Kiwi VoIP Terms of Trade and Conditions
1. Kiwi VoIP Terms of Service
1.1. These terms of service constitute the agreement between Lobo Limited (we or us) and the end user (you, your or customer) of Kiwi VoIP services. By activating or using any of the services, you represent that you are of legal age to enter this agreement and that you have read and understand the terms and conditions of this agreement.
1.2. Additional terms may apply to your use of some of our services. If so, we will tell you what those terms are. If there is any conflict between these terms and any additional terms, the additional terms will prevail.
2. Our Services
2.1. We are not obliged to provide services unless we accept your application. We can decide whether or not to accept any application.
2.2. You understand that the Kiwi VoIP VoIP’s service is not a traditional phone service and is provided on a best efforts basis. We will use all reasonable endeavours to make our services available to you at all times, however things beyond on control such as power outages or the performance of your internet connection may disrupt the service we provide.
2.3. You accept that our VoIP service is a non-complaint voice service under the Emergency Calling Code. Please note Kiwi VoIP will still use all means possible to process your emergency call. Non-compliance simply means that this cannot be guaranteed.
2.4. You accept that Kiwi VoIP might not be compatible with non-voice communications equipment such as home alarms, fax machines, Sky Digital and St John Alarms.
3. Charges and payment
3.1. All services are offered on a prepay basis. You will be billed on a monthly basis in advance for plans, access and additional services provided to you and pay as you go for all other services.
3.2. To use our services you must have a credit balance on your account. We only accept payment via credit card, debit card or online banking (we do not accept payment by cash, cheque or any other method). If the credit balance in your account is used up while you are on a call or using a Service the call or Service will be automatically disconnected.
3.3. If paying by credit or debit card the name that will appear on your statement will be Kiwi VoIP. We reserve the right to charge credit card fees sometime in the future
3.4. If you do not maintain a credit balance we can, without prejudice to any other rights we have, suspend, bar, re-direct or restrict your use of all or any of the Services (including any unused plan minutes) without giving you prior notice. If we suspend, bar, re-direct or restrict the Services all Charges will continue to apply.
3.5. We reserve the right to change our rates from time to time and if we increase any rates we will give you as much notice as reasonably possible. The latest rates are available on our website www.KiwiVoIP.co.nz
3.6. You are responsible for your account and must pay our charges regardless of whether you or someone else uses those services.
3.7. If you wish to raise a billing dispute you must notify us in email within 30 days of your account being debited or you will be deemed to have waived your right to a refund.
3.8. No refunds will be provided for any unused credit balances. A credit balance for an account that has been inactive for 6 months will be lost.
3.9. If you sign up under a company name, all directors agree that they are jointly or separately liable for any outstanding balance. This balance is payable within 7 days.
4.0. Kiwi VoIP may, at its sole discretion (and without prejudice to any other rights or remedies available to it) require you to pay, on demand, default interest on any amount outstanding at 2.5% per month accruing on a daily basis from the due date for payment until the date when payment is actually made. You will be liable to pay all expenses and costs (including legal costs on a solicitor-client basis) in connection with Kiwi VoIP recovering or attempting to recover any overdue amount.
4. Using our services
4.1. You must not use our services (or permit our services to be used) in a way that: breaks any laws or infringes anyone’s rights or in a way which is malicious, obscene or offensive.
4.2. You agree to provide us with accurate and correct information so we can provide you with the necessary services or contact you if required from time to time.
4.3. We can suspend or restrict the services we provide you at anytime if:
i) you resell any of our services;
ii) you do not use the service sensibly and within our reasonable use guidelines set out in 4.4 below;
iii) we believe that you have breached any of our terms and conditions;
iv) you do not maintain a positive credit balance on your account
4.4. Kiwi VoIP’s personal and small business plans are available on the basis of reasonable use. If you use the service in a way that is inconsistent with the normal use for your service or plan we may:
i) monitor and investigate your usage; and
ii) suspend and/or withdraw the Service; or
iii) charge our standard per minute rate for additional calls
4.5. You must keep secure any password or PIN number which is used by you to access our services and ensure that is it not disclosed to any unauthorised person. You must also change your password or PIN number if we ask you to do so.
4.6. If your service is cancelled, terminated or reallocated you will relinquish and discontinue use of any numbers, voicemail access numbers and/or web portals assigned to you by Kiwi VoIP.
5. Phone Numbers
5.1. Any phone number that we allocate to you does not become your property and does not constitute any transfer of property rights.
5.2. If we need to change your number we will send you notification by email and give you as much notice as possible
5.3. We can withdraw or terminate any number at any time without liability, particularly if you do not comply with the instructions for use provided by Lobo Limited.
5.4. You may be able to port your Kiwi VoIP number to another service provider. If you wish to do so you must contact the other service provider directly and you will be responsible for completing the Porting requirements of that service provider. We will comply with our obligations under the Terms for Local and Mobile Number Portability in relation to the porting of your number. You will be responsible for all costs associated with porting the number. 5.5. If your account is inactive for more than 3 months or disconnected and you have not ported the associated phone number(s), we may at our sole discretion reallocate the number(s) associated with your account.
5.6. If you wish your details to be available through directory assistance and/or in the phone book then we will pass your name, number and address to Yellow. You agree that Yellow can use your details for those purposes.
6. Broadband Services
6.1. This clause applies if we provide Kiwi VoIP Broadband services to you.
6.2. Your application of Service is subject to qualification check during the provisioning process. If we cannot provide the Service, you can cancel the Service order without penalty
6.3. Our plan speeds are the maximum speeds at which you are able to send data to or receive data from our network. Because we rely on other providers to deliver data to or from our network we are unable to guarantee that these speeds will be available to you. Nor can we guarantee that our Broadband services will always be available or that they can always be utilised for any particular purpose.
6.4. You must not knowingly transmit any worms or viruses or use our services in a manner which is likely to or is intended to damage or compromise the security of our network or anyone else’s network.
6.5. We do not control the information that can be accessed through the internet. Accordingly we are not responsible for any inaccurate, illegal or offensive information which may be obtained from your use of our services. We are also not liable for any viruses or other harmful code which you download via the internet.
6.6. We may install equipment and carry out other work at a customer’s premises. If we do so at your premises, then you grant to us and our contractors an irrevocable licence to enter your premises as and when we reasonably require (and you must obtain any necessary consents to such access) for the purposes of installing, maintaining, monitoring and removing such equipment or carrying out such work.
7.1. We can terminate this agreement, or the provision of any service to you, immediately if you breach any term of this agreement or if we reasonably believe that you have supplied incorrect or misleading information to us.
7.2. If this agreement is terminated for any breach or misuse of the service, you are not entitled to a refund for any credit balances on your account, unless agreed otherwise.
7.3. In order to terminate your service, you must open a support ticket requesting termination via the Kiwi VoIP live web portal. As per clause 3.5 Kiwi VoIP do not provide refunds for unused service or credit balances.
7.4 If you cancel your service a 30 day notice period is required. This is based on the average spend over the past 3 periods.
8.1. We exclude all of our liability to you in connection with us providing services to you or failing to provide services to you. Without limiting this, we are not liable to you (and nor are any of our officers, employees, contractors or agents liable to you):
i) if any communication is intercepted, not properly transmitted or received;
ii) for any disruptions or delays with the use of our services;
iii) for any delay in commencing the provision of services
iv) for any incompatibility with other services
iv) if any software or equipment we supply does not operate properly;
v) for any error in any directory listing which we arrange
vi) if your computer becomes affected by any virus or worm
8.2. We are not liable to you for any fault in, delay or non-provision of services which is caused by an event beyond our reasonable control.
8.3. If you use another service provider during any period when our service is not fully operational, we are not liable to pay any amount you are charged by that service provider.
8.4. You acknowledge that no third party whose network or services we use to supply services to you (nor any officer, employee, contractor or agent of such third party) is in any way liable to you in connection with our services.
8.5 If we are held to be liable to you for any reason, then our liability to you is limited to an amount equal to our average charges to you for one month in respect of any single event or related series of events and to a maximum amount equal to our average charges to you for a three month period in any one year.
i) If you are acquiring the Services for the purposes of a business, or if you indicate to us you are doing so, then you agree that the provisions of the Consumer Guarantee Act 1993 do not apply to any Services we provide to you under this Agreement.
ii) If you are acquiring the Services other than for the purposes of a business, then you may have the benefit of statutory guarantees under the Consumer Guarantees Act 1993. If the Act applies to you, all rights that you have under it will apply in addition to the rights set out in this Agreement. Subject to your rights under the Act and the liability cap in clause 8.5, except where we cause direct damage to your property due to our negligence, to the extent allowed by law we have no other liability to you or any other person in respect of this Agreement.
9.1. We will collect personal information from customers to provide and provision services, including but not limited to name, physical address, email address, contact phone number and credit card information.
9.2 You agree that personal information that we have obtained from you can be shared with other networks, for the purpose of monitoring and investigating fraud and other offences. We may also share your information with public sector agencies in order for them to investigate an offence.
9.3. Any personal information we collect is kept at our offices at Level 4, 110 Symonds Street, Auckland. You are entitled to see any information we hold about you, although you must pay our reasonable charge for making it available.
9.4. We utilise the public internet and third party networks to transmit voice and other communications and we are not liable for any lack of privacy with the service.
9.5. We may record or monitor calls between us to verify information and for staff training purposes.
9.6. If another Kiwi VoIP customer calls you, your name will appear on that person’s account as the called party. If you do not wish this to occur then email Kiwi VoIP support support@KiwiVoIP.co.nz.
10. Changing these terms
10.1. We can change these terms from time to time by giving you as much notice as reasonably possible. We will inform you of any change to our terms by emailing you or by providing relevant information on our website. The latest terms and conditions are available at www.KiwiVoIP.co.nz.
11.1. Kiwi VoIP will communicate with you primarily via email. Notices to you will be sent to the email address specified by you during sign up for service or as subsequently specified by you as your contact email address. We may also obtain personal information from your use of our services.
11.2. If your contact email address changes you must advise us of the new details as soon as possible.
11.3 You agree that sending a message to your contact email address is the agreed means of providing notification. Notifications include information about the service, billing, changes to services and other information. You are required to read any email send to your contact email address in a timely manner to avoid any potential disruption to your service.
12. Other Matters
12.1. These terms are to be interpreted in accordance with the laws of New Zealand. Any dispute regarding the provision of our services under these terms is to be determined by New Zealand courts.
12.2. You must not assign your rights under this agreement. We can transfer our rights and obligations under this agreement to anyone else. We will notify you if we do so.
12.3. A delay in exercising any right is not a waiver of that right. A failure to exercise a right on any occasion does not prevent any subsequent exercise of that right.
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