General Terms & Conditions

1. About these terms

These General Terms & Conditions govern the supply of telecommunications, broadband, business phone, mobile, IT, hosting, hardware and related services by iTelco Limited.

By ordering, accepting or continuing to use a service, you agree to the terms that apply to that service.

2. Which document takes priority

If there is a conflict between documents, the following order generally applies:

1. a signed service agreement or contract;
2. an accepted quote, order form or statement of work;
3. service-specific terms;
4. these General Terms & Conditions.

3. Ordering and activating services

Services may be ordered through an accepted quote, order form, online process, email confirmation or another method accepted by iTelco.

Unless otherwise agreed, current subscription services are supplied on a month-to-month basis. A future quote, order or contract may specify a minimum or fixed term.

4. Providing our services

We will use reasonable care and skill when providing our services. Delivery may depend on carriers, wholesalers, cloud providers, landlords, building access, installers, network availability, power, customer equipment and other third parties or conditions outside our direct control.

Installation, porting, delivery and activation dates are estimates unless expressly agreed otherwise in writing.

5. Your responsibilities

You must provide accurate information, maintain reasonable security over accounts and devices, use services lawfully, follow reasonable technical or security instructions, and ensure authorised people have appropriate authority to act for your account.

6. Charges, billing and payment

Subscription services

Subscription services are billed monthly in advance. Where a service starts part-way through a billing cycle, the subscription charge may be prorated for that partial period.

Usage-based charges

Outbound calling and other usage-based charges are billed in arrears based on usage from the previous billing period.

Hardware and project work

Hardware, installations, site work, professional services and other non-recurring work may be invoiced separately.

Payment terms

Unless otherwise agreed, invoices are due 20 days after the invoice date. Prices are exclusive of GST unless stated otherwise.

We do not currently apply an automatic late-payment fee or interest charge. Overdue accounts may however result in service restrictions or suspension.

7. Price and service changes

We may change pricing, service features, suppliers, networks or technical arrangements from time to time. Where a change materially affects an ongoing service, we will generally aim to give at least 30 days' notice where reasonably practicable.

8. Equipment and hardware

Equipment sold to you becomes your property once paid for in full, unless otherwise stated. Equipment supplied on lease, rental or loan remains the property of iTelco or the relevant owner and must be returned when the relevant service ends.

9. Service availability, faults and maintenance

We do not guarantee that any service will be continuous, uninterrupted, error-free or fault-free.

Except where required by law or expressly stated in a specific service agreement, iTelco is not required to provide compensation, credits or refunds solely because a service is temporarily unavailable, interrupted or degraded.

Nothing in these terms excludes any right or remedy that cannot lawfully be excluded or limited.

10. Suspension and non-payment

If an account is overdue, we may restrict or suspend some or all services after providing reasonable notice. Depending on the service, this may include restricting outbound calling, internet traffic or other service functions.

We may act without prior notice where reasonably necessary to address fraud, misuse, legal obligations, serious security risks or material harm.

11. Cancellation and termination

Unless a specific agreement says otherwise, either party may cancel a month-to-month service by giving at least 30 days' notice.

You remain responsible for charges through the notice period, outstanding usage, hardware charges, installation or project charges and any other amounts validly due.

12. Future fixed-term agreements

Although current services are generally month-to-month, iTelco may offer fixed-term or minimum-term arrangements in the future. Any fixed term must be identified in the applicable quote, order or contract.

The applicable agreement may specify minimum charges, early termination charges, equipment recovery costs or other consequences if the service ends early.

13. Consumer and business customers

Nothing in these terms limits any rights or remedies available to a consumer that cannot legally be excluded.

Where you acquire goods or services from iTelco in trade for business purposes, the parties agree that the Consumer Guarantees Act 1993 will not apply to the extent the law permits the parties to contract out and it is fair and reasonable to do so.

14. Liability

To the maximum extent permitted by law, iTelco is not liable for indirect, consequential or special loss, loss of profit, loss of revenue, loss of opportunity, loss of data or business interruption arising from the use or unavailability of a service, except where liability cannot lawfully be excluded.

Any specific liability cap, service-credit regime or service-level commitment in a signed agreement or service-specific terms takes priority over this section.

15. 111 emergency calling and power failures

Some residential landline services supplied over fibre, fixed wireless or similar technologies require mains power at the customer premises. During a power failure the service may not work, including the ability to call 111.

Residential customers should maintain an alternative means of contacting emergency services where possible.

If you have no alternative way to contact 111 during a power failure and someone at the premises may be at particular risk of needing emergency services because of health, safety or disability circumstances, you may be able to apply as a vulnerable consumer under the Commission 111 Contact Code.

Where the Code requires iTelco to provide an appropriate means of contacting 111 during a power failure to a qualifying vulnerable consumer, we will do so at no cost to that consumer.

Read our 111 Contact Code information →

16. Uninvited direct sales

iTelco does not currently conduct cold outbound sales calling as a standard sales practice. If we enter into an agreement following an uninvited direct sale where the Fair Trading Act 1986 applies, we will comply with applicable disclosure, documentation and cancellation requirements, including any statutory cooling-off period.

17. Privacy

We collect, use, store and disclose personal information in accordance with our Privacy Policy111 Contact Code and applicable New Zealand privacy law.

18. Service-specific terms

Additional terms may apply to broadband, Business Phones/iConnex, number porting, mobile, managed IT services, hardware or leased equipment, domains and hosting.

19. Notices and general matters

We may provide notices by email, invoice message, customer portal, website notice or another reasonable method using the contact information associated with your account.

These terms are governed by New Zealand law.

20. Complaints and disputes

If you have a concern about a service, bill or account, please contact iTelco so we can investigate and try to resolve the issue.