Residential Voice

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Specific Terms & Conditions

These Specific Terms and Conditions apply to MyRepublic’s Residential Voice Services (the “Service”).  In addition to these Specific Terms and Conditions, the provisions of the General Terms and Conditions also apply.  Taken together, these Terms and Conditions may be amended by us from time to time. It is your responsibility to be aware of such changes, which will take effect when posted on our Website.  All references to “we”, “us” and “our”, are to MyRepublic.

 

Our Agreement with You

Your agreement with MyRepublic comprises of the following parts, which in the event of any inconsistency will apply in the following order of precedence (with the first in the list having greater priority):

  • these Specific Terms & Conditions, which apply to Residential Voice Services;
  • the General Terms & Conditions; and
  • the Application Form you have completed in relation to your Services.

 

Service Activation

Fibre Service Needed to Operate Voice Service.  Registration for the Service requires a MyRepublic Fibre Broadband account.  In the event that the MyRepublic Fibre Broadband account is terminated for whatever reason, the Service will be automatically terminated.

Internal Wiring.  You shall provide all internal wiring for the purposes of the installation of the Service.

Type-Approved Equipment.  The Service requires the use of a type-approved equipment, which may include an analog Telephone Adaptor (“ATA”) provided by MyRepublic.

Phone Calls are Chargeable.  All international calls, other premium service calls and any value added services will be chargeable at prevailing rates.

Residential Use Only.  The Service is provided by MyRepublic to you for your personal residential use only.  You may not use the Service for commercial purposes, resell the Service or transfer your Service Account to third parties, unless otherwise expressly agreed by MyRepublic in writing.  We reserve the right to immediately disconnect or charge our standard per minute rates if in our sole discretion we consider that your activity is inconsistent with normal residential usage patterns.  “Service Account” refers to the account you have with us, as registered by you, for your use of and access to the Service.

Application Rejection.  We may, at our sole discretion, reject your application for the Service and/or any request for changes to the Service Account, for any reason or no reason.

Sole Remedy is to Terminate Service.  In the event that you are not satisfied with the Service or this Agreement, your sole and exclusive remedy is to terminate our provision of the Service.

One Time Activation Fees Apply.  You may be charged a one-time activation fee by us for activating the Service.

Service Features and Pricing Change Over Time.  We have the right, at any time, to modify any aspect or feature of the Service.  We have the right, at any time, to amend any rules, rates, fees, Charges, and/or terms and conditions in respect of the Service, by publishing such amendments on our Website.  “Charges” means any and all fees and charges to be paid by you in respect of the Service, as published by us from time to time.  We may also change you to a new plan if we consider that you will be better off.  It is your responsibility to check all applicable charges regularly for changes.

You are Responsible for Your Service Account.  You are fully and solely responsible for any and all use of the Service Account, including but not limited to bearing any and all payment obligations and Charges arising from your Service Account, whether incurred by you or any other person, whether authorised and/or supervised by you.  You must ensure that all use of the Service Account and Service, whether by you or any other person, fully complies with this Agreement, all rules that we may issue from time to time, and all applicable laws and regulations.

 

Service Usage

Multiple Service Numbers.  Each person may register for multiple lines, to the extent permitted by MyRepublic, subject to prevailing charges.

NZ-Based Service.  The Service shall be available only in New Zealand.

Time to Service Activation.  Under normal circumstances, the Service will be activated within the time stipulated at the time of subscription or a time shortly thereafter.  However, due to a variety of operational circumstances, it may take longer for activation.

Service Number Allocation.  The Service Number allocated to you is subject to availability and confirmed upon Service activation.  “Service Number” means any number, including any telephone number, assigned to you by MyRepublic for your use and access of the Service in respect of your Service Account.

Number Ownership.  Any number that we allocate to you will always remain our property.

Change of Number.  We may be required by law, under contracts with other Network Operators or for other reasons to change your phone number(s). We will do our best to give you notice of any change required. We will not be liable for any costs which you, or anyone else, may incur as a result of such change.

Accurate Information Needed by You.  You must provide accurate and true registration information in respect of your Service Account to us, including your name, address and identification number.  You must promptly notify us of any changes to such information

Compliance with Law and Law Enforcement.  You acknowledge and agree that we may record, monitor and/or maintain any of your registration information, the Service Number, and any other information in respect of the Service Account as may be required by the relevant authorities from time to time.  Notwithstanding any of the foregoing, you hereby acknowledge and agree that we have no obligation to provide any data, and/or historical information relating to your Service Account to you, unless required by relevant laws and regulations.

Equipment Not Included.  The Service does not include any equipment including a telephone which is required by you to make or receive calls or derive any other benefit from the Service, unless expressly otherwise specifically provided under the terms of the MyRepublic promotional offer you signed up for.

 

Service Charges

Minimum Charge.  There is a minimum charge for fixed line calls which will not exceed one minute.  All calls are rounded up and charged by the minute.

Special Numbers.  If you call a special number you will be charged the rate as published by the Telecommunications Service Provider of that phone number, plus for special numbers your normal calling rate.

Charging Starts when Call Commences.  Each call is charged at the rate which is applicable when the call is commenced. You are responsible for all Charges, and for all calls made and used under your Account.

You May Change Price Plans.  You may choose to change from one pricing plan to another.  If you change your pricing plan it is up to you to check what, if any, special terms and conditions there may be for the different pricing plans or if there is any fee for changing.

Additional Features May be Chargeable. If you require us to provide you with technical support, or administration Services (including, as applicable, call barring, call redirection), we may charge you for the costs we incur in carrying out these Services.

 

Number Portability

Porting your Number to Another Service Provider.  You may port your assigned Phone Number to another Telecommunications service provider. If you wish to do so, you must contact the Telecommunications service provider to whom you wish to port. You will be responsible for completing the porting requirements of that Telecommunications service provider, and if you do not comply with these rules, you may lose your number.  We will comply with our obligations under the Terms for Local and Mobile Number Portability in relation to the porting of the Phone Number to the other Telecommunications service provider. You will be responsible for all costs associated with porting the Phone Number (including any applicable early termination charges).

Porting your Number to Us.  If you are transferring your Number to us, from another service provider, you give us the authority to work with the other service provider to port your Number.  You acknowledge that by transferring your number, there may be some features provided by the previous service provider , that are not supported by MyRepublic.   It is your responsibility to check your existing contract with the other service provider to understand any outstanding obligations you have with them including early termination charges and porting charges.  In order to transfer the number, MyRepublic will be supplying information on you to the other service provider.

Use of Other Telephone Services from Other Providers

Telephone services from other suppliers.  You are responsible for your relationship with any other supplier providing telephone or related services for you. For example, if we provide your local call Service, but you use another service provider for national or international calls and you change your address, you need to tell both us (for Services we provide) and the other service provider (for services it provides) about your move. If there is a problem with a service provided for you by another supplier, you need to contact the other supplier about the problem.

You Manage Your Other Telephone Service Suppliers.  If you have services with us that include your calling and you choose to take your calling to another supplier it is your responsibility to tell us to remove these services from your account.

 

Use of Service in Compliance with the Law

Compliance with Law.  You must use the Service for lawful purposes only, and in accordance with this Agreement and all applicable laws, regulations and rules.

Use of Service in Legal and Reasonable Manner.  You must not use the Service to transmit (or facilitate the transmission of) any material, message or content, or in any way or manner whatsoever, that (a) is unlawful, abusive, harassing, defamatory, libellous, invasive of privacy or publicity rights, obscene or indecent, or is otherwise unlawful, offensive or inappropriate, or incites unlawful, hateful or criminal conduct; (b) infringes any rights of other persons (including without limitation, copyright and any other intellectual property rights or proprietary rights); and/or (c) infringes any of the rights (including without limitation intellectual property rights) of MyRepublic, its suppliers, content providers, advertisers and licensors in respect of or as contained in the Service.  You hereby acknowledge and agree that you shall be fully and solely responsible for, and shall bear all the risks for, any material, message or content transmitted through your Service Account.

No Use of Service to Make Inappropriate Transmissions.  You must not use the Service to distribute or otherwise transmit any commercial advertisement or any bulk messages, unless otherwise expressly agreed by us in writing prior to such distribution or transmission.

Residential, Self-Use of Service.  Unless we provide our written consent to the contrary, you acknowledge and agree that (a) the Service is provided for your personal residential use only; (b) you shall not resell the Service to other persons whether for profit or otherwise and you shall not charge other persons for use of the Service; and (c) you shall not use the Service to operate as a service provider.

Do Not Harm Network.  You shall not use or cause such use of the Service to transmit any material, content, or any other adverse programming routine that may, or is likely to (a) interrupt, disrupt, congest, adversely impact or harm our network, the Service, or the systems or networks of any other persons; and/or (b) adversely affect other customers’ use, enjoyment and/or experience in respect of the Service and/or our network.

No Illegal Activity.  You acknowledge and agree that, in the event that we suspect that your Service Account is used for illegal or improper activities, we may inform the relevant authorities and/or act in conformity with the relevant authorities’ directions or guidelines, without prior notice to you

Law Enforcement.  If we are required by law or law enforcement, you acknowledge and agree that we shall have the right (but not the obligation) to monitor any and all transmission via the Service and the Service Account, that we shall have the right and sole discretion to determine whether the transmission violates this Agreement or any applicable laws and/or regulations, and that you shall abide by such right, discretion and determination as may be exercised by us.

Violating Content.  You acknowledge and agree that we shall have the right and sole discretion to block, filter, remove, limit, delete or modify any material or content transmitted by you or others through the Service Account and Service in the event that such material or content violates any part of the Agreement or the rights of any third party.

Your Change of Number.  You acknowledge and agree that any change of Service Number in respect of the Service Account shall be subject to MyRepublic’s sole discretion, and that MyRepublic may impose an administrative fee for such change.  You acknowledge the other one-time fees that may be imposed by MyRepublic as may be listed on its Website from time to time.

 

Product Warranty & Service Constraints

Warranty on Equipment.  Unless otherwise provided, equipment provided to you by MyRepublic including equipment to make the Service operate is not guaranteed by MyRepublic.  This equipment carries manufacturer’s product warranties, and you shall refer to the manufacturer directly for the full details and charges for after-sales support. MyRepublic shall not be liable for product warranty, repair or other product related issues in connection with the supply of this equipment.

Power is Needed for Service to Run Undisrupted.  Disruption of power will affect all Services supplied.  MyRepublic is not liable for any Service failure you suffer as a result the Services being unavailable or interrupted due to a disruption to your power.  In the event of power outage, connection to Emergency Services (111) will not be possible.

Product Compatibility is Your Responsibility.  You acknowledge that certain security alarm systems, PABX, key phones, computers or wireless equipment may conflict with the provisioning of the Service.  It is your responsibility to check with the respective vendors to ensure compatibility of such products with the Service.  We will not be liable to you for any damage caused to an incompatible product.

Facsimile.  Unless otherwise provided, the Service will not be able to support facsimile service.

 

Directory Assistance and Listing

We may include your personal information in any telephone or similar directory or directory enquiry Service provided or operated by us or by a third party subject to any objection or preference you may have indicated to us.  Any arrangement you make with the directory listing service, to be listed or not listed will be a matter between you and that directory listing Service.  Your number may still be displayed to emergency Service providers and to us.

 

Fair Use Policy

The Fair Use Policy is referenced against average residential customer profiles and estimated residential customer use of a service. If your use materially exceeds these use patterns over any month, then your use will be deemed excessive and/or unreasonable. As examples the following uses would be considered to breach this policy – business use, automated call messaging, monitoring services, broadcast fax or outbound call centres. If you breach this policy we may ask you to moderate your usage. If you fail to do so, we reserve the right, without further notice, to charge you for the excessive element of your usage and/or remove the Service from your account.

 

Liability Arising from Service

No Warranty on Service.  Neither MyRepublic nor any of its corporate parents, affiliates, subsidiaries, nor any employees, officers or directors of the foregoing warrant that the Service will be accessible, reliable or available, or be without disruption, interruption or errors.  You hereby acknowledge and agree that the use of the Service is at your sole risk, and that the functionality of the Service is dependent on factors beyond our control, including without limitation the network, systems, settings, policies and infrastructure of your Internet service provider, overall network condition, force majeure events (including any and all acts of God), loss of electricity, acts of third parties, and numbers of users accessing our network, the Service, and their compliance with our rules in respect thereof .

Service Provided on an “as is” Basis.  The Service and any work performed by us in respect of the Service, are provided on an “as is” and “as available” basis without warranties of any kind whatsoever, whether express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or non-infringement

No Liability to MyRepublic.  Neither MyRepublic nor any of its corporate parents, affiliates, subsidiaries nor any employees, officers or directors of the foregoing shall have any liability whatsoever in respect of any loss of data suffered arising from the use of the Service and/or the Service Account, howsoever caused.  Subject to the Consumer Guarantees Act 1993, under no circumstances shall MyRepublic be liable to you.

 

Termination and Suspension

Termination by You.  You may give up the Service simply by informing us by email. Subject to any minimum term or notice period (where an early termination fee may apply), charges will stop 30 days after we receive your notice, unless we agree that charges will stop earlier.

30-Day Minimum.  The Service is subject to a minimum 30 day charge.  If you terminate your Service within the first 30 days of service, you will still be charged for a full 30 days of service.

Termination/Suspension by Us.  In addition to any grounds set forth in the General Terms and Conditions, we may also terminate this Agreement and/or suspend the Service Account if:

  • you have breached the terms and conditions of any other services provided by MyRepublic, including without limitation, our Fibre Broadband service;
  • as result of factors beyond our control, including without limitation, acts of God, natural disaster, regulation or acts of government authorities (including removal of any applicable licence and issuance of court order), fire, civil disturbance, strike or weather, failures by our suppliers, we are unable to provide the Service; or
  • we subsequently decide to discontinue the operation and provision of the Service.

Number Re-Assignment.  If you or we disconnect your connection to the Services, we may allocate your Phone Number to another customer.

 

Indemnification

You hereby agree to fully indemnify, defend and hold harmless MyRepublic and all of its corporate parents, affiliates, subsidiaries, and all employees, officers and directors of the foregoing from and against any and all claims, losses, damages and expenses (including legal expenses) arising out of the use of the Service and/or the use of your Service Account whether by you or other persons, and/or arising out of any third party’s republication of contents and materials transmitted from your Service Account.

 

Governing Law

This Agreement shall be governed by the laws of New Zealand.