MOBILE TERMS AND CONDITIONS

Kiwi VoIP MOBILE TERMS AND CONDITIONS

These terms (Mobile Terms) apply if we provide Mobile Services to you, in addition to the standard Kiwi VoIP Terms of Service (Standard Terms), which also apply to the Mobile Services. To the extent of any inconsistency between these Mobile Terms and the standard Kiwi VoIP Terms of Service, these Mobile Terms will prevail.

  1. MOBILE SERVICES
    1. We provide Mobile Services via upstream providers as a mobile virtual network operator.
    2. The Mobile Services allow your users to make and receive local, national and international calls and text messages and consume mobile data (when within our mobile network coverage area) using a Mobile Device. Your users must use a Kiwi VoIP SIM card to connect and use the Mobile Services.
    3. Kiwi VoIP will try its best to provide quality Mobile Services. But, because of the nature of mobile telecommunications networks, at times our ability to do so will be affected by factors outside of our control including, but not limited to, geographic conditions and physical obstructions, weather conditions, the number of people trying to use our Network at the same time or faults in our Network or other networks used by Kiwi VoIP to provide the Mobile Services. Kiwi VoIP cannot guarantee continuous or fault-free Mobile Services.
    4. The quality, speed and coverage of the Mobile Services also depends partly on your Mobile Device, partly on the Network and partly on other third party telecommunications networks.
    5. The Mobile Services may be unavailable at times due to maintenance, repairs, upgrades or modifications to the Network or other networks used to provide the Mobile Services. Where it is within our control, we will try to keep such unavailability to a minimum.
    6. If new features or changes to the Mobile Services (for example, 5G) require new or upgraded Mobile Devices or other equipment, you will be responsible for obtaining this at its cost.
    7. Kiwi VoIP will try to maintain security of information but cannot promise that information received or sent using the Mobile Services will be secure.
    8. Kiwi VoIP will try to prevent viruses or other manipulating programs from harming your Mobile Device, but will not be responsible if harm occurs.
    9. Kiwi VoIP may alter information sent by you when using the Mobile Services in order to enable delivery to the recipient.
    10. You must be on the Kiwi VoIP APN to receive the Mobile Services and need to ensure that each of your users:
      1. accept any request from Kiwi VoIP to join that network; and
      2. follow any instructions or directions from Kiwi VoIP for changing the settings on their Mobile Device in order to be on the Kiwi VoIP APN.
    11. Kiwi VoIP reserves the right to suspend Mobile Services in whole or in part (including stopping data usage) to any user who does not move to the Kiwi VoIP APN in accordance with clause 1.10.
  2. CUSTOMER RESPONSIBILITIES
    To use the Mobile Services you must (and must ensure that each of your users):
  1. comply with the obligations in these Mobile Terms;
  2. ensure that the things you do when using the Mobile Services are legal, not fraudulent and above board by complying with all applicable laws, regulations, standards and codes, including, but not limited to, the Privacy Act 1993, Fair Trading Act 1986, Copyright Act 1994, Defamation Act 1992 and the Crimes Act 1961, and not infringe a third party’s rights.
  3. provide Kiwi VoIP with all information reasonably requested in connection with the Service or these Mobile Terms and ensure that all information provided is accurate and complete;
  4. keep confidential, and not disclose to any other person, any PIN or other access code feature used by, or allocated to, you in connection with the Mobile Services;
  5. not use and must ensure that no person uses, a Mobile Device or the Mobile Services in a way that interferes with any other person’s use of the Mobile Services;
  6. not use and must ensure that no person uses a Mobile Device or the Mobile Services to spam, mail bomb, publish any offensive or unlawful material, harvest information about others, create a false identity, access or upload any Content which breaches a third party right, or any other similar activity;
  7. use only Mobile Devices and accessories approved for use with our Mobile Service and which comply with all relevant legislation and regulations;
  8. follow the reasonable directions and guidelines (including any Fair Use Policies) that Kiwi VoIP provides regarding the use of the Mobile Services;
  9. not do anything or introduce anything (including any virus) that may damage or harm the Network, equipment or any third party’s network or equipment
  10. never interfere, or connect any non-approved equipment to any part of the Kiwi VoIP Network unless authorised in writing by Kiwi VoIP to do so;
  11. authorise us or a person approved by us to remotely access a Mobile Device in order to perform any tasks that in our opinion are reasonably necessary to maintain, alter or protect the integrity or performance of the Kiwi VoIP Network or the Mobile Services or where Kiwi VoIP has been directed to do so by law;
  12. agree to make sure every person who uses the Mobile Service complies with the obligations and responsibilities set out in the Agreement.
  13. The Mobile Services are for your use only. You may not gift, resell or assign them.
  14. You are responsible for the use of and security of access to all Mobile Devices of your users and you are liable for all Charges under this Agreement whether incurred by your users or someone else using or accessing a Mobile Device or SIM (with or without your knowledge or authority). This includes when your Mobile Device or SIM has been lost or stolen, and prior to us activating a block on your Mobile Device or SIM.
  15. You must ensure that each Mobile Device and SIM is kept secure at all times. Kiwi VoIP recommend that you use a PIN and other access code features provided with a Mobile Device and SIM to ensure that only your users are able to access and use the Mobile Services. You must keep all such PINs and access codes confidential at all times. Kiwi VoIP may assume that any request or instruction it receives is authorised by you if it is made from your Mobile Device.
  16. If a PIN is entered incorrectly three times in a row, the SIM will automatically block and it will not be possible to use it unless it is unblocked. To unblock the SIM an user will need a PUK1 Code, which they can obtain from the SIM packaging or by contacting Kiwi VoIP Support. If an end user continues to block a SIM by incorrectly entering the PUK1 Code the SIM will be rendered useless after 10 attempts and the user will lose names, numbers and other information stored on it. A new SIM will be required if the user wishes to continue using the Mobile Services.
  17. You must inform Kiwi VoIP immediately if any Mobile Device or SIM is lost, stolen or damaged. You will remain liable for all Charges incurred in relation to the use of a Mobile Device or the SIM up to the time you inform us that the Mobile Device or SIM is lost or stolen, whether the Charges have been incurred by you or someone else. If a Mobile Device is lost, stolen, damaged or destroyed, a new Mobile Device and/or SIM will be required for that user to continue using the Mobile Services.
  18. You must comply with the End User Terms set out in Appendix 1 (End User Terms) and must procure that each of your users agrees to the End User Terms before being connected and complies with the End User Terms throughout the term of your agreement.
  19. You indemnify us against all loss we suffer or incur as a result of any action, proceeding, claim or demand that is made, threatened or commenced by any of your users against us or our suppliers which relates directly or indirectly to the provision of the Mobile Services, including us holding or using information in accordance with these Mobile Terms.
  20. If a Regulatory Event occurs, we may vary any of the Mobile Services or the Charges or any other provision of these Mobile Terms to the extent that we deem it appropriate, terminate our agreement with you, or cease providing the Mobile Services. We will give you such notice of the Regulatory Event and any variation, termination or withdrawal of service as is reasonably practical in the circumstances and where possible at least 30 days’ notice.
  1. MOBILE DATA
    1. Some plans, packs and extras have a slow data component. This means that each user will have a certain amount of max speed data as specified in each user’s plan (for example, 5GB). This is each user’s max speed data allowance. Once each user has used all their max speed data allowance, they may have slow data for the rest of their service period, but speeds will be limited per the plans definition. This may vary from plan to plan, and will impact the users experience. Each user will still be able to use data like before, but may experience some degradation (such as lower video resolution) when watching video, streaming or loading images.
  2. FAIR USE
    1. You must use the Mobile Services fairly. This means you agree to use them in a way that is not overly excessive or unreasonable. This policy is based on how most people use the service and helps us make sure everyone using it gets to enjoy it. If we, acting reasonably and in good faith, believe your use is excessive and unreasonable, we might need to restrict the service or stop providing it to you.
    2. Unlimited talk and text is for standard person-to- person calls and texts to standard NZ numbers. Premium and special numbers are excluded. Unlimited talk and text cannot be used for multiple simultaneous calling, re-supply, call centre usage, telemarketing, bulk messaging, application-to person communication, continuously call forwarding, auto-dialling, machine to machine communication (including by using the SIM card in any other device), Cellular Trunking Units (CTUs), or any other activity that Kiwi VoIP considers to be non-standard personal usage.
  3. MOBILE ROAMING
    1. Roaming services allows use of your Kiwi VoIP Mobile Service in a country other than New Zealand (Mobile Roaming).
    2. Visit our website to see the countries where you can use Roaming Services.
    3. Mobile Roaming is disabled by default on Kiwi VoIP Mobile. To enable Mobile Roaming please open a support ticket. Kiwi VoIP do not guarantee acceptance of your request.
    4. When using Roaming Services for outgoing calls, you will be charged at the overseas network operators’ rates. The charges vary and change without notice, so please check overseas pricing before enabling Roaming Services.
    5. When using Roaming Services, promotional offers, minutes or other entitlements which may come with your Plan may not apply. Please contact Kiwi VoIP support before you leave New Zealand to check. You may need to purchase a roaming add on otherwise you will be charged our roaming casual rates.
    6. Charges for Roaming Services will be debited to your Kiwi VoIP account.
  4. PHONE NUMBERS
    1. Phone Numbers are allocated to you by Kiwi VoIP or another Telecommunications Service Provider and do not belong to you or any of your users.
    2. You may Port any one or more Phone Numbers to another Telecommunications Service Provider. You must contact the Telecommunications Service Provider you wish to Port to and complete the Porting requirements of that Telecommunications Service Provider. We will comply with our obligations under the Terms for Local and Mobile Number Portability in relation to the Porting of the Phone Number to the other Telecommunications Service Provider. You will be responsible for all costs associated with Porting the Phone Number (including any applicable early termination charges owed).
    3. We may be required by law, under contracts with other Network Operators or for other reasons to change the Phone Number(s). Kiwi VoIP will do our best to give you notice of any change required. Kiwi VoIP will not be liable for any costs which you, or anyone else, may incur as a result of such change.
    4. If Kiwi VoIP disconnects a mobile connection and you have not Ported or transferred the Phone Number(s) prior to disconnection, Kiwi VoIP may re-allocate the Phone Number(s) to another customer.
  5. CHARGING AND PAYMENT
    1. Charges for calls and SMS made from each Mobile Device are included within the subscribed plan or charged at our published casual rates if outside that plan. Generally, there is a minimum one minute charge for each call and calls are charged by the minute.
    2. Charges for Mobile Data/Mobile Broadband used from each Mobile Device are included within the subscribed plan or charged at our published casual rates if outside that plan. Mobile Data/Mobile Broadband usage and charges are calculated based on usage per session and billed in 10KB blocks, rounded up to the nearest 10KB at the end of each session, with a minimum charge of 1c per session if chargeable. (Where: 8 bits (b) = 1 Byte (B); 1024 Bytes = 1 Kilobyte (KB); 1024 KB = 1 Megabyte (MB)).<
    3. Calls are charged at the rate applicable when they are commenced. Data is charged at the rate applicable at the start of the applicable data session.<
    4. Kiwi VoIP will bill you monthly in advance for SIMs and the mobile monthly plan charges for each service. Charges for services outside the subscribed plan will be charged to the customer account as close to real time as possible. You must maintain a positive account balance to avoid service restriction.<
    5. Kiwi VoIP may at any time set credit limits for each mobile connection or for your account as a whole. Once set, Kiwi VoIP may restrict the Mobile Services provided to any one or more mobile connections in accordance with that limit.<
    6. If you have no credit on your Kiwi VoIP Account or have no quota remaining on an active Mobile Plan your ability to use the service may be impacted.<
    7. You must pay the charges no matter who incurs them or how they are incurred.<
    8. We may vary our charges from time to time. If we increase any charge we will give you at least 30 days’ notice. You can always check the latest charges at www.kiwivoip.co.nz. If you do not agree to the changes, you may terminate the Service which is the subject of the changes.<
  6. LIMITATION OF LIABILITY
    1. You agree that you are using the Mobile Services for the purposes of a business and that the Consumer Guarantees Act does not apply. Sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply to any Mobile Service supplied to the you under these Mobile Terms and you acknowledge it is fair and reasonable to exclude such provisions.
    2. The limitations of liability in the Standard Terms apply to and include all Kiwi VoIP officers, employees, agents, contractors and Network Operators involved in providing the Service. Without limiting the above, Lobo Limited TA Kiwi VoIP will have no liability to you in connection with the Mobile Services.
    3. If you obtain a Mobile Device other than from Kiwi VoIP and it does not support all of the Mobile Services we offer, we are not obliged to take any action to enable access to any of the Mobile Services.
    4. Neither party has any liability to the other under or in connection with the Mobile Service or these Mobile Terms, unless the notice of the claim has been given within 12 months after the circumstances giving rise to the claim became reasonably discoverable.
  7. PRIVACY
    1. You agree that any users of your mobile connections will provide Kiwi VoIP with personal information and Kiwi VoIP will obtain additional personal information from the use of the Mobile Services. You agree to obtain the consent of every individual who uses the Mobile Services to every provision of this clause in respect of Kiwi VoIP’s use of personal information.
    2. You agree Kiwi VoIP may use personal information about mobile plan users and disclose it to third parties if required to provide the Mobile Services, for credit checking, for collection and or to communicate with you about current and future Mobile Services (including other Network Operators providing Kiwi VoIP with services to enable Kiwi VoIP to provide the Mobile Services to Customer). You agree that personal information can be shared with other Network Operators, for the purpose of monitoring and investigating fraud and other offences. Kiwi VoIP may also share personal information to law enforcement agencies where required by law or in response to a bona fide request in connection with an investigation.
    3. You may request access to your personal information (although we may charge a fee for making it available) and request that any incorrect information be corrected.
    4. Kiwi VoIP may record or monitor calls from mobile plan users to verify information and for staff training.
    5. Kiwi VoIP may include personal information about your users in a telephone or similar directory or directory enquiry service provided or operated by Kiwi VoIP or a third party unless you tell us not to.
    6. You acknowledge that, in providing the Mobile Services to the Customer, Kiwi VoIP and other suppliers or Network Operators providing services to Kiwi VoIP to enable the Mobile Services may transfer information about Customer (including personal information of mobile plan users) to countries outside of New Zealand, that may not have the same levels of legal protection for personal information.
  8. TERMINATION AND SUSPENSION
    1. You may discontinue the Mobile Services in respect of any one or more mobile plan by cancelling the service via the Kiwi VoIP web portal.
    2. The plan connection will end on the 30th working day after we receive the cancellation notice or a port notification from another provider. At Kiwi VoIP’s option, some Mobile Services may be terminated sooner.
    3. For each connection terminated by you, you must pay:
      1. any early termination charges; and
      2. all Charges incurred by connection to the date of disconnection; and
  • any outstanding Charges and other moneys payable under these Mobile Terms.
  1. Kiwi VoIP may suspend the provision of Mobile Services for any one or more mobile connection due to any unplanned or emergency maintenance, any unplanned unavailability of or interruption to, the Kiwi VoIP Network or the network of one or our suppliers or in order to provide or safeguard service to any emergency or other essential services. In such event, Kiwi VoIP will use its reasonable efforts to:
    1. give you as much notice as reasonable practicable reasonable of such suspension;
    2. keep you informed in relation to the suspension or interruption of the Mobile Services; and
  • manage the suspension or interruption of the Mobile Services with a view to minimising the impact to you.
  1. Kiwi VoIP may (without limiting any of its other remedies) suspend the provision of the Mobile Services for any one or more mobile connection determined by Kiwi VoIP during any period where you are in breach of the Agreement (including but not limited to fraud, failure to comply with Kiwi VoIP’s reasonable directions, interference with the Network etc) for so long as such breach remains unremedied.
  2. 6 Following suspension of the Mobile Service by Kiwi VoIP, where Kiwi VoIP is satisfied, acting reasonably, that the breach has been remedied, Kiwi VoIP will use its best endeavours to promptly reinstate the Mobile Services.
  1. DEFINITIONS

Defined terms in the Standard Terms have the same meaning in these Mobile Terms unless expressed to the contrary. In these Mobile Terms, unless the context otherwise requires:

Charges – means all monthly access charges, data usage, call or message charges and all other fees payable in accordance with the Plan, these Mobile Terms and as otherwise specified by Kiwi VoIP. Unless otherwise stated, all prices exclude GST.

Network Operator – means any entity with whom Vocus has entered into an supply or interconnection agreement or arrangement (directly or indirectly) providing for the passing of customer generated or customer destined communications between us and that entity.

Mobile Device – means a mobile or other cellular telecommunications device.

Phone Number – means a Mobile Device number which is either allocated to an End User by Vocus or which the Customer or an End User ported or is seeking to port.

Plan(s) – means a plan for each user containing a bundle of Mobile Services (e.g. calls, texts, data) for a fixed Charge.

Regulatory Event – means any legislative or regulatory change (including any determination, direction or decision by a regulatory authority or the introduction of, or change to, any regulations, reference offer or undertaking) that directly or indirectly has the effect of:

  1. materially altering the terms of these Mobile Terms or the Standard Terms;
  2. making the operation or performance of these Mobile Terms or the Standard Terms impractical;
  3. materially altering the burden (financial or otherwise) of Kiwi VoIP or a Network Operator providing services to Kiwi VoIP to enable the provision of the Mobile Services under these Mobile Terms; or
  4. causing Kiwi VoIP or any Network Operators supplying services to Kiwi VoIP to enable the Mobile Services (voluntarily or otherwise) to materially alter its operations or structure.

Mobile Services – means the mobile services provided by Kiwi VoIP as set out in these Mobile Terms.

SIM card – means the Subscriber Identity Module on a Mobile Device connected to the Kiwi VoIP network and includes any SIM card issued by Kiwi VoIP.

APPENDIX 1: END USER TERMS

RESPECTING OTHERS

When using Kiwi VoIP services, you must not interfere with anyone else’s equipment or services, and you must respect Kiwi VoIP’s and others’ intellectual property rights. You must also respect our staff, and not threaten, bully, or harass our staff, or anyone else (when using our services). Never interfere with the reasonable use of our services by our other customers.

RESPECT OUR NETWORKS AND EQUIPMENT

You must not do anything or introduce anything, like a virus, that could interfere with, damage, or harm our networks or equipment. Do not connect anything, like a phone or modem, to our network unless it has a telepermit or Kiwi VoIP label on it (or we tell you otherwise). If you lose, steal, or damage any part of our network or equipment, you might have to pay the repair or replacement costs. This will also apply to you if someone you are responsible for or someone using your services causes loss or damage to our network. It is up to you to make sure your in-home wiring and non-Kiwi VoIP equipment does not interfere with the services we provide to you.

FOLLOW THE LAW

Make sure that the things you do when using our services are legal and above board by complying with all applicable laws, regulations, standards and codes when using our services, including, but not limited to, the Privacy Act 1993, Fair Trading Act 1986, Copyright Act 1994, Defamation Act 1992 and the Crimes Act 1961, and not infringe a third party’s rights.

FAIR USE BY YOU

You must use our services fairly.

This means you agree to use them in a way that is not overly excessive or unreasonable. This policy is based on how most people use the service and helps us make sure everyone using it gets to enjoy it. If we, acting reasonably and in good faith, believe your use is excessive and unreasonable, we might need to restrict the service or stop providing it to you.

USING THE SERVICES AS THEY ARE DESIGNED

Follow all Kiwi VoIP’s reasonable directions about the use of our services.

Obtain any authorisation, licence or consent Kiwi VoIP think is necessary for us to provide the service to you (such as resource management or building consents).

Do not use the services, or content or anything else provided by us or available on our websites, in any way that implies an endorsement, sponsorship or association by us with any product, service, person or entity.

Make sure anyone else who uses the services we provide to you, or does anything relating to them, also meets your responsibilities. You can take steps to prevent unauthorised use of your services (for example, depending on the services, by using passwords, PIN numbers, toll barring options and/or other security measures to control who gains access to and uses your service). You will not be responsible and liable for any unauthorised use of the services if such use is a result of our breach of contract or negligence.