TOMITALK BUSINESS VOIP

The following terms and conditions shall also apply in addition to the General Terms and Conditions where you have requested TomiTalk Business VoiP.

  1. SERVICE DESCRIPTION
    • TomiTalk Business VoIP (the “Service”) is a fixed calling, cloud-based PBX business product provided by TNZ.
  2. SERVICES
    • We are not obliged to provide the Service unless we accept your application. We can decide in our absolute discretion whether or not to accept any application.
    • You understand that the Service is not a traditional phone service and is provided on a reasonable endeavours basis. We will use all reasonable endeavours to make our services available to you at all times.
    • You accept that our Service is a non-compliant voice service under the Emergency Calling Code. TNZ will still use all means possible to process your emergency call.  Non-compliance simply means that this cannot be guaranteed.
    • You accept that calls to 0900 premium numbers are not available from the Service.
    • You accept that the Service might not be compatible with non-voice communications equipment such as home alarms, fax machines, vending machines, dial up modems, Sky Digital and St John Alarms.
    • You accept that you are solely responsible for the conference streaming, all contents, information and data that are going to be streamed during any TNZ provided 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.
    • We will use all reasonable endeavours to make the Service available to you at all times. If the Service is unavailable for any reason we will endeavour to restore service as soon as possible.
    • While we take reasonable security precautions, due to the nature of telecommunications services we cannot guarantee the confidentiality of any calls or transmissions you make using the Service.
    • You are responsible for your own network security and we recommend that an enterprise grade firewall is installed on your internet connection. You agree that TNZ is not liable to you in any way due to the unauthorised access of your network, hacking or denial of service attacks. Furthermore should you experience unauthorised access to your voice over IP telephone service or any other network services due to insufficient internet security or for any other reason then the costs incurred due to the unauthorised access will be at your expense.
    • When porting your lines to TNZ it is your responsibility to check with your existing carrier if you are under contract with them and find out if any penalties will be incurred if you move your lines to another carrier. Penalties associated with disconnection are not included in our quotes or proposals. Many carriers require that you give them 30 days’ notice of intention to port your services to another provider. Please note that it is your responsibility to provide them with the notice they require.
    • Whilst we complete the project there may be a period where both the Service and your existing carrier’s service is active and you may receive charges from both carriers for a brief period. This is unavoidable but should be noted and accepted.
    • We can suspend or restrict the Service at any time if:
  • We consider it necessary to protect or maintain the Service; or
  • We believe that you have breached this Agreement.
  1. FIXED LINE CALLING SERVICES
    • All chargeable calls are charged on a minute plus minute basis (calculated to the nearest minute). There is a one minute minimum charge for each call and the charge for each call is rounded to the nearest cent.
    • Your pricing plan only covers the call types that are expressly specified as being included in your pricing plan. Excluded calls and any other call types that are not expressly specified as being included in your pricing plan will be charged at the rates set out on our website from time to time or otherwise notified to you.
    • You will be billed for the Service once your fixed line calling services are operational.
    • You will receive your invoice for the Service from TNZ.
  2. FEATURES/FUNCTIONALITY
    • The following features are available with the Service. Selected features may only be available on some pricing plans.
  • Auto-Attendant
  • Call Conferencing
  • Call Forwarding
  • Call Hold
  • Call Monitoring
  • Call Recording
  • Call Transfers
  • Call Waiting
  • Caller ID
  • Caller ID (inbound/outbound)
  • Calling Reporting & Analytics
  • Click to Call
  • Day/Night Mode
  • Do not disturb
  • Intelligent Call Routing
  • Management Portal
  • Music/Information on hold
  • Ring Groups & Queues
  • Self Service Portal
  • Time Conditions
  • Voicemail
  • Voicemail to Email
    • It is your responsibility to obtain licences for any Music on Hold recording you wish to use with your Service. For details on how to obtain these licences, visit https://www.onemusicnz.com/.
  1. SELF SERVICE PORTAL
    • With some pricing plans, you will receive access to the Self Service Portal as part of the Service. We will provide details on how to access and log in to the Self Service Portal.
    • You will be responsible for changing your password. You must not share your password or logon details with others. Each user will be provided with their own user name and password. Selected users will have the ability to manage access to the Service.
  2. PHONE NUMBERS AND DIRECTORIES
    • Any phone number that we allocate to you does not become your property. If we need to change your number we will give you as much notice of the change as we can.
    • 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 TNZ or any other term of the Agreement.
    • You may be able to port your TNZ 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.
    • 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.
    • 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 the applicable third party directory service (“directory companies”). You agree that directory companies can use your details for those purposes.
  3. INSTALLATION
    • We will visit your Premises prior to installation to confirm that we are able to provide you with the Service. You must be present for this visit. If a visit cannot proceed for a reason we do not control you may be charged for a missed appointment.
    • A standard charge will apply for installations that we consider to be simple.
    • If we consider that any installation is not simple, our charges for that installation will be charged on a time and materials basis and we will consult with you to agree on the costs (or the basis of such costs) prior to incurring them.
    • Your Fibre Access or VDSL Access will be installed first. In some cases, characteristics of your Fibre Access or VDSL Access may mean we are unable to supply you with the Service. If this occurs, we will investigate alternative access with you. In some cases we will attempt to re-activate your previous connection, but we cannot guarantee reactivation will be successful.
    • Once your Fibre Access or VDSL Access is operational, we will install the Service.
    • For the purposes of clause 4 and 7.5 Fibre Access and VDSL Access have the same meaning as given to those terms in the Fibre Access and VDSL Access terms and conditions.
  4. EQUIPMENT
    • We may supply you with SIP Desk Phones, Wireless DECT Phones, routers, switches or other telephony/network hardware. Unless purchased up-front, each item of Equipment remains our property and must be returned at the end of the Term.
    • You can purchase Yealink Conference phones or Headsets from us for use with the Service. That equipment will be your property and subject to the standard Yealink Conference phone supplier warranty. For the avoidance of doubt, the warranty set out in clause 2 of the Purchase Terms and Conditions shall not apply to the Yealink Conference phones and Headsets.
  5. TERM AND TERMINATION
    • Either you or we can terminate the Service on giving the other 30 days’ notice in writing.
  6. LIABILITY
    • You acknowledge and agree that us and our upstream service providers are not liable to you (and nor are any of our officers, employees, contractors or agents liable to you):
    • If any communication you make is intercepted;
    • If any communication you make is not properly transmitted or received;
    • If the Services are not available at any time or are faulty;
    • For any delay in commencing the provision of Service;
    • If any software 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; or
    • For any loss of profits, loss of business or any other consequential losses.
      • If you use another service provider during any period when the Service is not fully operational, we are not liable to pay any amount you are charged by that service provider. 

      ACCEPTABLE USE POLICY (“AUP”)

This Acceptable Use Policy shall apply whenever you use Broadband, Tomizone Business VoiP or other Services whereby you use content.

      • TNZ desires that users understand the intended and permissible uses of its Equipment and Services, and further desires to prevent fraud, exploitation and abuse of certain TNZ calling plans and features.
      • Certain calling plans, including unlimited calling plans, are designed for normal commercial use and are not intended to represent typical usage by unique organizations such as call centers, resellers, fax messaging services, telemarketing firms, or for use without live dialog, such as transcription services, intercom or monitoring services. Unauthorized or excessive use beyond that normally experienced by typical business customers violates this AUP and may cause extreme network capacity and congestion issues and interfere with TNZ’s network and third party networks with whom TNZ connects for call initiation and completion services.  As a guide, users will be considered to be in violation of this AUP when aggregate outbound land to mobile [or land] calling exceeds 1000 minutes per subscriber extension (user) per month.
      • In addition, unlimited plans may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses under this AUP or otherwise applicable to the TNZ Equipment and Services):
      • Spamming or blasting (e.g., sending one hundred (100) or more bulk and/or junk voicemail or faxes simultaneously);
      • Cryptocurrency mining;
      • Bulk call-in lines (e.g., customer support or sales call centers, “hotlines”, 0900 numbers, sports-line numbers, etc.); or
      • Auto-dialling or “predictive” dialling (i.e., non-manual dialling or using a software program or other means to continuously dial or place out-bound calls).
        • If you use the Service in a way that is inconsistent with the normal use for your Service or plan (or which is otherwise in breach of this AUP) we may:
      • monitor and investigate your usage; and
      • Either:

(i)             Suspend and/or withdraw the Service; or

(ii)           Charge our standard per minute rate for additional calls or standard rate for data/internet usage.