Terms & Conditions

Terms and Conditions for Yrless Limited 

These terms and conditions apply to all services provided by Yrless Limited to residential and business customers. 

 1. ABOUT THESE TERMS 

1.1 These terms and conditions apply to all internet services (including Fibre, Wireless, FWA, ADSL, VDSL, and RBI) and any other services that Yrless, its parent company or subsidiaries supplies to you.  

1.2 Our agreement with you includes these terms and conditions, your pricing plan(s), any plan-specific terms, and any additional terms we agree with you in writing. Together, these documents form a legally binding agreement between us. 

1.3 If there is any conflict between these general terms and conditions and specific terms relating to your plan or service, the specific terms will prevail. 

1.4 Contact us: 

2. WHAT TO KNOW AT A GLANCE 

FIBRE 

WIFI 

FWA (FIXED WIRELESS ACCESS) 

ADSL & VDSL 

RBI 

3. OUR SERVICES 

3.1 Not all services are available in all areas or to all customers. We cannot guarantee our service will be available to you until it is successfully connected. 

3.2 We are not obliged to provide services unless we accept your application. We can decide whether or not to accept any application. 

3.3 We will be responsible for determining the manner in which the services are to be provided. For example, we may subcontract other suppliers to provide part of any service. 

3.4 All services are subject to our Fair Use Policy. 

3.5 All connections and plans are for single dwelling only unless otherwise specified. Any connection to other buildings is seen as a new installation and applicable charges apply. 

3.6 Connection speeds are subject to environmental factors such as location, line-of-sight, noise/interference, environment and network capacity. 

3.7 All plans are unlimited unless otherwise advertised, but may have restricted upload/download speeds. 

3.8 Actual speeds will be affected by various factors including NZ and overseas networks, your modem, computer technology and the usage of others. 

3.9 1GB is calculated as 1024MB. 

3.10 Any unused data on a plan within a monthly period will not be carried forward. 

3.11 All equipment, unless paid for by you and including routers supplied free of charge, remain the property of Yrless. 

Service Availability 

3.12 We will use all reasonable efforts to provide our service to you on a 24/7 basis but we do not guarantee that the supply of our services will be continuous or fault-free. It is possible that on occasion our service may be unavailable (e.g., to permit maintenance or other development activity to take place, or in the event of an issue with underlying third party telecommunications infrastructure or due to a Force Majeure Event). 

3.13 We will use reasonable efforts to inform you in advance of any unavailability. 

3.14 You acknowledge that our network relies on underlying telecommunications infrastructure owned by various third parties (including Chorus, network providers, and other suppliers) and there will be disruptions, outages or faults with that infrastructure from time to time which will affect our service to you. To the maximum extent permitted by law, we exclude all responsibility and liability for that underlying infrastructure. 

3.15 You acknowledge that our service may link to third party websites or feeds that are connected or relevant to our service. Any link from our service does not imply our endorsement, approval or recommendation of, or responsibility for, those websites or feeds or their content or operators. To the maximum extent permitted by law, we exclude all responsibility for those websites or feeds. 

Security and Confidentiality 

3.16 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. 

3.17 Our services are not suitable for use in life-supporting devices or other technology with critical support functions. 

3.18 Our services rely on power and will not be available during any power failure. If you use telephone services over our network, you will not be able to make calls (including 111 calls) until power returns. 

3.19 Some services that rely on a phone line (such as home alarms, medical alert devices and fax machines) may not work on our services. Your relevant service providers for these devices will be able to let you know if you need to make other arrangements for continued service. 

4. BECOMING A CUSTOMER 

Making an Application 

4.1 You can apply to become a customer by: 

4.2 If you currently receive internet or telephone services from somebody else, you may need to contact those service providers directly in order to cancel those services. You will still be liable for any fees or charges owing to your other service provider. 

Accepting Your Application 

4.3 We may choose not to accept your application if: 

4.4 If you have a debt owing to us or our agents from a previous account, we may require immediate payment of that debt before accepting you as a customer. 

4.5 We may require you to agree to any other arrangements or extra terms and conditions we consider necessary before accepting you as a customer. 

Right to Cancel 

4.6 Once you have completed your application, you have committed to buying the service and/or any relevant equipment from us. If you have made a mistake, call us within 7 days and we will do our best to resolve any problems. 

4.7 If you choose to cancel your service after purchase, we may charge you early termination charges and other usage charges. If you have received any equipment from us (such as a router) you will need to promptly return it to us, unless you have purchased it. We will send you a courier bag to return the equipment and any accessories. If you do not return it to us within a reasonable time, you will be charged at least the minimum fee.  

5. CHARGES, PAYMENTS, BILLING & REFUNDS 

Pricing and Charges 

5.1 Yrless reserves the right to adjust pricing from time to time in line with the Consumer Pricing Index (CPI). 

5.2 We will charge you for services and any other products we provide to you at the rates set out in our pricing plans or other applicable terms and conditions. Regular fixed charges are payable in advance. Usage-based charges and other fees (such as connection fees) are payable in arrears. 

5.3 You are responsible for all fees and charges associated with your account, including any fees and charges incurred by any other person (whether authorised or unauthorised) who accesses your services. 

5.4 Our fees and charges may change from time to time. We will provide notice of any changes in accordance with clause 16 of these terms. 

5.5 We may pass on fees or charges from regulatory agencies, network providers and other suppliers that relate to the supply of services to you. We may also charge you for any services performed on your premises requested by you or a third-party contractor working on your behalf (for example, a builder, technician or arborist). 

Installation and Repair Charges 

5.6 Installation is payable upon completion unless you've arranged a payment plan. 

5.7 Repairs will incur a travel cost of $1.80 per KM plus labour cost of $110 per hour. 

Invoicing and Payment 

5.8 You'll be invoiced monthly on the 1st of the month for your plan, payment is in arrears of service provided. 

5.9 Unless we agree or tell you otherwise in writing, we will send you an invoice every month. Your invoice will clearly show the due date for payment and will itemise: 

5.10 You must pay all our fees and charges as shown on your invoice in full and by the due date shown on your invoice. You may not deduct or set off any amount from that shown on the invoice. You remain obliged to pay all of our fees and charges, even after you have ceased to be supplied by us or otherwise are no longer our customer. 

5.11 When we receive payment from you, we may use that to pay any overdue amount before paying your current fees and charges. 

Outstanding Accounts 

5.12 Accounts outstanding by 40 days will result in your service being suspended. 

5.13 If you fail to pay any of our fees and charges in full and by the due date, we may register your payment default with a credit reporting agency and/or suspend or terminate your use of any service we provide to you. 

5.14 Unpaid debts may go to a collection agency, affecting your credit and any fees incurred in the collection of overdue accounts will be payable by the debtor. 

5.15 You must pay us or our debt collection agency any costs incurred in recovering all fees and charges you are required to pay under our agreement with you. This includes collection costs, revenue costs, legal fees, administration fees and/or other costs related to late or non-payment. This obligation continues after you have ceased to be supplied by us or otherwise are no longer our customer. 

Problems Paying Your Invoice 

5.16 If you can't pay your invoice in full and by the due date, you need to let us know immediately so we can discuss payment arrangements. If you continue to have problems making payments, we may need you to change to a different payment method. Not paying your invoices may affect your eligibility to receive services or other products from us. 

Payment Arrangements 

5.17 If we have agreed a payment arrangement with you, you must keep to the terms and conditions of that arrangement. If you don't honour that arrangement, we may disconnect any service we provide to you. 

Refunds and Credit Balances 

5.18 If you're a current Yrless customer and have a credit balance on your account, it will automatically go towards paying your future bills. If you have an automatic payment set up, you may need to contact your bank to pause future payments until your credit balance has been used up. 

5.19 Yrless will only refund the credit balance on your account in exceptional circumstances or if you're closing your Yrless account. This is to make sure we meet our regulatory obligations. 

5.20 If your refund is approved, we'll refund the credit to the bank account or credit/debit card your payments originated from. Please note, for any refund requests approved where WINZ have been making payment on your behalf, the refund will be processed back to them. 

5.21 If your request relates to financial hardship, please indicate this for our team to review. 

Late Invoices 

5.22 You must let us know immediately if you do not receive regular invoices from us. You will still be responsible for all fees and charges during the period covered by the late invoice. 

5.23 If you are not responsible for the invoice being late, the amount of time you have to pay will depend on when the invoice is sent: 

5.24 No interest is payable on late invoices. Any amounts you are required to pay will take into account whether you have contributed to the error or could reasonably have been expected to know about it. 

Incorrect Invoices 

5.25 If we have made an error with our invoice (irrespective of the cause) and undercharged you or we have failed to invoice you at all, we will issue or adjust the relevant invoices, and our normal payment terms will apply (subject to adjustment as noted under Late invoices). Any amounts you are required to pay will take into account whether you have contributed to the error or could reasonably have been expected to know about it. 

5.26 If we have made an error with our invoice (irrespective of the cause) and overcharged you, we will promptly credit any overcharged amounts. 

5.27 No interest is payable on any amount that has been overpaid or underpaid. 

Disputed Invoices 

5.28 If you dispute any amount shown on your invoice, you must let us know immediately. You will need to tell us the amount in dispute and why you are disputing it. We will investigate the disputed amount as quickly as possible. In some circumstances, this may involve seeking information from our network providers or other third parties. 

5.29 When you are disputing part of an invoice, you still need to pay all other amounts not in dispute. We will not disconnect your services if you have not paid amounts that are genuinely in dispute and we are aware of this. However, we may disconnect your supply if you do not pay undisputed amounts. 

GST, Levies and Taxes 

5.30 We will add GST, levies and taxes (at the applicable rates) to our fees and charges. Our fees and charges may be expressed as GST inclusive or GST exclusive. 

6. INSTALLATION 

6.1 We may install equipment and carry out other work at your premises in order to provide you with the services. We and/or our network providers may charge a fee for installation. If we do, we will tell you what it will be beforehand, and you will be able to cancel the services if you do not want to proceed. 

6.2 We can decide not to perform an installation for any reason, including where we consider it uneconomic to connect you, or where we think it would be unsafe to carry out the work at your premises. We can make this decision at any time, including after we have accepted your application and after the technician has visited your home. 

6.3 Installations will take place Monday-Friday (except public holidays). If a visit is required to your home, we will do our best to arrange a time that is convenient for you. If we install equipment or carry out work at your home, 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. You will need to stay at the premises until the work is finished, or you can arrange for someone who is over 18 and able to make decisions on your behalf to stay for you. 

6.4 If necessary, you must obtain any necessary consents to enable our access. If you do not own the property you will need to confirm that the landlord has consented to us performing the installation. 

6.5 You are responsible for maintaining the sockets and wiring at your home and for providing suitable environmental conditions for any equipment and the services, including reliable electricity supply with surge protection, if applicable. 

6.6 We may charge you a cancellation fee if you are not home at the time arranged for your installation or if you decide to cancel your order, through no fault of us or the installer, after we have accepted your order and arranged an installation date. You will not be charged a cancellation fee if you cancel the installation because we or a network provider advises you that installation fees or charges are payable and you decide not to proceed with the installation. 

6.7 If we send a technician to your house and no one is home they will leave a contact card. If you have not responded to this within 2 business days the installation will be closed and a callout fee may be charged. 

7. EQUIPMENT 

7.1 We may install equipment at your house, or provide you with equipment to help you connect to the network. Where we do, you must not interfere with that equipment, or allow anyone to work on it who hasn't been authorized by us to do so. 

7.2 You are responsible for any equipment on your property, and must pay for it to be repaired or replaced if it is ever lost, stolen, or damaged. We recommend that you have appropriate insurance in place to cover this risk. 

7.3 If you provide any of your own equipment (for example, your own modem, or equipment to use telephone services), you are responsible for ensuring that it is compatible with our services and that it does not interfere with our equipment or the network. We will not be able to help you if this equipment is faulty or if it is not compatible with our services. 

7.4 You are responsible for ensuring that your internet enabled devices (for example, laptops, TVs, PCs, etc) are functioning properly and are compatible with the services. 

Modems 

7.5 You will need a suitable modem to use our internet service. You can purchase or rent a modem from us, or you can use your own. When we supply you with one of our modems: 

7.6 If you use the modem we provide, then our support team can help with any problems you might have with it and the modem will be covered by applicable warranties in the Consumer Guarantees Act 1993. If you use your own modem, we cannot guarantee that it will be compatible with our services, or that it will remain compatible, and our support team will not be able to help with any issues you have with it. 

7.7 We and our network providers reserve the right to occasionally manage your modem to ensure a high level of security within any network. This may include such tasks as updating router firmware, updating DNS settings and updating or changing general settings. 

8. MOVING HOUSE 

8.1 When you move, you will need to stop all services at your original home to avoid unwanted charges. If you want to transfer your services to your new house then in some cases you may be required to pay a transfer fee to cover the cost of installing the services at your new house. 

8.2 If you are using the modem we have provided you will need to take this modem with you to your new house. 

8.3 If you are on a fixed term contract then you must transfer your services to your new house and transfer fees may apply. If you don't, then you may be required to pay an early termination fee. This does not apply if you ask us to supply services at your new premises and we are not able to. 

8.4 If you change your address or phone line, give us at least 15 business days' notice and we will use our reasonable efforts to have you connected at the time you request. If you give us less than 15 business days' notice, we will endeavour to connect you at the time of your request, but it may not be possible. Depending on where you move to, we may not be able to provide you with the same services. 

8.5 These timeframes will not apply: 

9. SUSPENDING OR RESTRICTING SERVICES 

9.1 We or our network providers can suspend, modify, or restrict your services at any time if: 

9.2 We or our network providers may suspend or restrict your use of the services or disconnect you from the network without warning if a network needs urgent maintenance or upgrading, or if we suspect your account has been compromised. 

9.3 Where our service to you relies on a network provider or other third party providing services to us, then we may need to terminate your service if the network provider or other third party is unable or unwilling to provide a continued service to us. Where this occurs we will provide as much notice as we are reasonably able. 

9.4 We reserve the right to cancel your connection at any time, any money owing by you will be required to be paid in full up to and including the month of cancellation. 

10. YOUR OBLIGATIONS WHEN USING THE SERVICES 

10.1 You must: 

10.2 You are also responsible for making sure that anybody else who you allow to use the services acts in accordance with these terms and conditions as well. 

10.3 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. 

10.4 You must not: 

Passwords 

10.5 You are responsible for keeping safe any passwords you have for accessing your account. You are responsible for anything someone does while using your account number and password, so you should ensure that you only share your password with authorised people on your account. 

Copyright and Law Enforcement 

10.6 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. 

We are required under government acts to allow the police and other legal entities to monitor user data. GCSB TICSA 

11. INTERNET SERVICES 

11.1 This clause applies if we provide internet services to you. 

11.2 You must abide by the terms of the Yrless or local fibre company's or other network provider's end user terms, which will apply to you as the end user of internet services. The applicable terms will depend on which area you live in. More information is available at www.crownfibre.govt.nz/crown-partners/. 

11.3 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. 

Speeds 

11.4 Our plan speeds represent the theoretic maximum speeds at which you are able to send data to or receive data from the network. Actual speeds you experience depend on many different factors such as network providers' delivery of data to or from the network, your phone line quality, your equipment, number of users accessing the services in your home 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. 

13. TERM AND TERMINATION 

13.1 Where you wish to terminate a service you must do so by: 

Early Disconnection Fees 

13.2 Early disconnection fees of 'full term payments' apply to all contracts. 

13.3 Our open contracts have no disconnection fee. 

Fixed Contract Terms 

13.4 If your plan has a fixed contract term or you have agreed to use a service for a fixed contract term, then you must do so. You will be liable for any applicable early termination charges if you cancel within the fixed contract term, change to another plan or sign up for a new fixed term before your current term has ended. Regardless, 30 days termination is required. 

13.5 Entitlements under a fixed contract cannot be redeemed or transferred to any other person. 

Month-to-Month 

13.6 For services where there is no fixed contract term, or where the fixed term has expired, either of us can terminate that service on giving the other 30 days' prior notice. 

Termination by Yrless 

13.7 We can terminate the provision of any service to you at any time if: 

13.8 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 which may also include charges to the end of your billing period. 

14. FAULTS AND CALL-OUT SERVICES 

14.1 We will try to resolve any fault that you report to us as quickly as possible. If we send a technician to your house and no fault is found, or the fault is with equipment in your home, there may be a minimum charge (such charge may vary from time-to-time, so please call us for up-to-date prices). 

14.2 If we send a technician to your house and no one is home they will leave a contact card. If you have not responded to this within 2 business days the fault will be closed and a callout fee may be charged. 

14.3 We cannot guarantee a reliable service for the customer if: 

14.4 You are responsible for maintaining clear line-of-sight for Wireless and FWA services. If we send a technician to your premises and the fault is caused by environmental factors beyond our control (including but not limited to tree growth, vegetation, new structures or obstructions that have developed since installation), this will not be considered a fault with our service or equipment. In such cases, you will be charged for the technician's visit in accordance with our standard callout and labour rates as set out in clause 5.7. You may be required to remove or trim vegetation or other obstructions at your own cost to restore service quality. 

15. CONSUMER PROTECTION LAWS AND LIABILITY 

15.1 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. Nothing in these terms and conditions (including this clause 15) limits any rights you may have under the Consumer Guarantees Act 1993 and/or the Fair Trading Act 1986. 

15.2 All warranties and representations (including those expressed or implied by law) in respect of our services are excluded to the extent permitted by law. The provisions in the Consumer Guarantees Act 1993 do not apply to the extent that you are acquiring services from us for the purposes of a business in terms of section 2 and 43 of the Act. 

Our Liability to You 

15.3 We strive to always provide quality services and to exercise reasonable skill and care in performing our obligations to you. 

15.4 We hold no liability for damage to your computers, mobiles, tablets, network gear, or any other equipment or gear you connect our service resulting from connection to our network. 

15.5 We are not liable to you for any special, indirect or consequential damage or loss of any kind under any cause of action arising under or in connection with our services to you. 

15.6 Our liability to you (whether in relation to contract, tort (including negligence)) or otherwise in connection with the provision of its services to you is limited to an amount equal to the value of fees paid by you to us in the month preceding the date of the relevant claim, with a maximum combined obligation to pay damages or losses limited to $2,000 for any one event and a total of $4,000 in respect of all events in any 12 month period. 

15.7 If either party is found liable to the other (whether in contract, tort or otherwise), and the claiming party and/or a third party has contributed to the loss or damage, the liable party shall only be liable to proportional extent of its own contribution. 

15.8 We accept our liability to you for breach of contract or negligence and for breach of 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. 

15.9 No legal proceedings may be commenced later than 12 months after the date that you became aware or ought reasonably to have become aware of the act or omission on which the claim is based. 

Third Party Network Liability 

15.10 You acknowledge that no network provider or third party whose network or telecommunications services we use to supply services to you (nor any officer, employee, contractor or agent of any such third party) is in any way liable to you in connection with any fault or defect in that network or those telecommunications services that affects our services. This clause is intended to confer a benefit which those third parties can enforce. This clause does not affect any rights or remedies available to you under the Consumer Guarantees Act 1993 or Fair Trading Act 1986. 

Your Liability to Us 

15.11 You accept your liability to us for your breach of your 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. 

15.12 Your liability to us under this clause is limited to $2,000 for any one event and a total of $4,000 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 

15.13 If you suffer any loss as a result of your agreement with us, 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. Also, we will never be liable to you for any indirect or consequential loss, or for any loss of profits, revenue, goodwill or business. 

16. FORCE MAJEURE 

16.1 We are not responsible for service failure due to things outside our control (Force Majeure Events), such as: 

16.2 Affected parties must: 

16.3 If we are prevented from providing services to you due to a Force Majeure Event, our obligations to you will be suspended in relation to the affected services and we are not liable to you in those circumstances. We will try to let you know about it as soon as we reasonably can. 

17. INFORMATION AND PRIVACY 

Information We Need From You 

17.1 We need some information from you so we can supply you with services. You need to make sure that any information you give us is correct and that you let us know if anything changes. 

17.2 You have the right to request or update the information we hold about you. 

Information We Need From Third Parties 

17.3 For the purposes listed below, we may obtain information about you from any third parties before you become our customer and at any point while you are our customer. This may include credit checking or reporting agencies and government agencies. 

Storing Your Personal Information 

17.4 We will keep your information secure and, for individuals, will hold your personal information in accordance with the Privacy Act 2020. 

17.5 In accordance with the Privacy Act 2020 your creditworthiness may be accessed. 

17.6 Your personal information is never shared unless required by law. 

Using Your Information 

17.7 You authorise us to use, disclose and match any information about you and your services, and your use of those services, for the following purposes, including: 

17.8 In addition, there may be occasions where we disclose your information in other ways that are in accordance with the Privacy Act 2020. 

Communications We Have With You 

17.9 We may record any communications we have with you, your authorized person or alternate contact in order to: 

17.10 We may also use recordings to train our employees and authorized agents and/or to monitor the level of service they are providing. 

20.2 We will try to resolve your complaint straight away and will acknowledge your complaint within 2 business days of receiving it. If we can't resolve it straight away, we will give you a response within 7 business days. If it is complex or involves other parties (including network providers), we will investigate on your behalf. In some cases, we may refer you or your complaint to a network provider or other third party. We will let you know if we do this. 

20.3 You must continue to pay any undisputed amounts to us while we are considering your complaint. 

21. CONTACTING YOU 

21.1 We may send any notice or invoice to you by: 

21.2 We will assume that our notice or invoice has been received by you: 

21.3 You need to let us know if any of your contact details change. 

22. CHANGES TO OUR AGREEMENT 

Beneficial/Neutral Changes 

22.1 We can make changes to these terms and conditions, our fees and charges, our plan documents and any other part of our agreement if those changes will benefit you, or will not be detrimental to you, at any time without giving you notice. 

All Changes 

22.2 We can also make changes (including changes that would be detrimental to you, such as increasing the price) to these terms and conditions, our fees and charges (other than international calling rates), our plan documents and any other part of our agreement by giving you at least 30 days' notice by at least one of the following methods: 

22.3 We can make changes to international calling rates payable by you by publishing updated calling rates on our website and giving you 5 days' notice of the changes. 

Detrimental Changes 

22.4 If you are on a fixed contract term and we increase the price for the services you use, or if we make any change that negatively affects your use of our services, then you will be allowed to cancel your fixed contract without paying any early termination fees. If you are not on a fixed term, then you will be given the chance to terminate your agreement with us before any such changes take effect. 

22.5 These terms and conditions may be reviewed from time to time and change without notice. 

23. WEBSITE AND INTELLECTUAL PROPERTY 

23.1 We retain all intellectual property/copyright in the website and all media, data, information, documents, drawings or deliverables prepared by us. You are entitled to use them only for the purpose for which they are intended and only if you have paid all fees owing to us. 

24. GENERAL 

Assignment and Transfer 

24.1 You can't transfer your service without Yrless approval. 

24.2 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. 

Delay 

24.3 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.