Regional Terms of use For Terrible Talk New Zealand

The RTOU is used in conjunction with our Global Service Agreement (GSA) which may be viewed at terrible.org.nz/legal/talk/GSA

Effective as of 20th June 2016

1. These RTOU

  1. These terms and conditions set out the basis on which Terrible Talk New Zealand Limited provides telephone and Internet services to our residential customers.

  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. PROVIDED HOWEVER: the (GSA) is held paramount.

  3. Terrible Talk New Zealand Limited is entitled to donate all account profits to any charity it sees fit

2. 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. We will be responsible for determining the manner in which the services are to be provided. For example, we may sub-contract other network operators to provide part of any service.

  3. We will use all reasonable endeavours to make our services available to you at all times. However, our services rely on us using networks and services owned by other people. As a result we cannot promise that our services will always be available or fully functioning. If our services are unavailable for any reason, we will endeavour to restore them as soon as possible.

  4. 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 our services.

  5. Up to date information about our current services can be found at terribletalk.org.nz

  6. In the event we intend to alter a service that we charge you for such that it materially affects you, and providing that you are readily identifiable, we will give you as much notice as reasonably possible under the circumstances.

  7. You understand that the Terrible Talk 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.

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

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

3. Charges
  1. We will invoice you for services we provide to you. However, we may elect to carry forward charges to the next billing period if your usage is below a minimum level. Fixed charges are payable in advance. Usage based charges (such as toll calls) are payable in arrears. If we change the frequency of your billing we will give you at least 14 days’ notice.

  2. You must pay each invoice within 10 days of the invoice date (unless otherwise stated on your statement). If you do not pay any invoice within that time we may:
    1. suspend or restrict your service 5 days after payment was due;
    2. charge you a late payment fee of up to $200.00 if your invoice is unpaid 10 days after the invoice date which reflects the cost to us of recovering money owed to us;
    3. recover from you any debt recovery costs including collection costs, revenue costs, legal fees, administration fees and/or other costs related to late or non-payment;
    4. require you to put in place a credit/debit card payment arrangement;
    5. register your payment default with a credit reporting agency.

  3. If you wish to raise a genuine dispute regarding an invoice of ours you must do so in writing within 5 (five) days of the date of the invoice. We will consider any issues raised in good faith and will promptly advise you of any resolution or amendment to our charges.

  4. All our accounts have a credit limit. If you need this raised or lowered, please contact our team on 0800 837 742. We may change that credit limit at any time at our reasonable discretion and will provide you with our reasons on request. If we reduce your credit limit, we may require you to pay us a deposit before you can use, or continue to use, the services. We will notify you if this is required

  5. If you breach any of these terms and we incur costs as result, then we may require you to pay those costs

  6. An instant fee of up to $400 is applied when your account has been without any form of payment for more than thirty (30) days this is use to cover the initial cost of registering your debt.

4. Consumer protection laws and liability
  1. The Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply alongside these terms. You can visit www.consumeraffairs.govt.nz to find out more about your rights under this legislation.

  2. If you are acquiring any services from us for the purposes of a business as defined in the Consumer Guarantees Act 1993, you acknowledge that the provisions of that Act do not apply to those services.

  3. You accept your liability to us for breach of contract or negligence. However, you are not liable for any loss to the extent that it is caused by us.

  4. We accept our liability to you for breach of contract or negligence and for breach of the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. However, we are not liable for any loss to the extent that it is caused by you. If you suffer any loss as a result of this agreement, you must take reasonable steps to avoid or minimise your loss. We are not liable for any loss that results from your failure to take those reasonable steps. Also, we will never be liable to you for any indirect or consequential loss, or for any loss of profits, revenue, goodwill or business.

  5. We strive to always provide quality services and to exercise reasonable skill and care in performing our obligations to you. However, in rare circumstances, we may be prevented from doing so because of an act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo or any other circumstance beyond our reasonable control. If that happens, we will try to let you know about it as soon as we reasonably can. Where those circumstances prevent us from providing services to you, our obligations to you will be suspended in relation to the affected services and we are not liable to you in those circumstances.

  6. 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. This clause is intended to confer a benefit which those third parties can enforce.

  7. If we or anyone described in clause 4.6 above, are ever liable to you for any reason, the maximum combined amount we (and they) will have to pay you will be $50(NZD) for any event or for any series of related events and a total of $200(NZD) in respect of all events in any 12 month period. However, you must notify us of your claim within one months after you reasonably became aware of the relevant event or series or events that gave rise to your claim. These limitations do not limit any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.

5. Privacy
  1. We may supply your credit information to credit reporting agencies on a monthly basis. This information may be held by the credit reporting agency for up to two years. This is part of the changes to the credit reporting privacy code, which came into effect 1 April 2012.

  2. The information we share with credit reporting agencies includes information to ensure that those agencies are able to accurately identify individuals, information about an individual’s credit accounts (such as type of accounts and amount of credit), information relating to the circumstances of any credit default and information about credit non-compliance action.

  3. Your rights in relation to credit information are set out in schedule 4 of the credit reporting privacy code. For more information, visit the Office of the Privacy Commissioner’s website www.privacy.org.nz/credit-reporting-privacy-code.

  4. Any personal information we collect is kept at our offices. You are entitled to see any information we hold about you (although you must pay our reasonable charges for making it available) and to request that any incorrect information be corrected.

  5. We may record calls you make to us to verify information and for staff training purposes.

  6. If another one of our customers calls you, your name will appear on that person’s account as the called party. If you do not wish this to occur then please email us [email protected]

  7. You agree that personal information that we have obtained from you can be shared with others, 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.

6. Phone numbers and directories
  1. 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.

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

  3. Subject to the terms of the Consumer Guarantees Act 1993, you agree that no member of the Spark group of companies (or their officers, employees, contractors or agents) has any liability to you in connection with the directory assistance service or your phone book listing.

  4. You may be able to port your Terrible Talk 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. If your account is inactive for more than (60) sixty days and you have not ported the associated phone number(s), we may at our sole discretion reallocate the number(s) associated with your account.

  6. We reserve the right to reallocate any phone numbers after an account is disconnected, if not claimed within 7 days.

7. Offer for Service (OFS)
  1. Should Terrible Talk choose to accept your application for services an OFS letter will be provided.

  2. An OFS may contain additional terms for any/all services provided by Terrible Talk

  3. Minimum period for service shall be eighteen months, unless otherwise stated in your OFS.

  4. Phone and broadband charges, included but not limited to smart features and tolls rates shall be stated within the OFS

8. Other Matters
  1. We can change these terms from time to time by giving you 5 (five) days’ notice. We will inform you of any change by emailing or writing to you, by putting a notice in major daily newspapers or by providing relevant information on our website. Our latest terms and conditions are available at terribletalk.org.nz If you do not agree to the changes, you may terminate the service which is the subject of the changes.

  2. 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.

  3. These terms are additional to Terrible Talk's GSA (Global Service Agreement), which may be viewed at terrible.org.nz/legal/talk/GSA or upon request supplied by Terrible Talk.

  4. Additional terms apply for wireless and RBI services, which may be viewed at terribletalk.org.nz/legal/talk/wireless or upon request supplied by Terrible Talk.

  5. A fair use policy applies to all services, which may be viewed at terribletalk.org.nz/legal/talk/fair-use or upon request supplied by Terrible Talk.


Abbreviation(s):
  1. you ('you', 'the customer' or 'your');
  2. Terrible Talk New Zealand Limited ('us', 'we' or 'our')
  3. Your Offer letter for services ('Offer for Services', 'Offer for Service', 'OFS').
  4. The terms of use employed by the regional incorporated entity that trades as "Terrible Talk" ('RTOU' , 'regional terms of use').
  5. Additional terms of service that apply to your services ('GSA' , 'Global Service Agreement').