Terms & Conditions

0. INTRODUCTION

These are Telecom Niue’s standard Terms and Conditions for the Supply of Goods and/or Services. Please read them carefully. They apply to all TELECOM NIUE LIMITED subscribers or users. It is intended to ensure that, as a customer, you know your rights and obligations when using TELECOM NIUE’s services.

It is a condition of TELECOM NIUE’S Service that you comply with the Terms and Conditions. Please look out for any amendments to the Terms and Conditions that TELECOM NIUE LIMITED (“we”) might make from time to time. You are obliged to comply with the Terms and Conditions, as amended from time to time.

TELECOM NIUE Limited (‘TELECOM NIUE’)
STANDARD TERMS AND CONDITIONS FOR THE SUPPLY

1. DEFINITIONS

(a) “Agreement” means the Terms and Conditions (as amended from time to time) and the details on the Application for TELECOM NIUE Internet Account.

(b) "Allocated Internet Address" means the Internet Protocol Address or Addresses allocated by TELECOM NIUE to you the Customer, to enable you to connect to the TELECOM NIUE network in accordance with this Agreement.
(c) "Customer" means any person or organisation with whom TELECOM NIUE
enters into an Agreement in accordance with the Terms and Conditions.

(d) "Dial-Up Usage" means use of the Service over a dial-up telephone line.

(e) "Internet" means the global data network comprising interconnected networks using TCP/IP to which TELECOM NIUE is connected and provides access to its Customers.

(f) "ISP" means Internet Service Provider. An ISP is a company that has the equipment and the telecommunication line access required to provide individuals and/or companies access to  the Internet and other related services.

(g) “Leased Line” means use of the Service over a leased line network connection as provided by TELECOM NIUE.

(h) “TELECOM NIUE”’ is the Telecom Niue Limited, and its officers, employees, agents and affiliates.

(i) “Network" means the network owned and operated by TELECOM NIUE for the purpose of connecting Customers to the Internet by means of fixed or dial-up connections.

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(j) "Password" means the alphanumeric characters chosen and used exclusively by you - at your own risk for the purpose of securing and maintaining the exclusivity of your access to TELECOM NIUE’s Service.

(k) "Service" means the services described in the current TELECOM NIUE literature together with such Value Added Services to be provided by TELECOM NIUE to you but in any event the provision of data network services using TCP/IP. Representations made by TELECOM NIUE employees will not form part of this Agreement unless confirmed in writing prior to purchase of the Service.

(l) “TCP/IP” means Transmission Control Protocol / Internet Protocol representation
made by TELECOM NIUE.

(m) “Value Added Service” means the provision of a Service, other than simple connectivity, that may be detailed in current TELECOM NIUE literature.

(n) “Wireless Usage” means use of the Service over a wireless network connection as provided by TELECOM NIUE.

(O) Any reference to Telecommunications Legislation is the Telecommunications Act 1992 (NI).

2. APPLICATION AND VARIATION OF THESE TERMS

These Terms and Conditions are the standard Terms and Conditions upon which TELECOM NIUE provides Goods and/or Services to its Customers, as amended by TELECOM NIUE, from time to time. The Terms and Conditions (and any amendments to them) constitute the entire Agreement between us and you. TELECOM NIUE may amend these Terms and Conditions, the pricing structure for any Service or the Terms of the operation by publication of a general notice on a page of the Internet referred to on the Telecom Niue Home Page, and any use by you after publication of that notice will constitute your acceptance of the amendments.

3. THE SERVICE

Service connection shall be made as soon as reasonably possible. Any date
indicated by TELECOM NIUE as a date for connection is an estimate only.
TELECOM NIUE will not be liable for any losses or damages or other costs as a result of any delay in connection. Representations made by TELECOM NIUE
employees will not form part of this Agreement unless confirmed in writing prior to commencement of the Service.

4. SERVICE RESTRICTIONS

Any Customer who is operating or is deemed to be operating an ISP shall be
restricted to those Service offerings from TELECOM NIUE, as set out in the
application for Service contract.

5. SERVICE EXPIRY

Services that incur charges based solely on Customer usage, such as the Dial-Up Service, shall be deemed to have expired if there is no usage by the Customer for four consecutive months.

6. RIGHT TO CHANGE USERNAME, INTERNET ADDRESS AND PASSWORD

TELECOM NIUE shall have the right from time to time to change the Customer’s User name, Internal Address and/or Password allocated by TELECOM NIUE to conduct or arrange essential network maintenance, enhancement modernisation or other work deemed necessary to the operation of the Internet.

7. EQUIPMENT

(a) Leased Equipment from TELECOM NIUE shall at all times remain the property of TELECOM NIUE.

8. CHARGES

The Customer must pay for all Goods and Services as agreed from time to time. In particular, the Customer must pay all Service time charges, Service data charges, minimum charges and other amounts incurred by the Customer or its designated Users or incurred as a result of any use of the Customer’s Password (whether authorised or not) in accordance with the billing option selected. These charges include, but are not limited to, charges for any purchase made through any Service and any surcharges incurred while using any supplementary networks or services other than the Service. Time charges are charged to the next minute in minute increments. Prepaid hours which are not used within a month will not be carried forward to the following month.

9. CUSTOMER COSTS

In addition to charges, the Customer must provide and pay for

(a) the installation and use of telephone lines and all other equipment needed to access the Service, at their own cost;

(b) all government taxes, duties and levies (if any) imposed on the Customer or TELECOM NIUE in respect of any Goods or Services supplied.

10. PAYMENT OF ACCOUNTS

The Customer must pay all amounts billed in accordance with their nominated or allocated billing option. No credit terms are given to Direct Debit or Credit Card accounts. For Credit Card accounts, the Customer gives TELECOM NIUE authorisation to debit the customers credit card for all charges. Billing period is monthly, commencing on the date of customer registration. However billing periods for registration after the 28th of each month, will commence on the 1st of the next month.

11. SECURITY DEPOSIT

TELECOM NIUE may require a security deposit before providing the Service, or as a condition of continuing any service. The security deposit maybe used to meet any costs, losses or liabilities incurred by TELECOM NIUE in the provision of the Service to the Customer.

12. CREDIT CHECKS - PRIVACY CONSENT

The Customer consents to TELECOM NIUE obtaining from a credit reporting agency a Customer’s personal information (as well as information concerning commercial credit worthiness and activities) to enable TELECOM NIUE to access an applicant’s credit worthiness or for the purpose of overdue payments collection.

13. PUBLICATION AT CUSTOMER’S RISK

The Customer accepts full responsibility for all information and material issued or published by the Customer over any Service, and indemnifies TELECOM NIUE against any liability in relation thereto. In particular, the Customer undertakes not to publish or issue any information which is illegal. The Customer also acknowledges that TELECOM NIUE does not vet screen or is otherwise taken approved or approve any information or material available through any Service and TELECOM NIUE is not liable for any such information. To the full extent permitted by law the Customer accesses and uses such information and material at his or her own risk.

14. USAGE

The Customer hereby agrees to:
(a) Refrain from transferring any illegal material to or from other users of the Service and the other privately owned and operated services to which TELECOM NIUE may from time to time provide access.

(b) Refrain from sending menacing, offensive, abusive or annoying messages whilst using the Service via TELECOM NIUE or any other ISP.

(c) Not disclose their Password to any third party and to take reasonable steps to keep their Password confidential and inaccessible to third parties.

(d) Keep TELECOM NIUE informed of any change to the Customer's Address and other such information as may affect the payment of charges due.

(e) Use only the Allocated Internet Address to connect to the TELECOM NIUE
network.

(f) Immediately cease to use and return to TELECOM NIUE the Allocated Internet Address on termination of this Agreement.

(g) Not to use or permit others to use the Service in an unlawful manner or in
contradiction of published legislation and regulations governing the Internet.

(h) To include the above restrictions in all the Customer’s on-selling conditions using TELECOM NIUE’s Service and not to resell a bandwidth greater than that purchased and contracted from TELECOM NIUE unless linked to the Internet through another provider (dual homed) when the restriction will apply at the aggregated data rate.

15. PROVISION OF SERVICE

TELECOM NIUE does not warrant and the Customer acknowledges that the Service provided to the Customer is not fault free and relies on factors outside the control of TELECOM NIUE. The Service is provided to the Customer at such times and by such means as TELECOM NIUE elects from time to time.

16. CHANGES TO THE SERVICE.

If any Network Operator discontinues the provision of telecommunications services to TELECOM NIUE or alters the telecommunications services or any part thereof provided to TELECOM NIUE, by modification, expansion, improvement, maintenance or repair, TELECOM NIUE shall be entitled to discontinue, alter, modify, expand, improve, maintain, repair, suspend, disconnect or otherwise change the Services as necessary.

17. EXCLUSION OF LIABILITY

Except as provided in clause 12 TELECOM NIUE is not liable to the Customer or any other person for -

(a) any cost, loss or liability (including loss of profit or other consequential damage) arising from TELECOM NIUE’s supply or failure or delay in supplying any Goods or Services;

(b) the content, context or confidentiality of any communications made using any Service. TELECOM NIUE is not able to provide support for software not supplied by TELECOM NIUE, this includes software downloaded from the Internet.

18. LIMITATION OF LIABILITY

Except as provided below all terms, warranties, undertakings, inducements and representations relating to the provision of any Goods and Services are excluded and TELECOM NIUE will not be liable for any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) in respect of any Goods and Services. However, TELECOM NIUE’s liability for any breach of such implied term or warranty will be limited at TELECOM NIUE’s option in anyway permitted by the legislation including where so permitted:
- If the breach relates to Goods:
· the replacement of the Goods; or
· the repair of such Goods; or
· the payment of the costs of replacing the Goods; or
· the payment of the costs of repairing the Goods;
- If the breach relates to the Services:
· the supplying of those Services again; or
· the payment of the costs of having those Services supplied again.

19. BREACHES

The Customer shall indemnify TELECOM NIUE against any loss (including any loss of profit) incurred by TELECOM NIUE as a result of any breach by the Customer of the terms of any Agreement with TELECOM NIUE including losses occurred during the period between the date of actual termination (including termination for a breach of clause 14) and the date upon which the Customer was entitled to terminate this Agreement in accordance with its Terms.

20. TERMINATION

TELECOM NIUE may immediately terminate this Agreement or the provision of any Goods or Services if: -

(a) The Customer breaches any Term of this Agreement (including terms relating to payment or use);

(b) TELECOM NIUE forms the opinion in good faith that the Customer is or may be insolvent. All deposits paid to TELECOM NIUE will be non-refundable if, at any time, the Customer terminates this Agreement. All outstanding charges become immediately payable to TELECOM NIUE and in no circumstances shall the Customer be entitled to any refund of payments made under this Agreement.

(c) TELECOM NIUE deems the Service to be expired. Termination shall also include the termination of any features or other services included with the Service.

21. SUSPENSION OF SERVICE

TELECOM NIUE may, from time to time and without notice, suspend any Service or disconnect or deny the Customer access to any Service:

(a) during any technical failure, modification or maintenance involved in the Service provided that TELECOM NIUE will use reasonable endeavours to procure the resumption of the Services as reasonably practicable; or

(b) if the Customer fails to comply with any Agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in TELECOM NIUE’s opinion may  have the affect of jeopardising the operation of any Service. Notwithstanding any suspension of any Service under this clause the Customer shall
remain liable for all charges due throughout the period of suspension.

22. INFORMATION RECEIVED

Except as otherwise expressly permitted in writing, no person may reproduce, redistribute, retransmit, publish or otherwise transfer or commercially exploit any information which is received through the Service in anyway which is competitive to the Service.

23. ASSIGNMENT

The Customer must not assign its rights under this agreement with TELECOM NIUE without the prior written consent of TELECOM NIUE (which may not be unreasonably withheld).

24. GOVERNING LAW

This Agreement is governed by the laws applicable to Niue Island,; the parties submit to the jurisdiction of the Courts of Niue Island.

PREPAY TERMS

1. Definitions

“Bundle” refers to a bundled allocation of Prepay Services.
“Casual rates” refers to our pay-as-you-go rates in effect from time to time. For our current casual rates, please visit our website at www.telecomniue.com.
“Charges” means the applicable rates for our Prepay Services as advertised on our website, in any Prepay Services specials or promotion or pursuant to any Prepay Bundle/Plan. For a list of our current Charges, including Casual rates, please visit our website at www.telecomniue.com .
“Customer” or “you” or “your” refers to any person who purchases or uses an SIM pack card and/or our Prepay Services.
“Data” means mobile internet data.
“IOU” means the amount you agree to borrow from Telecom Niue to use our Prepay Services.
“Minutes” means call time on-network or off-network.
“My Telecom Niue app” means the Telecom Niue mobile phone application available for use with our Prepay Services.
“PIN” means personal identification number.
“Prepay Bundle/Plan” means a Telecom Niue prepay mobile bundle or plan that you purchase using your Prepay Credit and includes “Prepay Data Bundle”. “Prepay Credit” means credit in NZD allocated to a specific SIM card and “Prepay balance” or “balance” refers to the amount of unused Prepay Credit a Customer has at any given point in time.
“Prepay Services” means our prepay mobile cellular service you pay for in advance with no fixed term contract and any related products and services we provide to you, such as SMS, Voice, Data and Prepay Bundles/Plans.
“SIM card” means a Telecom Niue prepay Subscriber Identity Module card encoded with a Telecom Niue number.
“SIM pack” means the Telecom Niue number and SIM card which will connect you to the Telecom Niue network.
“SMS” means Short Message Service. “Special terms” means terms, as amended from time to time, governing Prepay Services specials or promotions and/or Prepay Bundle/Plans. For example our Prepay Stacking Terms.
“Terms” means these Prepay Terms. “USSD menu” or “*888#” means the quick code protocol we provide with our Prepay Services.
“Telecom Niue”, “our”, “us” or “we” means Telecom Niue Limited t/a Telecom Niue .
“Telecom Niue network” refers to the mobile cellular services network operated by Telecom Niue in the Niue Islands.
“Telecom Niue number” means a 5 digit mobile number from the number range available to Telecom Niue for its Prepay Services.
“Voice” means voice communications.
“$” or “NZD” refers to New Zealand Dollars.

2. Interpretation

In interpreting these Terms headings and clauses are for reference only and are not an aid in interpretation; words importing the plural include the singular and vice versa; any obligation to do something will be deemed to include an obligation not to suffer, permit or cause that thing to be done.

3. Application of these Terms

These Terms apply and you accept these Terms when you purchase or use a SIM Pack card and/or our Prepay Services.

4. Variations

These Terms and Special terms may be changed by Telecom Niue from time to time and without notice to you. For the most up to date version of these Terms, please visit our website at www.telecomniue.com

5. Special terms:

Where there is an inconsistency between these Terms and any special terms,
the  Special terms will take precedence.

6. Activation to the Telecom Niue network

To commence using our Prepay Services, you must connect to the Telecom Niue network using a Telecom Niue Niue Islands SIM card.

7. Registration

Every SIM card and Telecom Niue number allocated to a customer must be registered. When purchasing a SIM card from Telecom Niue, we will keep a record that the SIM card has been issued to you. You will be required to provide proof of identification and residence and we will register your name, residential and email address in connection with the Sim card as well as the SIM card number.

8. Using our Prepay Services

Once you are connected to the Telecom Niue network and provided you have
Prepay Credit or agree to an IOU, you may start using our Prepay Services at any time.

9. Free services

​Notwithstanding Clause 10 of these Terms, you may contact the following numbers free of charge:
 (a) 015  (Telecom Niue Call centre);
 (b) 999  (Fire), (Police), and (Ambulance),
 (c) Any other number we may determine.

10. Payment

In consideration for providing Prepay Services to you, you agree to pay Telecom Niue the Charges. Unless otherwise stated, the Charges are automatically deducted from your Prepay Credit or IOU balance as follows:
 (a) Data: Data usage is billed per megabyte blocks;
 (b) Calls: Call usage is billed in blocks of thirty (30) seconds. Usage is rounded up to the end of the current block per second from when a call is answered (including by an answering machine or voicemail);
 (c) SMS: SMS are billed per SMS successfully transmitted.

11. Prepay Credit

Charges will be deducted from your Prepay Credit balance. You can purchase Prepay Credit online or from any one of our outlets or resellers. You are responsible for keeping proof of purchase of any Prepay Credit you buy. In the event you believe that Prepay Credit purchased by you was not credited to your Telecom Niue number, we are only obliged to credit your number upon receipt of proof of purchase. Prepay credit is valid for a period of six (6) months from the date of purchase and if not used within that time will be forfeited. The minimum top-up amount for Prepay Credit is $1. You can check your Prepay Credit balance through our USSD menu by dialing *888# or on My Telecom Niue app. You can transfer Prepay Credit to any other Telecom Niue number through our USSD menu by dialing *888# and following the prompts. Prepay Credit is non-refundable.

12. IOU

If your Prepay Credit balance is zero, you can agree, for a Charge, to borrow credit from Telecom Niue using our USSD menu. The maximum amount you can borrow from us at any given time is $5. When you next purchase Prepay Credit, the credit will first go towards paying the IOU and an IOU Charge of a $0.50c fee (a total of $5.50c). Any remaining balance can be used to purchase our Prepay Services.

13. Prepay Bundle/Plan

Additional terms will apply when you use a Prepay Bundle/Plan and if inconsistent with these Terms, take priority. If you use up the entitlements you receive under a Prepay Bundle/Plan and you have a Prepay Credit balance, your use of our Prepay Services will revert to Charges at the Casual rates. You will lose any entitlement under a Prepay Bundle/Plan which you have not used at the end of the specified period for that bundle/plan. Prepay Bundle/Plan are non-refundable.

14. Responsibility for Data usage

You use Data from when you connect to the internet using your mobile device to when you disconnect. You are solely responsible for your Data usage, including monitoring your Data usage. If you do not wish to use Data you are responsible for disabling the mobile data functionality on your mobile device. It is your responsibility to have sufficient protection and security measures in place as part of monitoring your Data usage when using Data.

Telecom Niue will not be responsible for any loss or damage you may suffer as a
result of a virus or other manipulating or destructive programme that is transmitted
through your use of Data. When using Data, some internet services, including
websites and email, may not be accessible. Telecom Niue does not make any
warranty regarding;
​
 (a) accessibility to any content on the World Wide Web and
 (b) any software or data provided or available to you in connection with Data usage, including with respect to how that software or data operates on your mobile device or interacts with applications on it.

15. Use of SMS

SMS are limited to 160 characters each.  If your SMS message is longer then 160 characters, the message will be sent in two SMS.

16. Use of calls

You may make domestic local, national and international calls using or Prepay Services, including calls to landlines, numbers on other networks and other Telecom Niue numbers. Different Charges will apply depending on where you call (local, national or overseas) and what network the caller uses.

17. Service availability

We will use our best efforts to ensure the reliability of our Prepay Services. However, network coverage and many other factors may affect the availability and performance of our services. Also, our Prepay Services are subject to device capabilities, network limitations and availability. Therefore, we cannot guarantee that our service connectivity will be continuous or fault free.

18. SIM cards and Telecom Niue numbers

SIM cards and Telecom Niue numbers are Telecom Niue property. You will return the SIM card in good care if we ask you to.

19. Security

You are to keep your mobile device and SIM card secure at all times. We recommend that you use a PIN to restrict access to your mobile device. You are responsible for paying all Charges even if incurred due to unauthorised access to your mobile device and Prepay Credit. If you are using a PIN on your mobile device and the PIN is entered incorrectly 3 times in a row, your access to the SIM card may be blocked. To unblock the SIM card you will need the PUK code, which you can get by contacting Customer Services on 015. If your mobile device or SIM card is lost or stolen, you must inform us immediately, which you can do by contacting 015. This is important as you will be responsible for paying all Charges incurred even if not authorised by you.

20. Deactivation of SIM

We will deactivate every SIM card that goes unused for a period of 180 Days and as a result:
 (a) you will lose any Prepay Credit;
 (b) you will lose your allocated Telecom Niue number (which may be allocated to someone else);
 (c) you will lose any data, including names, numbers or other information stored on the SIM card.
​
We may also deactivate the SIM you are using without notice to you if we believe that you are using our Prepay Services to spam others or for any other abusive, illegal or fraudulent purpose, or in a manner which that may cause damage to the Telecom Niue network or otherwise in breach of these Terms.

21. Harm transmitted via Prepay Services

Telecom Niue is not responsible for any harm or loss you may suffer as a result of any virus or other manipulating programme transmitted using our Prepay Services or any spamming, abusive or other inappropriate communication to you by any person.

22. Caller Number Identification

As a standard feature, Telecom Niue sends the Telecom Niue number allocated to the SIM card every time you make a call. The number may be displayed on the mobile or telephone of the party called if that person uses caller ID.

23. Voicemail

Voicemail is part of the Prepay Services provided by Telecom Niue. You are responsible for setting your own PIN access for this service and for keeping it confidential. You are responsible for all access to voicemail. We bear no responsibility for lost or un- accessed voicemail.

24. Storage, use and release of information

​ Information we may have about you, including call log, Data usage and SMS usage information, is kept strictly confidential. However, we will, if required by law, release any information about you or related to your use of our Prepay Services, e.g. to the Police. We may also use information we have about you for internal purposes, such as to review and improve our services or to develop marketing strategies.

26. Telecom Niue SMS

Telecom Niue reserves the right to send marketing/promotional/notification SMS to its customers. These SMS will be sent during 6am and 6pm. You can opt out or unsubscribe from receiving any such SMS by selecting the opt out/unsubscribe to SMS broadcast option on our USSD menu or in the ‘other options’ tab of the My Telecom Niue app.

27. Customer complaints

If you have a concern or complaint regarding our Prepay Services or any other
services we may offer, you may contact us on 015.

28. Governing law

These Terms are governed by the laws of Niue Islands.