TalkFree

TalkFree Terms and Conditions

1. These Terms:

1.1 These terms and conditions set out the basis on which we provide telephone calling and toll free services to our business customers.

1.2 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.

2. Our Services:

2.1 We are not obliged to provide services unless we accept your application. We can decide whether or not to accept any application.

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

2.3 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 service as soon as possible. If you need assistance in using our services please email our support centre at support@talkfree.co.nz . The support centre operates during working business days 8am to 6pm Monday to Friday (except Public Holidays).

2.4 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.

2.5 We can suspend or restrict our services at any time if:

(a) we consider it necessary to protect or maintain our network or anyone else's network; or

(b) we believe that you have breached any of our terms and conditions.

Network charges will still apply during the period of any suspension. In addition, if our services are suspended because of your breach, we can charge you a reconnection fee if services are to be recommenced.

3. Charges:

3.1 You must pay our charges for the services we provide to you, regardless of whether you or someone else uses those services. We may vary our charges from time to time. If we increase any charge we will give you as much notice as reasonably possible.

3.2 We will invoice you monthly for services we provide to you. Fixed charges are payable in advance. Usage based charges (such as toll calls) are payable in arrears

3.3 You must pay each invoice within 19 days of the invoice date. If you do not pay any invoice within that time we may:

(a) charge you interest on the overdue amount from the due date until the date you pay, at the rate of 1.5% per month; and

(b) withhold any rebate, discount or similar incentive which would otherwise be available to you; and

(d) recover from you any debt recovery costs; and

(e) require you to put in place a direct debit payment arrangement for payment of our invoices

3.4 If you wish to raise a genuine dispute regarding an invoice from us you must do so in writing within 19 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.

3.5 We may at our discretion impose a credit limit on your account.

3.6 If you breach any term of this agreement, and we incur costs as result, then you must pay those costs on demand.

4. Using Our Services:

4.1 You must not use our services (or permit our services to be used) in a way which:

(a) breaks any laws;

(b) infringes anyone's rights; or

4.2 You must keep confidential any password or PIN number which is used by you to access our services and we recommend that you change this on a regular basis for security reasons. You must also change your password or PIN number if we ask you to do so.

4.3 You must comply with any reasonable restrictions we impose or directions we give regarding the use of our services.

4.4 You must ensure that all information you give us is correct. Where any information you have supplied to us changes (such as contact details) you must provide us with updated information as soon as possible.

4.5 Subject to any term commitment, you must notify us if you wish to terminate your non-code access to our services.

4.6 You agree that we can act on any verbal instructions you give us in relation to the services.

4.7 We may install equipment and carry out other work at a customer's premises. If we do so at your premises, you must allow us and our contractors access 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.

5. Phone Numbers and Directories:

5.1 Any phone number that we allocate to you does not become your property. We may need to change your phone number. If we do need to change your number we will give you as much notice of the change as we can.

5.2 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 Telecom. You agree that Telecom can use your details for those purposes.

5.3 You agree that no member of the Telecom 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.

6. Term:

6.1 If you have agreed to use a service for a fixed contract term, then you must do so. you can terminate the service during the fixed term by paying the early termination fee. For services where there is no fixed contract term, or where the fixed term has expired, either of us can terminate that service on giving the other 30 days' written notice.

6.2 We can terminate the provision of any service to you on no less than 30 days' written notice if a third party service provider or carrier does anything that prevents us from supplying that service to you on a commercially viable basis.

6.3 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.

6.4 If this agreement is terminated for any reason you must still pay us for services provided to you up to the date of termination. If you have prepaid for a service, no refund is payable to you on termination unless we agree otherwise.

7. Liability:

7.1 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):

(a) if any communication you make is intercepted;

(b) if any communication you make is not properly transmitted or received;

(d) for any delay in commencing the provision of services;

(e) if any software or equipment we supply does not operate properly;

(f) for any error in any directory listing which we arrange;

7.2 We are not liable to you for any fault in or non-provision of services which is caused by an event beyond our reasonable control.

7.3 If you use another service provider's services 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.

7.4 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.

7.5 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.

7.6 You agree that you are using our services for the purposes of a business and that any rights you may have had under the Consumer Guarantees Act are excluded.

8. Privacy:

8.1 You may at times supply us with personal information, for example, when you apply to become a customer. We may also obtain personal information from your use of our services.

8.2 You agree to us using your personal information and where appropriate disclosing it to third parties where this is required for us to provide you with services, for credit checking and collection and to communicate with you about our current and future services.

8.3 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 charge for making it available) and to request that any incorrect information be corrected.

8.4 We may record or monitor calls between us to verify information and for staff training purposes.

8.5 If another TalkFree customer 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 customer services support@talkfree.co.nz

9. Changing these terms:

9.1 We can change these terms from time to time by giving you 14 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

10. Notices:

10.1 If we wish to communicate with you or notify you of anything we can do so by post, phone, facsimile or email to the last known address or number we have for you.

10.2 If your contact details change you must advise us of the new details as soon as possible.

11. Other matters:

11.1 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.

11.2 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.

11.3 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.