iTELCO LIMITED TERMS OF SERVICE

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1. iTELCO LIMITED TERMS OF SERVICE

   1. These terms of service constitute the agreement between iTELCO LIMITED Limited (we or us) and the end user (you, your or customer) of iTELCO LIMITED services. By activating or using any of the services, you represent that you are of legal age to enter this agreement and that you have read and understand the terms and conditions of this agreement.

   2. Additional terms may apply to your use of some of our services. If so, we will tell you what those terms are. If there is any conflict between these terms and any additional terms, the additional terms will prevail.

2. SERVICE ASSUMPTIONS 

   1. ITelco Limited shall be responsible for hosting, monitoring, maintenance, timely patches/fixes and regular updates of the infrastructure 

   2. ITelco Limited expects customer to raise support tickets in case of issues in a timely manner

   3. ITelco Limited shall allow customer unlimited support cases per month for any issues during operations 

   4. ITelco Limited expects customer to work with iTelco Limiteds support teams to use all means necessary to help reproduce any intermittent or otherwise difficult to reproduce problems including but not limited to media/voice quality issues.

3. OUR SERVICES

   1. We are not obliged to provide services unless we accept your application. We can decide whether or not to accept any application.

   2. You understand that the iTELCO LIMITED VoIP 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 on control such as power outages or the performance of your internet connection may disrupt the service we provide.

   3. You accept that our VoIP service is a non complaint voice service under the Emergency Calling Code. Please note iTELCO LIMITED will still use all means possible to process your emergency call. Non compliance simply means that this cannot be guaranteed.

   4. You accept that iTELCO LIMITED might not be compatible with non-voice communications equipment such as home alarms, fax machines, Sky Digital and St John Alarms. 

   5. You accept that you are solely responsible for the conference streaming, all contents, information and data that are going to be streamed during any iTELCO LIMITED web conference. By using the Service and taking part in a public or private conference, you give permission to transfer all disclosed information and data to every single conference recipient.

4. CHARGES AND PAYMENT

   1. All services are offered on a prepay basis. You will be billed on a monthly basis in advance for plans, access and additional services provided to you and pay as you go for all other services.

   2. We only accept payment via credit card, debit card, online banking (we do not accept payment by cash, cheque or any other method). 

   3. If paying by credit or debit card the name that will appear on your statement will be iTELCO LIMITED Limited.

   4. As supplier charges can change, we reserve the right to change our rates from time to time, and if we increase any rates we will give one months notice as reasonably possible. The latest rates are available on our website www.itelco.nz or stated in the Master Services Agreement provided to you.

   5. You are responsible for your account and must pay our charges regardless of whether you or someone else uses those services.

   6. If you wish to raise a billing dispute you must notify us in email within 30 days of your account being debited or you will be deemed to have waived your right to a refund.

   7. 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.

5. USING OUR SERVICES

   1. 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.

   2. 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.

   3. We can suspend or restrict the services we provide you at anytime if:

      • you resell any of our services;

      • you do not use the service sensibly and within our reasonable use guidelines 

      • we believe that you have breached any of our terms and conditions;

      • you do not maintain monthly payments and or continually miss payments

   4. iTELCO LIMITED's personal and small business 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:

      • monitor and investigate your usage; and

      • suspend and/or withdraw the Service; or

      • charge our standard per minute rate for additional calls

   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. If your service is cancelled, terminated or reallocated you will relinquish and discontinue use of any numbers, voicemail access numbers and/or web portals static Ips assigned to you by iTELCO LIMITED.

6. PHONE NUMBERS

   1. Any phone number that we allocate to you does not become your property and does not constitute any transfer of property rights unless the number has been ported over to us from another provider. 

   2. If we need to change your number we will send you notification by email and give you as much notice as possible

   3. We can withdraw or terminate any number at any time without liability, particularly if you do not comply with the instructions for use provided by iTELCO LIMITED Limited.

   4. You may be able to port your iTELCO LIMITED 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. 5.5. If your account is inactive for more than 3 months or disconnected and you have not ported the associated phone number(s), we may at our sole discretion reallocate the number(s) associated with your account.

   5. If you wish your details to be available through directory assistance and/or in the phone book then we will pass your name, number and address to Yellow. You agree that Yellow can use your details for those purposes.

7. BROADBAND SERVICES

   1. This clause applies if we provide iTELCO LIMITED Broadband services to you.

   2. Your application of Service is subject to qualification check during the provisioning process. If we cannot provide the Service, you can cancel the Service order without penalty

   3. Our plan speeds are the maximum speeds at which you are able to send data to or receive data from our network. Because we rely on other providers to deliver data to or from our network we are unable to guarantee that these speeds will be available to you. Nor can we guarantee that our Broadband services will always be available or that they can always be utilised for any particular purpose.

   4. You must not knowingly transmit any worms or viruses or use our services in a manner which is likely to or is intended to damage or compromise the security of our network or anyone else's network.

   5. We do not control the information that can be accessed through the internet. Accordingly we are not responsible for any inaccurate, illegal or offensive information which may be obtained from your use of our services. We are also not liable for any viruses or other harmful code which you download via the internet.

   6. We may install equipment and carry out other work at a customer's premises. If we do so at your premises, then you grant to us and our contractors an irrevocable licence to enter your premises as and when we reasonably require (and you must obtain any necessary consents to such access) for the purposes of installing, maintaining, monitoring and removing such equipment or carrying out such work.

8. TERM

   1. We can terminate this agreement, or the provision of any service to you, immediately if you breach any term of this agreement or if we reasonably believe that you have supplied incorrect or misleading information to us.

   2. If this agreement is terminated for any breach or misuse of the service, you are not entitled to a refund for any credit balances on your account, unless agreed otherwise.

   3. You may terminate services with iTelco Limited at any time with one months notice. In order to terminate your service, you must open a support ticket requesting termination via the iTELCO LIMITED live web portal. As per section 4. iTELCO LIMITED do not provide refunds for unused service or credit balances.

   4. In the case iTelco Limited has provided hardware, such as modems, or desk phones not purchased outright must be returned upon cancellation of services, if these are not returned iTelco Limited resetrves the right to invoice for any items not returned.

9. LIABILITY

   1. 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):

      • if any communication is intercepted, not properly transmitted or received;

      • for any disruptions or delays with the use of our services;

      • for any delay in commencing the provision of services

      • for any incompatibility with other services

      • if any software or equipment we supply does not operate properly;

      • for any error in any directory listing which we arrange

      • if your computer becomes affected by any virus or worm

   2. 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.

   3. 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.

   4. 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.

   5. If we are held to be liable to you for any reason, then our liability to you is limited to an amount equal to our average charges to you for one month in respect of any single event or related series of events and to a maximum amount equal to our average charges to you for a three month period in any one year.

   6. 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.

   7. 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 8.5, 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.

10. PRIVACY

    1. We will collect personal information from customers to provide and provision services, including but not limited to name, physical address, email address, contact phone number and credit card information.

    2. You agree that personal information that we have obtained from you can be shared with other networks, for the purpose of monitoring and investigating fraud and other offences. We may also share your information with public sector agencies in order for them to investigate an offence.

    3. Any personal information we collect is kept at our offices at 8A Triton Drive, Albany, Auckland 0632 or on our online portal. You are entitled to see any information we hold about you, although you must pay our reasonable charge for making it available.

    4. We utilise the public internet and third party networks to transmit voice and other communications and we are not liable for any lack of privacy with the service.

    5. We may record or monitor calls between us to verify information and for staff training purposes.

    6. If another iTELCO LIMITED customer calls you, your name will appear on that person's account as the called party. If you do not wish this to occur then email iTELCO LIMITED support support@itelco.nz

11. CHANGING THESE TERMS

    1. We can change these terms from time to time by giving you as much notice as reasonably possible. We will inform you of any change to our terms by emailing you or by providing relevant information on our website. The latest terms and conditions are available at www.iTelco.nz.

12. NOTICES

    1. iTELCO LIMITED will communicate with you primarily via email. Notices to you will be sent to the email address specified by you during sign up for service or as subsequently specified by you as your contact email address. We may also obtain personal information from your use of our services.

    2. If your contact email address changes you must advise us of the new details as soon as possible.

    3. You agree that sending a message to your contact email address is the agreed means of providing notification. Notifications include information about the service, billing, changes to services and other information. You are required to read any email send to your contact email address in a timely manner to avoid any potential disruption to your service.

13. OTHER MATTERS

    1. These terms are to be interpreted in accordance with the laws of New Zealand. Any dispute regarding the provision of our services under these terms is to be determined by New Zealand courts.

    2. You must not assign your rights under this agreement. We can transfer our rights and obligations under this agreement to anyone else. We will notify you if we do so.

    3. A delay in exercising any right is not a waiver of that right. A failure to exercise a right on any occasion does not prevent any subsequent exercise of that right.

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iTELCO LIMITED PORTING TERMS AND CONDITIONS

1. I confirm that I have the authority to request the porting of the numbers referred to in the Number Porting Form and authorise iTELCO LIMITED to act on my behalf for the purposes of porting the numbers listed in the porting form.

2. I will be responsible for all costs associated with porting the phone numbers. iTELCO LIMITED will not be liable to me for any direct or indirect loss or damage resulting from failure or delay in the porting process.

I understand;

1. That to effect the port, iTELCO LIMITED will supply information entered in the porting form to third parties for the purposes of porting the numbers.

2. That when a number is ported I will no longer receive service from my current service provider and that it is my responsibility to check the terms and conditions of my contract with the existing provider, in relation to the numbers I wish to port, to find out if I have any outstanding obligations to the provider and to discharge such obligations.

3. That when a number is ported, any services associated with this number could be cancelled or impacted as part of the porting process and I accept that iTELCO LIMITED takes no responsibility if any of my other telecommunications services are adversely impacted as a result of my number port request. This extends to internet services and any linked numbers.

4. That iTELCO LIMITED is not obliged to accept my porting request.

5. That after porting my number to iTELCO LIMITED some of the services I currently receive may not be supported by iTELCO LIMITED, or may be accessed in a different way.

iTELCO LIMITED BROADBAND TERMS AND CONDITIONS

1. Our plan speeds represent the theoretic maximum speeds at which you are able to send data to or receive data from our network. Actual speeds you experience depend on many different factors such as other providers’ delivery of data to or from our Network, your phone line quality, your equipment, number of users accessing the Services in your premises and many other factors. We cannot guarantee that our Services will always be available or that they can always be used for any particular purpose.

2. If you are on an Uncapped or Unlimited Plan, the total amount of data you can upload or download is unlimited. We may use traffic prioritisation policies for these Plans to protect our Network and improve the overall performance amongst our customers. Other factors may influence the particular speeds or latency you can achieve to servers nationally and internationally. Our control of these speeds is limited to our own Network. Connections to servers outside our Network are on a “best effort” basis. It may not be possible for you to achieve your desired or expected speeds or latency where you are connecting to equipment outside our control.

3. To ensure you have the best experience possible on your iTELCO LIMITED Broadband service and to ensure your network conditions are optimal for real-time voice and video traffic we manage your other internet traffic to avoid packet loss, latency and jitter conditions.

4. Unlimited plans are intended for use by a single end customer. Running server farms or sharing a connection across multiple customers is prohibited.

5. Additional data blocks of 20GB can be added at an additional fee. Blocks expire at month end. Once you reach your data limit your internet traffic will be throttled to 256k. iTELCO LIMITED voice traffic will not be throttled.

6. Listed prices are for standard installations only. Complex installations are POA.

7. Additional charges such as no fault found fees will be on charged as appropriate.

8. iTELCO LIMITED Broadband services are sold on a prepay basis and are billed in advance for the part month on install or full month after that. Services can be cancelled at any time. There will be no part month refunds.

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CLOUD BASED SOFTWARE SOLUTION TERMS AND CONDITIONS

1. iTelco shall allow Customer to send outbound Voice calls, recieve inbound calls and SMS from Telco Limited's cloud based software applications, iConnex, Nextar Desk and our iTelco VoIP app.

2. iTelco Limited will allow call recordings to be stored on either iTeclo Limiteds cloud servers or on customers own servers (There will be additional costs to setup call recording on your own servers)

3. Outbound Voice Calls shall be allowed using ITelco Limited’s Carriers.

4. Outbound SMS shall be supported using ITelco Limited’s Carriers

5. Relevant inbound and outbound calling rates will apply. Current calling rates can be found here

 

SOFTWARE UPGRADES AND UPDATES

iTelco Limited may at its own digression provide new software from time to time at no cost in order to correct known issues or to enhance the feature set of the Software ("Software Updates"). iTelco Limited as well may at its own digression provide new software as "Software Upgrade". Such Software Upgrades may not be free and have to be purchased separately. In this case, the Customer might have to enter a new license agreement with iTelco Limited.

 

PERFORMANCE OF SOFTWARE

The number of extensions, trunks, concurrent calls and other aspects of the software that can be used with the License are determined by the features that you have purchased for the Software. However, iTelco cannot and does not guarantee you that the performance of the underlying hardware or any other critical component will be sufficient to maintain the service. Also, iTelco Limited cannot and does not guarantee that the Software will work flawlessly in every situation, including emergency situations.  We recommend keeping a charged mobile phone on hand to ensure you have means of contacting the 111 emergency service in the event of a system outage.

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iTELCO LIMITED MOBILE TERMS AND CONDITIONS

These terms (Mobile Terms) apply if we provide Mobile Services to you, in addition to the standard iTELCO LIMITED 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 iTELCO LIMITED Terms of Service, these Mobile Terms will prevail.

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1. MOBILE SERVICES

   1. We provide Mobile Services via upstream providers (currently powered by the Spark Mobile Network) 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 iTELCO LIMITED SIM card to connect and use the Mobile Services.

   3. iTELCO LIMITED 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 iTELCO LIMITED to provide the Mobile Services. iTELCO LIMITED 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. iTELCO LIMITED will try to maintain security of information, but cannot promise that information received or sent using the Mobile Services will be secure.

   8. iTELCO LIMITED will try to prevent viruses or other manipulating programs from harming your Mobile Device, but will not be responsible if harm occurs.

   9. iTELCO LIMITED 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 iTELCO LIMITED APN to receive the Mobile Services and need to ensure that each of your users:

       • accept any request from iTELCO LIMITED to join that network; and

       • follow any instructions or directions from iTELCO LIMITED for changing the settings on their Mobile Device in order to be on the iTELCO LIMITED APN.

   11. iTELCO LIMITED 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 iTELCO LIMITED 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 iTELCO LIMITED 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 iTELCO LIMITED 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 iTELCO LIMITED Network unless authorised in writing by iTELCO LIMITED 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 iTELCO LIMITED Network or the Mobile Services or where iTELCO LIMITED 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. iTELCO LIMITED 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. iTELCO LIMITED 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 iTELCO LIMITED 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 iTELCO LIMITED 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 iTELCO LIMITED considers to be non-standard personal usage.

3. MOBILE ROAMING

   1. Roaming services allows use of your iTELCO LIMITED 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 iTELCO LIMITED Mobile. To enable Mobile Roaming please open a support ticket. iTELCO LIMITED 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 iTELCO LIMITED 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 iTELCO LIMITED account.

4. PHONE NUMBERS

   1. Phone Numbers are allocated to you by iTELCO LIMITED 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). iTELCO LIMITED will do our best to give you notice of any change required. iTELCO LIMITED will not be liable for any costs which you, or anyone else, may incur as a result of such change.

   4. If iTELCO LIMITED disconnects a mobile connection and you have not Ported or transferred the Phone Number(s) prior to disconnection, iTELCO LIMITED may re-allocate the Phone Number(s) to another customer.

5. CHARGING 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. iTELCO LIMITED 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. iTELCO LIMITED may at any time set credit limits for each mobile connection or for your account as a whole. Once set, iTELCO LIMITED 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 iTELCO LIMITED 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.iTELCO LIMITED.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 iTELCO LIMITED officers, employees, agents, contractors and Network Operators involved in providing the Service. Without limiting the above, Spark New Zealand Trading Limited will have no liability to you in connection with the Mobile Services.

   3. If you obtain a Mobile Device other than from iTELCO LIMITED 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 iTELCO LIMITED with personal information and iTELCO LIMITED 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 iTELCO LIMITED’s use of personal information.

   2. You agree iTELCO LIMITED 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 iTELCO LIMITED with services to enable iTELCO LIMITED to provide the Mobile Services to Customer, including Spark New Zealand Trading Limited). You agree that personal information can be shared with other Network Operators, for the purpose of monitoring and investigating fraud and other offences. iTELCO LIMITED 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. iTELCO LIMITED may record or monitor calls from mobile plan users to verify information and for staff training.

   5. iTELCO LIMITED may include personal information about your users in a telephone or similar directory or directory enquiry service provided or operated by iTELCO LIMITED or a third party unless you tell us not to.

   6. You acknowledge that, in providing the Mobile Services to the Customer, iTELCO LIMITED and other suppliers or Network Operators providing services to iTELCO LIMITED 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 iTELCO LIMITED 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 iTELCO LIMITED’s option, some Mobile Services may be terminated sooner.

   3. For each connection terminated by you, you must pay:

      • any early termination charges; and

      • all Charges incurred by connection to the date of disconnection; and

      • any outstanding Charges and other moneys payable under these Mobile Terms.

   4. iTELCO LIMITED 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 iTELCO LIMITED 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, iTELCO LIMITED will use its reasonable efforts to:

      • give you as much notice as reasonable practicable reasonable of such suspension;

      • 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.

   5. 10.5 iTELCO LIMITED may (without limiting any of its other remedies) suspend the provision of the Mobile Services for any one or more mobile connection determined by iTELCO LIMITED during any period where you are in breach of the Agreement (including but not limited to fraud, failure to comply with iTELCO LIMITED’s reasonable directions, interference with the Network etc) for so long as such breach remains unremedied.

   6. 10.6 Following suspension of the Mobile Service by iTELCO LIMITED, where iTELCO LIMITED is satisfied, acting reasonably, that the breach has been remedied, iTELCO LIMITED will use its best endeavours to promptly reinstate the Mobile Services.

9. 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 iTELCO LIMITED. Unless otherwise stated, all prices exclude GST.

2. 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.

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 Vocus 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:

• materially altering the terms of these Mobile Terms or the Standard Terms;

• making the operation or performance of these Mobile Terms or the Standard Terms impractical;

• materially altering the burden (financial or otherwise) of iTELCO LIMITED or a Network Operator providing services to iTELCO LIMITED to enable the provision of the Mobile Services under these Mobile Terms; or

• causing iTELCO LIMITED or any Network Operators supplying services to iTELCO LIMITED to enable the Mobile Services (voluntarily or otherwise) to materially alter its operations or structure.

7 . Mobile Services - means the mobile services provided by iTELCO LIMITED as set out in these Mobile Terms.

8. SIM card - means the Subscriber Identity Module on a Mobile Device connected to the iTELCO LIMITED network and includes any SIM card issued by iTELCO LIMITED.