Cancelling your Woosh Wireless connection

KiwiOverseas66: just in case anyone was wondering - here is what the ministry of consumer affairs says about contracts (written or verbal):

A contract will be legally enforceable or binding if these four conditions are met:

Both parties intended to make the contract.
Both parties agree about what is in the contract.
The contract is legal. Contracts made to buy or sell anything illegal are not enforceable.
The contract must be made by people who are legally capable. This is called capacity. People who are not legally capable of making contracts are:
minors - people under the age of 18 unless they are married or the other party can show the contract is fair and reasonable.
people of unsound mind - this includes people with protection orders under the Mental Health Act, people with a general mental disability, and intoxicated people. The key point is - was it obvious that the person did not understand what was being agreed to and did the other person take advantage of this?

Terms and conditions

Most contracts have terms and conditions. These are the rules of the contract. They say what you (the buyer) and the trader must do to complete the contract. You need to know what these terms and conditions are before entering a contract because once you enter a contract you accept the terms and conditions.

The two main reasons why a contract may be cancelled are:

the trader has given the consumer incorrect information about an essential part of the contract
an important term or condition of the contract has been broken.

so IMHO it looks like.....

1) if you never intended to make a contract because you understood there was no contract - then there is no contract,
2) if you didn't agree to what was in the contract (because you were told there was no contract) - there is no contract.
3) if you didn't agree to the Ts and Cs prior to the contract being agreed - because say they are on a website and you need an internet connection to access them which is what you are purchasing in the first place - there is no contract.

the website is : http://www.consumeraffairs.govt.nz/consumerinfo/contracts.html

this is good. Heres woosh's terms and conditions, if you can be bothered reading all of that.

Introduction

These terms govern the Services and Equipment you obtain from us.

Your use of our web sites or services shows your unconditional agreement to our terms and policies. If we review our terms and policies, and you continue to use our web sites or services after the date on which any updates are effective, this will also show your unconditional agreement to any change in our terms and policies.

You should read these terms as they cover important issues such as your responsibilities when using the Equipment and Services, payment terms, rights of privacy and termination. You should also be aware of the policies on our website as you are responsible for complying with them - we update these from time to time.

These terms replace earlier agreements we have with you for the Services and Equipment. We may change these terms from time to time. You agree to check our website and be bound by such terms as are in effect at any given time. We will notify you of any changes by posting an updated version of these terms on our website. Any change we make applies from the date it is published on our website.

These terms do not apply to our Pipeline or Waverider products.

1 Definitions

In these terms: you means the customer; we and our mean Woosh Wireless Limited; the Services means the internet and phone services we provide to you and the Equipment means the equipment we provide to you in order to access the Services.

2 The Services

We will provide the Services to you as set out in these terms. To access the Services you will need to obtain the necessary equipment as set out on our website from us or our business partners (for example, a Woosh modem and gateway).

To view the special terms and conditions applying to our domain name services, click here.

Except where you have exceeded any monthly high speed data cap that applies to your use of the Services, you may change the type of Service that we provide you or the plan that you are on (for example, you may change from one pricing plan to another). You may have to pay a fee to change Services or plans (for example, if you are on a plan that has a minimum term contract and you want to change to a plan that has lower charges). You should contact the Woosh contact centre for details of these fees.

While we will do our best to provide the Services to a high standard, because of the nature of wireless communications, it is impossible for us to provide perfect, continuous or fault free Services or ensure that the coverage or speed of the Services will not vary from time to time. The quality, coverage and speed of the Services depends on your location; the configuration of any home network you may operate; the configuration of your equipment or that of your intended recipient; your use of the internet or phone, the configuration of our network (including changes to the configuration of our network), the networks of other operators to which our network is connected; radio interference, atmospheric conditions, geographic factors, network congestion, maintenance or other operational or technical difficulties which may affect the Services.

The Services require electricity to operate. To ensure the Services continue when electricity is unavailable, you should obtain an uninterrupted power supply (UPS) unit.

We will try to restore the Service as soon as possible following any planned or unplanned suspension of Services e.g. if we need to do repairs on our network (which we will endeavour to perform at times convenient to our customers) or if our network is damaged.

We may vary the Services from time to time or decide to stop providing a particular Service. We will try to notify you prior to making the variation and will tell you about any substitute service we have available.

Data download and upload speeds may be reduced once you reach the monthly data cap specified in your internet plan.

3 Equipment

Any Equipment we supply to you in order for you to use the Services

will be of an acceptable quality.
will do everything we say it will do for a reasonable period.
will be fit for all the purposes for which the Equipment is normally provided.

We retain all ownership rights to the Equipment we or any of our business partners supply you from 5 September 2005. For such Equipment, you are responsible for any loss, theft of or damage (apart from normal wear and tear); you must arrange insurance for the Equipment; you must not sell, lease, dispose of, lend or otherwise part with possession of the Equipment; you must not use the Equipment for any purpose other than to access the Services; and you must not modify or otherwise interfere with the Equipment.

For all Equipment supplied to you prior to 5 September 2005, if you have any problems with it within 12 months of obtaining it from us you may return such Equipment to us. If we are responsible for the fault we will repair or replace the Equipment. We have no other obligations in respect of the Equipment.

Where we dispatch Equipment to you, a delivery charge may apply.

4 Software

Any software we provide to you is licensed to you only for your use with the Services and is provided only for as long as you meet all your responsibilities under these terms.

If the software we provide you is faulty and, as a result, you can not use the Services we will either replace the software with software with similar functionality or refund to you our charges for the period you have not been able to use the Services.

Our responsibility applies for 30 days after we provide the software to you. After that, we have no responsibility for defects in the software.

5 Phone Numbers

If we provide phone or fax services to you, the numbers you use do not belong to you. We may change these numbers at any time (for example, for technical reasons). Before doing so, we will try to give you as much notice as possible. We will not be liable for any costs which you or anyone else may incur as a result of such change.

Subject to our approval, you may change your number from time to time. You can obtain details of any fees we may charge for this service by contacting the Woosh contact centre.

You will advise Woosh if you would like your phone number to appear in the Telecom White Pages directory. If you do not instruct us to publish your phone number in the directory, it will not appear. You will need to contact The Yellow Page Group if you wish to list your fax number.

6 Exceptions from Our Responsibilities

We are not responsible for failure of the Services which occur:

as a result of a fault with anything we have not supplied to you (for example, your computer).
because you do not use the Services correctly.
as a result of you not updating software we provide to you.
in the Equipment as a result of abuse or normal wear and tear.
because of something out of our reasonable control, such as power failure.
when you move or seek to use the Services outside our coverage area.

We have endeavoured to make the Services compatible with most software packages and computer configurations. However, we are not responsible for ensuring any Service, Equipment or software we provide you will be compatible with and will not damage your computer, phone, other equipment, software or data.

We are not responsible for:

ensuring the data you access or make available through the Services will be private, secure or free of anything which may damage your equipment or data.
the content of any information you access or make available through the Services.
ensuring that any equipment we have not provided to you is able to operate effectively with the Equipment (for example, we do not guarantee that sky digital pay per view services or home alarms will continue to operate with the Equipment).

7 Your Responsibilities

It is your responsibility to:

pay for the Services and any other amounts payable under these Terms by the due date.
make sure all information you give us is correct and kept up to date e.g. inform us when you change address.
comply with all policies relating to the Services on our website.
use the Services without annoying others (including spamming) and comply with all laws.
not allow other parties to use your account or Equipment for relaying spam email.
not distribute anything which may cause harm to others or their computer systems.
never gain or attempt to gain unauthorised access to our or anyone else's computer system or phone line.
keep your billing number, login ID, password or other security data confidential, private and secure at all times.
never resell the Services to others.
immediately report any misuse of your account or disclosure of your security data.
immediately advise us where any Equipment is lost stolen or damaged.
make sure everyone who you permit to access Services via your account or Equipment has his or her own login ID and password, and also complies with these responsibilities.
not install the Woosh Software Phone on more than one PC per Woosh Phone Line (for example, if you have two PCs at home, you must purchase a second Woosh Phone Line from us to be able to install the Software Phone on the second PC).
unless otherwise agreed, not connect to the Woosh network over more than one item of Woosh equipment (for example, either a Woosh modem or PC Card). Woosh reserves the right to charge you for any simultaneous connection.
pay us for the full replacement cost of any lost, stolen or damanged Equipment.

In addition to our other rights under these terms, we may delete or restrict access to communications transmitted via our network if you do not comply with these terms.

8 Charges

The charges for internet services include the standard monthly charges that are set out on our website and any other charges for additional Services you use (for example, activation, installation, delivery or top-up charges).

The charges for fax and phone services include the standard monthly charges set out on our website and any other charges for additional Services you use (for example, 0900 calls, collect, directory or operator assisted calls or installation charges). This means that if you call an 0900 number or make a directory services or operator assisted call, you will be charged the rate as published by the network operator that provides that number (for example, Telecom). A list of our charges for specific phone and fax services are set out on our website. The rates charged by the relevant network operator may change from time to time. It is your responsibility to check these.

All connected phone calls are charged at the published rate by rounding each call up to the nearest minute.

Our standard charges do not include installation services. Installation charges will apply where we install any Equipment for you.

We will endeavour to give you 14 days notice of changes to our charges or the introduction of any new charges by us.

You must pay for all the Services we provide you with either directly or in conjunction with other network operators (including calls to 0900 or other special numbers) no matter who uses them.

Any monthly usage rights that remain unused at the end of any given month may not be carried over to later months.

9 Payment

We will email invoices to the email address you nominate. Unless we agree another form of payment, all payments (including Equipment charges, monthly plan charges, usage based charges, delivery and installation charges) are to be made by direct debit or credit card. In order for us to process payment of these charges, you must supply your bank account or credit card details to us at the time your account is established or as soon as possible afterwards. All charges are payable in advance except where the Services are provided by us in conjunction with other network operators (for example, calls to 0900 or other special numbers) in which case we will invoice you when those charges are passed on to us.

Invoices we email to you will advise the due date of payment for the Services. If you do not pay a bill by the due date we may charge you a late payment fee (not exceeding $20 a month) and we may also suspend or restrict the Services until all due payments are made, or terminate the Services. You will pay any costs we incur in enforcing your obligations under these terms.

Please contact us if you believe there is a mistake on your invoice. We will investigate your query and let you know whether we believe there has been a mistake. If not, you must pay the invoice by the due date. You may not withhold money you believe you do not owe us or set-off sums that we owe you.

If you end any plan during a billing period, and you have pre-paid some monthly charges for that billing period, you will be credited back a portion of those pre-paid charges relating to the number of days left in the billing period.

Termination Fees

If the Services have been supplied to you under a minimum term contract (e.g. if you joined using a discounted activation fee of $99) and the plan is terminated for any reason prior to the end of the minimum term, termination does not affect your obligation to pay any applicable termination fee and any other charges you have incurred (including your standard monthly charges and any additional charges payable in arrears) which have not been invoiced prior to the date of termination.

There is an early termination fee of $99 for cancellation of our broadband services and $198 for cancellation of our broadband and phone bundle services during a minimum term contract. Any outstanding hardware payments due on your account will be payable on cancelling.

Where you are on a fixed term contract and your Woosh account is suspended for any reason, the term of your contract will be automatically extended by the time period(s) during which your account is under suspension.

10 Credit Information and Limits

At any time after you agree to purchase the Services from us, we may check your credit status with any credit reference agency and we may pass on credit information about you to any credit reference agency. If you do not provide us with the names of any credit referees when we ask for them or we are dissatisfied with the information regarding your credit status we can decline your application for the Services or terminate any plan you are on. We do not have to disclose our credit criteria or the reasons for denying any application or terminating your plan under this clause. You must comply with any credit limit that applies to your account.

11 The Consumer Guarantees Act 1993

You may have the benefit of statutory guarantees under the Consumer Guarantees Act 1993. Unless you use, or hold yourself out as using, the Services for the purposes of a business, nothing in these terms and conditions will limit or exclude your rights under the Act.

12 Our Liability

Subject to clause 11 and except as expressly set out in these terms, Woosh excludes any liability of any kind (whether in contract, tort (including negligence), equity or otherwise) to you or anyone claiming through you, relating to any loss of profits or revenue, loss or corruption of data, lost business or missed opportunities, wasted expenditure or savings you might have had, or any form of indirect or consequential loss whatsoever arising from your use of the Equipment or Services.

Subject to the exclusion of liability clause set out above, our total liability in contract, tort (including negligence), equity or otherwise, will not exceed $5,000 for any event or series of related events and $10,000 in any 12 month period.

The exclusion of liability and total liability clauses set out above are for the benefit of the following: Woosh Wireless, our officers, employees and agents and anyone else for whom any of these people are responsible

We also have obligations to our dealers, agents, suppliers and other network operators who provide interconnection services to Woosh. Those persons (and their officers, employees, contractors and agents and those of any of their related companies) will not be liable to you or anyone else for any claims, costs, damages, losses of any kind arising in any way from the Services or from your use of the Services or our network.

You will reimburse us for any loss or damage we suffer as a result of your breach of these terms. You will also reimburse us for any costs we incur in enforcing your obligations under these terms.

13 Restriction, Suspension and Termination of Services

There is an early termination fee of $99 for cancellation of our broadband services and $198 for cancellation of our broadband and phone bundle services during a minimum term contract. Any outstanding hardware payments due on your account will be charged.

Except where you have agreed to take the Services for a minimum term contract, either you or we may terminate your plan with effect from the end of the current billing cycle by notice to the other. Where you have agreed to take the Services for a minimum term contract, either of us may give notice terminating the Services at the end of that term, but not before that time except as set out in these terms.

Installation Assurance for Wireless broadband customers

Where you buy wireless services from us, we will do everything we can to provide you with a working broadband or phone and broadband service. If you are having any problems getting a reliable service established, please call our Customer Helpdesk (0800 4 WOOSH) for assistance.

If you have any issues related to our service that we are not able to solve over the phone we will send a mobile technician to you. They should resolve any issues. If however, you are still not satisfied we may provide you with a wired (ADSL) broadband service.

If, after these steps, we are not able to provide you with a reliable broadband service within 30 days of joining Woosh, you may return your equipment to Woosh and we will happily refund you any installation and monthly charges you have paid us.

If you wish to voluntarily suspend your account you may do so for up to three months at any one time and may only suspend your account once in a 12 month period. You will be charged $10 a month when your account is suspended in place of your normal phone and/or broadband monthly access fee. Voluntary suspension is only available on wireless plans.

Where you have acquired the Equipment under finance arrangements, separate termination provisions may apply to those arrangements.

Either you or we may suspend or terminate the Services immediately if the other materially breaches these terms (for example, if you attempt to transfer or assign all or part of your rights or obligations under these terms). In addition to this, Woosh may restrict the Services (for example, by imposing a toll bar on your account) if you breach these terms (for example, if you fail to pay an invoice when due). Termination will not affect our other rights and remedies, including the exclusion of liability clause above and your obligation to pay any applicable early termination fee and any other charges you have incurred (including your standard monthly charges and any additional charges payable in arrears) which have not been invoiced prior to the date of termination. Regardless of the above, we may terminate the Services immediately if we cease to provide services on our network or for any reason we believe that it is appropriate that we do so.

You must return any Equipment which belongs to us no later than 5 working days after termination of any Services. If you fail to return the Equipment, we will invoice you for the full cost to us of the Equipment.

14 Acceptable Use Policy

Woosh’s Acceptable Use Policy sets out our rules regarding your acceptable use of Woosh Services, including email, broadband internet access, personal home pages, fax, and any other products or services offered by Woosh from time to time. Woosh reserves the right to update and/or make changes to its Acceptable Use Policy by posting an updated version of the Policy on our website. You will also comply with any reasonable restrictions we impose or directions we give regarding the use of our Services.

You are responsible for all use of Woosh Services accessed by or through your account, and it is your responsibility to be familiar with Woosh’s Acceptable Use Policy and with all applicable laws, regulations, or standards relating to your use of Woosh Services.

Your use of Woosh Services must not –

facilitate, promote, or perform any fraudulent or otherwise unlawful or illegal activity
be malicious, obscene or offensive. This means you must not access, transmit, distribute, store or otherwise use any information or material which may be considered to be unlawful, threatening, intimidating, abusive, racist, hateful, or sexually explicit, or attempt to do same
store or make available on the Woosh Personal Homepages server malicious, obscene, offensive information or content, including copyright material, such as music files (i.e. MP3 files)
defame or slander another person
violate or compromise the privacy, publicity or other personal rights of any person
infringe the intellectual property rights of any person or organisation
violate or compromise the security and integrity of all or any part of the Woosh network, or attempt to do same
access, intercept or distribute to others any email or other private communications not intended for you
damage, corrupt, intercept or destroy any information or material in violation of any law or other legal right of any person or entity
interfere with or compromise or otherwise adversely affect any service to any Woosh Customer or other third party, or attempt to do same
adversely affect any communications network, equipment, software or data including without limitation by means of introducing a virus, worm, Trojan horse, denial of service attack, flooding, spamming or similar
send unsolicited emails or other electronic communications, including promotions and/or advertising, chain letters, pyramid scheme letters, bulk email or similar

Note that certain breaches of our Terms and Conditions (including the Acceptable Use Policy) may also result in civil or criminal liability. We may investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

Complaints regarding the possible breach by any Customer of its terms should be directed to abuse@woosh.co.nz

15 Privacy Policy

Your use of our website or subscription to the Services shows your consent to our collection, use and disclosure of personal information in the manner set out below. This information may include, among other information, your name, address, email address, telephone number and information on how you use our products and services.

In addition to the rights under clause 10, you authorise us to collect any personal information provided by or concerning you or your use of the Services. The information may be obtained from you and others or from within the equipment used to provide the Services. This information may also include the recording of calls between you and Woosh representatives.

You may decide whether to provide any information to us. If you do not provide the information, we may not be able to provide the Services to you.

We will only use the information, and share it with our contractors, agents, other network providers and business partners for the purposes of:

providing the Services to you
undertaking credit checks, sending you invoices and recovering money you owe us
managing the network efficiently.
improving customer services.
informing you of services available from us and our business partners (unless you opt not to receive this information).
carrying out market and product analysis.
exercising any lawful right any of us has.
assisting you to use other services provided by us in conjunction with other network operators (for example, 0900 and service calls).

We may also, if we believe necessary, provide information about you to law enforcement authorities. You may ask to see information we hold about you, and for any details that are wrong to be corrected.

Woosh is required to disclose to emergency services (police, fire, and ambulance) your phone and fax numbers, address and other contact details as required. Please ensure you promptly advise us of any changes to your address or other contact details, so that we may keep our records up to date for these purposes. We will display your phone or fax number to the recipient of any phone call you make unless you request us not to. If you would like to make such a request please contact customer services. Your number may still be displayed to us, emergency services or other services.

16 Notices

Invoices and notices will be sent by email to the address you have nominated. You will be deemed to have received a notice at the time the email is sent.

17 Transfer Rights

We may transfer or assign to any third party all or part of our rights and obligations under these terms and/ or any interest in our network. We may also subcontract to any third party all or part of our obligations under these terms. You may not transfer, assign or on-sell all or any part of your rights and obligations under these terms. If you are a company and your effective management or control is changed in any way, we may treat this as a transfer or assignment entitling us to terminate any plan you are on.

18 Privity

Third parties may take the benefit of rights expressed to be for their benefit in accordance with the Contracts (Privity) Act 1982.

19 Intellectual Property

We retain all our intellectual property rights in the Services, the Equipment, any software we provide you and the content of our website.

20 Disputes

If you have any dispute with us or the Services, please refer that dispute, initially, to the Woosh contact centre. If the Woosh contact centre is unable to resolve your concerns, the matter will be escalated to the contact centre manager.

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