Customer terms & service terms

It's important you familiarise yourself fully with our terms. There will be a test later. Just kidding (about the test part, the terms are very important!)

1. Customer terms

2. Service terms

Customer terms

1. Our agreement

1. If you have a Skinny Prepaid connection that operates on our Network then you will need to read the terms and conditions set out below (the “Skinny Prepaid Agreement” or “agreement”) which govern our contractual relationship with you for the provision of Skinny Prepaid Services on our Network.

2. This agreement applies from 1 December 2011.

3. We may amend this agreement from time to time. The latest version of the agreement is published on the Skinny Website. Please check the Skinny Website regularly for updates.

4. You will also be bound by the specific terms and conditions published on the Skinny Website relating to your Prepaid Plan and any specific terms and conditions relating to the Services you use, like mobile data services. If there is any conflict or inconsistency between:

• (a) the terms and conditions set out in this agreement; and
• (b) the terms and conditions relating to your Prepaid Plan or the specific terms and conditions relating to the Services you use, then the terms and conditions referred to in paragraph (b) will prevail.

2. Interpretation

This agreement contains various words and expressions that have defined meanings. These defined words and expressions have the meanings set out below:

• "Additional Services" means optional services offered by us in connection with the Skinny Prepaid Services (such as data, SMS, Roaming, and Video Calling) which may incur a fixed recurring Charge and/or other standard or casual Charges. You can find more information about these services, including which ones are available to you and the Charges for using them, on the Skinny Website
• "Charges" means charges for access to and use of the Services
• "Content" means information, images and sounds, communications, software, application or any other material made available through the Services and includes wireless data and internet content
• "Fair Use Policy" means a fair use policy as referred to in clause 4.8, as amended from time to time
• "LMNP Terms" means the Terms for Local and Mobile Number Portability in New Zealand, as amended from time to time
• "Mobile Phone" means the mobile phone or other telecommunications device (which incorporates a SIM) which operates on our Network and is used by you to access the Services
• "Mobile Service Provider" means a provider of mobile telecommunication services
• "Network" means the telecommunications system owned by us and/or any of any Related Company which we use to provide the Services to you and other customers, including our WCDMA network
• "PIN" means a personal identification number which is necessary for protection from non-sanctioned access to your SIM
• "Port" or "Porting" means the process of transferring your mobile phone number from one Mobile Service Provider to another Mobile Service Provider
• "Prepaid Plan" means the relevant Skinny Prepaid Service pricing plan you choose from time to time
• "PUK1 Code" means a personal unblocking key code which can unblock your SIM
• "Roaming" means an Additional Service that allows you to use your Mobile Phone in countries other than New Zealand
• "Services" means the mobile telecommunication services offered by us to you under this agreement, including the Additional Services, and anything else we do or provide in connection with those mobile telecommunication services, which may or may not incur a Charge
• "SIM" means any subscriber identity module (SIM) that we may have provided to you which enables you, when used with a Mobile Phone, to access the Services on our Network
• "SMS" means a short message service, which is a form of text messaging on Mobile Phones
• "Related Company" means Telecom Corporation of New Zealand Limited or any company which is a direct or indirect subsidiary of Telecom Corporation of New Zealand Limited, or who would otherwise be deemed to be a ‘related company’ of Telecom Corporation of New Zealand Limited in accordance with section 2 of the Companies Act 1993;
• "Skinny Customer Services" means Skinny Customer Services, which is contactable on 0800 475 4669 (0800 4SKINNY), or on 204 from your Skinny Mobile Phone, or by using such other contact details which are updated by us on the Skinny Website
• “Skinny Mobile Menu” means the menu that is accessed by dialling *888# on your Skinny Mobile Phone
• "Skinny Prepaid Account" means the account which records details of the amount of credits you have available from time to time
• "Skinny Prepaid Services" means voice, SMS, data and any other Services provided by us where you pay the Charges in advance by purchasing credit before using the Services
• "Skinny Website" means our website at www.Skinny.co.nz or such other website that we notify you of from time to time
• "we", "our" or "us" means Skinny, a division of Telecom New Zealand Limited, trading under the brand “Skinny”
• "you" or "your" means the customer who is party to this agreement

3. Commencement of agreement

This agreement starts when you are first allocated a Skinny mobile phone number to use with your Skinny Prepaid Account or when you first credit your Skinny Prepaid Account or when you first use the Services, whichever happens first.

4. Provision of Services

1. Skinny Prepaid Services allow you to make and receive most local, national and international calls (when within our Network coverage area) using a Mobile Phone, and access a range of other Services. You will need a Skinny SIM and a compatible Mobile Phone to be able to connect to our Network and use the Services

2. We will try our best to provide quality Services to you at all times. But, because of the nature of mobile telecommunications, at times our ability to do so will be affected by factors outside of our control including, but not limited to, geographic conditions and physical obstructions, weather conditions, the number of people trying to use our Network at the same time or faults in our Network or other networks used by us to provide the Services to you. We cannot guarantee continuous or fault-free Services

3. The quality, speed and coverage of the Services also depends partly on your Mobile Phone, partly on our Network and partly on other telecommunications networks

4. The Services may also be unavailable at times due to maintenance, repairs, upgrades or modifications to our Network or other networks used by us to provide the Services to you. Where it is within our control, we will try to keep such unavailability to a minimum

5. Roaming relies on the use of overseas telecommunication networks which we do not control and therefore we cannot guarantee the quality of any Roaming services. Some Services, such as video calling, may not be available while Roaming. The use by you of overseas telecommunication networks will be subject to our available roaming destinations and the terms and conditions of the relevant network operator. Those terms and conditions will apply in addition to the terms and conditions contained in this agreement

6. You agree to:

• comply with all your obligations in this agreement;
• provide us with all information we reasonably request in connection with this agreement and make sure that all information you give to us or to any third party retailer is accurate and complete;
• keep confidential, and do not disclose to any other person, any PIN or other access code feature used by, or allocated to, you in connection with the Services;
• not use your Mobile Phone or the Services in a way that is abusive or offensive or for an illegal, immoral or fraudulent purpose;
• not use your Mobile Phone or the Services in a way that interferes with any other person's use or enjoyment of the Services;
• not use your Mobile Phone or the Services to spam, mail bomb, publish any offensive or unlawful material, harvest information about others, create a false identity, access or upload any Content which breaches a third party right, or any other similar activity;
• use only Mobile Phones and accessories approved for use with our Network and which comply with all relevant legislation and regulations;
• not connect a SIM you have obtained from us to any other telecommunications network, other than as is permitted by the Services we provide for example when you use our roaming services;
• follow the instructions and guidelines (including any Fair Use Policies) we give you about the use of the Services and your Mobile Phone;
• not do anything or introduce anything (including any virus) that may damage or harm our Network or equipment or any third party's network or equipment
• authorise us to conduct a credit check on you from time to time when we consider it appropriate;
• not sell or otherwise make the Services available to others or commercially exploit the Services or any Content in any way;
• never interfere with any part of our Network unless you have been authorised in writing by us to do so;
• authorise us or a person approved by us to remotely access your Mobile Phone in order to perform any tasks that in our opinion are reasonably necessary to maintain, alter or protect the integrity or performance of our Network or our Services or where we have been directed to do so by law;
• pay for the repair or replacement of any Mobile Phone or other equipment you rent from us, or which is loaned to you, which is lost, stolen or damaged;
• return any Mobile Phone or other equipment you rent from us, or which is loaned to you, when you give up or we stop providing the Services relating to that Mobile Phone or other equipment. If you don't return the Mobile Phone or other equipment we will continue to charge you rental for it, or may recover from you the replacement cost of the Mobile Phone, and may also come onto your property and remove our Mobile Phone or other equipment; and
• indemnify us and any Related Company against any legal action taken, or losses or costs we or any Related Company incur, in connection with your use of your Mobile Phone and the Services. The indemnity in this clause shall extend to our officers, employees, contractors and agents and those of any other Related Company

7. You agree to make sure everyone who uses your Mobile Phone or SIM complies with the obligations and responsibilities set out in clause 4.6.

8. Our Services are subject to our Fair Use Policy, whether or not they provide you with a prescribed allowance to use our Services. We may apply our Fair Use Policy where in our reasonable opinion your usage of our Services is excessive and/or unreasonable as detailed in this clause 4.8. We have developed our Fair Use Policy by reference to average customer profiles and estimated customer usage of our Services.

If your usage of our Services

• (a) materially exceeds estimated use patterns over any week or month,
• (b) is inconsistent with normal usage patterns, and/or
• (c) includes activities such as auto-dialling, continuously call (or text)-forwarding, tele-marketing, call centres, and use of cellular trunking units (CTUs),

then your usage will be excessive and/or unreasonable and we may contact you to advise you that your usage is in breach of our Fair Use Policy.

We may then request that you stop or alter your usage to come within our Fair Use Policy. If your excessive or unreasonable usage continues after receipt of a request to stop or alter the nature of such usage, we may without further notice,

• apply charges to your account for the excessive and/or unreasonable element of your usage;
• suspend, modify or restrict your use of the Services and/or
• withdraw your access to the Services.

We may publish on the Skinny Website additional terms, requirements and/or policies relating to fair use that apply to some or all of the Services which will provide further rules and details around how such Services can be used. We will do this to help us prevent spamming, bullying or fraud and to ensure that excessive use of such Services does not prevent our customers from enjoying such Services (for example, by affecting our Network or a specific cell tower).

9. You agree that using the Services does not give you any rights in any part of our Network.




5. Mobile phone numbers

1. Unless you Port a mobile phone number to us, we will allocate a mobile phone number to you for use with your Mobile Phone or SIM on our Network. The mobile phone number does not belong to you and you may not sell or otherwise transfer it. Any disputes regarding the allocation of mobile phone numbers will be determined by us in our absolute discretion and our decision will be final

2. In exceptional circumstances, we may be required to change the mobile phone number you use with your Mobile Phone or SIM. Where we are required to change your allocated mobile phone number we will try and give you notice of this change. We will not be liable for any costs which may be incurred by you or anyone else as a result of this change

3. If you wish to Port your allocated mobile phone number to another Mobile Service Provider:

• you will need to contact that other Mobile Service Provider;
• you will be responsible for taking all necessary steps to Port the mobile phone number, other than our obligations under the LMNP Terms; and
• you will be responsible for all costs associated with Porting the mobile phone number

4. If you have not Ported the mobile phone number allocated to you prior to either the termination of this agreement, your Skinny Prepaid Account being deactivated or your access to the Services being disconnected, we may reallocate that number to another customer

5. If you change from your allocated Skinny Mobile number, Skinny may make the original number available for future allocation to another person.




6. Wireless data and content

1. If the Services provide links to third party sites and/or Content, we are in no way responsible for such links, sites or for the Content on any such sites. We have included these links for convenience only and this inclusion is in no way an endorsement of the applicable site or third party

2. If the Services allow you to access Content that originates from you or third parties, we may monitor any Content made available by you or any third party and remove any Content we consider to be inappropriate or in breach of any law or third party right

3. We are not responsible for:

• ensuring that any Content you access or make available through using the Services will be private or secure or free from viruses or other harmful things;
• any transactions you enter into, any dealings between you and any advertisers or third parties, or your participation in any promotions through use of the Services;
• any inaccuracies in any Content you obtain from the Services or any loss or damage arising from the use of, or reliance on, such Content;
• any corruption or loss of Content stored on, or transmitted over, our Network;
• any delay in your receipt of Content you select for transmission to your Mobile Phone; or
• fixing any faults in your Mobile Phone or SIM as a result of you accessing Content

4. Unwanted programs or Content may be downloaded from the internet without your knowledge, which may give unauthorised persons access to your Mobile Phone. We are in no way responsible for any such unauthorised access or any damage or loss suffered as a result




7. Mobile phone and SIM

1. Any SIM we supply to you remains our property and must be returned to us if this agreement ends. It is your responsibility to keep any SIM we supply to you in a good condition

2. You must keep your Mobile Phone and the SIM secure at all times. We recommend that you use a PIN and other access code features provided with your Mobile Phone and SIM to ensure that only you are able to access and use the Services. You must keep all such PINs and access codes confidential at all times. We may assume that any request or instruction we receive is authorised by you if it is made from your Mobile Phone

3. If a PIN is entered incorrectly three times in a row, the SIM will automatically block and it will not be possible to use it unless it is unblocked. To unblock the SIM you will need a PUK1 Code, which you can obtain from your SIM packaging or by calling Skinny Customer Services. If you continue to block your SIM by incorrectly entering the PUK1 Code the SIM will be rendered useless after 10 attempts and you will lose names, numbers and other information stored on it. You will then need to purchase a new SIM which comes with a new PUK1 Code, if you wish to continue using the Services

4. If you suspect your Mobile Phone or SIM supplied to you is lost or stolen you must immediately block your SIM by calling Skinny Customer Services. This will stop usage Charges to your account.. You will remain liable for all Charges (including recurring charges) incurred in relation to the use of your Mobile Phone or the SIM, whether the Charges have been incurred by you or someone else. If your Mobile Phone is lost, stolen, damaged or destroyed, we will have no obligation to make a refund to you for the credit left on your Skinny Prepaid Account and you will need to purchase a new Mobile Phone and/or SIM if you wish to continue using the Services

5. If equipment, including your Mobile Phone and SIM, supplied to you by someone else does not work properly, you need to contact the relevant equipment supplier or manufacturer, rather than us, about the problem. We are in no way responsible if this equipment supplied by someone other than us is damaged as a result of the unauthorised use on our Network, or if it does not work on our Network. We are under no obligation to take any action so you can access the Services using this equipment

6. Any responsibilities we may have for a Mobile Phone or other equipment that you buy directly from us will be covered by a separate warranty or sales agreement for that Mobile Phone or other equipment

7. You must pay the purchase price of any Mobile Phone or other equipment you buy from us. We will continue to own the Mobile Phone or other equipment until you have paid for it in full. The Mobile Phone or other equipment will be at your risk from the time it is received by you

8. If you have a Mobile Phone that is SIM locked to our Network (a “Skinny SIM Locked Mobile Phone”), it is to be used exclusively on our Network and must not be unofficially unlocked, interfered with, or disassembled without our prior written approval.

A Skinny SIM Locked Mobile Phone may only be unlocked by calling Skinny Customer Services. A $30 fee (including GST) applies if network locking is removed from any Skinny SIM Locked Mobile Phone within the first nine months after purchase. There may be a limited number of times an unlock code can be entered and attempted in a Skinny SIM Locked Mobile Phone, so care must be taken to ensure the unlock code is entered correctly and in accordance with our authorised unlocking process.

Any attempts by any person to unlock a Skinny SIM Locked Mobile Phone without using our authorised unlocking process will render any applicable warranty associated with that Mobile Phone void, and may cause technical issues and damage to the Mobile Phone or Services for which we will not be responsible or liable. To unlock your Skinny SIM Locked Mobile Phone, contact Skinny Customer Services on 0800 4SKINNY.




8. Charges and your account

1. In order to use the Services you will need to have a Skinny Prepaid Account which is in credit, or have included quota remaining on an active Prepaid Plan. As Charges are incurred they will be deducted from the credit balance of your Skinny Prepaid Account. You can add additional credit to your Skinny Prepaid Account by buying and redeeming a Skinny Prepaid Service card or voucher, or by using one of the other means of payment accepted by us from time to time. For more information on how to top up your Skinny Prepaid Account please refer to the Skinny Website or contact Skinny Customer Services. No bill will be sent to you in relation to your use of Skinny Prepaid Services

2. Each Skinny Prepaid Service card or voucher has an expiry date printed on it and cannot be used after that date. We will not give refunds for any cards or vouchers not used by their expiry date. If you have a Skinny Prepaid Service card or voucher which has not reached its expiry date and appears to be faulty, contact Skinny Customer Services.

3. The Charges for calls made from your Mobile Phone are set out in your Prepaid Plan. Generally, there is a minimum one minute charge for each call and calls are charged by the minute. Skinny’s standard and overage data rates are calculated based on usage and billed in 5KB blocks, rounded up to the nearest 5KB at the end of each session or every 15 minutes (whichever comes first), and a minimum charge of 1c per session applies. Skinny’s data rates for included data in a Skinny Prepaid Plan is calculated based on usage and billed in 5KB blocks, rounded up at the end of a data session or every 15 minutes (whichever comes first) and a minimum charge of 20KB applies. (Where: 8 bits (b) = 1 Byte (B); 1024 Bytes = 1 Kilobyte (KB); 1024 KB = 1 Megabyte (MB)).

4. SMS is charged per SMS sent. Please see your Prepaid Plan for more information about Charges for calls, SMS and data. The Charges for our other Services are set out on the Skinny Website

5. We may change our Charges from time to time and will notify you of any changes in accordance with clause 14

6. You are liable for all Charges under this agreement whether incurred by you or someone else using your Mobile Phone or SIM (with or without your knowledge). This includes when your Mobile Phone or SIM has been lost or stolen

7. If the credit balance on your Skinny Prepaid Account is used up while you are on a call, the call will be disconnected. We will not be liable for calls being disconnected after your credit has been used up

8. If the credit balance on your Skinny Prepaid Account is used up while you have an open data session, the session will be terminated.

9. If you have no credit on your Skinny Prepaid Account or have no quota remaining on an active Prepaid Plan, you will not be able to make any chargeable outgoing calls (except to emergency services on 111 or to Skinny Customer Services or any other non chargeable calls) or use any other Services that would incur a Charge.

10. You must add credit to your Skinny Prepaid Account at least once every 12 months, otherwise your Skinny Prepaid Account will be deactivated, or expired. When your Skinny Prepaid Account is deactivated all credit will expire. You will not receive a refund for any expired credit. If this happens, clause 10.2 will apply.

11. If you damage or lose your SIM you can purchase a new SIM and transfer your number to that new SIM by calling Skinny Customer Services.

12. Customers with an active Skinny Prepaid Account may transfer credit from one Skinny Prepaid Account to another active Skinny Prepaid Account via the Skinny Mobile Menu. Skinny Prepaid Accounts that are inactive, expired, disconnected or blocked will not be able to use the credit transfer functionality.




9. Withholding, suspending or restricting services

1. We may withhold, suspend or restrict your use of any or all of the Services or disconnect you from the Network without warning if:

• you or anyone who uses your Mobile Phone or SIM does not comply with the terms and conditions of this agreement (including the provisions of clause 6) or any other agreement with us, including any terms and conditions relating to Additional Services;
• you or anyone who uses your Mobile Phone or SIM damages our Network or puts our Network at risk;
• you harass, abuse or threaten our staff; or
• you notify us that your Mobile Phone or SIM has been lost or stolen

2. When we withhold, suspend, restrict or disconnect a Service for the reasons set out in clause 9.1 above, you may have to pay a reconnection fee before you can use the Services again

3. We may also suspend your use of the Services and disconnect you from our Network without warning if our Network needs urgent maintenance or upgrading

4. We reserve the right to change, suspend or withdraw part or all of any Services, including Additional Services, on giving reasonable notice

10. Giving up or ending services

1. You may end this agreement at any time for any reason by:

• simply ceasing to add credit to your Skinny Prepaid Account at least once every 12 months (see clause 8.9 above);
• contacting Skinny Customer Services; or
• Porting your mobile phone number to another Mobile Service Provider.

2. If this agreement ends for one of the reasons in clause 10.1:

• any unused Skinny Prepaid Service cards or vouchers you have will still expire on their expiry date;
• any unused credit on your Skinny Prepaid Account will lapse;
• any names, numbers and other information stored on your SIM may be lost; and
• unless we agree otherwise or unless it has been Ported prior to giving up the Services, any mobile phone number allocated for you to use under this agreement will no longer be available to you

3. You may temporarily or permanently give up any Additional Service by calling Skinny Customer ServicesIf this agreement ends or you give up any Service and later want it reconnected, you may have to pay a reconnection charge and purchase a new SIM

4. We may decide to stop providing any, or any part of, our Services to you. If we do this, we will try to tell you in accordance with clause 14.4 of this agreement.

5. Ending this agreement does not affect any rights and responsibilities which are intended to continue or come into force afterwards




11. Compensation and Liability

1. Where a Service we provide to you is affected because we do not meet our responsibilities to you, and you reasonably incur expenses as a result, please let us know by calling Skinny Customer Services. Where we consider it appropriate, we will contribute to your expenses by adding credit to your Skinny Prepaid Account, to the value we consider appropriate in the circumstances. For us to consider your claim, you must tell us within one month after the relevant Service is affected. Credits and/or any other compensation are not available where such an event occurs because we are not given correct information, or where we have acted in accordance with our obligations and/or rights in this Agreement, or because you have not used your Mobile Phone or the Services appropriately, or through other causes beyond our reasonable control, nor are they available where you have not tried to minimise your loss

2. If you are acquiring the Services for the purposes of a business as defined in the Consumer Guarantees Act 1993, or you indicate to us that you are doing so, you agree that the provisions of that Act do not apply to the Services we provide under this agreement. If you are not acquiring the Services for those purposes, the Consumer Guarantees Act 1993 may apply to the Services we provide to you. Any rights you may have under that Act apply in addition to the rights set out in this agreement and nothing in this agreement will limit or exclude your rights under the Consumer Guarantees Act 1993

3. Clause 11.1 sets out your ability to claim compensation from us. Subject to clause 11.2 (if applicable), all other liability we may have to you in connection with this agreement, whether in contract, tort (including negligence) or otherwise is excluded. This exclusion applies for the benefit of the following people:

1. (a) us and any Related Company;
2. (b) network operators and mobile service providers other than us whose networks are connected to each other and to our Network;
3. (c) all companies directly or indirectly owned, partly owned or controlled by any of the companies and parties listed in clauses 11.3(a) and (b) above;
4. (d) all officers, employees, contractors and agents of all the companies and parties listed in clauses 11.3(a) and (b) above; and
5. (e) anyone else any of the companies and parties listed in clauses 11.3(a) and (b) above are responsible for.

None of the companies or parties listed above are liable to you or has to pay you for anything else in connection with or resulting from anything any one of those companies or parties does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way any liability might arise if it were not for this clause

4. If for any reason the exclusion in clause 11.3 does not apply, then the maximum combined amount all the companies and parties listed in clause 11.3 (together) will have to pay to you and anyone claiming through you (together) in respect of claims in connection with this agreement is:

1. (a) $1,000 for any one event or circumstance or series of related events or circumstances; and
2. (b) $5,000 in the aggregate in respect of all events and circumstances in any 12 month period

This limitation does not limit or exclude any rights you may have under the Consumer Guarantees Act 1993. Please see clause 11.2 for more information.




12. Force Majeure

If we are prevented from carrying out any obligation in this agreement by reason of any act of God, 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 the expected duration of and the obligations affected by the circumstances.

Our performance of this agreement will, to the extent that it is made impossible by such circumstances, be suspended until such circumstances cease to exist and we will not be liable to you for a failure to perform, or delay in performing, any such obligation set out in this agreement.




13. Information about you

1. While you have an agreement with us or any Related Company, you agree that we and any Related Company may collect information about you. The information may be obtained from you, from others, or generated within our Network when you or anyone else uses the Services or the services of any service provider approved by us. You may decide whether to provide any information any of us request from you. However, if you do not provide it, we and any Related Company may not be able to provide services to you. You may ask to see information that we or any of our Related Company holds about you and ask for any details that are wrong to be corrected

2. We, any Related Company and, to the extent appropriate, any service providers approved by us, including service providers providing directory listing and directory assistance services, may hold information about you and share it to the extent appropriate with each other, with our employees, contractors and agents and any approved service provider and with credit reference and debt collection agencies. This enables us, any Related Company, agencies and approved service providers to provide services for you and others, send you bills, recover and report on money you owe and keep you informed of services available to you. Credit reporters may include credit checks and any defaults in payment to us and any Related Company in their databases and share this information with others who wish to conduct credit checks on you

3. From time to time we may send you sales and marketing information about Skinny products and services. You can let us know at any time if you do not want to receive sales and marketing information by calling Skinny Customer Services. You also agree that the sales and marketing information we send you electronically need not include an unsubscribe facility

4. We, and any Related Company, may:

• share with other network operators the mobile phone numbers allocated to you and any other information (not including your name and address) needed to enable you to make and receive calls through their networks; and
• share, to the extent appropriate, your name, address and the mobile phone numbers allocated to you with any of our agents or service providers for the purpose of providing the Services to you.

5. We may occasionally monitor telephone calls between customers and our personnel so as to help train our personnel to provide better customer service. Any information we collect by doing this will be used in strict compliance with all applicable privacy laws.

6. We may also collect, store and use information about you in accordance with our privacy policy

7. You must amend your details by contacting Skinny Customer Services as soon as possible about any change to your name, address or any other details you have provided to us




14. Changing these terms, Charges and Services

1. We may change any of the terms of this agreement, remove existing terms from the agreement, or add new terms into the agreement, at our discretion. Changes may take the form of a completely new agreement. We can do this without the need to obtain the consent of the companies and parties listed in clause 11.3

2. We will give you at least 10 working days' notice or, wherever possible, one month's notice of any changes that we consider will have a material detrimental effect on you. In all other cases we will try to give you notice of any change and/or publish the change on the Skinny Website

3. We may also change our Charges from time to time. Where we increase any Charges for any of the Services, we will provide you with a minimum of 10 working days' notice or wherever possible one month's notice of these changes

4. We may also decide to stop providing any, or any part of, our Services to you. If we do this, we will try to give you a minimum of 10 working days' notice or wherever possible one month's notice before we stop providing the Service. The agreement you have with us will remain in place




15. Sending notices

We may send you notices by sending you a text, via the Skinny Mobile Menu, by emailing or writing to you, by calling you, by publishing the notice on the Skinny Website or by issuing a public notice in the major newspapers.




16. Meeting our responsibilities through agents and service providers

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.




17. Transferring our responsibilities

We may transfer to someone else all or any part of our side of the agreement you have with us. This agreement is personal to you and you may not transfer this agreement or any benefit or obligation of it to any other person. If you are a business or company and your effective management is changed in any way, this will be treated by us as a transfer of this agreement and we will be entitled to end it.




18. More than one customer

Every person named as the customer in your application to use the Services must meet all of the customer’s responsibilities under this agreement, including the payment of any amounts owing to us by the customer in accordance with this agreement.




19.Severability

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.




20. Waiver

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.




21. Governing Law

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.

Service terms

Introduction

The following terms (the “Service Terms”) describe the terms and conditions that apply to Skinny Prepaid Services and Additional Services. The Skinny Customer Terms apply in addition to these Skinny Service Terms. Any defined terms used in these Service Terms have the same meaning as given to those terms in the Skinny Customer Terms. If you have a Skinny Prepaid connection that operates on the Network then you will need to read and understand these Service Terms.

Changes to these terms

Skinny in its absolute discretion may change, add to and/or delete these Service Terms, including adding new terms at any time. However, if we consider that the change is material, we'll give you reasonable notice by publishing the change on the Skinny Website, sending you an SMS, notifying you via the Skinny Mobile Menu, by emailing or writing to you, by calling you or by issuing a public notice in the major newspapers.

Call, Text and Data Charges

Call charges

Unless you select a Skinny Prepaid Plan, Skinny’s Standard calling rates automatically apply to any usage.

Skinny’s Standard calling rates apply when you do not have a current Skinny Prepaid Plan (e.g. you don’t have a current Combo, calling Add-On or other Skinny Prepaid Plan that has calling minutes included). The minimum call charge for your Standard calling rates will be the full minute rate for each minute or part minute.

If you’ve subscribed to a Skinny Prepaid Plan, such as a Combo, Skinny’s Overage calling rates apply if you consume all the included minutes in your plan before your plan’s renewal date. The minimum call charge for your Overage calling rates will be the full minute rate for each minute or part minute.

You can view our pricing inncluding Standard and Overage calling rates here.

To be able to initiate or continue a call you must have the equivalent of at least one minute worth of calling credit remaining on your Skinny Prepaid Account, or at least one included minute remaining on your Skinny Prepaid Plan’s included minutes.

If there is no answer you won't be charged for the call (note, calls answered by a message service or answering machine are chargeable).

Want free Skinny to Skinny calling in NZ this summer?

If you’re subscribed to an active $4 weekly Combo, you can call your mates on Skinny for free until the end of April 2012. Fair use policy applies. Free calling covers national person to person calls to your mates on Skinny only, and not calls while roaming. See here for more info.

Text charges

Skinny’s Standard text rates apply when you do not have a current Skinny Prepaid Plan (e.g. you don’t have a current Combo, text Add-On or other Skinny Prepaid Plan that has texts included).

If you’ve subscribed to a Skinny Prepaid Plan, such as a Combo, Skinny’s Overage text rates apply if you consume all the included texts in your plan before your plan’s renewal date.

All text messages are deducted from your Skinny Prepaid Account’s credit balance, or your Skinny Prepaid Plan’s included texts, once sent. It is your responsibility to ensure numbers are valid and correct.

Even if your mobile device is capable of sending longer messages (e.g. 320 characters), for charging purposes, every 160 characters you send in New Zealand is counted as one text message. When roaming, every 140 characters you send is counted as one text message.

You can view our Standard and Overage text rates here.

To be able to initiate a text you must have the equivalent of at least one text worth of credit remaining on your Skinny Prepaid Account, or at least one included text remaining on your Skinny prepaid plans included texts.

Data Charges

Skinny’s Standard data rates apply when you do not have a current Skinny Prepaid Plan that has data MBs included (e.g. you don’t have a current Busy Fingers, Loose Lips, data Add-On or other Skinny Prepaid Plan that has data included).

If you’ve subscribed to a Skinny Prepaid Plan, such as a Combo, Skinny’s Overage data rates apply if you consume all the included data MBs in your plan before your plan’s renewal date.

Data is charged in increments of 5KB with a minimum of $0.01 per session. You can view our Standard and Overage Data rates here.

To be able to initiate a data session you must have the equivalent of at least 25kb or 1¢, whchever is the greater, of credit remaining on your Skinny Prepaid Account, or at least 20kb of included data remaining on your Skinny prepaid plans included data.

Skinny’s Standard and Overage data rates are calculated based on usage and charged as follows:

• billed in 5KB blocks;
• rounded up to the nearest 5KB at the end of each session or every 15 minutes, whichever comes first, and
• a minimum charge of 1c per session applies.

Skinny’s data rates for included data in a Skinny Prepaid Plan is calculated based on usage and charged as follows:

• billed in 5KB blocks;
• rounded up at the end of a data session or every 15 minutes, whichever comes first, and
• a minimum charge of 20KB applies.

(Where: 8 bits (b) = 1 Byte (B); 1024 Bytes = 1 Kilobyte (KB); 1024 KB = 1 Megabyte (MB))

Useful info when using data

To get the best value when you have a smartphone and use data on Skinny, it is highly recommended that you subscribe to one of our data Add-ons.

Many smartphones and other data devices, with mobile data switched on, may be set to consume data without user interaction. This can result in unexpected charges. If you do not wish to use data you may need to switch this off in your phone or data device.

Skinny provides a text notification when you are nearing the end of your included data on a Skinny Prepaid Plan, however, it is your responsibility to manage your data usage and any associated costs.

You can also monitor your data consumption of the included data on your Skinny Prepaid Plan through the Skinny Mobile Menu (*888*2*3#) or by calling 0800 4SKINNY. In both cases the data balance remaining will only be accurate when mobile data is switched off, as there may be open data sessions running on your phone or data device if it is left on.

Please also note that data, or mobile broadband, is not intended or designed for prolonged intensive data downloads or uploads (including file sharing and long duration streaming videos). Fixed broadband services are much more suited to intensive data transfer applications.

Operator assisted calls

You will be charged the full minute rate for each minute or part minute.

International Call and Text charges

You can view our International Call and Text charges here.

Roaming charges

You can view our roaming charges here.

Other Services

Call Me Back service

Call Me Back is a service where Skinny customers (who do not have enough credit to make a call) are able to use the Skinny Mobile Menu to send a text message to other mobile users on any New Zealand network with a request to call you back.

Call Me Back requests is only available to Skinny customers who have an active Skinny Prepaid Account. The service is limited to a maximum of 3 Call Me Back messages per Skinny customer per day.