WombatNET LTD – Terms and Conditions of Service

1. Introduction

Welcome to WombatNET! We’re committed to providing fast, reliable internet to our customers, and we want to ensure you understand how our services work. These Terms and Conditions (“Terms”) set out your rights and responsibilities when using WombatNET’s services, as well as our obligations as your service provider.

By signing up for or using our services, you agree to these Terms. If you ever have questions or concerns, please reach out—we’re happy to help!

We may update these Terms from time to time, and the latest version will always be available on our website. If a change significantly impacts you, we’ll do our best to notify you in advance.

2. Agreement to Terms

  • Online Sign-Ups: When signing up online, you must check the box confirming that you agree to these Terms before completing your sign-up.
  • Phone Sign-Ups: If you sign up over the phone, we’ll verbally confirm your agreement and direct you to review these Terms on our website.
  • General Acceptance: Whether you sign up online, by phone, or through any other method, using our services means you accept these Terms.
  • Failure to Read: Not reading these Terms does not exempt you from your obligations under this agreement.

3. Our Services

3.1 What We Provide

WombatNET provides high-speed wireless and fibre internet services. While we aim to keep our service running smoothly 24/7, the reality is that no internet service is perfect. From time to time, there may be planned maintenance, unexpected outages, or network congestion.

3.2 Service Availability & Performance

  • WombatWireless™ X internet performance relies on a clear line of sight to our access points. Environmental changes such as tree growth, weather, or new buildings can impact performance.
  • The speed and quality of your service may vary due to factors beyond our control, such as network congestion, interference, and technical issues with third-party providers.
  • WombatNET does not guarantee uninterrupted service but will always strive to minimise downtime.

3.3 Network Maintenance & Outages

  • We may need to perform maintenance to keep our network running smoothly. We will provide advance notice wherever possible.
  • If there is an unplanned outage, we’ll work as quickly as possible to restore service.

4. Customer Responsibilities

4.1 Equipment & Set-Up

  • Installation may involve modifications to the premises. Any damage claims must be raised within six months of installation. WombatNET is not liable for complaints made after this timeframe.
  • You are responsible for maintaining your own equipment (such as routers, modems, and devices).
  • If we provide any equipment, it remains your responsibility while in use. If it is lost, stolen, or damaged, you may be liable for replacement costs.

4.2 Acceptable Use

To ensure a fair and reliable service for all customers, you agree:

  • Not to use our network for illegal activities (e.g., hacking, unauthorised access, or distributing objectionable content).
  • Not to engage in activities that degrade service for others, such as excessive bandwidth consumption or spam emailing.

4.3 Prohibition on Service Sharing

  • WombatNET’s services are provided only for the premises specified at the time of sign-up.
  • Customers may not share, extend, or distribute their connection to additional properties, outbuildings, or external sites without prior written consent from WombatNET.
  • Unauthorized service sharing may result in immediate suspension or termination of service without refund.

If we detect activity that violates these conditions, we may take action, including warning you, slowing your connection, or, in extreme cases, suspending or terminating service.

5. Billing & Payments

5.1 Invoicing & Payment Due Dates

  • Invoices are sent 14 days before the due date and must be paid in full by the 1st of each month.
  • You can pay via bank deposit, debit/credit card (through our online portal), or cash in person.

5.2 Late Payments & Disconnection

  • If payment is not received within 7 days of the due date, a late payment penalty of 35% of the outstanding balance will be applied.
  • If an account is 30 days overdue, service may be suspended.
  • If an account remains unpaid for 60 days, service may be permanently terminated, and outstanding amounts may be referred to a debt collection agency.

6. Cancellations & Refunds

6.1 Cancelling Your Service

  • If you are on a fixed-term contract, an early termination fee of $149.99 applies if you cancel before your contract ends.
  • If you are on a month-to-month plan, you can cancel at any time with 30 days’ written notice.
  • If you cancel immediately, billing will continue for 30 days or until the end of the current billing cycle.

6.2 Refunds

  • We do not provide refunds for unused portions of prepaid service.
  • Equipment purchased outright may be eligible for a ‘buy-back’ if service is cancelled, with refunds following a depreciation schedule (e.g., an annual 85% reduction in value).
  • If a fault prevents us from delivering the service as promised and cannot be resolved within a reasonable timeframe, you may cancel without penalty under the Consumer Guarantees Act 1993.

7. Fair Use & Copyright Compliance

7.1 Bandwidth & Data Usage

  • Excessive usage over 5TB per month may result in bandwidth throttling or other measures to ensure fair network access for all customers.
  • We reserve the right to manage traffic to maintain network performance.

7.2 Copyright Infringement

  • If we receive a copyright complaint regarding illegal downloads from your connection, we will notify you.
  • Repeated copyright violations may result in service suspension or termination.
  • WombatNET is not liable for copyright breaches committed by customers.

8. Privacy & Security

8.1 How We Handle Your Data

  • We collect only the personal information necessary to provide and manage your service.
  • Customer data is stored securely in compliance with the Privacy Act 2020.

8.2 Third-Party Payments

  • Card payments are securely processed through Stripe Inc. WombatNET is not responsible for any security breaches involving third-party processors.

8.3 Data Breaches

  • If a data breach occurs, affected customers will be notified promptly, and corrective action will be taken.

9. Complaints & Disputes

9.1 How to Raise a Complaint

  • If you have an issue with our service, please contact us at [email protected] or via phone at 0800-424-281. We’ll do our best to resolve it as quickly as possible.

9.2 Dispute Resolution

  • WombatNET is not a Telecommunications Dispute Resolution Scheme (TDR) member.
  • If we cannot resolve a dispute, you may take your case to the New Zealand Disputes Tribunal.

10. Limitation of Liability

  • To the fullest extent permitted by law, WombatNET is not liable for any indirect, incidental, or consequential losses, including loss of income, business, or data, due to service outages or disruptions.

11. Termination of Service

WombatNET reserves the right to terminate service without notice or refund in the event of:

    • Breaches of the Fair Use Policy or Acceptable Use Policy,
    • Repeated copyright violations, or
    • Abusive, hateful, or derogatory behaviour directed toward WombatNET staff or services.

12. Force Majeure

WombatNET is not liable for service disruptions caused by uncontrollable events, including but not limited to:

  • Natural disasters (earthquakes, storms, floods)
  • Government actions or regulatory changes
  • Network failures from third-party providers
  • Acts of God or unforeseen emergencies

We will always try to restore service as soon as possible, but we are not responsible for any losses caused by these disruptions.

13. Referral Policy

  • For every customer referral resulting in a new 12-month subscription, the referrer will receive a service credit equivalent to one month’s service fee. Customers can earn up to 12 referral credits per calendar year.

14. Amendments & Governing Law

  • We may update these Terms from time to time, with changes posted on our website.
  • These Terms are governed by New Zealand law, and any disputes will be resolved in the New Zealand courts.

By signing up for and using WombatNET’s services, you agree to these Terms.

If you have any questions, feel free to contact us at [email protected] or via phone at 0800-424-281.

Last Updated: 16/02/2025