Voice Service Terms & Conditions

By using this Service, you agree to the terms set out below, which are specific to your vGRID Voice Service and apply in addition to the Standard Terms & Conditions (located here: https://vgrid.nz/terms/business) you accept in becoming a customer of vGRID. If there is any inconsistency between these terms and our Standard Terms & Conditions, then these Specific terms shall prevail.

Other terms that may apply:

Other applicable vGRID policies may also apply to your use of our services. If so, they will be specifically referenced in these or our Standard Terms and Conditions. Pricing is subject to change at any time during the term of this contract.

1. Availability of Service

The Service:

You understand and accept that by using your vGRID Voice services, you will be using VOIP (voice over internet protocols) as the basis for your voice services, and that VOIP is not a traditional phone service as it relies on your broadband service to function. In the event of any form of broadband service interruption (due to, for example, a power failure at your premises, broadband network outage issues or any other disruptions to your internet connection), then your voice services will be impacted.

In such events, you may not be able to make emergency services calls from your VOIP phones and you or your staff would need to use alternative means to contact emergency services. You also accept that your vGRID Voice service is not designed to connect with non-voice communications equipment such as security alarms, Eftpos, Sky TV or fax machines except our Fax number feature.

Definition of terms “unlimited” and “calling”:

“Calling” refers to standard person-to-person outbound phone calls, and “unlimited” essentially means “unlimited – under reasonable conditions”. Exclusions are noted below and our Fair Use Policy does apply. The vGRID unlimited calling offer found in Voice Service Bundles only applies to person-to-person calls to NZ Local, NZ National and NZ Mobile calls. All other calls are charged at our standard rates. Automated calling and calls made to specialised services may attract additional charges.

2. Usage & Security

Because of the nature of these services, we cannot guarantee the confidentiality of any calls or transmissions you make using the service. Maintaining and protecting how and when your service is used is solely your responsibility. You must pay all charges on your account regardless of whether you or someone else uses those services. The normal use of hardware does not include adverse power supply conditions such as power surges including lightning damage.

Voice System Security:

You are solely responsible for maintaining the confidentiality of any passwords or PIN numbers you use to access our services. vGRID can, at our discretion, restrict, disconnect or change your User ID or Password if this is in the interest of the functioning of your vGRID Voice service or to prevent fraudulent use of the VOIP service.

Voice Calls Usage:

The unlimited calling bundle covers standard person-to-person calls only. It cannot be used for the following:

• Auto Dialling
• Continuous call forwarding to mobile

Modification of the bundle is not permitted without written approval. Additional lines or DDI numbers are added as a per-user add-on as described in the bundle. Your use of our vGRID Voice service and Unlimited Calling plan is subject to both our Fair Use and Acceptable Use Policy, both of which are outlined in our Standard Terms & Conditions and are expanded upon as to how these policies will be applied in relation to such services, below.

3. Acceptable Use

You must not use the services in any way which:

• Breaks any laws
• Infringes anyone’s rights
• Is malicious, obscene or offensive

You are responsible for all your activities while using our Services, including all content or material you may access. vGRID can, at our discretion, restrict or disconnect you if we consider that you (or anyone using your vGRID Voice and Broadband) have engaged in improper or unacceptable use of our Services.

4. Our Fair Use Policy

These terms apply to your voice services:

• Your use of this service must be fair, reasonable and not excessive, as reasonably determined by us by reference to average and/or typical customer usage of the services equating to approximately 1,000 call minutes per month. vGRID will monitor usage and if it materially exceeds the average and/or typical usage then we will consider it unfair.
• If in our reasonable opinion, we consider your calling usage to be unfair, unreasonable and/or excessive we may immediately suspend, modify or restrict your use of the services or withdraw in full or in part your access to the services or levy additional charges for such unfair, unreasonable and/or excessive use.
• Where we offer any included services such as included or unlimited calling minutes that use is offered for the user’s individual use and benefit only. Such services may not be resold or used for auto dialling and continuous call forwarding to mobile.
• Where we provide services to you that include users and devices, a user has the flexibility to utilise up to 3 voice devices, the devices are for one user only.

5. Performance Guarantees

vGRID will provide vGRID Voice services using reasonable skill and care. We are unable to give specific performance guarantees or confirm that the voice services will remain uninterrupted or error free.

6. Your Broadband Service

If, as part of your vGRID Voice service you have included vGRID Broadband service, the following additional terms apply. Both the speed and quality of our Services can be influenced by factors beyond our control such as, but not limited to usage on the Internet, distance from exchanges, internal wiring and cables on your premises, and the number, quality and configuration of devices being used on your site to send or receive data. Data speed, when referenced will always refer to the theoretic “maximum possible network connection speed”, which we cannot guarantee, as your actual speeds may be affected by factors other than our network.

vGRID Access is not required for vGRID Voice, but you need to have a broadband connection that is suitable for VoIP (we strongly recommend UFB or VDSL) and you need to be aware that vGRID can only provide assistance on issues that relate to vGRID services specifically. This means that we cannot assist you with quality or network issues (for example) related to your non-vGRID connectivity, even if these issues also affect your vGRID Voice service. This consideration also applies if you have a 3rd party router.

vGRID Supplied VoIP Hardware

Should you receive rented equipment from us as part of a contract with a minimum contract term, the rental component of your contract remains in effect at the same price even after the minimum contract term ends. You may continue to rent this equipment from us until you choose to terminate the corresponding services with us, either by transferring your services to another provider or asking that we disconnect them, at which time you must return the equipment to us. If you terminate your services with us within the period of a minimum contract term, you must return the equipment, or you will be charged an amount equal to the purchase price of the equipment in addition to any Early Termination Charges that relate to the services you have purchased from us. In either case, you must return rented equipment to us within 30 days of termination of your corresponding services with us or make other arrangements with us within this period. Failure to do so will result in you being charged the amount described above. Rented hardware that is damaged through normal wear and tear or manufacturing faults will be replaced at no charge by vGRID (except for courier charges) as long as the rental agreement remains in effect. Rental equipment that is required to be replaced for other reasons (misuse, loss, accidents, etc) will incur a charge for repair (or replacement) up to the purchase price of the rental equipment for replacement.

Purchased equipment is covered by a 12 month return-to-base warranty. If you choose to use VoIP hardware that is not supplied by vGRID, we will be unable to provide you with support for configuration or service issues. We require that you only use hardware for the vGRID Voice service from our list of approved VoIP hardware (available on request) so that we can ensure that your hardware will work with our service. We will do our best to provide you with basic support for this hardware if possible, but recommend that you engage a 3rd party technician for ongoing support.

7. Ending this Agreement

Termination:

We require 30 days written notice for the termination of the Service. If that Service is being provided to you for a specific fixed term and you cancel within that term, then you must also pay any applicable early termination fees.

Fixed Term Contract:

If you have agreed to use a Service for a Fixed Contract Term and /or your pricing plan is based on a Fixed Contract term, then that contract term applies. If you cancel within the Fixed Contract Term, then you will be liable for any applicable Early Termination Charges. Your contract starts from the date that we deliver all services listed on the Sales Agreement to you.

Your Early Termination Charges for vGRID Voice will be as follows:

• 30% of the monthly recurring charges (excluding hardware) remaining on your contract for the initial contract period. All PBX fees, lines and numbers.
• 100% of monthly hardware rental fees remaining on your contract for the initial contract period.
• You will also be charged for any fees we have previously waived on your contract for the initial contract period such as, but not limited to, any setup fees or porting fees.

Return of Rental Equipment:

In the event you do end this agreement, you will be responsible for the return of any equipment provided by vGRID as part of your Services with us. You agree to pay for any equipment, not returned to us within 30 days of the end of your Services or if the equipment is returned in damaged condition (accounting for normal wear and tear). Replacement costs are set at our standard purchase price for the relevant hardware at the time of termination.