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These Terms of Service (“Terms”) constitute the agreement between Lobo Limited, trading as Kiwi VoIP (“we,” “us,” or “our”), and you (“you,” “your,” or “Customer”) regarding the use of our telecommunications services. By activating or using our services, you confirm that you are of legal age and have read, understood, and agree to these Terms.
1.1 In these Terms:
2.1 We reserve the right to accept or decline any application for Services at our discretion.
2.2 Kiwi VoIP services are provided on a “best efforts” basis and are not equivalent to traditional phone services. Service availability may be affected by factors beyond our control, including power outages and internet connectivity issues.
2.3 Our VoIP service does not fully comply with the Emergency Calling Code. While we make every effort to process emergency calls, we cannot guarantee their reliability.
2.4 Kiwi VoIP services may not be compatible with non-voice communication devices (e.g., home alarms, fax machines, Sky Digital). We are not liable for any issues arising from such incompatibilities.
3.1 Billing: Services are provided on a prepay basis. You will be billed monthly in advance for plans and on a pay-as-you-go basis for other charges. Our current hourly support rate is $180 per hour.
3.2 Payment Methods: You must maintain a positive credit balance to use our Services. We accept payments via credit card, debit card, or online banking. No cash or cheque payments are accepted.
3.3 Credit Depletion: If your credit balance is depleted during a call or service usage, the call or service will be automatically disconnected.
3.4 Credit Card Fees: The name appearing on your credit card statement will be “Kiwi VoIP.” We reserve the right to introduce credit card fees with prior notice.
3.5 Non-Payment: If you fail to maintain a positive credit balance, we may suspend, restrict, or terminate your Services without notice. Charges will continue to apply during any suspension.
3.6 Rate Changes: We may adjust our rates from time to time. Any rate changes will be communicated in advance, and the latest rates will be available on our website.
3.7 Billing Disputes: If you wish to dispute a charge, you must notify us in writing within 30 days of the charge. No refunds will be given for unused credit balances.
3.8 Inactive Accounts: Unused credit on accounts inactive for 6 months will be forfeited.
3.9 Company Accounts: If the account is registered under a company name, all directors are jointly and severally liable for any outstanding balances.
3.10 Late Payment Interest: We may charge interest on overdue balances at a rate of 2.5% per month, accruing daily. You are responsible for any legal or collection costs incurred.
3.11 Reconnection Fee: A fee of $20 per service may apply if your service is reconnected after suspension for non-payment.
4.1 You must not use our Services for unlawful activities or in ways that infringe others’ rights or are malicious, obscene, or offensive.
4.2 You agree to provide accurate information to us and update it as necessary for service provision.
4.3 We may suspend or terminate your Services if:
4.4 Reasonable Use: Personal and small business plans are subject to reasonable use policies. Excessive usage inconsistent with normal use may result in monitoring, suspension, or additional charges.
4.5 Security: You are responsible for keeping passwords and PINs secure. If requested, you must update your credentials.
4.6 Service Termination: If your service is terminated, you forfeit any phone numbers, access codes, or web portals provided by Kiwi VoIP.
5.1 Phone numbers provided by us remain our property and do not become your property.
5.2 We may need to change your phone number and will notify you in advance.
5.3 Phone numbers may be reallocated if your account is inactive for more than 3 months.
5.4 You may port your number to another provider at your own expense.
6.1 Service provision is subject to a qualification check.
6.2 Plan speeds represent maximum possible speeds; actual performance may vary due to factors outside our control.
6.3 You must not use our Services to distribute viruses or compromise network security.
6.4 We are not responsible for the content accessed via the internet or for any malware you may download.
6.5 We or our contractors may require access to your premises for equipment installation, maintenance, or removal.
7.1 We may terminate your Services immediately if you breach any part of this Agreement.
7.2 To terminate your Services, you must submit a support request. Please email helpdesk@kiwivoip.co.nz and accounts@kiwivoip.co.nz. A 30-day notice period applies, and no refunds will be provided for unused credit.
8.1 We are not liable for any interruptions, delays, or failures in Services except in cases of gross negligence.
8.2 Our liability is limited to the average monthly charges for your Services.
8.3 You agree to indemnify us against any claims, damages, or losses arising from your use of the Services.
9.1 We collect personal information to provide Services. You may request access to this information at any time.
9.2 We may share your information with third parties to prevent fraud or comply with legal obligations.
9.3 We may monitor or record calls for quality assurance and training purposes.
9.4 We do not guarantee privacy over the internet or third-party networks.
10.1 We reserve the right to update these Terms. We will notify you of any changes via email or our website.
11.1 We will communicate primarily via email. It is your responsibility to keep your contact information up to date.
11.2 Notices sent to your contact email address are considered received by you.
12.1 These Terms are governed by New Zealand law. Any disputes will be resolved in New Zealand courts.
12.2 You may not transfer your rights under this Agreement. We may transfer our rights to a third party.
12.3 Failure to enforce any part of these Terms does not waive our right to enforce them later.
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