These terms of service constitute the agreement between 2talk Limited (we or us) and the end user (you, your or customer) of 2talk 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.
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.
Our Services
We are not obliged to provide services unless we accept your application. We can decide whether or not to accept any application.
You understand that the 2talk 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.
You accept that our VoIP service is a non complaint voice service under the Emergency Calling Code. Please note 2talk will still use all means possible to process your emergency call. Non compliance simply means that this cannot be guaranteed.
You accept that 2talk might not be compatible with non-voice communications equipment such as home alarms, fax machines, 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 2talk 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.
Charges and payment
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.
To use our services you must have a credit balance on your account. We only accept payment via credit card, debit card, online banking or Bitcoin (we do not accept payment by cash, cheque or any other method). If the credit balance in your account is used up while you are on a call or using a Service the call or Service will be automatically disconnected.
If paying by credit or debit card the name that will appear on your statement will be 2talk Limited.
If paying by Bitcoin you agree that the payment will be converted to NZ currency at the time of the payment using the conversion rate applied by 2talk's Bitcoin settlement partner. You also agree that the payment may include any Bitcoin transaction free that is applied by the settlement partner. Any dispute or refund that applies to Bitcoin settlements will use the conversion rate that applied at time of original settlement.
2talk may debit pay as you go charges such as (but not limited to) overage, porting, connection and installation fees to your account which may put the account into negative balance. It is the customers responsibility to monitor account balance and 2talk accept no responsibility for any consequences.
If you do not maintain a credit balance we can, without prejudice to any other rights we have, suspend, bar, re-direct or restrict your use of all or any of the Services (including any unused plan minutes) without giving you prior notice. If we suspend, bar, re-direct or restrict the Services all Charges will continue to apply. If our services are suspended because of your breach, we can charge you a reconnection fee if services are to be recommenced.
We reserve the right to change our rates from time to time and if we increase any rates we will give you as much notice as reasonably possible. The latest rates are available on our website www.2talk.co.nz
You are responsible for your account and must pay our charges regardless of whether you or someone else uses those services.
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.
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.
Using our services
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.
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.
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 set out in 4.4 below;
we believe that you have breached any of our terms and conditions;
you do not maintain a positive credit balance on your account
2talk'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
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.
If your service is cancelled, terminated or reallocated you will relinquish and discontinue use of any numbers, voicemail access numbers and/or web portals assigned to you by 2talk.
Phone Numbers
Any phone number that we allocate to you does not become your property and does not constitute any transfer of property rights.
If we need to change your number we will send you notification by email and give you as much notice as possible
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 2talk Limited.
You may be able to port your 2talk 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.
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.
Broadband Services
This clause applies if we provide 2talk Broadband services to you.
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
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.
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.
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.
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.
Term
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.
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.
In order to terminate your service, you must open a support ticket requesting termination via the 2talk live web portal. As per clause 3.5 2talk do not provide refunds for unused service or credit balances.
Liability
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
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.
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.
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.
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.
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 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.
Privacy
Our Privacy Policy forms part of our agreement with you and sets out how we collect, use and disclose your personal information in order to supply you with Services and other uses. This policy is available on our web site at www.2talk.co.nz/privacy
Changing these terms
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.2talk.co.nz.
Notices
2talk 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.
If your contact email address changes you must advise us of the new details as soon as possible.
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.
Other Matters
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.
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.
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.
2talk Porting Terms and Conditions
I confirm that I have the authority to request the porting of the numbers referred to in the Number Porting Form and authorise 2talk to act on my behalf for the purposes of porting the numbers listed in the porting form.
I will be responsible for all costs associated with porting the phone numbers. 2talk 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;
That to effect the port, 2talk will supply information entered in the porting form to third parties for the purposes of porting the numbers.
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.
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 2talk 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.
That 2talk is not obliged to accept my porting request.
That after porting my number to 2talk some of the services I currently receive may not be supported by 2talk, or may be accessed in a different way.
2talk Broadband Terms and Conditions
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.
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.
To ensure you have the best experience possible on your 2talk 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.
Unlimited plans are intended for use by a single end customer. Running server farms or sharing a connection across multiple customers is prohibited.
Additional data blocks of 20GB can be added @ $10.00 per block. Blocks expire at month end. Once you reach your data limit your internet traffic will be throttled to 256k. 2talk voice traffic will not be throttled.
Listed prices are for standard installations only. Complex installations are POA.
Additional charges such as no fault found fees will be on charged as appropriate.
2talk 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.