• these Customer Terms (which describe, for example, any service limitations and what charges may apply);
• the Fulltilt broadband product pages, as set out on our website (describing the Service); and
• the “frequently asked questions” about Fulltilt on our website (describing the Service).

Together these make up the “Service Description” for Fulltilt Broadband Services. Links to the pages on our website which set out more detail about the features, prices and other matters about our Fulltilt Services are here.

Changes to terms: From time to time we may need to change the terms of this Agreement by changing or removing existing terms or by adding new ones. Changes may take the form of completely new terms. We will tell you about any changes to the terms of this Agreement by publishing the change on our website. Your continued use of Fulltilt Broadband Services after changes have been notified to you in this way indicates your acceptance of those changes. If you do not agree to the changes you may exercise your right to terminate this agreement.

Changes to Charges: We may change our Charges from time to time. When we decrease charges for any Fulltilt Broadband Services we may make the change immediately and we will tell you about the change as soon as possible after the change has been made by emailing you, and publishing the change on our website.

When we increase Charges for any Fulltilt Services (including introducing charges for Fulltilt Broadband Services that are currently free) and you are impacted by the change, we will notify you of these changes by emailing you, and publishing the change on our website.

Changes to Fulltilt Broadband Services: We may alter our Fulltilt Broadband Services from time to time. If we reasonably consider that a change to our Fulltilt Broadband Services is likely to benefit you or have a neutral impact on you we may make that change immediately and will tell you about the change as soon as possible after the change has been made by emailing you, and publishing the change on our website. Examples of changes that will benefit you include inclusion of additional benefits in your existing Fulltilt plan. Examples of changes that will have a neutral impact on include changing the name of your existing Fulltilt plan, or other products.

If we alter our Fulltilt Broadband Services in a way that reduces the service offering currently received by you and the change is within our control, we will notify you by email, of such alterations. However, if the change is outside of our control, and it is possible, we will provide you notice of the change beforehand. If the change is outside of our control and we are unable to provide you notice of the change beforehand we will provide you notice as soon as possible after the change has been made. We will tell you about any such alterations by emailing you, and publishing the change on our website.

We may change you to a new Fulltilt Broadband plan or product if we consider, acting reasonably and in good faith, that you will be better off, and will give you one month’s notice of such a change by emailing you, and publishing the change on our website.

Right to Terminate: If you do not agree to any changes made in accordance with this clause, you may exercise your right to terminate this Agreement by cancelling your Fulltilt Broadband Services.

Customers wishing to sign up to Fulltilt broadband must complete the online sign-up form found at www.fulltilt.net.nz

Fulltilt Broadband is not available in all areas. Occasionally factors like the distance of our equipment from a particular site or address mean we are unable to deliver Fulltilt Broadband, even where Fulltilt Broadband is available in your area.

When ordering Fulltilt naked broadband your fixed land line (landline phone) will be disconnected. This means that any additional services that you have running over your fixed land line, such as voicemail, fax, eftpos and caller display will no longer work. Services that require a fixed land line to operate, such as medical alarms, fax machines and pay per view movies through your Sky box (Landline Dependant Services) will not work without a fixed land line. If you have Landline Dependant Services at your house and you want to continue to use them please advise us in the signup process or in the comments to ensure that the order is placed correctly. It is your responsibility to check whether you have any Landline Dependant Services before you sign up for Fulltilt naked broadband.

Our standard connection does not generally require a home visit, however a technician may visit your home to confirm your connection is working.

In some cases you will require a non-standard installation to use the Fulltilt Service and there may be additional charges for this. A technician approved by Fulltilt or a Chorus technician will visit your home to carry out the installation to get Fulltilt Broadband working at your place. It is generally only required for new builds, or areas where a Chorus copper line is not present. We will let you know ahead of time if this is likely to be the case, and an estimate of the cost. We reserve the right to reject orders for non-standard installations on a case by case basis.

Other points to note:

The activation of your Fulltilt Broadband Service will result in you experiencing a temporary loss of your broadband connection. Normal service is usually resumed within an hour.
If, despite our reasonable efforts, your Fulltilt Broadband installation fails (e.g. the technician is unable to get the service running), any equipment will remain at your premises and you will not be charged for the installation.
If you decide to cancel your Fulltilt Broadband order, through no fault of ours or the installer, after you have accepted your order and have been provided an installation date for a non-standard installation, we may charge you a cancellation fee. This will not apply where you do not agree to any additional work or costs.

Broadband is not available in all areas and broadband speeds do vary. Factors which impact on speed include how close your premises are to our wireless sites or an exchange, your computer’s capability, modem, connection and wiring, Wi-Fi, interference from electrical devices, the location and quality of the websites you choose to view, and any software you may have downloaded (malicious or otherwise). The day-to-day performance will also be affected by the number of users in your household and also on our network or the network of third parties that we use to provide the service to you.

Wireless Speeds

All of our wireless plans allow you to burst up to the plans advertised speed, however speeds do vary day to day depending on congestion, interference and atmospheric conditions.   We believe an acceptable speed is 50% of the advertised plan.

You will need a modem to use the Fulltilt Broadband Service. We provide a modem ADSL / VDSL / UFB modem with all of our installs.  We have selected and tested these modems and they are of a high quality, so we do recommend using them.

You may choose to use your own modem and that is fine.  Please advise us in the signup process.

We are not responsible for your modem if you choose to use your own modem (without limiting your rights under Consumer Guarantees Act 1993 and Fair Trading Act 1986).

You will need to set-up and configure your modem and computer yourself.

If you want your Fulltilt Broadband Service transferred to a new house, you will have to pay for any non-standard connection and installation required. We can not guarantee that Fulltilt broadband will be available at your new house.

Charging for Fulltilt is on a monthly prepaid basis. Your first payment will be taken from your nominated credit or debit card on the day of your connection in accordance with the plan you have signed up with, and on the same date every month following, or next business day in the event of a public holiday or other interruption.

For Example: If you connect with Fulltilt on the 3rd of Feb, your payment for 3rd Feb-2nd March will be taken on 3rd Feb. Your next payment, for 3rd March-2nd April will be taken on 3rd March.

If your payment fails (e.g. due to credit card expiry, no available funds etc) we will attempt to take payment again. If this fails, then your account will be suspended for 5 days, giving you an opportunity to update your credit card, but without access to the rest of the internet, before one final attempt will be made. If this also fails your Fulltilt service will be disconnected and you will be unable to re-sign with Fulltilt for a period of 2 weeks, and must pay any outstanding invoices upon re-sign.

Any money paid is not refundable in the event that you decide to leave Fulltilt before the end of your billing month.

Any money paid for hardware and labour is non-refundable.

A plan change may be requested through our support form or via the ‘FullTilt portal’ function on our site. Extra charges will be charged to your credit card.

We may withhold, suspend or restrict your use of any or all of the Fulltilt Broadband Services or disconnect you from using them without warning if:

you or anyone who uses them in any way that does not comply with these Customer Terms or any other terms and conditions relating to the Fulltilt Broadband Services, or puts our Fulltilt Broadband Services at risk;

you harass, abuse or threaten our staff.

We may also need to suspend your use of Fulltilt Broadband Services without warning if our services and systems require urgent maintenance, upgrading, or protection, to manage network traffic or access to network services (for example, to manage peer to peer traffic types), to improve functionality and attributes of the Fulltilt Broadband Services, or where it is reasonably necessary for us to do so.

When we withhold, suspend, restrict or disconnect a Service for the reasons set out in our terms and conditions, you may have to pay a reconnection fee before you can use the Services again.

Please note that Fulltilt accounts that are inactive, expired, terminated, disconnected, suspended or blocked will not be entitled to any credit remaining on the account.

In most cases, normal charges continue to apply during the suspension or restriction of any Fulltilt Broadband Service.

You acknowledge that we reserve the right to suspend, sign out, disconnect, terminate, or delete your Fulltilt Broadband Services accounts (including sub accounts) or any communication session for any particular Fulltilt Broadband Service that is “inactive” for a period of time. “Inactive” means that you have not used a particular Fulltilt Broadband Service for a continuous 6 months’ period.

You may end this agreement at any time for any reason by cancelling your Fulltilt Broadband Services with 30 days notice.

We may end this agreement immediately without notice to you if:

We have the right to suspend your access to the Fulltilt Broadband Services for any reason.;

You breach this agreement in a material way (for example, if you do something that could negatively impact on our services or network) and do not put it right within seven days of us asking you to, or

You become insolvent or bankrupt, or a receiver, manager and receiver, or statutory manager is appointed over any or all of your assets, or any resolution is passed, or any proceeding is commenced to wind you up or liquidate you, or your poor payment history indicated, acting reasonably and in good faith, that you are unable to pay charges owing.

We do not and cannot in any way supervise, edit or control the way in which you or other end users use the content, information or other material accessed through the Fulltilt Broadband Services we provide to you.

You acknowledge and agree that we will not be held responsible in any way for the content, information or other material accessed or provided by means of our Fulltilt Broadband Services. You are responsible for all content, information or other material that you upload, download, post, email, or otherwise transmit, access or make available through the use of our Fulltilt Broadband Services.

We have not reviewed all or any of the sites linked to the Fulltilt Broadband Services and we are not responsible for the content of any of those sites

The Fulltilt Broadband Services are delivered to you using other providers’ infrastructure and systems, for example, that of Chorus and other upstream connectivity providers. These other providers’ infrastructures and systems are outside of our control, and we therefore are not liable or responsible for anything which occurs as a result of other providers’ infrastructure and systems.

Many of the products and services offered for sale or advertised on, and much of the information provided in connection with, our websites and other services, are the products, services and information of third parties. Third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier.

You must make your own inquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to third party products and services supplied by means of our Fulltilt Broadband Services. You should check with the third party supplier whether there are additional charges and terms which may apply.

Except to the extent specifically stated in these Customer Terms or by law, Fulltilt and any of our related companies (“related company” has the meaning set out in section 2(3) of the Companies Act 1993) and our and their respective officers, employees, contractors, agents and suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful features, or accuracy of information, the services or other materials provided to you, which are provided “as is” without warranty of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement of the rights of any third party.

To the fullest extent permitted by law, you agree that Fulltilt will not be responsible for unauthorised access to or alteration of your communications or data, any material or data sent or received or not sent or received, any transactions entered into through use of the Fulltilt Broadband Services or our websites, any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You also agree that Fulltilt is not responsible for any content sent using, or included in, our Fulltilt Broadband Service or websites by any third party.

If the Fulltilt Broadband Services include email services, information services, bulletin board services, chat areas, news groups, forums, groups, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively “Communication Services”), you agree to use and access the Communication Services in accordance with these Customer Terms and any applicable specific product terms, and only to upload, post, email, or otherwise transmit or access messages and material that are permitted in accordance with those terms.

You (and not Fulltilt) assume the entire cost of any necessary verification, maintenance, repair correction and/or removal of any relevant Communication Service messages and material.

We are not under any obligation to monitor the Communication Services, but we reserve the right at all times to review messages and materials transmitted and accessed through a Communication Service and to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, governmental request or code, or to edit, refuse to post or to remove any message or materials, in whole or in part, in our sole discretion. We reserve the right to terminate your use of and access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Fulltilt Broadband does not have data caps. However we expect you to use the Fulltilt Broadband Services in a responsible and fair manner so that your use of the Fulltilt Broadband Services does not impact other customers. When using the Fulltilt Broadband Service you should take into account:

The effect your use of the Fulltilt Broadband Services may have on networks, equipment and other parties; and
Compliance with “netiquette” and internet conventions; and
The fact that such use must not interfere with the availability of any of the services to others or any other services offered by us and other internet providers and carriers to others.
Illegal Uses – You must not use the Fulltilt Broadband Services in ways that constitute criminal or civil breaches of any statute, regulations, government requirements or any other law (including general or common law) of any country. Those breaches include, without limitation, breach of intellectual property rights (such as copyright, trademarks, patents, trade secrets and confidential information); defamation; breach of obscenity laws and laws as to objectionable publications, such as pornography and hateful materials; fraud; theft; misappropriation of money, credit card details or personal information; breaches of privacy obligations; and breaches of trade practices legislation, examples of which are the Fair Trading and Consumer Guarantees Acts (New Zealand).
Security and Protection of the Network – You must not use the Fulltilt Broadband Services to breach, or attempt to breach, the security and operation of any network, equipment or any other system. This includes: hacking, cracking into, monitoring, or using systems without authority; scanning ports (including scanning for open relays); improper configuration of mail servers and FTP servers enabling distribution of spam or unlicensed material by others; interference of service to any user or network (or activities that might encourage such interference by others) including mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks; denial of service attacks or activities which might encourage denial of service attacks by others; unnecessarily excessive traffic (including excessive pings); distributing viruses, or other harmful material or software; any communications across the services which do not accurately identify (or disclose in a manner that is misleading) addresses, headers, names and other relevant details; and using our network in any way as a staging ground for any of those breaches or to disable or “crack” other systems.
Industry Codes – You must not use the Fulltilt Broadband Services in a way that breaches any material standard, code and content requirements produced by any relevant authority or industry body.
Threats – You may not use the Fulltilt Broadband Services to transmit content of a threatening nature including threats of death, physical harm and defamation.
SPAM – Sending spam is not permitted.

A static IP is available for all our plans.  Because of this, it is your responsibility to ensure that you maintain your modem’s firewall, antivirus and any other security program to ensure that your network is secure.

Because of the nature of telecommunications services, Fulltilt is unable to provide specific performance guarantees.

While we always strive to provide a consistent and reliable service, there are a number of factors that influence reliability of our Fulltilt Broadband Services. For this reason, we do not guarantee continuous or fault-free services, service availability at a particular location, connection speed bandwidth, latency (delay) or bit rate through the network that we use to provide our Fulltilt Broadband Services at any one point in time.

As the Fulltilt Broadband Services can occasionally go down, you should take this into account when choosing this product and what you will want to use it for. While we do use reasonable endeavours to resolve any service issues, we cannot guarantee how quickly we can arrange for resolution of any problems with the provision of our Fulltilt Broadband Services.

The stability and performance of your Fulltilt Broadband Service can be affected by a number of potential faults. A fault can commonly originate from the network, phone line, your modem, or your computer.

Faults can be raised by sending a message through our form at https://accounts.fulltilt.net.nz/submitticket.php?step=2&deptid=1

The business hours are 9am – 5pm Monday to Friday.

As a consumer, it is important that you understand that any rights you may have, or obligations we may have to you, under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply alongside these Terms, and are not impacted by anything in this clause. The website www.consumeraffairs.govt.nz is a useful place to visit to help you understand your rights under this legislation.

If you are acquiring Fulltilt Broadband Services 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 the Fulltilt Broadband Services that that we provide to you under this agreement.

Your liability to us:

You accept your liability to us for breach of contract or negligence, and

You are not liable for any loss to the extent that it is caused by us (for example, through our breach of contract or negligence).

Our liability to you:

The Customer agrees to indemnify, defend and hold Fulltilt and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable solicitor’s fees related to the Customer’s breach of this contract.

Notwithstanding anything else in the contract, Fulltilt shall not be liable to the Customer for loss of profits, contracts, loss of reputation, loss caused by any third party deleting, removing, deactivating or tampering with the Fulltilt Service or other indirect or consequential loss whether arising from negligence, breach of contract or howsoever.

Fulltilt are not liable to you for any indirect or consequential loss, or for any loss of profits, revenue, goodwill, business or anticipated business or anticipated profits or savings.

You may become aware that you have suffered loss before we do. If you suffer any loss as a result of this agreement, you agree to take reasonable steps to avoid or minimise your loss and that we are not liable for any loss that results from your failure to take reasonable steps to do so.

We aim to provide quality services to you at all times, and exercise reasonable skill and care in performing our obligations to you. However, if we are prevented from performing any obligation in these Terms by reason of any act of God, network damage caused by a third party, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo or any other circumstance beyond our reasonable control, we will try to advise you of the existence of the circumstances and its expected duration, and the obligations that are impacted by the circumstances. Our performance of these Terms and provision of Fulltilt Broadband Services to you will, to the extent that it is made impossible or impracticable by such circumstances (despite us taking reasonable steps to provide the services be suspended until such circumstances cease to exist. We are not liable to you for any failure or delay in performing any obligation set out in these Terms in the circumstances contemplated by this agreement.

No other CyberHub company, network operator and/or third party supplier (including their officers, employees, contractors and agents) will be liable to you for loss or damage of any kind arising from your use of the Fulltilt Broadband Services. This clause creates a right and benefit that other CyberHub companies, network operators and/or suppliers can enforce as a defence to any claim.

Your use of the Fulltilt Broadband Services involves the collection by us of personal information about you, such as your email address, name, home or work address or telephone number. We may also collect demographic information, such as your age, gender, preferences, and interests. Information collected by us may be combined with information obtained by our related companies.

This information is used by us for the operation of the Fulltilt Broadband Services, to maintain quality of the Fulltilt Broadband Services, to provide general statistics regarding use of the Fulltilt Broadband Services and to assist us to deliver customised content and advertising to our customers.

Where possible, information will be obtained directly from you, but otherwise it may be provided from others (with your consent), or generated within or by the systems used to provide our Fulltilt Broadband Services.

You may decide not to provide information to us. However, if you do not provide it, we may not be able to provide our Fulltilt Broadband Services to you.

You may ask to see any information we hold about you and we will provide it as long as we have such information and can readily retrieve it. You may also ask us to correct any incorrect information we hold about you. We may charge you for the reasonable costs of retrieving and providing this information.

We may occasionally monitor telephone calls between existing and new customers and our personnel to help train our personnel to provide better customer service. We may also monitor communications between our customers and third parties to maintain and support our systems and to safeguard the security and integrity of our services.

We may provide your personal information to our related companies, our contractors, credit reference and debt collection agencies, communications network operators and selected business partners to:

Provide our Fulltilt Broadband Services for you and others
Recover money you owe
Keep you informed of and conduct, sales and marketing activities in relation to services available to, or planned for, you from us and other people
Exercise any lawful right we or any of our related companies, our contractors, credit reference and debt collection agencies, communications network operators and selected business partners has

Although we may publish aggregated information relating to your use of the Fulltilt Broadband Services, such as usage patterns, we do not disclose information in a form that could reasonably be expected to identify you, without your prior permission.

Personal information collected in relation to your use of the Fulltilt Broadband Services may be stored and processed in New Zealand or any other country in which we or our related companies or agents maintain facilities, and by using our Fulltilt Broadband Services, you consent to any such transfer of information outside of New Zealand.

We may disclose information about you or your use of our websites and/or services without your prior permission if we have, acting reasonably, a good faith belief that such action is necessary to:

Conform to legal requirements (including, but not limited to, requirements in accordance with any applicable law, regulation or government request) or comply with legal process, or to help maintain the law
Protect our rights or property or those of our related companies
Enforce our Customer Terms
Act to protect the interests of our, or our related companies, customers or others

We do not sell, rent or lease our visitor or customer information to third parties.

We may send you notices by sending you a text, by emailing or writing to you, by calling you, by publishing the notice on our website or by issuing a public notice in the major newspapers.

We may have any related company or an agent approved by us or any service provider approved by us perform any of our rights and obligations under this agreement. In that case, each of those companies or agents or service providers and their officers, employees, contractors and agents will have the benefit of any terms of this agreement which confer benefits on us.

We may transfer to someone else all or any part of our side of the agreement you have with us, for example where are company ownership structure changes. This agreement is personal to you and you may not transfer this agreement or any benefit or obligation of it to any other person.

Each term of this agreement is separately binding. If for any reason any term is not legally effective all other terms shall remain binding and we can replace the term that is not legally effective with a term of similar meaning that is lawful and effective.

A failure or delay by you or us to enforce any rights or powers under this agreement shall not operate as a waiver of that right or power. A waiver of any breach of this agreement shall not be deemed to be a waiver of any other or subsequent breach.

This agreement is governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of it.This agreement is governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of it.

Either party may cancel any service with a 30 days notice.

Copper Service Cancellation

In the event of cancelling a copper service (ADSL, VDSL) within the Chorus 12 month contract period, FullTilt pass on the Chorus cancellation fee which is $199+gst.

UFB Service Cancellation

All UFB (fiber) customers are in a 12 month contact.  After the initial contract period of 12 months, you then change to a month to month and may cancel your UFB connection at any time and not incur a cancellation fee.  The cancellation fee is equal to the amount of months left on the agreement times the monthly fee.  For example, if you are on the FullTilt Fiber 30 / 10 plan that costs $89/month and cancel 10 months into a 12 month term your cancellation fee will be 2 months x $89 = $178+gst.

FullTilt Wireless Cancellation

In the event of cancelling a FullTilt wireless internet service there is a $199+gst cancellation fee, however if you return the wireless dish, router and any other equipment that we installed this fee will be waived.

Outstanding Debt

In the event that the customer has an outstanding debt with FullTilt, FullTilt reserves the right to cancel the service at anytime.  In the event that the customer does not or refuses to pay any outstanding debt, that debt will be referred to debt collectors by FullTilt and all debt collection fees and legal fees will be added onto the outstanding debt.