Terms and Conditions
1.1 These terms and conditions set out the basis on which CallPlus Services Limited (Company Number 1271483) trading as Flip (Flip) provides Internet Services to our residential customers.
2. Our services
2.1 Services are not available in all areas or to all customers.
2.2 We are not obliged to provide Services unless we accept your application. We can decide whether or not to accept any application and we cannot guarantee the availability of a Service until it is connected.
2.3 We will be responsible for determining the manner in which the Services are to be provided. For example, we may sub-contract other network operators to provide part of any Service.
2.4 We will use all reasonable endeavours to make our Services available to you at all times. However, our Services rely on us using networks and Services owned by other people. As a result, we cannot promise that our Services will always be available or fully functioning. If our Services are unavailable for any reason, we will endeavour to restore them as soon as possible.
2.5 While we take reasonable security precautions, due to the nature of telecommunications Services we cannot guarantee the confidentiality of any calls or transmissions you make using our Services.
2.6 Where we materially alter or remove any free services that are provided to you, we will endeavor to give you at least 7 days' notice of such change.
Suspending or restricting services
2.7 We can suspend or restrict our Services at any time if we consider it reasonably necessary to protect or maintain our network or we believe that you have breached any of our terms. We will always do our best to contact you before doing this, but may not be able to do so in all circumstances.
2.8 We may suspend or restrict your use of the Services or disconnect you from the Network without warning if:
- you or anyone who makes use of your Service or your Equipment (with or without your authorisation) damages our or an Other Supplier’s Network or puts our or an Other Supplier’s Network at risk;
- you harass, abuse or threaten our team members; or
- our or an Other Supplier’s Network needs urgent maintenance or upgrading;
2.9 Up to date information about our current services can be found at www.flip.co.nz.
3.1 You must pay our charges for the Services we provide to you, regardless of whether you or someone else uses those Services. You are responsible for the maintenance of your Equipment and network devices used to access the Services and for the maintenance of appropriate security software to prevent unauthorised access to your equipment and network devices.
3.2 You will not be liable for any unauthorised use of the Services if such use is a result of our breach of this Agreement or negligence or unauthorised third party actions outside of your reasonable control provided that you supply reasonable evidence to us of compliance with your obligations under this clause. Should we charge you for any use of Services which you consider to be unauthorised by you, you should advise us without delay. We will assess any use so notified and reasonably determine who should be responsible for the resulting Charges.
3.3 We may vary our charges from time to time. If we increase any charge we will give you at least 30 days’ notice. You can always check the latest charges at help.flip.co.nz. If you do not agree to the changes, you may terminate the Service which is the subject of the changes.
3.4 Charges are payable either weekly or fortnightly, in advance.
3.5 If you breach any of the terms of your Agreement with us and we incur costs as result, then we may require you to pay those costs.
3.6 The Charges for each Service are those specified in this Agreement, as varied in accordance with this Agreement.
3.7 You must pay each invoice before the beginning of the period to which it relates. If you do not pay by the due date, we may:
- suspend or restrict your Service/s;
- recover from you any debt recovery costs including collection costs, revenue costs, legal fees, administration fees and/or other costs related to late or non-payment;
- register your payment default with a credit reporting agency.
3.8 Method of payment: You may pay by online banking, credit card, debit card or direct debit. If you wish to pay by another method there may be an associated charge as notified by us.
3.9 If you wish to raise a genuine dispute regarding an Invoice you must do so in writing within 90 days of the date of the Invoice. We will consider any issues raised in good faith and will promptly advise you of any resolution.
4. Your obligations when using Flip Services
4.1 You must:
- not use our Services in a way which:
- breaks any laws;
- breaches this Agreement;
- infringes anyone’s rights; or
- is malicious, obscene or offensive;
- not resell any Services to another party;
- only use a Residential Service for residential or private use and not for business or commercial purposes;
- use our Services in a reasonable and responsible manner;
- comply with any reasonable restrictions we impose or directions we give regarding the use of our Services;
- ensure that all information you give us is correct and that where any information you have supplied to us changes (such as contact details) you must provide us with updated information as soon as possible on 0800 60 8324;
- agree that we can act on any verbal or written instructions you give us in relation to the Services; and
- comply with our Fair Use Policy, as provided in clause 11.
4.2 We may install Equipment and carry out other work at your premises in order to provide you with the Services. You must allow us and our contractors access as and when we reasonably require for the purposes of installing, maintaining, monitoring and removing that Equipment or carrying out that work. If necessary, you must obtain any necessary consents to enable our access.
4.3 You are responsible for providing suitable environmental conditions for any Equipment and the Services, including reliable electricity supply with surge protection, if applicable.
4.4 If you decide to cancel your order, through no fault of us or the installer, after we have accepted your order and you have been provided an installation date, we may charge you a cancellation fee.
4.5 When you place an order and get your order number, you have committed to buying the item(s) and/or Service/s from us. If you have made a mistake, call us on 0800 60 8324 within 7 days. We will do our best to resolve any problems. If you choose to cancel your Service after purchase, we may charge you for the termination notice period.
4.6 You must not knowingly transmit any malware or use our Services in a manner which is likely to or is intended to damage or compromise the security of our network or anyone else’s network.
4.7 We do not control the information that can be accessed through the internet. Accordingly we are not responsible for any inaccurate, illegal or offensive information which may be obtained from your use of our Services. We are also not liable for any malware or other harmful code which you download via the internet.
5. Internet Services (including Broadband)
Modems and other Equipment
5.1 You will need a suitable modem to use our Services. Flip may provide you with a modem to use for the duration of the Agreement or you can bring your own. If you ask us to provide you a modem, you will need to pay a postage and packaging charge as specified on our website. Our friendly technical support team can help you with any issues you have. Ownership of any modems we provide you will remain with Flip. If you provide your own modem, you will own it.
5.2 If you decide to leave Flip, you will have to return the Flip Modem if you have leased one from us. If the modem is not returned, you will be charged $100 (or such other amount as set out on the Flip Website) to recover the cost of this device.
5.3 To maintain the integrity and reliability of our Network, we reserve the right to occasionally manage a modem we have supplied to you to ensure a high level of security within our Network and may include such tasks as updating router firmware, updating DNS setting and updating or changing general settings.
Change of address
5.4 When you move, you will need to cancel all current broadband Services to avoid unwanted charges. If you change your address, give us 7 days’ notice.
5.5 Our Plan speeds represent the theoretic maximum speeds at which you are able to send data to or receive data from our network. Actual speeds you experience depend on many different factors such as other providers’ delivery of data to or from our Network, your line quality, your equipment, number of users accessing the Services in your premises and many other factors. We cannot guarantee that our Services will always be available or that they can always be used for any particular purpose.
5.6 The total amount of data you can upload or download using our Services is unlimited. We may use traffic prioritisation policies for these Plans to protect our Network and improve the overall performance amongst our customers. Other factors may influence the particular speeds or latency you can achieve to servers nationally and internationally. Our control of these speeds is limited to our own Network. Connections to servers outside our Network are on a “best effort” basis. It may not be possible for you to achieve your desired or expected speeds or latency where you are connecting to equipment outside our control.
Copyright and law enforcement
5.7 We do not proactively monitor what content you download or access, however, we must act on lawful requests for information and/or interception as well as infringement notices which we receive under the Copyright (Infringing File Sharing) Amendment Act 2011. This action may include sending you an infringement notice.
6. Term and Termination
6.1 You may terminate this Agreement at any time in accordance with this clause. If you decide to terminate, charges will stop 30 days after we receive your notice to terminate a Service, unless we agree that charges will stop earlier. You can choose to continue to receive the benefit of a Service during the 30 days’ notice period. Where you wish to terminate a Service you must do so by calling us on 0800 60 8324.
6.2 We can terminate the provision of any Service to you, immediately if you breach any term of these terms or if we reasonably believe that you have supplied incorrect or misleading information to us.
6.3 If your Services are terminated for any reason you must still pay us for your use of the Services provided to you up to the date of termination.
7. Consumer protection laws and liability
7.1 The Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply alongside these terms. You can visit www.consumeraffairs.govt.nz to find out more about your rights under this legislation. Any rights you may have or obligations we may have to you under this legislation are not affected by the provisions of this clause 7.
7.2 If you are acquiring any Services from us for the purposes of a business as defined in the Consumer Guarantees Act 1993, you acknowledge that the provisions of that Act do not apply to those Services.
Forces outside our control
7.3 We strive to always provide quality Services and to exercise reasonable skill and care in performing our obligations to you. However, in rare circumstances, we may be prevented from doing so because of an act of God, act of State, riot, insurrection, civil commotion, strike, pandemic, sanctions, boycott, embargo or any other circumstance beyond our reasonable control. If that happens, we will try to let you know about it as soon as we reasonably can. Where those circumstances prevent us from providing Services to you, our obligations to you will be suspended in relation to the affected Services and we are not liable to you in those circumstances.
7.4 You acknowledge that no third party whose network or Services we use to supply Services to you (nor any officer, employee, contractor or agent of such third party) is in any way liable to you in connection with our Services. This clause is intended to confer a benefit which those third parties can enforce.
Flip's liability to you
7.5 Subject to clause 7.1, if we or anyone described in clause 7.4 are ever liable to you for losses arising from our breach of this Agreement or for our negligence, our maximum combined obligation to pay damages or losses is limited to $5,000 for any one event and a total of $10,000 in respect of all events in any 12 month period.
7.6 We accept our liability to you for breach of contract or negligence and as provided for in the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. However, we are not liable for loss to the extent that it is caused or contributed to by you.
Your liability to Flip
7.7 You accept your liability to us for your breach of this Agreement with us or your negligence. However, you are not liable for loss to the extent that it is caused or contributed to by us.
7.8 Your liability to us under this clause 7.7 is limited to $5,000 for any one event and a total of $10,000 in respect of all events in any 12 month period. This limitation does not apply to your obligation to pay any outstanding Charges or for any loss or damage caused by fraud, wilful breach or wilful damage.
Minimise your loss
7.9 If you suffer any loss as a result of this Agreement, you must take reasonable steps to avoid or minimise your loss. We are not liable for any loss that results from your failure to take those reasonable steps. Subject to clause 7.1, we will not be liable to you and you will not be liable to us for any indirect or consequential loss, or for any loss of profits, revenue, goodwill or business arising from a breach of this Agreement or negligence.
8. Privacy and credit checks
8.2 We may record calls between us to verify information and for staff training purposes.
8.3 If another one of our customers calls you, your name will appear on that person’s account as the called party. If you do not wish this to occur then please call us on 0800 60 8324.
8.4 You agree that personal information that we have obtained from you can be shared with others, for the purpose of monitoring and investigating fraud and other offences. We may also share your information with public sector agencies in order for them to investigate an offence.
8.5 You are entitled to see any personal information we hold about you (although you must pay our reasonable charges for our time and resources in making it available) and to request that any incorrect personal information be corrected.
8.6 We may require credit references and other credit information from time to time. We may also supply your information to a credit reference agency, in order to check your credit status. They may hold this information for up to two years. This is part of the credit reporting privacy code which came into effect 1 April 2012.
8.7 The information we share with credit reporting agencies includes information to ensure that those agencies are able to accurately identify individuals, information about an individual’s credit accounts (such as type of accounts and amount of credit), information relating to the circumstances of any credit default and information about credit non-compliance action.
8.8 Your rights in relation to credit information are set out in schedule 4 of the credit reporting privacy code. For more information, visit the Office of the Privacy Commissioner’s website www.privacy.org.nz/credit-reporting-privacy-code.
9.1 If we wish to communicate with you or notify you of anything we can do so by post, phone, facsimile or email to the last known address or number we have for you.
9.2 Email is our primary method of communicating with you. It is your responsibility to keep us informed of your most recent and active email address. We will not be liable for you not receiving notices if we have an incorrect, inactive or unused email address. If you contact us through the preferred contact email address you register with us when you create your account, we will take this to mean you are the account holder and have authority on the account. Please keep access to your preferred email account secure
9.3 If your contact details change you must advise us of the new details as soon as possible.
9.4 Except where you wish to terminate your Services with us (in which case you must follow the procedure in clause 6), if you wish to notify us of anything you can do so by writing to us at P.O. Box 108-109, Symonds Street, Auckland 1150, or by calling 0800 60 8324. We may require you to confirm in writing any advice you give us by phone.
10.1 We can change these terms (other than a change to the charges, which we will only vary in accordance with clause 3) from time to time as provided in this clause 10. We will inform you of any change by emailing or writing to you, or by providing relevant information on our website. Our latest terms and conditions are available at www.flip.co.nz/terms-conditions.
10.2 If we reasonably determine that a change to these terms will be neutral or positive for you, we can make the change immediately and do not need to give you prior notice and you will not be able to terminate the Service which is the subject of the change.
10.3 If we reasonably determine that a change will have a minor detrimental effect upon you, we will give you at least 10 days advance notice of the change.
10.4 If you can show us that any change to these terms will have a material detrimental effect on you, we will ensure the change does not take effect before your next payment period. If you do not terminate your Services by the start of the next period, you will be deemed to have agreed to the change.
11. Fair Use Policy
11.1 Our Fair Use Policy has been developed by reference to average customer profiles and estimated customer usage of our Services. From time to time, we may monitor usage patterns. If your usage of our Services:
- materially exceeds estimated use patterns over any week or month,
- is inconsistent with either normal usage patterns and/or the types of uses and purposes for which we communicate that the Services are to be used for, and/or
- includes activities such as auto-dialling, continuously call (or text)-forwarding, bulk texting by machines, automated texting, tele-marketing, call centres, and use of cellular trunking units (CTUs),
then your usage will be excessive and/or unreasonable in accordance with this Fair Use Policy and we may contact you to advise you that your usage is in breach of our Fair Use Policy. We may then request that you stop or alter your usage to come within our Fair Use Policy. If your excessive or unreasonable usage continues after receipt of a request to stop or alter the nature of such usage, we may without further notice, apply charges to your account for the excessive and/or unreasonable element of your usage; suspend, modify or restrict your use of the Services and/or withdraw your access to the Services. We may publish on the Flip Website additional terms, requirements and/or policies relating to fair use that apply to some or all of the Services which will provide further rules and details around how such Services can be used. We will do this to help us prevent spamming, bullying or fraud and to ensure that excessive use of such Services does not prevent our customers from enjoying such Services (for example, by affecting our Network or a specific cell tower).
12.1 You must not assign your rights under this Agreement. We can transfer our rights and obligations under this Agreement to anyone else. We will notify you if we do so and we will use best endeavours to provide notice in advance of any such transfer.
12.2 A delay in exercising any right is not a waiver of that right. A failure to exercise a right on any occasion does not prevent any subsequent exercise of that right.
12.3 Any dispute regarding the provision of our Services under these terms is to be determined by New Zealand courts.
13. Definitions and interpretation
13.1 The following definitions and rules of interpretation apply unless the context requires otherwise:
Agreement means these Terms and Conditions, and the Plans as varied from time to time in accordance with this Agreement.
Charges means amounts payable to Flip by you for the Services, being amounts specified in your Plan or elsewhere in this Agreement, and for Services for which charges are not specified, the standard amounts charged by Flip for such Services.
Confidential Information of a party means all information (except information in the public domain other than as a result of a breach of an obligation of confidentiality) regarded by that party or any Related Company as being confidential, whether the other party became aware of the information before or after entering into this Agreement.
Emergency means any actual or apprehended event or condition that in the opinion of Flip may endanger the safety or health of a person, or damage any property or cause interruption to any Service or affect in any way the normal operation of the Flip Network or any interconnected network or expose any person to legal liability or to any loss, damage or expense.
Equipment means any hardware, software or other infrastructure used in connection with a Service.
Fair Use Policy means a fair use policy as referred to in clause 11.1, as amended from time to time in accordance with this Agreement.
GST means goods and services tax charged in accordance with the Goods and Services Tax Act 1985.
Invoice means an account rendered by Flip for Charges.
Network means the telecommunications system owned by us and/or any of any Related Company which we use to provide the Services to you and other customers, including our WCDMA network.
Other Supplier means Spark New Zealand Limited (or its related companies) or other third party supplier (whether to Flip or to you direct) of goods or Services in relation to the Services.
Plan means the Flip plan you signed up for with the pricing and other details specified in your confirmation email.
Related Company means a related company as defined in section 2 of the Companies Act 1993 and includes Vocus (New Zealand) Holdings Limited or any company which is a direct or indirect subsidiary of Vocus (New Zealand) Holdings Limited, or which would otherwise be deemed to be a Related Company of CallPlus Services Limited.
Residential Service means a Service which is of a type, or which is supplied on terms, which Flip designates for residential or private use.
Roaming means an Additional Service that allows you to use your Mobile Device in countries other than New Zealand.
Service means the provision of a fibre broadband internet service to you as specified in your Plan.
Flip means that business name and/or trademark owned and used by Flip.
Flip Equipment means Equipment supplied by or on behalf of Flip.
Flip Network means the telecommunications network owned or operated by Flip and includes Flip Equipment and if applicable any connected telecommunications network.
Flip Website www.flip.co.nz and all associated pages.
we, our or us means Flip, a division of CallPlus Services Limited Company Number 1271483 trading under the brand Flip.
you or your means the customer who is party to this Agreement.
13.2 The following rules of interpretation apply on any matter affecting the proper interpretation construction of this Agreement:
- Headings: headings are for convenience only and do not affect the interpretation of this Agreement;
- Inconsistency: in the event of inconsistency, the parts of this Agreement will have the following order of priority, first the Plan and then these Terms and Conditions;
- Singularity: the singular includes the plural and conversely;
- Grammar: where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
- Including: to avoid doubt, the word including is not intended to be exhaustive in operation and is to be interpreted as including but not limited, unless expressly provided to the contrary;
- Construction: no rule of construction or interpretation applies to disadvantage a party because that party prepared or was responsible for the preparation of this Agreement or any part of it;
- Reference to Currency: A reference to currency is a reference to New Zealand currency unless expressly stated to the contrary.
- References to Persons: a reference to a person includes a natural person, partnership, joint venturer, government department or agency, body corporate, an unincorporated body or other legal entity and conversely;
- References to Parties: a reference to a party includes the party’s successors and permitted assigns; and
- Reference to Right or Obligation: a reference to a right or obligation of any two or more persons confers that right, or imposes that obligation, as the case may be, jointly and severally.
Flip General Competition Terms and Conditions
By entering a promotion with Flip (the Competition), you are subject to these general promotional terms and conditions and any specific terms advertised with the promotion (together, the Competition Terms) and entry into the Competition is deemed as acceptance of these Competition Terms.
Flip may refuse entry to the Competition to New Zealand residents aged under 18 years old and employees of any Vocus Communications Limited New Zealand group companies and their immediate families or any other persons involved with the Competition. Flip reserves the right to verify the validity of entries.
Entries received after any closing time advertised with the promotion will be ineligible for entry.
If the prize includes a Flip plan, the exact Flip plan will depend on what broadband services are available at the winner’s address. The winner will be liable for all costs associated with the prize that exceeds the base value of the prize (for example, a winner will be liable for all costs involved above $89.95 for a prize that consists of an $89.95 per month plan).
The prize is non-transferable for cash. If applicable, the prize is subject to the standard terms and conditions of the Flip Broadband service available at https://www.Flip.co.nz/terms-conditions/ (General Terms). Any failure by the winner to comply with these Competition Terms or the General Terms may result in the prize being forfeit.
The judge’s decision of the winner of the Competition is final and no correspondence will be entered into.
Flip is entitled to, in its absolute discretion, change these Competition Terms (including without limitation substituting the prize offered with a prize that it believes is of similar value or benefit) or to cancel the Competition at any time without prior notification. No claim may be made against Flip or any of its agents, contractors, employees or other representatives in connection with such change or cancellation as mentioned above.
The prize must be redeemed within three months of being announced, after which time the prize may be forfeited (at Flip’s discretion) and a further draw may be conducted to find a new winner.
Flip accepts no responsibility or liability for any winner’s enjoyment of the prize or any other costs and expenses (including taxes) that may be incurred by the winner relating to the prize or the winner’s enjoyment of that prize.
To the extent permitted by law, Flip, its employees and agents, exclude any liability they may have to you arising directly or indirectly out of or in connection with the Competition. This exclusion applies to any losses, costs, or damages you may claim for (including but not limited to indirect or consequential loss) and however the liability arises, or might arise if it were not of this exclusion.
The promotor of this Competition is Flip Limited, 34 Sale Street, Auckland 1010.
Flip Social Media Terms and Conditions
By entering any of Flip’s Facebook competitions or giveaways you are deemed to have agreed to these terms and conditions.
Your comment or entry must not contain any obscene or defamatory content. Flip may remove any comments deemed inappropriate, offensive, or not in line with the spirit of the competition, that tampers with the entry process, or that fails to comply with these terms and conditions. The prize and start/finish dates for the competition will be clearly stated in the post.
Entries must be made within the specified start/finish dates. Flip is not responsible for late, misdirected or failed entries due to equipment or user error. Winners will be contacted via Facebook. All reasonable attempts will be made to contact the winner. If the winner does not reply within 48 hours of being notified another winner may be drawn. Prizes are not redeemable for cash.
Entrants must live and have a residential address in New Zealand. Unless stated otherwise, an entrant does not have to be a Flip customer to enter. Vocus Group employees and immediate family members are not eligible to enter. The competition winner’s name and basic details may be used for promotional purposes on Flip social platforms.
The competition is in no way sponsored, endorsed or administered by, or associated with, Facebook. You completely release Facebook from any and all liability associated with this competition.