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Terms and conditions of Trading Agreement For VoIP Phones

1. Binding Agreement

·         These terms and conditions apply to each and every person who agrees to do business with CONNECTING LTD .

2. Definition

  • Business Day: Monday to Friday, excluding weekends and public holidays

  • Goods/Products: VoIP, Hosted PBX, VoIP Phones and the services associated with these three.

  • Contract/ Agreement: An agreement between Connecting Ltd and the Consumer of goods/products from Connecting Ltd.

  • Connecting faulty product replacement process: the process of replacing faulty or malfunctioning products.

  • Account: Your personal account with us which includes records of your usage (including any usage by End Users, where applicable), payments and outstanding Charges in respect of any Services provided to you in accordance with this Agreement

  • Account Owner: The Connecting Ltd customer who is responsible for the particular account and his/her/Company  liable for all Charges payable under this Agreement

  • Invoice/ Bill : A monthly statement of your charges.

  • Billing Date: The date Connecting Ltd sends you a bill.

  • Charges/ Cost/fees: means all monthly access fees, services fees and usage fees payable in according to the terms of any Service and any extra fees incurred by you in respect of the Services, including premature disconnection fees and any Plan transfer fees.

  • Customer Care: The Connecting Ltd customer service team, you can contact them through the following numbers  0800679901/00649746614.

  • Late payment fees: is the ASB base commercial overdraft rate after the Due Date is crossed. It will be determined by us or 2% of the total bill.

  • Miscellaneous fees: Any charges for any extra services as quoted to you and agreed by you in a formal agreement or online agreement.

  • Due Date: means the date on which you have to pay your bill without incurring a late payment fee.

  • Customer: A genuine and identifiable individual who uses our services/products.

  • Fair Use Policy: means the policy set out in clause 10 of this Agreement

  • GST: The Goods and Services Tax in New Zealand as per the Goods and Services Act 1985.

  • Payment: paying your bill through either: online banking, credit card or direct debit.

  • Plan: A chosen service selected by you from us.

  • Privacy Policy: refer to our privacy policy

  • Services: means the Voip services made available by us and/or our Agents or approved third party suppliers to you over the Connecting Network, including any Plan or Value Pack

  • We/Us: means Connecting Ltd

  • Agents/third party: A person or an organisation whom we give the authority to promote our products or services.

  • Business plan: means plans for business customers

  • Home plan: means plans for residential customers.

  • content: information,images, sounds, software, data or any other materials available through our services


3. Commencement of Agreement

  • The Agreement commences on the date of Activation of your Account.

  • When you subscribe to our services (or any Plan) for a fixed term then in respect of those Services (or Plan):

    • This Agreement will continue for the duration of that fixed term, including the period of any suspension of your Account, unless that suspension was requested by you in accordance with Connecting Ltd clause in which case the period of any such suspension will be added onto the fixed term.

    • If you terminate this Agreement or end your fixed term Service (including any fixed term Plan) before the end of the fixed term you may have to pay an early termination fee. Details of early termination fees can be obtained by contacting Customer Service.

    • If you transfer to a new Plan before the expiry of any existing fixed term, you may have to pay a plan transfer fee. Details of Plan transfer fees can be obtained by contacting Customer Service.

    • On expiry of your fixed term Services your connection to the Connecting Network will continue on the same terms and conditions as the fixed term Services but on a month to month basis until terminated by you or us in accordance with clause 25, or otherwise in accordance with this Agreement.


4. Activation

  • You will be required to activate an account either by accessing your connection and completing the account set-up process. In each case you will need to successfully complete any application form/online quote and credit check as required by us. In certain situations Connecting Ltd (or our agents) may activate your account on your behalf.

  • You must be over 18 and have a valid email address to apply for an account. You must also have a valid form of ID.

  • The decision to activate you account lies solely with us. We do not accept any liability coming from our declining to activate the account, or any decision to terminate the account.

  • We may impose conditions on your account from time to time. These conditions may be imposed prior to or after activation, and may include, but are not limited to, a mandatory payment method, depositor credit limit.


5. Credit Check

  • The activation of your account depends on how you cooperate with us during this process and the credit check process.

  • You are agreeing to authorise us to check your credit status with any credit reference agency or agencies which we appoint, also you are agreeing to give your details for the credit check to these agencies. We do not accept responsibility in the accuracy of information we receive about you from any credit reference agency. You must contact that agency directly if you are dissatisfied with any information supplied to us.

  • We may decline or will not be able to activate your account for any reason, including if you do not give us the names of any credit referees when we ask them, or you do not meet our credit criteria. We may also terminate your account or refuse to provide any Service to you if you fail to meet any further credit check that we may carry out after activation. We are not obligated to disclose our credit criteria or the reasons for any decisions we make in respect to your credit status.

  • We may require a security money deposit and/or impose certain conditions on your account if you need more or additional services to add to your account , we may ask you to provide us with further credit referee(s) and/or security money deposit and/or we may restrict your credit limit or other conditions on your Account.


6. The Services

  • You can connect to other people through Connecting voip service by making and receiving local, national and international calls, and accessing the other Services we provide.

  • The maximum length of any call you make is 120 minutes. If you reach this limit the call will be terminated. Then you can redial the same number and talk for a further 120 minutes.

  • Visit www.connecting.net.nz for all our Services, including our Plans and Value Packs, and any specific terms and conditions which apply to a particular Service.

  • Where we provide a Service to you, including through a Plan or Value Pack, that is subject to specific terms and conditions, those specific terms and conditions will form part of this Agreement. If there is any inconsistency between these terms and conditions and any specific terms and conditions applicable to you, the specific terms and conditions will take precedence.

  • Not all phones and devices can receive all of the Services and some phones and devices may not be compatible with the Connecting Service. We only agree to provide Services to you when you use a Voip phone or device of a make and model that is compatible with the Connecting Service and which is approved by Connecting for use on the Connecting service. You are responsible for obtaining a compatible Voip phone, other device or equipment required by you to use the Services


7. Your Responsibilities

  • You must use the Services in the way described in any user guide, policy, specific terms and conditions that are applicable or other instructions issued by us and must ensure that everyone you are responsible for also meets your responsibilities under this Agreement.

  • You agree not to use your Voip Phone or the Services to make abusive, offensive or inappropriate calls or communications (including spam) for any illegal or fraudulent purpose. We may immediately cease providing Services to you if you do not adhere to this.


8. Information supplied by you


  • You are in agreement that all information you provide to us in relation to your account, including during the setup 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. Subject to clause 24, you are in agreement which gives us the authority with to collect or disclose your personal information.

  • You must advise us when any of your personal information changes. For example if you change your name, email address, contact details or address.

  • If we suspect that information  about you supplied to us is false, or that information about a person has been supplied without their knowledge or consent, we may temporarily suspend the activation of your account. If we are satisfied there has been no breach of this clause 8, 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 the Services as a result of this clause.


9. Voicemail

  • Voicemail is one of the Services we provide.

  • You will receive voicemails to your email account as an audio file.


10 . Fair Use Policy


  • All of the Services are subject to the Fair Use Policy set out in this clause

  • Use of the Services must be feasible and not excessive, as reasonably set out in agreement with us. We will consider your usage to be excessive and unreasonable if it materially exceeds the average and/or estimated use patterns over any day, week or month

  • Where we offer any included Services under a Plan or other Service (such as hosted PBX or internet use via the connecting 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.

  • If your usage is not feasible we may immediately suspend, change or restrict your use of the Services or disconnect in full or in part your access to the Services without any verbal or written notification to you.

  • We may fine you for misuse of our service. For a list of our normal calling rates please visit www.connecting.net.nz


11. Plans

  • You will be able to choose your plan from a list of plans which are available on our website. Please visit www.connecting.net.nz

  • You may cancel your existing plan and change to another plan if you wish. Please note that there will be an early termination or plan transfer fee. It is your responsibility to check whether any terms and conditions apply to your plan before you change it or transfer it. Also it is your responsibility to check the terms and conditions of the new plan you are changing to.

  • The entitlements included in your plan cannot be redeemed for cash, phone equipment, early disconnection fees or other charges.

  • The entitlements included in your plan expire on cancellation or breach of this Agreement,  any unused entitlements will not be refunded or redeemed, and will be cancelled on disconnection by you.

  • The entitlements included in your plan cannot be used if Services have been suspended to you or by you under this Agreement or if you have reached any credit limit applicable to your account.

  • The entitlements included in your plan are subject to any further terms and conditions applying to the particular plan.


12. Hardware

  • If you acquired a Voip Phone, any associated hardware or equipment from us or from any of our third parties or agents, then they are covered by the manufacturer’s warranty (if any).

  • If there is any physical damages occurred to any equipments that you rent from us .we will recover the cost of  it from you.


13. Charges and Billing

  • The charges for the Services are set out in any specific terms and conditions which apply to a particular plan, or other Service. Unless stated otherwise you will be billed on a monthly or pre- pay basis in arrears for the Services provided to you.

  • Every call will be charged by the minute, with part minutes rounded up to the next whole minute. Each call you make or service you use will be charged at the normal calling rates sepecified by us from the date the service commenced and will be subject to the specific terms and conditions for normal calling rates, unless specified otherwise in any specific terms and conditions of any plan or other service.

  • There is a chance we may choose to change our calling rates and other charges associated with our services from time to time.We will also notify you in accordance with clause 28 of this Agreement if we do so. We will allocate you a Billing Date on Activation. Your plan charges will be calculated  from the date of Activation until your first Billing Date.

  • We will send to you your Bill on or very soon after your Billing Date by email. We reserve the right to change your Billing Date and to send you interim Bills.Your Bill will include the amount payable by you for the Calls and /or Services or Plans used by you and the Due Date for payment.

  • You can view your bill any time by logging into your account online from our website. We will not be responsible if you have not received your bill for any particular reason.

  • You are responsible for all the costs incurred under your account no matter how they incurred. For example you will be responsible for all the charges even if someone else uses your voip phone if it was stolen.

  • We have the right to charge you a standard fee if you request information about calls or any other of our services which are not included in your plan or in the agreement.

  • You are also liable for our reasonable additional costs incurred to collect any overdue bills from you. This is applicable even if your service has been suspended at your request or otherwise.

  • We may charge a standard account administration fee in relation to any connection(s) to the services for example providing statements, producing separate bills for the same account holder. We are liable to refund any unused security money deposits at the end of this agreement or  at our discretion

  • Please inform us if there is an error in your bill, however you must pay the bill amount before or by the due date. We will correct the error in your bill in the next bill to you.

  • We can use any money we owe you to recover any outstanding charges incurred by you.


13. Payment

  • You must pay the amount set out in your Bill by the Billing Date or Due Date.

  • If payment has not been made by the due date, a 2% interest fee will be charged on all amounts outstanding, until we receive full payment.

  • We accept your bill payment by credit card, direct debit card, online banking. No other methods of payments will be accepted by us.

  • We may reserve the right to charge an administration fee for any late or dishonored payments.

  • If you do not pay your bill by the due date we have the right to suspend or restrict our services to you without any prejudice.


14.  Consumer Guarantees Act

  • 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.

  • 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 15, 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.


15. Limitation of Liability

  • To the maximum extent permitted by law we exclude any liability of any kind to you or anyone claiming through you for indirect, special or consequential loss, loss of profit, loss of revenue, loss of business or missed opportunity, wasted expenditure or lost savings arising from or in connection with your use of the Services or otherwise in connection with this Agreement, including but not limited to:

           (i) your connection to the Connecting Limited Network or the Content or any Service we provide

         

           (ii) failure, interruption or delay in the supply of, any Service, or any part of them or

                any negligence regarding this.

         

          (iii) the fitness of all or any of the Services for any particular purpose;

         

          (iv) the inaccurate transmission of any call; and

         

          (v) your use of the land phone, voip phone or internet services

            (whether authorised or not).

  • If we are found liable to you under this Agreement or otherwise at law, to the greatest extent permitted by law, our liability to you or anyone claiming through you in respect of any event or series of related events will be limited to the lesser of $500 or the total amount paid by you to us for Services in the 6 months immediately prior to the date of your claim. For the purposes of this clause 19 references to “we” and “our” include our officers, employees and agents, as well as any Network Operator.


16. Equipment

  • We do not warrant that any Voip Phone or other equipment supplied to you by someone else, and which has not been approved by us, will be compatible with the Connecting Network or will support your use of the Services.

  • If any Voip Phone or other equipment supplied to you by someone else does not work properly, you need to contact the equipment supplier or manufacturer directly, rather than us, about the problem, which may be covered by the warranty (if any) offered by the relevant supplier or manufacturer.


17. Content

  • Any content which we have provide to you through our services or plans are for your personal use only. You may not forward, copy, reproduce, resell or distribute to any third party without our consent.

  • We may monitor any content originating from you or accessed by you using our services and remove any content which is inappropriate, illegal or breach in the rights of any third party or our agents. We will not be responsible for any content or any loss that you may experience in connection with accessing any content that does not come from us.

  • You are in agreement that we may alter the content from time to time to upgrade it or update it.


18. Phone numbers and portability

  • We will assign to you or you may select from us (according to the availability) a land line number  (voip phone number). Subject to the term of this agreement you have all the rights to use the landline number allocated to you.

  • If you disconnect your connection to the services and you have not ported your landline number provide by us, we may re assign the phone number to another customer.


19. Privacy

  • You agree that we and our Agents can collect information about you and the way in which you are using the Services (among other things) and use the information as set out in our Privacy Policy. Please ensure you have read and understood our Privacy Policy, which forms part of this Agreement and is published by us in www.connecting.net.nz.

  • As detailed in our Privacy Policy, you agree that we and our Agents may send you marketing messages, electronic or otherwise, about special offers, competitions and other promotions, and those of our Agents or third parties which we consider may be of interest to you. You may unsubscribe from receiving marketing messages from us and our Agents at any time through your online account.

  • You agree to procure from each of the customers listed on any Application Form their authorisation for the collection, disclosure and use of personal information about him or her by us on like terms as set © Connecting Ltd out in this clause 19, and to advise them of any rights they may have under the Privacy Act 1993.


20. Terminating this agreement or suspending services

  • You may terminate your Account, any service or any connection to any service at any time by contacting our customer service team. Such terminations will come in effect from the next billing date. Please be aware that early termination charges apply if you terminate prior to the end of any fixed term contract.(clause 3 )

  • Any kind of upgrade or change in the services or plans will require a minimum of three working day notice prior to the upgrade or change in plan . If you wish to change or upgrade a plan and if you do not provide enough notice, we will not be able to change the plan by the next billing date.

  • We will terminate this agreement with your account or any connection to a service immediately without any prior notice to you if:

           If you are not complying with your agreement (failure to pay a bill payment by the due date)

           If you make any abusive, offensive or inappropriate calls or communications (including spam).

           If you behave in an offensive or abusive manner to our staff ,agents or any third party.

           If you became bankrupt or arrange any liquidation or a receiver is appointed over any of your

           assets or if we have credible reason to believe that you are unable to pay your bills.

           If you continue to use our services in breach of the Fair Use Policy after our warnings to you.

           If you cause any harm or damage to our equipment deliberately.        

  • Irrespective of how your Account or connection to a service is terminated you must pay us immediately after the termination. You must pay any applicable termination charges, all charges incurred prior to the date of termination and any other charges payable to you under this agreement.    

  • We may terminate your account by giving a 30 day prior notice without giving any reason. In this case you are only required to pay the outstanding incurred charges.   


21. Rights and Responsibilities that Continue   

  • Ending this Agreement does not affect any rights and/or responsibilities which

            are intended to continue after this Agreement ends.


22. Liability of other operators and suppliers

  • We have certain obligations towards network Operators and our dealers, Agents and suppliers. Those persons (and their officers, employees, contractors and agents) will not be liable to you or anyone else for any claims, costs, damages, losses or other liabilities of any kind arising in any way from © Connecting Ltd 2013, the Services we provide or from your use of those Services. This clause creates an obligation for the benefit of  Network Operators and/or our dealers, Agents and suppliers and may be enforced or otherwise relied upon by them.


23. Notices and changes to this Agreement and our Plans

  • We may change this Agreement and/or vary any Service at any time.

  • Changes will be published on www.connecting.net.nz. Please check www.connecting.net.nz regularly for updates, as continuing to use the Services after changes have been published will mean that you agree to this Agreement as it is amended.

  • We will give you at least 10 working days prior notice, and where possible we will try and give you 30 days prior notice, if any changes we make significantly  increase our charges or materially reduce the elements of a Service you are using or change this Agreement so that it has a material detrimental effect on you. We will notify you of these changes by publishing them on www.connecting.net.nz


24 Transferring responsibilities

  • We may transfer all or part of our obligations under this Agreement to someone else.


25. Force Majeure

  • We will not be liable for any delay or failure to provide the services or any other delay or failure in meeting our obligations under this agreement to the extent that such delay is caused by any natural disasters or event outside our reasonable control.


26. Subcontracting

  • We may subcontract or delegate the performance of any of our rights or obligations under this Agreement to any related company, Agent, service provider or other third party. In that case, each of those companies, agents, service providers or third parties and their officers, employees, contractors and agents will have the benefit of any terms of this Agreement that confer benefits on us.


27. Disputes

  • If you have any dispute with us in relation to any of the Services, or otherwise in connection with this Agreement, please contact our customer service team.


28. New Zealand Law

  • This Agreement is governed by the laws of New Zealand and you submit to the jurisdiction of the New Zealand courts.


   

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