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Voice Services Terms

These terms cover all voice phone calling services we provide, no matter how they are delivered to you or your premises.

For the avoidance of doubt, a voice service is any service that provides the ability to make and receive telephone calls using a public telephone system and public telephone numbers, and excludes any other feature, service or upgrade not specifically related to delivery of those functions.

  1. The subscriber is responsible for all charges attributable to and must pay our charges regardless of whether they or someone else used those services.
  2. Subscriber agrees to notify us immediately, in writing or by calling our Support Team, if you become aware at any time that Services are being stolen or fraudulently used.
  3. You are responsible for all usage charges attributable to your account, even if incurred as the result of fraudulent or unauthorized use by third parties, until you report the theft or fraudulent use of the Services. You are responsible for your account and must pay our charges regardless of whether you or someone else uses those services.
  4. You are solely responsible for securing all passwords and access numbers to guard against and prevent unauthorized access to Services by third parties.
  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.
  6. Our 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, but are not obligated to, detect or report unauthorized use or fraudulent use of Services:
    1. We may monitor and investigate your usage; and
    2. suspend and/or withdraw the Service; or
    3. charge our standard per minute rate for additional calls
    4. You agree to save, defend, indemnify and hold us harmless from all claims, costs, liabilities and damages arising out of such fraudulent or unauthorized use.
  7. 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
  8. 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.
  9. We can suspend or restrict the services we provide you at any time if:
    1. you resell any of our services;
    2. you do not use the service sensibly and within our reasonable use guidelines set out below;
    3. we believe that you have breached any of our terms and conditions.
  10. Our Fair Use policy applies to our voice services.
  11. Any phone number that we allocate to you does not become your property and does not constitute any transfer of property rights. Having said that if the number allocated to you is a portable landline number then you may port that number to an alternate provider at any time under the conditions laid out in section below.
  12. If we need to change your number we will send you notification by email and give you as much notice as possible.
  13. We can withdraw or terminate any number at any time without liability.
  14. You may be able to port your phone 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.
  15. We do not provide Priority Assistance Service as defined in the Communications Alliance Industry Code ACIF C609:2007 “Priority Assistance for Life Threatening Medical Conditions”. The Code states ‘There are currently no regulatory obligations on providers other than Telstra that require the offering of Priority Assistance to Customers’.
  16. Where your voice service from us may be used for contacting NZ emergency services, you must review the information we have published about maintaining access to contact 111 Emergency Services in New Zealand, and take all appropriate steps for your situation to ensure you can access those services. You consent to the terms we have published at the /access-to-111/ link on this website, and you are responsible for ensuring you notify us if you have special requirements for access to emergency services as per the information at that site. You also consent to us using your contact information to provide information to you about maintaining access to contact 111 Emergency Services in New Zealand.
  17. If you have purchased a digital voice service, you agree you have reviewed the information we have published about maintaining access to contact 111 Emergency Services in New Zealand and taken all appropriate steps for your situation to ensure you can access those services.
  18. You must provide all equipment, wiring and underlying services necessary to consume our voice services, except where the service you have purchased from us specifically includes the required item. This includes but is not limited to: telephone handsets, copper wiring and telephone jack points, an internet connection, network wiring, a PBX system, access and consent for installation of physical items required.
  19. PBX services are not included but may be purchased separately
  20. None of these services are considered to be part of a voice service, except where separately purchased: Call waiting, call minder, voicemail, caller ID, call routing, call forwarding, faxing, text to speech or speech to text, fax to email or email to fax, simultaneous calling, IVRs, attendants, voice menus, recordings, hold music.
  21. You understand that the VoIP or Digital Phone 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 our control such as power outages or the performance of your IP connection to our service may disrupt the service we provide. Should there be an interruption in the power supply or ISP broadband outage, the Service will not function until power or the outage is restored, and may require the Customer to reset or reconfigure equipment prior to utilizing the Service.
  22. You accept that our voice service might not be compatible with non-voice communications equipment such as alarms, fax machines, cable and medical alarms.
  23. All rates and fees are in NZ Dollars. 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 upon request from our Support Team.
  24. Account queries, disputes and refund requests must be raised in accordance with our standard Terms and Conditions of Trade.
  25. 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.
  26. 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):
    1. if any communication is intercepted, not properly transmitted or received;
    2. for any disruptions or delays with the use of our services;
    3. for any incompatibility with other services;
    4. if any software we supply does not operate properly; and
    5. for any equipment or network failures.
  27. 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.
  28. 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.
  29. 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.
  30. Nothing in this clause limits any rights you have as a consumer or business under New Zealand Law.

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