Terms and ConditionsUpdated 4 days ago
By subscribing to Mythical Fibre's services, you acknowledge and accept these Terms & Conditions. Please read them carefully before activating or using any service.
1. The Contract
1.1. These Terms & Conditions, together with your online application and any agreement to transfer services to Mythical Fibre, form the basis of our contract with you. If you use our internet services, the ISP-specific terms set out in Section 12 also apply.
1.2. We may update our prices, terms, and conditions from time to time. Current versions are always available at mythical.co.nz and will be notified to you in writing where required. Any change to the prevailing rate of GST will result in a corresponding adjustment to quoted prices regardless of any fixed-term contract in place. Your continued use of our services after any change takes effect constitutes acceptance of the updated terms.
1.3. In this document, "Mythical Fibre", "we", "our", and "us" refer to Mythical Fibre Limited trading as Mythical Fibre. "You" and "your" refer to our customer. "Services" refers to the internet services we provide under this contract. Headings are for reference only and do not affect interpretation.
2. Our Commitment to You
2.1. Once connected to our network, we aim to provide consistently reliable, good-quality services. Service quality may be affected by radio interference, atmospheric conditions, geographical factors, network congestion, maintenance, outages on third-party networks, and configuration limitations. We do not guarantee a fault-free service or the integrity of all data transmitted. Where disruptions occur, we will work to restore services as quickly as possible.
2.2. IMPORTANT — Emergency Calling: Mythical Fibre provides broadband-only connections with no landline. You must ensure you have an alternative means of contacting emergency services at all times.
2.3. We may change how you access our network from time to time and will advise you of any such changes in advance.
2.4. We may choose and change the carriers used to deliver our services at our discretion, without prior notice, where it does not materially affect the service we provide to you.
2.5. All customer support is provided online. You can lodge a support request via My Mythical Fibre / Support Requests at mythical.co.nz or by emailing [email protected]. We do not offer telephone support.
3. Your Responsibilities
You agree to:
- Pay for all goods and services we provide to your account, regardless of who uses them.
- Ensure all information you provide to us is accurate and complete.
- Comply with all applicable laws governing the use of our services.
- Comply with requirements of any other carrier whose network is used to deliver your services.
- Use our services only for their intended purpose and in accordance with our instructions.
- Ensure anyone using your service abides by these terms.
- Not resell any Mythical Fibre services or products without our express written permission.
- Not use our services for any abusive, illegal, or fraudulent activity.
- Provide necessary information and access to enable us to manage your services, accounts, and phone numbers.
- Allow reasonable access during normal business hours to our employees, contractors, and representatives to perform work required for the commencement, operation, and continuance of your service. Where possible, we will arrange an appointment in advance.
- Accept responsibility for any loss, theft, or damage (beyond fair wear and tear) to Mythical Fibre equipment located at your premises, including the cost of repair or replacement.
3.2. You are responsible for ensuring all communications directed into our network relate only to services you have ordered from us. You must ensure no calls are routed onto our network for services you have agreed to take from another carrier, and that no pre-programmed calling procedures are installed on or linked to your equipment. You will be liable for our charges in conveying any such communications, and we accept no liability for any discount or benefit you would have received had you met these obligations.
4. Invoices & Notices
4.1. We will deliver invoices and notices to your most recent postal or email address. Emailed invoices may be attached directly or accessed via a link. A posted invoice is deemed delivered five business days after posting; an emailed invoice is deemed delivered two days after sending.
4.2. If you change your postal or email address you must notify us in writing immediately. If you fail to do so, you remain responsible for all charges accruing against your account at the last address we hold on record.
5. Payment
5.1. You agree to ensure sufficient funds are available on your nominated debit or credit card on the day you sign up and on the first day of each month thereafter (or the next business day in the event of a public holiday or other interruption), in accordance with your chosen plan.
5.2. If a payment is dishonoured due to insufficient funds, we may charge you a dishonour fee in addition to a late payment fee at the rate applicable at the time. We may also recover all legal and other reasonable costs incurred in collecting any overdue amount.
5.3. OVERDUE ACCOUNTS: If your account remains unpaid or overdue, we reserve the right to charge you for an additional period of up to 30 days from the date the original payment was due. This charge covers the ongoing cost of service provision and account maintenance during the overdue period. Interest may also accrue on unpaid balances at the rate applicable at the time. We will notify you before applying this charge where reasonably practicable.
5.4. We may charge you for a period of up to 6 months (180 days) in arrears where we have incorrectly invoiced you, or where charges have been received from other network operators or telecommunications service providers.
6. Credit Limits & Minimum Charges
6.1. We reserve the right to impose a credit limit on your account and will advise you if you are approaching that limit. If you exceed your credit limit at any time, we may suspend your services until the balance is reduced.
6.2. We reserve the right to charge a minimum monthly fee to cover the cost of maintaining dormant or low-spend accounts. This will be advised at the time of joining or with a minimum of 30 days' notice for existing customers.
6.3. Prudential Deposit: We may require you to hold a prudential deposit on your account in advance as a condition of us providing or continuing to provide services to you. The amount required will be advised at the time of application or, for existing customers, with a minimum of 14 days' notice. Any prudential deposit held will be applied against future invoices or refunded upon termination of your account.
7. Dispute Resolution
7.1. If you genuinely dispute a charge, you must pay all undisputed amounts and notify us of the disputed charges — including supporting evidence — by emailing [email protected] within 30 days of the date of the relevant invoice. Claims made outside this timeframe will not be recognised.
8. Suspension & Disconnection
We may suspend or disconnect your service(s) if:
- You fail to meet any of your responsibilities under this contract;
- A carrier alters its service in a way that affects our ability to provide your services cost-effectively or at all;
- An emergency or other situation arises where another carrier or appropriate authority considers suspension necessary to protect persons, systems, or property.
A reconnection fee may apply where we agree to reopen a suspended service.
9. Termination
9.1. If you do not pay any invoice by its due date, or fail to make a payment under an agreed payment plan, we may suspend or terminate services and our contract with you with immediate effect.
9.2. If you fail to meet your responsibilities under this contract, we may suspend or terminate services with immediate effect.
9.3. We may also end this contract for any reason by giving you a minimum of one month's written notice.
9.4. Ending this contract does not release you from any obligations or liabilities that arose before the termination date.
9.5. You may cancel your service at any time by giving 30 days' written notice via My Mythical Fibre / Support Request / Cancellation at mythical.co.nz, or by emailing [email protected]. If you transfer a service to another provider without notifying us, we will continue to charge for that service for 30 days from the date the service departed.
9.6. On termination, all amounts owed to us become immediately due and payable. We are not liable for any loss or damage suffered by you on or following termination.
10. Exclusion & Limitation of Liability
10.1. If our service fails and you use a service provided by another carrier, we are not responsible for that carrier's charges.
10.2. We accept no liability for any loss or damage — including indirect or consequential loss — caused by a carrier suspending or interrupting its service to us, or by any other cause beyond our reasonable control.
10.3. We also exclude all other liability to you for acts or omissions by us, our directors, employees, agents, representatives, and contractors. This includes direct and indirect losses, loss of profits, loss of revenue, and loss of opportunity. These exclusions apply for the benefit of any carrier allowing us to use its network, under the Contracts (Privity) Act 1982.
10.4. To the extent permitted by law, if we or any carrier is found liable to you, our liability is limited at our discretion to one of the following: (a) re-supplying the relevant services or paying the cost of doing so; or (b) replacing, repairing, or paying the cost of replacing or repairing any relevant goods.
10.5. If you are a residential customer, these exclusions and limitations do not affect any rights you may have under the Consumer Guarantees Act 1993. If our services are used for business purposes, you agree the Consumer Guarantees Act 1993 does not apply to this contract.
11. General Provisions
11.1. Privacy: We may collect information about you for the purposes of this contract. You may choose not to provide information, but this may limit our ability to deliver services. We may share your information with contractors, agents, carriers, credit reporting agencies, debt collectors, and law enforcement as required. All information is held at PO Box 6302, Upper Riccarton. You may access, update, or correct your information under the Privacy Act 2020.
11.2. Assignment: We may assign or transfer our rights and responsibilities under this contract to another party with written notice to you. You may not assign or transfer your rights or responsibilities without our prior written consent.
11.3. Subcontracting: We may subcontract performance of any of our responsibilities to a third party.
11.4. Severability: If any provision of this contract is unenforceable, the remaining provisions continue in full force.
11.5. Passwords & Security: You are responsible for keeping any username, password, or PIN confidential and for all charges resulting from use of your account, whether authorised by you or not. You must report any disclosure or loss of login credentials to us immediately. You agree to indemnify Mythical Fibre against all claims, damages, or expenses arising from use of your credentials by any person.
12. ISP Terms & Conditions
These ISP Terms apply in addition to the general terms above and govern your use of our internet service.
12.1. By registering an internet account and accessing our service, you confirm you have read, understood, and accepted these ISP Terms. If you do not agree, please do not use the service.
12.2. Unless stated otherwise in our offer to you, you are responsible for providing any telephone line, modem, computer, hardware, software, and equipment required to access the service, and all associated costs.
Fair Use Policy
12.3. A Fair Use Policy applies to some services where your usage can affect that of other customers. We have developed this policy by reference to average usage profiles across our customer base.
12.4. We may issue a warning or suspend your services if, in our reasonable opinion, your usage is excessive or unreasonable by materially exceeding average usage patterns over any month. Where reasonable, we will provide 30 days' notice before taking action.
12.5. If excessive or unreasonable use continues after we have requested you modify it, we may — without further notice — apply additional charges, restrict your usage, or withdraw your access to our services. If we terminate a fixed-term contract early as a result, an early termination fee may apply.
12.6. For unlimited internet plans, Mythical Fibre reserves the right to modify the connection speed or behaviour of individual users who are found to be in the top 1–5% of usage and whose usage is negatively impacting network performance for other users. We will seek to communicate with you first and may suggest a more suitable plan before exercising any restriction rights.
Content & Acceptable Use
12.7. Mythical Fibre does not supervise, edit, or control content on the internet and accepts no responsibility for material you access via our service. We disclaim all liability for content you may find offensive, defamatory, or otherwise unsuitable.
12.8. You are not permitted to operate servers from the service, on-sell this service, or send spam or bulk mail. We reserve the right to charge a clean-up fee of up to $200 per incident to address the consequences of unauthorised bulk mail activity.
Confidentiality
12.9. We will make reasonable commercial efforts to protect your confidentiality. However, you should not assume your use of our services is confidential. Where we reasonably believe your use is defamatory, contrary to community standards, or illegal, we reserve the right to disclose that activity to any person, including law enforcement. We may review your usage to ensure compliance with these terms or to assess applicable charges.
Copyright — Infringing File Sharing
12.10. Under the Copyright (Infringing File Sharing) Amendment Act 2011, Mythical Fibre is obliged to issue infringement notices and, where necessary, terminate the service of any customer found to be illegally accessing copyrighted material via file sharing.
12.11. Liability for copyright infringement rests with the account holder, regardless of who paid the bill or who used the service with or without your permission.
Governing Law
12.12. These Terms & Conditions are governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts in relation to any dispute or proceeding arising from this contract.
Mythical Fibre Limited | PO Box 6302, Upper Riccarton | [email protected]