MOBILE TERMS AND CONDITIONS (2DEGREES NETWORK) - Kiwi VoIP

These terms (Mobile Terms), in addition to the standard Kiwi VoIP Terms of Service (Standard Terms) and any other specific terms and conditions we notify you of (together, the Agreement), set out the basis in which Kiwi VoIP (referred to throughout these Mobile Terms as “Kiwi VoIP“, “we“, or “us“) provides Mobile Services to you (Services). To the extent of any inconsistency between these Mobile Terms and the Standard Terms, these Mobile Terms will prevail.

These Mobile terms apply if you signed up to a Kiwi VoIP mobile service on or after [01/09/2023] or have migrated to the 2degrees Network. If you signed up before [01/09/2023] or have not migrated to the 2degrees Network, please refer to the Kiwi VoIP (Spark MVNO) Mobile Terms and Conditions.

This Agreement commences on the date of activation of your account, or in respect of customers who have migrated from the Spark Network to the 2degrees Network, the time in which you have elected and successfully migrated to, the 2degrees Network.

A: MOBILE SERVICES
Please ensure you have read and understood our Fair Use Policy, which forms part of the Kiwi VoIP Terms of Service, Kiwi VoIP Porting Terms and Conditions, Kiwi VoIP Broadband Terms and Conditions and Kiwi VoIP Mobile Terms and Conditions (as applicable).

1. We provide Mobile Services via the 2degrees Network. The Services are only available within the coverage of the 2degrees Network.
2. Where we provide a Service to you that is subject to specific terms and conditions, those terms and conditions will form part of this Agreement. If there is any inconsistency between these Mobile Terms and any specific terms and conditions applicable to you, the specific terms and conditions will prevail.
3. 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 2degrees SIM card to connect and use the Mobile Services.
4. In order to receive the Services you must configure the “network selection” setting of Mobile Device as specified by Kiwi VoIP or the Mobile Services may not work.
5. Kiwi VoIP will try its best to provide quality Mobile Services. However, 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 to, geographic conditions and physical obstructions, weather conditions, the number of people trying to use the Network at the same time or faults in the Network or other networks used by Kiwi VoIP to provide the Mobile Services. Kiwi VoIP cannot guarantee continuous or fault-free Mobile Services, which means you may not receive all of the Services in all areas all of the time.
6. 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. Coverage and Services can also change as our Network partner continues to manage, build, develop and improve the 2degrees Network. Managing the Network include prioritising certain types of traffic over other traffic at times of congestion.
7. 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.
8. Not all mobile phones and devices can receive all the Services and some mobile phones and devices may not be compatible with the 2degrees’ Network. We only agree to provide Services to you when you use a mobile phone or device of a make and model that is compatible with the 2degrees Network and which is approved by Kiwi VoIP and 2degrees on the 2degrees Network. 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.
9. We may restrict or prevent the use of voice over internet protocol (“VOIP”) or message over internet protocol (“MOIP”) communications on the 2degrees Network, where your use of such communications would cause degradation or impact the performance of the 2degrees Network.
10. Kiwi VoIP will use its best endeavours to maintain security of information, but it cannot guarantee that information received or sent using the Mobile Services will always be secure.
11. Kiwi VoIP will try to prevent viruses or other manipulating programs from harming your Mobile Device, but will in no event, be responsible if any harm occurs.
12. Kiwi VoIP may alter information sent by you when using the Mobile Services in order to enable delivery to the recipient.
13. 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.
14. 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(m).
15. The Services may be changed, suspended or removed by us and/or new Services introduced from time to time. If we do so, we will notify you and you may be entitled to end this Agreement in accordance with clause 15.
16. We can at our discretion impose credit limits for your use of the Services where you no longer meet our credit criteria or have failed to make any required Payments on your Account. We will try to notify you as soon as possible if we impose such limits. We may restrict your use of the Services without prior notice if you exceed any credit limit. You remain liable for all Charges incurred in excess of your credit limit.

B: 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 you comply with all applicable laws, regulations, standards and codes (including but not to the Privacy Act 2020, Fair Trading Act 1986, Copyright Act 1994, Defamation Act 1992 and the Crimes Act 1961) when using the Services, and not infringe a third party’s rights.
3. 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;
4. 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;
5. Not use and must ensure that no person uses a Mobile Device or the Mobile Services for any illegal or fraudulent purposes, including spamming, causing a nuisance, mail bombing, publishing any offensive or unlawful material, harvesting information about others, creating a false identity, accessing or uploading any Content which breaches a third party right, or any other similar activity. We may immediately cease providing the Services to you if you do so;
6. Use only Mobile Devices and accessories approved for use with our Mobile Service and which comply with all relevant legislation and regulations;
7. Follow the reasonable directions and guidelines (including any Fair Use Policies) that Kiwi VoIP provides regarding the use of the Mobile Services;
8. 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
9. 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;
10. 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;
11. Agree to make sure every person who uses the Mobile Service complies with the obligations and responsibilities set out in the Agreement;
12. The Mobile Services are for your use only. You may not gift, resell or assign them;
13. 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;
14. 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;
15. You must not use any Mobile Device which masks or in any way alters the true point of origin or termination of any call or other transmission over the 2degrees Network;
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 a 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 indemnify us against all loss, costs, liabilities and expenses that we incur as a result of any breach of this Agreement by an End User acting under your Account, and any claim, suit or proceeding made or brought against us as a result of an End User’s use of the Services under the Account that is not in accordance with your obligations under this Agreement;
19. 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;
20. Using or agreeing to use the Services does not give you any rights in any part of the Services. You must not resell or otherwise deal in any way with the whole or part of the Services;

C: INFORMATION SUPPLIED BY YOU

1. To use the Services you agree to provide Kiwi VoIP with all information reasonably requested with the Services or these Mobile Terms.
2. You covenant that all information you provide to us in relation to your Account, including during the set-up process to Activate your Account, is true and correct and you undertake to provide us with such factual information that we reasonably consider necessary from time to time. We reserve the right to request original documentation. You agree to procure from each End User their authorisation for the collection, disclosure and use of personal information about the End User by us.
3. You must advise us when any of your personal information changes (for example if you change your name, email address, contact details or address) or any personal information changes in respect of any End User(s) as we may require from time to time.
4. If we suspect that information supplied to us is false, or that information about a person has been supplied without their knowledge or consent, we may delay the Activation of your Account, or suspend any affected Account or the Services, while we investigate. If we are satisfied there has been no breach of this clause 3 we will activate the Account(s) or reinstate the Services. If we are not satisfied we may immediately terminate this Agreement. You acknowledge that you will have no claim against us in respect of any delay or refusal to activate your or any other Account, the termination of your or any other Account, or the suspension of your or any other Account or the Services as a result of this clause.

D: PLANS

1. The entitlements included in your Plan:
  1. Cannot be redeemed for cash, phone equipment, early disconnection charges or other Charges or anything else, and cannot be transferred or assigned;
  2. Expire on termination of these Mobile Terms, at which point unused entitlements will not be refunded or redeemed, and will be forfeited on disconnection by you;
  3. Cannot be used if Services have been suspended to you or by you under these Mobile Terms or if you have exceeded any credit limit applicable to your Account; and
  4. Are subject to further terms and conditions applying to the particular Plan (if any).
2. DataSome 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 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.
3. Calls and TextsUn talk and text is for standard person-to-person calls and texts to standard NZ numbers. Premium and special numbers are excluded. Un 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.
4. VoicemailVoicemail is one of the Services we provide.
5. You will be required to set up a 4 digit voicemail PIN to activate your voicemail account. Your voicemail PIN will be used by you to control access to your voicemail account. You are responsible for keeping your PIN and all other information relating to your voicemail account confidential at all times.
6. Unplayed messages will be stored in your voicemail account for 30 days only and will then be deleted. Your voicemail account will be de-activated after 60 days of inactivity (i.e. where no messages are deposited or retrieved). We may also limit the length and number of messages which may be stored in your voicemail account.
7. Calls to your voicemail account from your Mobile Phone will be charged. You are responsible for all access to your voicemail account and for any Charges incurred as a result. See 2degrees.nz for our voicemail charges.

E: FAIR USE

1. All of the Services are subject to the Fair Use Policy set out in this clause 5.
2. Your use of the Services must be fair, reasonable and not excessive, as reasonably determined by us by reference to average and/or estimated typical customer usage of the Services. We will consider your usage to be excessive and unreasonable where it:
  1. materially exceeds the average and/or estimated use patterns over any day, week or month (or other period of time as determined by us); and
  2. causes us to incur additional costs or affects the performance of the 2degrees Network or affects another 2degrees’ customers’ use of or access to the Services (Excessive Usage).
3. Where we offer any included Services under a Plan or other Service (such as included voice or video calls, text or picture messages, data transfer and internet use via the 2degrees Network), such use is offered for your individual private and personal use and benefit only. In no case does any Service allow for activities aimed at making profit or reselling the Service or using the Service in an unfair or excessive way and any such use of the Services by you is a breach of this Agreement. Furthermore, the use of all Services is permitted only through a Mobile Phone. Use of Services through PBX or any other line connected to a computer for the purpose (or any other purpose) of making a large number of voice and video calls and/or sending a high volume of data and/or simultaneously sending text or picture messages is not permitted.
4. For the avoidance of doubt, fair use of our Services excludes activities such as auto-dialling, premium services, continuously call forwarding, telemarketing, call centres or other activities that use our services for commercial gain and use of Cellular Trunking Units (including SIM boxes and GSM gateways).
5. If in our reasonable opinion we consider your usage to be Excessive Usage or in breach of this Agreement we may immediately suspend, modify or restrict your use of the Services or withdraw in full or in part your access to the Services without notice to you.

F: 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. The terms and conditions on which you may use overseas networks will depend on your Mobile Device, the country you are visiting and the terms and conditions of the network operators whose networks you connect in each country. The terms and conditions and charges of those other network operators will apply in addition to this Agreement.
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. Charges for Roaming Services will be debited to your Kiwi VoIP account.

G: PHONE NUMBERS

1. Phone Numbers are allocated to you by Kiwi VoIP or another Telecommunications Service Provider for use on the 2degrees Network and do not belong to you or any of your users.
2. If you are Porting a Phone Number for use on the 2degrees Network from another Telecommunications Service Provider you confirm that you have the authority to request the Porting of that Phone Number, or have the relevant consent from the individual who has the rights to that Phone Number, to request the Porting of that Phone Number. You will be liable for any loss or damage resulting from a breach of this obligation.
3. 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). We may be required by law, under contracts with other Network Operators or for other reasons to change the Phone Number(s). We will give you notice in accordance with clause 16 if we need to change your Phone Number.
4. If you change the Phone Number we allocate to you to another Phone Number selected by you from us (not being a Phone Number Ported by you), and we find the selected Phone Number for sale within six months of when the SIM card using that Number was activated, we may disconnect your connection(s) to the Services without prior notice. 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.

H: LOST OR STOLEN MOBILE DEVICE OR SIM CARD

1. You must keep your Mobile Phone and SIM card secure at all times. If your, or your End User’s, SIM card is lost, stolen, damaged or destroyed or is used or likely to be used without your authority, then contact Customer Care immediately and request a complete or partial suspension of your Account and/or Connection. Once the suspension is applied, no further Services can be accessed by anyone using the affected SIM card and further Charges cannot be incurred under that SIM card on your Account.
2. If your, or your End User’s, Mobile Phone is lost or stolen then as well as suspending your Account and/or Connection in accordance with clause 4(a), you can also blacklist the affected Mobile Phone by calling Customer Care. Once the Mobile Phone is blacklisted, no person will be able to use that Mobile Phone on the 2degrees Network or another New Zealand mobile network. Mobile Phone blacklisting alone will not prevent further unauthorised use of Services or the accrual of further Charges under your Account, you must suspend the SIM card to prevent unauthorised use of Services under your Account.
3. Once you or your affected End User has recovered the lost or stolen SIM card or Mobile Phone, you can request any suspension or blacklisting to be removed by contacting Customer Care.
4. You will be responsible for any Charges incurred on your Account up until the time that you request that we suspend your Account and/or Connection in accordance with clause 4(a). We are not liable for any loss you may suffer as a result of the loss, theft, damage, destruction or unauthorised use or misuse of your Mobile Phone or SIM card, unless they are in our care at the time.
5. During any suspension of your Account and/or Connection you will remain liable for any outstanding Charges and any applicable specific Services terms and conditions will continue to apply to you.
6. If a SIM card associated with your Account is lost or stolen and your Account and/or Connection is suspended in accordance with this Agreement we will, if requested by you, transfer your Account to a replacement SIM card issued to you by us. We reserve the right to charge a reasonable fee for any replacement SIM card issued to you and for completing any transfer.

I: CHARGES, BILLING AND PAYMENT

1. Charges for calls, SMS, and MMS 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 Services may be impacted.
7. You are liable for all Charges incurred on your Account, no matter who incurs them or how they are incurred.
8. If you use your Mobile Device while you are overseas you will incur charges from the Network Operator(s) in the relevant roaming country. These charges will be reflected in your Bill. Please note that minute or other entitlements which may be included in any Plan or roaming add on will not apply when you use your Mobile Device overseas. Roaming charges will vary between Network Operators and may be subject to change from time to time.
9. We may change our Charges from time to time. If we increase any Charge we will give you at least 30 days’ notice in accordance with clause 15. You can always check the latest charges at www.KiwiVoIP.co.nz. If you do not agree to the changes, you must notify us within 30 days of receiving notice from us and may terminate the Service which is the subject of the changes. If we do not hear from you, or 30 days since Kiwi VoIP gave notice has lapsed, you will be deemed to have accepted the increase in Charges.

J: LIMITATION OF LIABILITY

1. If you are acquiring the Services for the purposes of a business, or if you indicate to us you are doing so, then we both acknowledge and agree that:
  1. we are each ‘in trade’;
  2. any Services or Mobile Devices or other goods supplied to you and acquired by you under this Agreement are done so for a business purpose; and
  3. the statutory guarantees and implied terms, covenants and conditions contained in the Consumer Guarantees Act 1993 are excluded to the fullest extent permitted at law, and do not apply; and
  4. 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, Two Degrees Mobile will have no liability to you in connection with the Mobile Services.
3. 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.

K: SIM CARD

1. Any SIM Card we issue to you or which otherwise comes into your possession remains our property. You must return it to us in good condition and within 30 days of termination of this Agreement, or otherwise if requested by us, and we reserve the right to charge you a reasonable fee if you fail to do so.

L: EQUIPMENT

1. We do not warrant that any Mobile Device or other equipment supplied to you by someone else, and which has not been approved by us, will be compatible with the 2degrees Network or will support your use of the Services. We are not obliged to take any action to enable access to any of the Services.
2. If any Mobile Phone or other equipment supplied to you by someone else does not work properly, you need to contact the equipment supplier or manufacturer, rather than us, about the problem, which may be covered by the warranty (if any) offered by the relevant supplier or manufacturer.

M: CONTENT

1. Content which you may access or is provided to you (Third Party Content), using the Services, is for your personal use only. You may not forward, copy, reproduce, re-sell or distribute Third Party Content or interfere with it in any way. You acknowledge that this obligation is also expressly for the benefit of our Agents and approved third party suppliers.
2. We may monitor Content originating from you or accessed by you using the Services and remove any Content that we consider to be inappropriate, illegal or in breach of the rights of any third party. We are not responsible for any Content, or for any loss whatsoever that you may suffer in connection with your accessing any Content that does not originate directly from us.
3. You agree that you are responsible for ensuring that you have the right to send all Content that you send when using the Services. We may alter Content that you send using the Services in order to enable the delivery of that Content to the recipient.

N: PRIVACY

1. You agree that we and our agents can collect personal information about you and the way in which you are using the Services (among other things) and use the information as set out in the Kiwi VoIP Privacy Policy. Please ensure you have read and understood our Privacy Policy, which forms part of our Agreement with you and is published by us at www.KiwiVoIP.co.nz/privacy.
2. You acknowledge 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 procure each end users authorisation to Kiwi VoIP’s collection, disclosure and use of personal information about him or her by us on like terms as set out in this clause 14, and to advise them of any rights they may have under the Privacy Act 2020.

O: TERMINATION OF THIS AGREEMENT AND SUSPENSION OF THE SERVICES

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 in line with clause 15(d) below.
3. 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
  3. manage the suspension or interruption of the Mobile Services with a view to minimising the impact to you.
4. Without limiting any of its other rights or remedies under these Mobile Terms, Kiwi VoIP may (without limiting any of its other remedies) suspend or terminate the provision of the Mobile Services for any one or more mobile connection:
  1. Immediately without notifying you if:
    1. make abusive, offensive or nuisance calls or communications (including spam), or use any of the Services in an offensive way;
    2. you are abusive or offensive to our staff, our agents or any other person;
    3. we suspect you are using the Services for any unlawful activity;
    4. you continue to use the Services in breach of our Fair Use Policy after we have requested that you cease doing so;
    5. you tamper with or modify any SIM card issued to you by us or,
  2. immediately by notifying you if:
    1. you are in breach of the Agreement (including but not to fraud, failure to comply with Kiwi VoIP’s reasonable directions, interference with the Network etc) and (i) we have notified you of the breach and you have failed to remedy the breach within 14 days, or (ii) the breach is material and cannot be remedied;
    2. you fail to pass any credit check which we may reasonably consider necessary from time to time; or
    3. you become insolvent or bankrupt or make any arrangements with creditors to go into liquidation or become subject to an administration order or a receiver is appointed over your assets or if we have good reason to believe you are unable to pay the Charges.
5. Where your account and/or any connection(s) to a Service is terminated for a reason that is not due to an unlawful act or omissions, or material breach of these Mobile Terms by Kiwi VoIP, then you must pay us on termination:
  1. any applicable early termination charges; and
  2. all Charges incurred up to the date of disconnection/termination; and
  3. any outstanding Charges and other moneys payable under these Mobile Terms.
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. We reserve the right to charge you a reconnection fee before you are able to recommence using the Services and in some cases, you may need to buy a new SIM card.
7. If you feel that we are in material breach of these Mobile Terms (including by way of an unlawful act or omission) then you must give us written notice setting out the alleged breach in sufficient detail to allow us to conduct an investigation. If you are satisfied that we have materially breached these Mobile Terms and have failed to remedy that breach within 28 days of receiving your notice, then you may immediately terminate this Agreement. On termination you may remain liable for all or a portion of your outstanding Charges as determined by Kiwi VoIP on a case by case basis.
8. Notwithstanding anything else in these Mobile Terms, we may terminate these Mobile Terms and your account for any reason by giving not less than 30 days prior notice and in this case you will not have to pay an early termination charge. You will only be required to pay any other outstanding Charges incurred up to and including the date of termination.

P: NOTICES AND CHANGES TO THESE TERMS AND OUR SERVICES

1. We may change this Agreement and/or vary any Service at any time in accordance with this clause 16.
2. If we reasonably believe that a change is likely to benefit you or have no or a neutral impact on you, we may make that change without giving you prior notice.
3. For any changes to these Mobile Terms, the Charges and/or Services that are considered to be material and detrimental to you, we will give you 30 days’ notice before making that change.
4. For any changes to these Mobile Terms, the Charges and/or Services that may be detrimental to you, we will give you at least 10 days’ notice, and where possible we will try to give you 30 days’ notice before making that change.
5. Clauses (c) and (d) do not apply if the change arises from, or relates to, a regulatory or legislative charge outside our control (for example a tax or levy imposed by law), or is in response to a change by a third party supplier (such as another network operator).
6. Requests for termination under clause (c) and (d) must be made within 30 days from the date we notify you of the change. If you continue to use the Services after this period, you are deemed to have accepted the change.
7. We reserve the right to make urgent changes to this Agreement if required by law or for security or technical reasons.
8. If we are required to notify you of a change under this clause 16, we may do so by bill insert, email, voicemail or text message. Notice of changes may also be posted on our website www.Kiwi VoIP.co.nz. Please check our website regularly for updates.

Q: 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:

1. 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.
2. Network Operator – means any entity with whom 2degrees 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.
3. Mobile Device – means a mobile or other cellular telecommunications device.
4. Phone Number – means a Mobile Device number which is either allocated to an End User by 2degrees or which the Customer or an End User ported or is seeking to port.
5. Plan(s) – means a plan for each user containing a bundle of Mobile Services (e.g. calls, texts, data) for a fixed Charge.
6. 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.
7. Mobile Services – means the mobile services provided by Kiwi VoIP as set out in these Mobile Terms.
8. 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.