General Terms of Service
Welcome to Stuff Fibre!
We provide access to great fibre broadband, simply. Alongside our core fibre services we will make other useful products and services available to you.
We are determined to untangle the web and do things better.
We have done away with complicated billing processes. With us you pay for each product or service when you buy it or in advance each month. And your subscription to our Services will continue month-to-month until cancelled by you or terminated by us. Simple.
More good news, we have no fixed-term contracts. You can cancel your Agreement with us at any time. All we ask is that if you leave and have our base Gigabit Router, you buy it off us for a discounted price of $90. You can also return it to us.
So what are these Terms all about?
By the way, all references in these Terms to “we”, “us” and “our”, are to Stuff Fibre and any reference to “you” or “your” means you, our customer.
By subscribing for or otherwise using our services, websites and software applications (together, the “Stuff Fibre Services” or “Services”), or acquiring any other products which we may offer (“Products”), or accessing any content or material that is made available by us through the Services, and/or establishing a Stuff Fibre account (“Account”) with us you are entering into a binding agreement (“Agreement”) with NZ Fibre Communications Limited (trading as “Stuff Fibre”).
Want to contact us?
If you have any questions regarding your Account, the Services, or our Agreement with you please contact Stuff Fibre Support:
by clicking on the “Support” button which appears on every page of our website www.stuff-fibre.co.nz (“Website”), or
by emailing us at [email protected]
Want to manage your Stuff Fibre Account?
Once you’ve set up your Stuff Fibre Account we also make it really easy to review or change your Services or update your Payment Method – just log into MyStuff on our Website.
Eligibility for our Services
Your information must be accurate. You confirm that all information you provide to us in relation to establishing and maintaining your Account with us is true and correct. You must make sure that all information you give to us or to any or our suppliers or service providers in relation to your Account and Services is correct and complete at all times. You must advise us as soon as possible when any of your information changes (for example if you change your name, email address, contact details or physical address).
If we suspect that information supplied to us is false, or that information about a person has been supplied without their knowledge or consent, we may delay setting up your Account, or suspend any affected Account or the Services, while we investigate. If we are satisfied there has been no breach of this clause, we will re-activate the Account(s) or reinstate the Services. If we are not reasonably satisfied, we may immediately terminate the Agreement. You acknowledge that you will have no claim against us in respect of any delay or refusal to set up your or any other Account, the termination of your or any other Account, or the suspension of your or any other Account or the Services as a result of this clause.
Service Availability. Our Services are not available in all areas. We cannot guarantee the availability of a Service to you until it is connected and activated.
Acceptance of Application. We are not obliged to provide Services unless we accept your application for an Account with us. We can decide whether or not to accept any application.
Installation and access to your home
Required Equipment. If we are providing Services which require equipment to be installed or connected in your home, a time will be arranged with you to install the Services. That installation may be done by us, a third party contractor, or the relevant Local Fibre Company or “LFC”. You may be required to pay the connection and/or installation costs for your Services. Where possible we will let you know what the installation costs (if any) will be before commencing any Service installation work. See our Fibre Service Terms for more detailed information as installation processes and costs associated with our Fibre Service.
Landlord Approval. If you are not the owner of the home or are renting the home where our Service are to be provided, then you are responsible for ensuring the owner / landlord has consented to the installation of our Services at those home.
Access to your home. You need to ensure safe access to your home for the installation and connection of Services. If you are not going to be at your home for the installation, then you may nominate an agent (who must be over 18 years old) to do this on your behalf. If we or our third party contractors or LFC personnel visit your home at the agreed time and are not able to gain entry, then this may impact our ability to provide you with the relevant Service and the LFC may charge you for that attendance.
You agree to allow our employees, agents or third party contractors reasonable access to your home to inspect, repair or carry out any other maintenance activities in relation to network or other equipment required for the Services. All such persons will carry proof of identity. If you do not grant access to your property, then this may impact our ability to provide you with the relevant Service.
No obligation to provide Services. We reserve the right not to connect Services to your home for any reason including in the case of a non-standard install or where we consider it uneconomic or unsafe to do so. We may exercise this right at any time even if we have accepted your application for Services.
About our Services
Services delivered over third party infrastructure. Our Services are delivered to you over network infrastructure and systems owned by us and also by third parties such as Chorus or the Local Fibre Company operating in your area. Our provision of Services to you does not give you any rights in any part of that collective network infrastructure. If you change address you must leave all LFC network equipment installed at your old home.
Service availability and reliability. We will always try to provide you with consistent and reliable Services. However, because of the nature of telecommunications services we cannot provide specific performance guarantees. There are a number of external factors which can impact and influence the reliability of our Services, for example we rely on third party networks, equipment, systems and services, which we don’t control. For this reason, we do not guarantee continuous or fault-free services, service availability at a particular location, connection speed bandwidth, latency (delay) or bit rate through the network that we use to provide our Services at any point in time and we are not liable or responsible for anything which occurs as a result of those third party networks, equipment, systems and services.
Power Failure. Some Services require power to operate. During a power failure you may not be able to use the Services. You may also need to make alternative arrangements if you have a monitored alarm.
Do you require Services for critical medical support?
As noted above our Services can occasionally be interrupted and we can’t provide performance guarantees. You should take this into account when choosing our Services and what you will want to use them for. While we will always try to resolve any Service issues promptly, we cannot guarantee how quickly this will happen. If you or anyone in your household depends on Services for critical medical support and the loss of Services could result in the loss of life or serious harm to any person, you should take this into account in choosing our Services.
Fixing Faults. If you experience an issue with your Service, please contact Stuff Fibre Support either via our Website or by email (as noted above). If we need to arrange for someone to visit your home, we will try to find a time that is convenient for you. If it is found that there is no fault with our Service, or the fault was caused by you or your equipment, we may need to charge you for this.
Equipment and wiring at your home
Our Services are accessed by you using a combination of LFC installed and owned network infrastructure and equipment and other equipment located on your home. Save as otherwise stated in these Terms or our Agreement, with the exception of LFC network infrastructure and equipment, you are responsible for obtaining and maintaining at your own cost all equipment necessary to access our Services.
Use of any equipment we supply to you. We may provide equipment to you in connection with a particular Service. You will follow our reasonable instructions about use of this equipment. You will not tamper or interfere with such equipment (including introducing any viruses or disabling mechanisms into our equipment). You agree to never interfere with such equipment or with any part of the network, even if it is on your property, without our express authorisation. Only people we authorise may work on the equipment or on the network. You will return any such equipment in good working condition to us and at your cost when you cancel a Service, either of us terminate the Agreement, or we stop providing the Service. If you don’t return the equipment, we may charge you for it. You agree to pay for the repair or replacement of any equipment provided for your use as part of the Service that is lost, stolen, or damaged whilst under your control.
If we do provide equipment to you in connection with the provision of Services, then a delivery charge may apply where we dispatch equipment to you. We will let you know if a delivery charge applies. Details of any current delivery charges can be obtained by contacting our Support Team.
If you have acquired any equipment, such as a WiFi router, from us or from one of our dealers or agents, all claims in relation to those products are likely to be covered by the warranty, if any, offered by the relevant manufacturer. You will also have any rights available to you under the Consumer Guarantees Act 1993. If you experience any issues with equipment we supply to you then contact our Support team or see the Support Area on our Website for further details on “troubleshooting” issues. Our Support team will advise you of the relevant warranty and returns policy and process where applicable.
Third Party Equipment. We cannot guarantee compatibility of third party equipment which you source independently of us with our Services or provide on-going support for any third party equipment used to access our Services. You are responsible for maintaining any such third party equipment under your care and control that is relevant to access the Services, such as phones, computers and WiFi routers. Any equipment which you connect to the Service must comply with all relevant laws and regulations.
Your wiring. You are responsible for wiring maintenance in your home. We are not responsible for the installation and/or ongoing functionality of your in-home wiring.
Monthly Subscription Charges and One-off Charges
Charges detailed on Website. Our monthly Service Subscription charges and other one-off Charges for specific Products and Services are detailed on our Website and/or in our Agreement with you (“Charges”).
Changes to Charges. We may change our Charges from time to time. We may decrease Charges for any Products or Services immediately and will notify you afterwards by email and/or publishing the change on our Website. When we increase Charges or introduce new Charges and this impacts you, we will give you at least 30 days’ prior notice by email and will also publish the change on our Website.
Your obligation to pay Charges. You are responsible for paying all Charges due to us under this Agreement and this remains the case no matter who uses the Services we provide to you. You should raise any concerns about unauthorised use of the Services with us immediately on becoming aware of this.
What happens if you don’t pay us? If you do not pay us for any Charge you are responsible for under this Agreement, or if payment from the bank account you have authorised us to direct debit money from or the credit or debit card you have authorised us to charge is dishonoured, cancelled or refused, we will suspend or terminate any or all of your Services, your Account and/or this Agreement at our discretion. We may also commence a debt recovery process. You agree to pay all costs of collection including bank fees, credit agency fees, legal and court fees.
No Refunds. Save as otherwise expressly provided in our Agreement, Services provided are for a full month from the day we charge your Payment Method, and therefore all Charges are non-refundable, including in the event you decide to leave Stuff Fibre or cancel any Service part way through the relevant monthly billing cycle or if we suspend or terminate a Service or our Agreement with you. One exception to this is where you have subscribed to our Boost Service and your Fibre Service ends, in which case your Boost Service will terminate on the same date and we’ll provide you with a pro rata refund of the Boost Charge if applicable.
GST. All Charges are inclusive of GST.
Billing Cycles. Monthly Service Subscription Charges for our Services are billed on a monthly prepaid basis to your selected Payment Method, commencing on the day of connection of the relevant Service, and on the same date every following month. The timing of your billing may change occasionally, for example to account for public holidays, short months or if your Payment Method has not settled successfully. Where the day of connection is the 29th, 30th or 31st of the current month, the Billing Cycle will automatically be set for the 1st of the following month instead.
One off Charges. We may also bill you for one off charges if you purchase specific Products or Services from us, which have a one-off charge associated with them as detailed on our Website and/or in our Agreement with you.
Payment Method. To establish a Stuff Fibre Account and order any of our Products or Services you must provide us with a current, valid, accepted method of payment (“Payment Method”) when you sign up on our Website. Our Website will confirm the various payment methods available for you to pay your Charges (“Payment Method”). These may include you authorising us to direct debit money from a specified bank account or to charge money to a specific credit or direct card.
By selecting a Payment Method you authorise the card issuer or bank (as applicable) to pay all Charges due to us under this Agreement and authorise us (or a billing agent on our behalf) to continue charging all such amounts to your Payment Method until you or we cancel or terminate your Account. You must ensure that all Payment Method details provided to us (such as billing address, card number and expiration date, bank account name and number) are up-to-date at all times and that the relevant account or card has sufficient clear and accessible funds to cover all payments to us at the time of payment. You authorise us to obtain updated or replacement expiration dates for your credit or debit card in the event of card expiry and we reserve the right to charge any renewal card issued to you as a replacement. If your selected Payment Method is direct debit then please refer to our Website for any applicable Direct Debit Terms and Conditions.
Changing your Payment Method. You can change your Payment Method by logging into MyStuff. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your Account, we may suspend your access to our Services until we have obtained a valid Payment Method. You authorise us to continue billing your updated Payment Method, and you will remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a fee (eg the issuer of your credit card may charge you a foreign transaction fee or related charges), which you will be responsible to pay, so please check this with your bank or card issuer.
Product Description, Promotional Offers, Pricing
Product Description and Pricing. In the event that the description or pricing of our Services, as offered or as published on our Website or in our Agreement with you, is inaccurate or otherwise misleading, you may have rights under the law, including under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Where we discover an honest mistake on our part has resulted in errors of description or pricing of our Services we will correct such errors. Where you do not wish to accept the corrected description or pricing of the Services your remedies are limited to your rights under the law, including under the Consumer Guarantees Act and the Fair Trading Act, or the right to discontinue your use of the Services without refund or payment.
Promotional offers. We may undertake promotional offers, which may have specific eligibility requirements, a validity period, and which will be subject to specific terms and conditions published on our Website.
Third party services. We may make certain third party products or services available to you. The specific terms and conditions which apply to such third party products or services, including where applicable the third party’s own terms and conditions, will be published on or notified to you via our Website.
You can request a change to your Services at any time by logging into MyStuff. Billing will commence for any new or adjusted Services immediately on connection of the relevant Service and if you choose to cancel a Service, billing for that Service will usually continue until the end of the current billing period for that Service without refund. One exception to this is where you have subscribed to our Boost Service and your Fibre Service ends, in which case your Boost Service will terminate on the same date and we’ll provide you with a pro rata refund of the Boost Charge if applicable.
If you are moving house then we may not be able to provide you with the same Services at your new address. Please contact our Support Team as early as possible to let them know about your move (ideally at least 30 days beforehand) so that we can check which Services will be available at your new address and then either cancel Services or try to transfer Services to your new address as appropriate.
Use of information about you
Where possible, information will be obtained directly from you, but otherwise it may be provided by third parties with your consent, or generated within or by the systems delivering our Services to you. If you choose not to provide information we require then we may not be able to provide you with Services.
In addition, if you choose to set up your Stuff Fibre Account on our Website using a new Stuff login (as opposed to logging in using Facebook or Google or an existing Stuff membership) you will automatically create a Stuff Account and the Stuff Account terms and conditions will also apply.
Changing the Agreement & Service announcements
Changing the Agreement. We may change these Terms and/or the terms of our Agreement at any time by changing or removing existing terms or by adding new ones. Changes may take the form of completely new terms. We will aim to give you at least two weeks’ notice of the change unless the change is immediately and necessarily required by law, for security reasons, to prevent fraud or for other technical reasons. Notification will typically be by way of publishing the update on our Website. If we determine that a change will have a detrimental impact on you, we will give you individual notice of the change by emailing or texting you. Your continued use of our Services after changes have been notified to you in any of these ways indicates your acceptance of those changes.
Cancellation by you.
You can cancel any or all of our Services at any time up to 4 days prior to the end of your current monthly billing period for the relevant Service. To cancel, login to MyStuff and turn off the relevant Service. You can also contact our Support Team. If you don’t cancel a Service at least 4 days before the end of your current monthly billing period for that Service, we reserve the right to Charge your Payment Method for the following month and the Service will continue during that month. When you cancel you will usually continue to have access to our Services through to the end of that current billing period. One exception to this is where you have purchased the Boost Service and cancel your Fibre Service with us, in which case your Boost Service will terminate on the same date and we’ll provide you with a pro rata refund of the monthly Boost Charge paid beyond the Fibre Service termination date. You may choose to retain your Stuff Fibre Voice Service after cancelling your Fibre Service.
If you wish to cancel your Fibre Service subscription and transfer your fibre service to a new service provider, your Fibre Service will automatically be cancelled on the day the transfer is completed. Any Fibre Service Charges collected for the current billing period are non-refundable.
Please note: if you selected our base Gigabit Router (“Gigabit Router”) and your Fibre Service ends for any reason, then you get to keep our Gigabit Router and you authorise us to charge your Payment Method $90 for it. You still have the option to return the Gigabit Router and we will credit the $90 charge back once we receive it (along with all associated power cables and other equipment originally provided to you with the Gigabit Router) in good working condition. See our Support Area and Fibre Service Terms or contact our Support Team for further details on how the returns process works.
Suspension, restriction or termination of your Services or our Agreement with you
We can, at any time and at our discretion, suspend, restrict or terminate any or all Services provided to you (including any third party services or products provided under or in connection with our Agreement) or this Agreement, immediately and without notice. We do not need to provide a reason for our actions.
No Refunds or Claims. All Charges, including without limitation prepaid monthly subscription Charges for a Service, are non-refundable in the event we suspend, restrict or terminate any of your Services. You acknowledge that you will have no claim against us in respect of any suspension, restriction or the termination of your Services or this Agreement.
Reconnection fee. When we suspend, restrict or disconnect a Service, you may have to pay a Service reconnection fee before you can use the Service. In most cases, normal Service Charges continue to apply during the period of suspension or restriction of any Service.
Responsible & acceptable use of our Services
Residential Purposes. Our Services are offered for residential purposes only. Services must not be used for running server farms, contact centres, auto-dialling, continuous call forwarding or telemarketing, resupply, resale (including by bundling), on-sale or any other supply to a third party, or any other use which we consider is or may be detrimental to or interferes with the provision of our Services (or any third party’s services) to you or any other customer.
No illegal use. You must not use or permit our Services to be used in any way, which constitutes criminal or civil breaches of any statute, regulations, government requirements or any other law (including general or common law) of any country. Those breaches include, without limitation: breach of intellectual property rights (such as copyright, trademarks, patents, trade secrets and confidential information); defamation; breach of obscenity laws and laws as to objectionable publications, such as pornography and hateful materials; fraud; theft; misappropriation of money, credit card details or personal information; breaches of privacy obligations; and breaches of trade practices legislation such as the Fair Trading Act and Consumer Guarantees Act in New Zealand.
Security and Protection of the Network. You must not use our Services to breach, or attempt to breach, the security and operation of any network, equipment or any other system. This includes, without limitation: hacking into, monitoring, or using systems without authority; improper configuration of mail servers and FTP servers enabling distribution of spam or unlicensed material by others; interference of service to any user or network (or activities that might encourage such interference by others) including mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks; denial of service attacks or activities which might encourage denial of service attacks by others; unnecessarily excessive traffic (including excessive pings); distributing viruses, or other harmful material or software; any communications across the services which do not accurately identify (or disclose in a manner that is misleading) addresses, headers, names and other relevant details; and using our network or our partners’ networks in any way to facilitate such breaches.
Industry Codes. You must not use our Services in a way that breaches any material standard, code and content requirements produced by any relevant authority or industry body.
No malicious use or threats. You must not use our Services or act in in any way which may be malicious, obscene or offensive to someone else, including any of our employees or agents. You must not use our Services to transmit content of a threatening nature including threats of death, physical harm and defamation.
Spam. You must not use our Services to send spam to others.
Account security. The security of your Stuff Fibre Account is your responsibility. You must keep the “credentials” you’ve chosen to access your Account through MyStuff (such as your login details for Facebook, Google or Stuff) confidential and secure. If you think that an unauthorised person has accessed or may access your Account, you must inform us immediately.
Dynamic IP Addresses. You acknowledge that we may change your Internet Protocol (IP) address without giving you notice.
Fair Use Policy
We may apply a Fair Use Policy to Services to ensure that all of our customers are able to access our Services. Any Fair Use Policy for a Service will be set out in the relevant Service terms and will form part of our Agreement. If you do not use a Service in accordance with our Fair Use Policy, we reserve the right, without further notice, to charge you for the excessive element of your usage and/or restrict or suspend the applicable Service or remove it from your Account.
Consumer Protection Legislation and Liability
Consumer Protection Legislation Applies. As a consumer, it is important that you understand that any rights you may have, or obligations we may have to you under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply alongside and are not affected or altered by the terms of your Agreement with us, including the exclusions of liability set out below. The website www.consumeraffairs.govt.nz contains useful information which may help you understand your rights under this legislation.
Liability to you.
Exclusions. Without prejudice to any other exclusions of our liability detailed elsewhere in our Agreement, we and our related companies (and our respective officers, employees, contractors and agents) are not liable to you:
for any loss (including without limitation any indirect or consequential loss), damage or harm incurred or suffered by you or any other person due to any Service failure, interruption or fault
for any loss caused by you (for example through your breach of contract or negligence)
for any loss or corruption of data, or
if we are unable to provide you with Services or for any delay or failure in performance under this Agreement resulting from matters beyond our control. This will include acts of God, terrorism, requirements of any governmental or regulatory authority, war, national emergency, earthquakes, fire, lightning, equipment failure, computer software malfunction, electrical power failure, faults, interruption or disruption in the networks or systems of other service providers and any other event beyond our reasonable control.
Other network operators and suppliers. None of our related companies, or any network operators or third parties who are involved in the provision of Products or Services to you (or their respective officers, employees, contractors and agents) will be liable to you or anyone else for any claims, costs, damages, losses or other liabilities of any kind arising from the Products or Services we provide or from your use of the Products or Services. This provision creates a right and benefit that all such parties may enforce and rely upon as a defence to any claim.
Your duty to mitigate loss. You may become aware that you have suffered loss before we do. If you suffer any loss as a result of this Agreement, you agree to take reasonable steps to avoid or minimise your loss and that we are not liable for any loss that results from your failure to take reasonable steps to do so.
Liability Cap. In the event that we are ever liable to you or anyone claiming through you for any reason under or in relation to this Agreement or our provision of Products and/or Services to you, the maximum combined amount that we will be liable to pay to you is limited to:
$5,000 for any incident or series of related incidents, or
a total of $10,000 in respect of all incidents in any 12-month period of your Agreement with us
Your liability to us.
Exclusions. You are not liable to us for any loss to the extent caused by us (for example by our breach of contract or negligence).
Liability Cap. In the event you are liable to us under or in relation to this Agreement your liability will be limited to:
$5,000 for any incident or series of related incidents, or
a total of $10,000 in respect of all incidents in any 12-month period of your Agreement with us,
provided that this limitation does not apply to your obligation to pay any Charges or any claim, damages, loss or expense caused by your fraud, wilful breach or wilful damage.
Sending notices to you
We may send you notices by sending you a text message, by emailing or writing to you, by calling you, by social media, by publishing the notice on our Website or by issuing a public notice in the major newspapers. Email is our primary method of communicating with customers and our email notice shall be deemed to be delivered when it is sent. It is your responsibility to keep us informed of your most recent and active email address and advise us of any change to your other contact details as soon as possible. We will not be liable if you do not receive notices due to us having an incorrect, in-active or unused email address or other contact details which are out of date.
Electronic Delivery of Notices is Preferred. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any electronic communication you send to us will be taken to be received by us at the time that that electronic communication comes to our attention.
Transferring rights and responsibilities
By Us. We may transfer to someone else all or any part of our obligations to under this Agreement, and assign or transfer any of our rights under or in connection with this Agreement. Any assignee or transferee will have the same rights and powers as if they were named as Stuff Fibre.
By You. You must obtain our written consent to transfer this Agreement to someone else, which we may withhold at our discretion.
Intellectual Property Rights
Use of Intellectual Property to deliver Services. We own or are licensed to use intellectual property rights in content, software, personal identifiers (including IP addresses) and anything else we use or make available to you in connection with our Services. These rights include, for example, all copyright, trade mark and design rights. All such title, interest and rights will remain with their owner. You acknowledge such title, interest and rights, and will not take any action to jeopardise, limit or interfere in any manner with our or our providers’ title, interests or rights therein.
Resolution of any Inconsistency. If there is any conflict or inconsistency in or between any provision of any of our Specific Service Terms (such as our Fibre Service Terms and Voice Service Terms) or Policies and any provision of these Terms, the provisions of the Specific Service Terms or Policies will take precedence.
Waiver. A failure or delay by you or us to exercise or enforce any of our respective rights or powers under this Agreement will not operate as a waiver of such right or power. Any such failure or delay will not in any way prevent the future exercise of any such right or power.
Severability. If any provision of these Terms or our Agreement is held to be invalid, illegal or unenforceable, whether in whole or in part, such provision shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability and the remaining provisions of these Terms or our Agreement shall not be affected.
Subcontracting. We may subcontract or delegate the performance of any of our rights or obligations under our Agreement to any related company, agent, service provider or other third party but this will not relieve us from liability for performance of any such obligation. In that case, each of those companies, agents, service providers or third parties (and their respective officers, employees, contractors and agents) can enforce those rights and obligations expressed to be for our benefit in accordance with the Contracts (Privity) Act 1982.
New Zealand Law. Our Agreement with you is governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the New Zealand Courts.