Voice and Data Solutions NewZealand provides communications services, web and integration services generally to other businesses. Voice and Data Solutions NewZealand is owned and managed by vndsolutions; a New Zealand's registered and privately owned company. Our company is constantly evolving; therefore, we reserve the right to change our Terms and Conditions when necessary. It is the subscriber’s responsibility to ensure that they are up to date with our Terms and Conditions. However, we will notify customers of any important changes we feel they need to be aware of. By signing up to any of our services customers agree to be bound to all of our Terms and Conditions. The terms and conditions are set out below. If you have any enquires please don’t hesitate

1.GENERAL

For the purposes of these Terms and Conditions, “Agreement” means this Agreement. “Voice and Data Solutions” means VNDSOLUTIONS LIMITED, New Zealand “You” means the subscriber. Derivative terms such as “Your” will have corresponding meanings. “Equipment” means the applicable equipment, including but not limited to the Telephone Adapter, IP Phone, purchased or leased to You from Voice and Data Solutions, in order for You to Use the Service. “Service” means the Voice and Data Solutions service, including as the case may be Voice and Data Solutions’s Voice PBX services, SIP Trunking services, Calling Card services all of which may also include certain ancillary software or services. “Software” means the downloadable software application(s) made available to You by Voice and Data Solutions in order to use the Service. “User” includes any person including You, corporation, firm or other entity that uses the Service provided to You. Derivative terms such as “Usage” and “Use” will have corresponding meanings. Additionally “Customer” will hold the same meaning. “Automatic Debit” means the automated credit card debit process. “Call Termination Cost(s)” means the cost incurred by a Referred User for making a call that terminates to a PSTN service. “Referred User” means a user introduced to Voice and Data Solutions services by You using our referral program. This Agreement covers the terms and conditions that apply to the voice over Internet Services that Voice and Data Solutions provides to You, our Customer. If You buy the Voice and Data Solutions VoIP Equipment and Services through Voice and Data Solutions affiliates or third party providers, You are the Customer, along with anyone using our Service, with or without Your consent. BY SIGNING UP FOR, PAYING FOR, OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. Voice and Data Solutions may modify or cancel Service or take corrective action at anytime without prior notice as a result of Your violation of any of these terms and conditions. Terms and conditions may change from time to time, so please check our website, www.vndsolutions.com to stay up-to-date. You agree not to Use Voice and Data Solutions Services in any way that is illegal, fraudulent or abusive as determined by Voice and Data Solutions. You may not alter any of the hardware or software on Your Voice and Data Solutions Equipment and/or Services.

2.SERVICE

Quality of Service may be affected by conditions beyond our control, including atmospheric, geographic, or topographic conditions, Internet Service Providers, Wholesale Carriers, and/or Power outages. We do not warrant or guarantee that Service will be available at any specific time or geographic location, or that Service can be provided without interruption. For this Service to work properly, You must have the Voice and Data Solutions Equipment and Services and access to the Internet. Service interruptions will occur when a User account has a negative balance. The Services are offered on a prepaid basis billing periods.

3.CHARGES

All the Rates are for calls to and from landlines (unless otherwise stated). The Rates are subject to change without prior notice. Please note that extra charges may apply for calls from hotels/motels Credit balances are not refundable or transferable. Charges for Services vary according to card type. Different charges may apply depending on whether calls are made via a local access number, national convenience number or a nationwide local access number. When making a local access call from a payphone or mobile phone, usual pay phone or mobile phone charges apply before a call can be made. Please make sure that your calling device your landline or mobile phone gives you FREE calling to our access numbers. You can confirm the call by seeing the call records on our my account portal. For SIP Trunking and other voice services please see your billing type before start using it.

4.EMERGENCY SERVICE

Voice and Data Solutions is unable to pass your location details to emergency services, and therefore does not currently offer service to Emergency calls. Please ensure you have a mobile or PSTN line available for your emergency calling needs

5.SERVICE OUTAGE

Power Failure or Disruption You acknowledge and understand that Voice and Data Solutions Service does not function in the event of a power failure or disruption. Should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure Equipment prior to utilizing the Service. You acknowledge and understand that Service outages or suspension or termination of Service by Your broadband provider and/or ISP or by Voice and Data Solutions will prevent ALL Service, but You will continue to be billed for the Service unless and until You terminate Service in accordance with this Agreement. You acknowledge that Voice and Data Solutions out-sources the actual Internet telecommunications Voice over Internet switching infrastructure, and You acknowledge that Voice and Data Solutions will not be liable for any interruptions of Service, failure of Service or termination of Service. Service Outage Due to Suspension of Your Account You acknowledge and understand that Service outages due to suspension of Your account as a result of billing issues will prevent ALL Service.

6.OUR LIABILITY TO YOU

To the extent allowable by law: our liability for any claim, damages, loss or expense that you incur as a result of anything we have done or not done is limited to voice and data solutions standard charge for providing the Service giving rise to the claim against the company ; and we will not be liable for any loss of profits or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person.

7.LIABILITY OF THIRD PARTIES TO YOU

The following people will not have any liability to you: our employees, contractors and representatives; other network operators who use our network and allow us to use their networks, and their employees, contractors and representatives; and any person who provides any service, which is part of our services, and their employees, contractors and representatives.

8.SERVICE TERMINATION

You may terminate your account at any time by providing at least ten (10) days’ prior written notice of termination to Voice and Data Solutions. This notice is to contain your name, account number and clear request to terminate. Attempting to terminate Your Service prior to the end of a billing period, will make You responsible for the full billing periods charges through the end of the then-current period. Any notice of termination received within the final ten (10) days of any billing period term will be effective as of the conclusion of the subsequent billing period. Termination of a service with an inclusive subsidized Equipment offer within the first 12 months of Service, is subject to a cancellation fee. You will be charged a deactivation fee to the value of the total amount you were subsidized plus a $10 processing fee. The TA that was provided as part of the Service that you purchased is available for use with the Voice and Data Solutions network only. In no event will it be possible to use this device with another network. You acknowledge that Voice and Data Solutions will not issue refunds for any amounts lower than ten dollars ($10.00). We will also issue refund if you sent enough proof in the case of faulty product delivery for example the calling card pin does not work or the ip phone does not work.