These terms apply to all services provided by Yrless Limited

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:

  • Email: support@yrless.net.nz
  • Phone: 0508 975 377
  • Address: Yrless Limited, 43 Mersey Street Gore 9710

2. WHAT TO KNOW AT A GLANCE

FIBRE

  • Fibre plans are available with two contract options:
    • 24 Month Contract – receive a FREE router
    • 0 Month Contract – you will need to purchase a router from Yrless at a cost of to be determined at time of your enquiry.
  • You may bring your own router, but support is limited. Please note that some routers or modems may not work on the Yrless network, it is not our responsibility to make them work.
  • All fibre plans are unlimited but subject to our Fair Use Policy. Yrless does not need to contact you to invoke our Fair Use Policy.
  • A standard fibre connection involves connecting to the ONT supplied by Chorus Yrless activating the connection on your behalf.
  • When off-boarding from a Yrless plan, if you received a FREE router with your connection then you must return it at your own cost to Yrless. If the router is not returned within 7 working days from RFS Disconnect, you will be billed a minimum charge of $ 350.00 plus GST. Additionally, if Chorus applies a disconnect charge you agree to pay this charge.

WIFI

  • Wireless plans are available on a month to month or 24-month contract.
  • Wireless is only available in specific geographical locations as notified by Yrless from time to time.
  • We offer free site surveys for all Wireless products.
  • Installation fees apply to ALL our Wireless plans.
  • A standard Wireless installation involves a dish and stay on your house roof, up to 15m of cable and a minimum of 2 hours of labour, along with travel costs.
  • Physical installs are subject to weather conditions and installer availability.
  • There are various speed plans on offer, however all Wireless plans are unlimited data but subject to our Fair Use Policy.
  • You are charged for the router or modem, it does not form part of the installation.

FWA (FIXED WIRELESS ACCESS)

  • FWA plans are available on 12 month contract.
  • FWA is only available in specific geographical locations with adequate network coverage.
  • We offer free site online-surveys for all FWA applications.
  • Installation fees apply to our FWA plans.
  • A standard FWA installation involves external antenna equipment, up to 15m of cable and a minimum of 2 hours of labour, along with travel costs.
  • Physical installs are subject to weather conditions and installer availability.
  • FWA plans are either limited to GB usage or unlimited subject to our Fair Use Policy.
  • Connection speeds are subject to network capacity, signal strength, location, line-of-sight, and environmental factors.
  • You are charged for the router or modem, it does not form part of the installation.

ADSL & VDSL

  • ADSL & VDSL are 'naked' meaning they don't need a phone service on the line but do require a phone line for installation.
  • ADSL & VDSL services involve a router within your house that connects to the copper phone line. Routers cost $253 plus GST from Yrless. You may bring your own router but support in this instance is limited and not all routers are compatible.
  • Any service provided across copper lines is on a best endeavours basis.
  • Chorus will no longer be supporting copper phone lines from 2030.

RBI

  • A standard RBI install involves an RBI router inside your house that broadcasts WiFi inside your home.

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 at our sole discretion.

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 Advertised connection speeds are subject to environmental factors such as location, line-of-sight, noise/interference, environmental factors, network capacity and any network provider infrastructure limitations.

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 Unless paid for by you, all equipment supplied by Yrless(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 and capacity limitations 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 and the performance of that underlying infrastructure.

3.15 Through the use of web services and APIs, our service  may interoperate with a range of third party service features. We do not make any warranty or representation on the availability of those third party service features.  Without limiting the previous sentence, if a third party feature provider ceases to provide their feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you.  To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation. To the maximum extent permitted by law, we exclude all responsibility for those third party service features.

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:

  • Completing a customer application online; or
  • Communicating with us or an authorised agent working on our behalf.

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:

  • You fail to meet our payment, credit or other criteria (for example, not providing us with the information we need to set up your account);
  • You fail to meet our product eligibility rules;
  • You or someone occupying your premises has a debt owing to us or our agents from a previous account; or
  • We determine that we cannot provide services to your location.

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 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.

5.2 We reserve the right to review and adjust our pricing from time to time whether in line with the Consumer Pricing Index (CPI) or otherwise at our sole discretion. If we do adjust our pricing, we will provide you with at least 30 days advance notice of any changes.  

5.3 If you not wish to pay any increased prices notified under clause 5.2 then you may terminate the relevant service by notice provided the notice is received by us before the effective date of the price increase.  If you do not terminate the service in accordance with this clause, you are deemed to have accepted the increased price.

5.4 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.

5.5 We may pass on fees or charges from regulatory agencies, network providers and other suppliers that relate to the supply of services to you and your premises. 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 plus GST per hour subject to review and adjustment in accordance with this clause 5.

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:

  • The quantity and cost of services supplied or estimated to be supplied;
  • The period each charge relates to;
  • Any fees and charges (the amounts payable may be rounded);
  • Any taxes and levies;
  • Any charges for other products or services you have asked us to provide; and
  • Any penalties or other charges additional to our usual fees.

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 60 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.

We  may charge interest on overdue amounts.  Interest will be calculated from the due date to the date of payment (both inclusive) at an annual percentage rate equal to the corporate overdraft reference rate (monthly charging cycle) applied by our primary trading bank as at the due date plus 2% per annum.

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.

Disputed Invoices

5.22 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.

5.23 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

5.24 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 authorised 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:

  • We may supply you with a modem that has been refurbished. The make and model may vary depending on available stock. Prior to delivery to you, we will ensure the modem is tested to be of acceptable quality and has been reset to factory default;
  • Ownership of rental modems supplied remains with us. Rental modems must be returned to us, or our nominated third party when you cease using our broadband service. We will provide you with a courier return bag; and
  • Payment for a modem purchased from us will transfer ownership to you and it will become your responsibility when you receive it.

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 unless  you acquiring services from us for the purposes of a business in terms of section 2 and 43 of that Act. 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:

  • If the new address has not had internet and telephone services sometime in the previous month;
  • If a technician is required at the house and you are not available to grant access; or
  • To fibre plans.

9. SUSPENDING OR RESTRICTING SERVICES

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

  • Required or instructed to do so by a governmental authority;
  • We consider it reasonably necessary to protect or maintain a network;
  • Continued use could endanger the safety or health of any person or cause damage to any property;
  • Your connection is causing an adverse impact on the network; or
  • We believe that you have breached any of these terms and conditions, including our Fair Use Policy. We will always do our best to contact you before this happens, but may not be able to do so in all circumstances.

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:

  • Not use our services in a way which:
    • Breaks any laws;
    • Breaches your agreement with us;
    • Infringes anyone's rights; or
    • Is malicious, obscene or offensive.
  • Not resell or make available any services to another  unless you have our prior written consent;
  • Only use the services for residential or private use and not for business or commercial purposes (unless you have a business plan with us);
  • Use our services in a reasonable and responsible manner;
  • Comply with any reasonable restrictions we, or our network provider, impose(s) regarding the use of our services;
  • Comply with any reasonable directions we, or our network provider, give(s) regarding the use of our services;
  • Ensure that all information you give us is correct and, where any information you have supplied to us changes (such as contact details), provide us with updated information as soon as possible;
  • Agree that we can act on any verbal instructions you give us in relation to the services;
  • Comply with the Fair Use Policy, and understand that we and/or our network providers may enforce the Fair Use Policy where either of us reasonably believe, acting in good faith, that your usage of the services is excessive and/or unreasonable as detailed in the Fair Use Policy;
  • Use the network legally and responsibly;
  • Not tamper with, damage or remove Yrless equipment, our network or 3rd party networks and computers on the internet, or use the network for nefarious or illegal purposes; and
  • Pay invoices on time unless prior agreement has been made with Yrless

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:

  • Bring our brand, or the brand of the network provider or any third party whose services we use to supply services to you, into disrepute.
  • Use our intellectual property rights, or the intellectual property rights of the network provider or any third party whose services we use to supply services to you, without prior written consent.

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 You acknowledge that we may be required to disclose your data to lawful authorities in compliance with applicable laws and regulations, including but not limited to the New Zealand Police, the Government Communications Security Bureau (GCSB), and other legal entities, for the purposes of monitoring, investigation, or enforcement of the law including but not limited to the Government Communications Security Bureau Act 2003 and the Telecommunications (Interception Capability and Security) Act 2013.

10.7 Without limiting clause 10.6, you also acknowledge that 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.

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. Without limiting clause 3.6, actual speeds you experience depend on many different factors such as network providers' infrastructure capacity limitations 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.

11.5 If you are on an uncapped or unlimited plan, the total amount of data you can upload or download is unlimited. We and/or the network providers may use traffic prioritisation policies for these plans to protect the 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. Connections to servers outside our network providers' networks 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.

12. TELEPHONE SERVICES

12.1 This clause applies if we provide telephone services to you.

12.2 Our telephone services are provided over the internet, and so we cannot guarantee that they will always be available. If your internet is not currently connected or there is a fault with the network then your telephone services will not work.

12.3 Equipment to make voice calls is not provided as part of our services. If you want to use telephone services you will need to acquire your own equipment, which we can provide through a formalised quotation process.

Charges

12.4 There is a minimum one-minute charge for all calls. Charges for calls lasting longer than one minute are charged by the second after the first 60 seconds.

12.5 Calls to international numbers and numbers outside your local area will be charged at the rate published on our website from time to time, which may change from time-to-time. Calls to 0900 numbers, premium service calls and any value added services will be charged at the rate published by the telecommunications service provider of that number, plus (if applicable) our standard charges for mobile, national or international calls.

12.6 Calls are charged at the rate which is applicable when the call is started.

12.7 From time to time we will offer call bundles for specified call types or locations. Special terms will apply to these bundles, which will clearly state what is included in each bundle and any limitations on usage (for example, maximum call lengths). Usage over and above the amount included in the bundle or calls longer than any permitted maximum will be charged at standard prices.

12.8 Where available, detailed information about calls made to and from your number will be available upon request.

Numbers

12.9 Any phone number we allocate to you does not become your property. If we need to change your number, we will give you as much notice of the change as we can.

12.10 You can port your old telephone number to us by asking us when you apply to be a customer. By asking us to port your old number, you are authorising us to contact your current service provider and to give them any information about you (and your services) necessary to port your number.

12.11 You can port your telephone number to another service provider by contacting that service provider and following their processes. We will comply with our obligations under the 'Terms for Local and Mobile Number Portability' in relation to helping port your number to that other service provider.

12.12 If you wish your details to be available through directory assistance and/or in the White Pages then we will pass your name, number and address to Yellow Pages Group Limited. You agree that Yellow Pages Group Limited can use your details for those purposes.

13. TERM AND TERMINATION

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

Fixed Contract Terms

13.2 If your plan has a fixed contract term or you have agreed to use a service for a fixed contract term and 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 then you must pay out all amounts that would otherwise be payable for the balance of  that fixed term.

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

Month-to-Month

13.4 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

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

  • You have not complied with these terms and conditions, or with any other terms and conditions applicable to your use of the services (including any network provider's terms and conditions that apply to you) and you have not remedied the non-compliance within 10 days of the receipt of a notice from us requiring you to remedy the non-compliance;
  • We reasonably believe that you have supplied incorrect or misleading information to us;
  • You fail to pay any of our fees and charges in full and by the due date;
  • You become insolvent, liquidated or bankrupt, have an administrator, receiver, liquidator, statutory manager, mortgagee’s or chargee’s agent appointed, become subject to any form of insolvency action or external administration;
  • You or anyone who makes use of your service or your equipment (with or without your authorisation) damages our or a network supplier's network or puts our or a network supplier's network at risk;
  • You harass, abuse or threaten our team members; or
  • You no longer meet the eligibility rules for the services.

13.6 We may terminate any service to you at any time by giving at least 3 months’ prior notice to you.

13.7 If your services are terminated by us 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.

13.8 Termination or expiry of the Agreement does not affect either party’s rights and obligations that accrued before that termination or expiry.

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:

  • You are connecting by laptop to our access points;
  • You live in an area with too much interference from other wireless networks, or your internal WIFI signal inteferes with our signal;
  • The wireless signal is higher than –80dBi; or
  • Where environmental influences, such as but not limited to trees, buildings or any other interference that may hinder the signal.

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 Our warranties to you  are limited to those set out in these terms and conditions and all other  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.

15.3 Where legislation or rule of law implies into these terms and conditions a condition or warranty that cannot be excluded or modified by contract, the condition or warranty is deemed to be included in these terms and conditions.  However, our liability of the for any breach of that condition or warranty is limited, a our option, to:

  • supplying the services again; and/or
  • paying the costs of having the services supplied again.

Our Liability 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 loss of profit, revenue, savings, business, use, data, and/or goodwill  or consequential, indirect, incidental or special damage or loss of any kind arising under or in connection with our services to you.

15.6 The maximum aggregate liability of Yrless and its personnel under or in connection with these terms and conditions or the services, whether in contract, tort (including negligence), breach of statutory duty 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 Yrless 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 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

15.9 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.

Minimise Your Loss

15.10 If you suffer any loss because of your agreement with us, you must take reasonable steps to avoid or minimise your loss.

16. FORCE MAJEURE

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

  • Natural disasters;
  • Acts of God;
  • Pandemics;
  • Power/communication failures;
  • Labour disputes, riots, strikes or acts of war; or
  • Any other circumstance beyond our reasonable control.

 

 

16.2 Affected parties must:

  • Notify the other party as soon as practicable after the Force Majeure event occurs and provide full information concerning the event including an estimate of the time likely to be required to overcome it;
  • Use their best endeavours to overcome the Force Majeure event; and
  • Continue to perform their obligations as far as practicable

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 our privacy policy published on our website from time to time and 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:

  • For any purpose authorised by you, including communicating with authorised persons and alternate contacts;
  • To confirm your identity;
  • To supply internet and telephone services and any other products or services you have asked for (e.g., third party technicians);
  • To administer your account (including invoicing you, sending notices or communicating with you);
  • To help improve our customer service, including monitoring and following up questions and complaints;
  • To help develop and/or improve products and services;
  • To inform or contact you about our products, brands, special offers, publications and other promotions we think you may be interested in (including via email or other electronic communications);
  • To conduct market research, including to disclose to a market research organisation for the purpose of contacting you or conducting market research on our behalf;
  • To meet the requirements of these terms and conditions, the law, industry rules and codes of practice;
  • To meet the requirements of our upstream suppliers;
  • To disclose to our related companies, as defined in the Companies Act 1993;
  • For credit checking, credit reporting or debt collection, which may involve disclosure to a credit reporting agency. This information may be used by the credit reporting agency to update and maintain credit information files and may, in turn, be accessed by its customers;
  • To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution and punishment of offences;
  • To verify your credit and payment history with your previous internet or telephone supplier;
  • To disclose to a network provider for the purpose of installing, maintaining or operating the network or communicating with you;
  • To disclose to the Commerce Commission, or any other government agency or regulatory body, industry body or relevant industry complaints scheme; and
  • To other third parties (for anonymised statistical information).

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 authorised person or alternate contact in order to:

  • Maintain accurate records of our dealings with you;
  • Confirm our contractual commitments to each other, and
  • Help resolve any disputes between us.

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

18. NETWORK MANAGEMENT

18.1 We will provide you, the customer, with broadband internet as a basic service.

18.2 We will only provide add-on services to the basic service at your request and at an agreed price.

18.3 We may shape/manage/scan data on your connection.

18.4 We may change your plan to accommodate the data you are using.

19. FAIR USE POLICY

19.1 We operate a Fair Use Policy for all our plans.

19.2 We reserve the right to monitor data download and upload from your connection.

19.3 If in our reasonable opinion your usage is excessive or unreasonable, we reserve the right to request that you and other users on your connection, reduce your usage, and in the event of continued excessive and/or unreasonable use we reserve the right to migrate you to an alternative plan for the duration of your contract.

19.4 Unlimited plans are for single dwellings only – they cannot be shared with other houses, even on the same property/title.

19.5 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 and/or our network providers may monitor usage patterns. If your usage of our services (a) materially exceeds estimated use patterns over any week or month, (b) 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 (c) 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 or a network provider may contact you to advise you that your usage is in breach of our Fair Use Policy.

19.6 We or a network provider 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 or a network provider 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.

19.7 We may publish on our 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 the network).

20. COMPLAINTS

20.1 If you have a complaint about our supply of internet or telephone services to you or any other service we provide, please contact our free internal complaints service in the first instance.

Email: support@yrless.net.nz

Phone: 0508 975 377

Post: Yrless Limited,43 Mersey Street Gore 9710

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. PERSONAL PROPERTY SECURITIES ACT 1999 (PPSA)

21.1 You acknowledge and agree that these terms and conditions constitute a security agreement for the purposes of the PPSA and a security interest is taken in all goods supplied by us to you until those goods are paid for.

21.2 You agree, from time to time, to take any action and execute and deliver any document (including, without limitation, financing statements to be registered on the Personal Property Securities Register) reasonably requested by us to transfer, create, perfect, preserve, protect and enforce our security interest.

21.3 You agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.

21.4 You waive your rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA and you waive your right to receive a verification statement in accordance with section 148 of the PPSA.

22. CONTACTING YOU

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

  • Delivering to your address;
  • Mailing to the latest postal address you have given us;
  • Emailing to the latest email address you supplied to us; or
  • Delivering via any other electronic means.

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

  • On the day of delivery, if delivered to your address;
  • 3 days after being posted to you; or
  • At the time an email was transmitted by us to your email address.

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

 

 

 

 

23. CHANGES TO OUR AGREEMENT

Beneficial/Neutral Changes

23.1 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

23.2 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:

  • Advertising in your local daily newspaper;
  • Putting a notice on our website;
  • Sending you a letter or email;
  • Including a statement in a customer newsletter;
  • Notifying you by other electronic means;
  • Including a statement on your invoice; or
  • A combination of the above.

23.3 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

23.4 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.

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

 

 

24. WEBSITE AND INTELLECTUAL PROPERTY

24.1 We retain all intellectual property rights in relation to the services including our  website and all media, data, information, documents, drawings or deliverables (including as those existing intellectual property rights may be modified, enhanced or developed as a result of the services). 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.

25. GENERAL

Assignment and Transfer

25.1 You must not assign, novate, subcontract or transfer your rights and obligations under these terms  and conditions without our prior written approval (which we may withhold in our sole discretion).

25.2 We may assign novate, subcontract or transfer our rights and obligations under these terms  and conditions at any time without your consent. We will notify you if we do so.

Delay

25.3 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.

Third Parties

25.4 Any benefits expressly conferred on any third parties named or referred to in these Terms (our personnel) are intended to be enforceable by those third parties for the purposes of section 12 of the Contract and Commercial Law Act 2017.

Applicable Law

25.5 These terms and conditions are governed by New Zealand law.

Severability

25.6 Headings are for reference only and do not affect the interpretation of these terms and conditions. If any clause of these terms and conditions is ruled invalid in court, it will not affect the rest of our agreement with you, and all other terms and conditions will remain in full force and effect.

26. DEFINITIONS

26.1 What some of the words used in this document mean:

'ADSL' means Asymmetric Digital Subscriber Line, a technology for transmitting digital information over copper telephone lines.

'business day' means any day not including a Saturday or Sunday or any public holiday.

'Chorus' means Chorus New Zealand Limited and any successor or assignee.

'equipment' means any hardware, software or other infrastructure used in connection with a service.

'Fair Use Policy' means our fair use policy as set out in clause 19 of these terms and conditions, and as amended from time to time.

'Fibre' means fibre optic broadband internet services.

'Force Majeure Event' means an act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo, natural disaster, pandemic, power or communication failure, labour dispute, act of war or any other circumstance beyond our reasonable control.

'FWA' means Fixed Wireless Access, a technology for providing internet services via wireless radio links.

‘intellectual property rights’ includes copyright and all present and future intellectual property rights as may exist anywhere in the world, whether conferred by statute, at common law or in equity, and whether or not registered or capable of registration;

'internet services' means services that provide internet access and email and other services provided in conjunction with internet access.

'modem' or 'router' means the device that connects your premises to our network to enable you to access our services.

'network' means the telecommunications system used to provide the services to you and other customers.

'network provider' means Chorus New Zealand Limited, and any third party with whom we have an arrangement to provide or resell services, including but not limited to local fibre companies, wireless network operators, and other telecommunications infrastructure providers.

'ONT' means Optical Network Terminal, the device installed at your premises to connect fibre optic services.

‘personnel’ includes directors, officers, employees, contractors and agents.

'plan' means one of the different levels (by reference to such factors as we decide, for example mode, price, speed, volumes of data, regional or other availability and minimum term) of services offered by us. These may change from time to time.

'plan document' means any document published by us describing the characteristics of any plan. These may change from time to time.

'pricing plan' means the relevant pricing plan(s) for services that applies to you, as published or advised by us. These may change from time to time.

'RBI' means Rural Broadband Initiative, a government-funded program to provide broadband services to rural areas.

'regular fixed charge' means a charge that is fixed, and is not calculated by reference to volumes of data transferred or stored, or time online, or other variable factors. Examples include monthly payments for internet access, and monthly charges for call bundles.

'residential customer' means a natural person who acquires internet services or telephone services for personal, household or domestic use.

'services' means the internet services (including Fibre, WiFi, FWA, ADSL, VDSL, and RBI) and telephone services (if any) specified in each plan document and such other internet and telephone services as Yrless agrees to supply. References to services include the sale of equipment.

'telephone services' means services that allow customers to make and receive voice calls over the internet, and any associated services (such as voice mail and call waiting).

'VDSL' means Very High Speed Digital Subscriber Line, an enhanced version of ADSL technology for transmitting digital information over copper telephone lines.

'we', 'us', 'our' and 'Yrless' refer to Yrless Limited and any subsidiary company, and includes their officers, employees, contractors, agents, successors and assignees.

'Wireless' means wireless internet services provided via fixed wireless technology using radio frequencies.

'you' and 'your' refer to you, our customer.

26.2 Headings are for reference only and do not affect the interpretation of these terms and conditions. If any clause of these terms and conditions is ruled invalid in court, it will not affect the rest of our agreement with you, and all other terms and conditions will remain in full force and effect.

 

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