INTERNET COMPANY OF NEW ZEALAND LIMITED (ICONZ) VOICE TERMS AND CONDITIONS
The Internet Company of New Zealand (ICONZ) reserves the right to amend these Terms and Conditions at any time without prior notification. In the case of such a change, ICONZ will give notice to all New Voice customers. ICONZ reserves the right to pass on any additional charges/price increases as a result in price changes from third party vendors with 30 days’ notice. These Terms and Conditions include important information regarding our Voice offer and are in addition to our standard Service Agreement.
Provision of Services
1.1 ICONZ may install equipment at the Customer’s premises. All ICONZ Equipment remains the property of ICONZ and the Customer is liable for any damages. The Customer will notify ICONZ if any ICONZ Equipment is lost, stolen or damaged. The Customer must not use the ICONZ Equipment for any purpose other than to use the Services and Deliverables and the Customer must not modify or otherwise interfere with the ICONZ Equipment. In the case of faulty ICONZ Equipment, ICONZ will bear the cost of returning ICONZ Equipment for repair.
1.2 The Customer acknowledges that ICONZ’s retention of title in ICONZ Equipment constitutes a security interest for the purposes of the Personal Property Securities Act 1999 and that ICONZ may register its interest against the Customer on the Personal Property Securities Register. The Customer waives its right to receive a copy of any verification statement or financing change statement in respect of such registration.
1.3 ICONZ may, without prejudice to any right to which it might have to terminate this Agreement, suspend the provision of the Services if: it needs to carry out emergency works to its network or equipment; it has reasonable grounds to believe the Services are being used fraudulently or illegally; or it is obliged to comply with a regulatory order, instruction or request. ICONZ will not be liable for any loss, damage or inconvenience the Customer may incur as a result of the suspension. ICONZ will, where reasonably practicable, give the Customer prior notice of any suspension.
1.4 If the Services involve End User Number Portability, prior to placing orders for the Services, the Customer will provide authorisation for porting each number. The Customer is responsible for obtaining all information required to complete porting.
2.1 The Customer acknowledges that ICONZ’s records are conclusive evidence of the Customer’s use of the Services used and the Service Fees payable. The Customer accepts that use of the interconnect link IP address(s) nominated by the Customer will be deemed to be authorised by the Customer and that the Customer will pay any Service Fees arising from such use.
Warranties and Limitation of Liability
3.1 The Customer understands that Services include VoIP calling, which is not a traditional phone service and is provided on a reasonable endeavours basis.
3.2 ICONZ warrants that the Services will be provided in a proper, competent and professional manner and that ICONZ will use reasonable endeavours to provide the Services to the Customer. However the Customer acknowledges that the Services rely on ICONZ using networks and services owned by other people. As a result ICONZ cannot promise that the Services will always be available or fully functioning. If the Services are unavailable for any reason, ICONZ will endeavour to restore the Services as soon as possible. ICONZ will not be held liable for any charges or damages to the Customer should the Customer be prevented from accessing the Services. The Customer accepts that ICONZ has no liability whatsoever associated with Customer use of the public internet for access to ICONZ’s VoIP Origination/Termination Services.
3.3 Except as expressly set out in this Agreement, all representations, conditions and warranties (whether express or implied, statutory or otherwise and including warranties as to the merchantable quality or fitness for any particular purpose of the Services and the Deliverables) are expressly excluded.
3.4 If the Services fail to operate and the Customer diverts traffic to another carrier, ICONZ will not be responsible for that carrier’s charges.
3.5 Disclosure of account details to persons other than the authorised employees of ICONZ is entirely at the Customer’s risk. The Customer accepts sole responsibility for maintaining the security of any user IDs and passwords associated with the Services, and ICONZ has no liability resulting from the Customer failing to maintain the security of this user information.
3.6 The Customer warrants that it is not reliant on the Services to provide or support 111 or any other emergency services and will assume all responsibilities in connection with the provision of or access to 111 services.
IP and Confidentiality
4.1 ICONZ grants the Customer (during and after the term of this Agreement) a non-exclusive licence to use, copy, modify and enhance the Deliverables only for its internal business purposes, provided that the Customer has paid for the Deliverables.
4.2 The assignment of any specific DDI number to the Customer will be made at the sole discretion of ICONZ. The Customer has no property right to any numbers associated with any of the Services.