Terms & Conditions
This is a summary of Voice Connect’s Standard Form of Agreement (Standard Agreement or SFOA) terms. The SFOA sets out the terms and conditions on which Voice Connect provides telecommunication services (Services) to Clients.
It is not possible to cover everything in the SFOA and this summary is designed to give you, our Client, information about the important matters generally applying under the SFOA. Particular services may have other specific terms and conditions.
A copy of the full conditions and terms for a specific service is available from Voice Connect on request.
The SFOA is binding on you. As a Client you are obliged to comply with the terms and conditions of the SFOA even if you do not have a copy and have not read it.
IMPORTANT CLIENT INFORMATION INCLUDING YOUR RIGHTS AND OBLIGATIONS
Provisioning of Services
Voice Connect supplies the following Services under the SFOA, including goods and equipment to make use of those Services:
Voice over Internet Protocol services (VoIP), Leased Line Services, Frame Relay Services, Asynchronous Transfer Mode (ATM) Services, Internet Protocol Virtual Private Network (IP VPN) Services, Managed Router Services (MRS), Ethernet Services, Integrated Services Digital Network (ISDN) Services, 13/1300/1800 Inbound Services, Long Distance/National/International Services, Teleconferencing Services, Virtual Number Services, Co-location Access Line Services, Business Line Services, Dedicated Internet Access Services, Fiber Services, Broadband Internet Services, Collocation Services, Voice Primary Rate Interface (PRI), eFax, Email Account Services, Domain Name Registration & Hosting Services, and all Voice/Data Services.
Upon acceptance by Voice Connect of the Order Form, Voice Connect agrees to provide and the Customer agrees to acquire the Service as is set out in the Order Form. The Service will be activated on the later of the date on which Voice Connect is able to provide the Service and the requested activation date nominated in the Order Form. Voice Connect will use commercially reasonable endeavours to activate the Service in accordance with the timeframes requested by the Customer. Voice Connect will not be responsible for any delays in installing the service due to install delays by Voice Connect suppliers and other their contractors.
There may be a Minimum Term for which we will contract to provide a particular Service. We may provide the Service using a combination of the Voice Connect network and Voice Connect owned facilities and any network or facility of another carrier or carriage service provider.
Service
Voice Connect does not warrant that the Service will be uninterrupted or fault free. Voice Connect will use its best endeavours to meet the Service Levels and, if it fails to meet those Service Levels, will provide a Service Credit in accordance with the terms set out in the Service Level Schedule.
Single Number and Number Range Services
Voice Connect Pty Ltd has full ownership of any Number Range service provided to you for use with IP phone service and other services unless otherwise specified by Voice Connect in writing.
Ownership of any single number or a number range that has been ported into Voice Connect will remain with the customer.
A monthly service charge will apply to all hosted single numbers and number ranges.
Parties to this Agreement
The parties to this agreement are Voice Connect Pty Ltd (the billing service provider) and you the customer.
If no ACN number is provided on the Customer Service Application Form then the person noted in the Directors / Authorised Personnel Details will be the legal owner of the services ordered with all the obligations noted in this agreement.
Commencement & Minimum Contract Term
The Agreement commences on the date you sign the Application for Service and continues for the Minimum Contract Term (if any) and then on a month to month basis.
The Minimum Contract Term (if any) commences on the earlier of;
(a) the date on which you first make ‘Usage’ charges on the Service;
(b) the date on which you first make ‘Usage’ items on the Service.
Your account may have one or multiple services. Each service in your account is bound by the Minimum Contract Term and bound by any subsequent conditions such as Termination & Suspension, Early Termination Fees and all other conditions in this agreement.
Cancelation & Disconnection / Termination & Suspension & Service Restricting
You must give Voice Connect 30 days notice in writing if you wish to cancel, disconnect, terminate or churn to another billing provider a service or an account. If you request to terminate, cancel or disconnect a service you will still be billed for Service & Equipment charges and usage until the carrier disconnects the service. It can take the carrier up to 30 days to disconnect a service.
There are certain events, which may result in us immediately suspending, restricting, disconnecting or canceling the Services on your account(s), including if:
(a) you default in payment of any Charges by the due date and fail to remedy such default within 5 days of written notice from us;
(b) you become insolvent or you appoint a receiver, receiver and manager, administrator, controller, provisional liquidator;
(c) a liquidator is appointed to a party or a party enters into a scheme of arrangement with its creditors or is wound up;
(d) any of your accounts or services with Voice Connect have an overdue amount owing by more then 1 month;
(e) you default in any obligation and fail to remedy such default within the period we have allocated; or
(f) we reasonably suspect fraud or misuse of the Service by you.
If we terminate or disconnect your services for any of the above reasons then an Early Termination Fee will apply to each service.
If you wish to terminate or churn to another billing provider any of your services prior to expiry of an applicable Minimum Contract Term, you must give us by giving 30 days written notice provided that such notice does not take effect on any day other than the last day of a calendar month and pay to us an early termination fee in an amount equal to the Recurring Charges payable for the remainder of the Minimum Term plus 35%. If we validly terminate a Service prior to expiry of the Minimum Term, you must pay to us, by way of liquidated damages, the fee referred to above.
Voice Connect may terminate any or all of your Services immediately if you become insolvent or a receiver or liquidator is appointed or anything analogous to such events.
After expiry of any applicable Minimum Term, either party may terminate the Service by giving 30 days written notice to the other, provided that such notice does not take effect on any day other than the last day of a calendar month.
Each new PSTN or BRI 2 service connected by Voice Connect that moves to another Service Provider before a period of three full months has ended (from service activation completion date) will incur a $100 charge.
If your service has been restricted, terminated or disconnected for any reason you agree to pay a reconnection fee for each individual service that has to be reconnected or unrestricted.
Early Termination Fee
If one of the following events occurs to any of your services prior to the Minimum Contract Term elapsing in full; (a) you move or churn away any service to another service provider, (b) you cancel any service, (c) we terminate or disconnect your service(s) under the ‘Termination & Suspension’ clauses; then you must pay us an Early Termination Fee for each service affected.
The Early Termination Fee amount for each service is the monthly Recurring Charges payable for the remainder of months remaining in the Minimum Contract Term plus an additional 35%.
An Early Termination Fee will apply for each service in your account that has been canceled, disconnect, churned away or moved to another service provider prior to your Minimum Contract Term expiring in full.
Service Preselection or Rebill Loss to Other Service Provider & Service Porting Out Charges
Voice Connect will charge a Preselect or Rebill Churn-out Fee for each service that is churned to another service provider. A fee will be charged each month for each service billed by Voice Connect for Service & Equipment that has preselected any call usage types (includes; local, national, international, data, 13 & 1300 outbound, special calls) to another service provider. Unless predetermined on the service agreement form assigned eFax and Virtual Number service numbers supplied by Voice Connect cannot port or churn to another service provider.
There will be a charge for each service that ports out to another service provider. Port out charge will differ according to service product type.
Charges & Billing
Charges for the Services include:
(a) a one-off Installation Charge and monthly Recurring Charges which we bill in advance;
(b) usage Based Charges which we bill in arrears;
(c) occasional charges for miscellaneous works as set out in the SFOA.;
(d) a Transfer Of Account charge for each individual service that is moved out or into your account;
(e) a Churn Out charge for each individual service in your account when moving to another service provider.
Service & Equipment charges may be increased to reflect any service price increase by the appropriate carrier.
If you have not paid your account by the due date two or more times in the past six months then we reserve the right to remove any discounted Service & Equipment rate charged and apply the standard Service & Equipment rate charge. (You can avoid loosing the Service & Equipment discount rate by choosing the direct debit payment method.)
No modifications to any of your services can be done if you account is in arrears or overdue. You must bring the payment of your account up to date preceding any modification being processed.
There may be other Charges payable in respect of a particular Service, which are set out in the Application for Service. We will charge you an amount on account of the GST liability for supplies made to you. We may vary the Charges at any time after expiry of the Minimum Contract Term.
We will bill you monthly but we may at any time vary the billing cycle on a one-off or continuing basis. Our records and those of our suppliers (including other carriers and carriage service providers) are conclusive evidence of the amount payable. For the avoidance of doubt, Voice Connect will, acting reasonably, consider any genuine billing dispute raised by you.
We will only accept payment by cheque for Voice Connect approved customers.
Payment by credit card will incur a surcharge of the sum being paid. Paper printed bills will incur an additional Bill Print charge.
You may be charged a late payment fee plus interest if you fail to make payment by the due date.
Any changes to your tariff rate plan will have a Change of Tariff charge applied, and tariff changes will only take effect on the next billing cycle.
Local calls made on PRI, BRI and ISDN Services which are used for Data, Video Conferencing, banking, security, or any other non standard voice purpose will be billed at per minute basis and not at an untimed basis. The per minute rate can be different from the Local or National tariff billing rate.
Local calls made on PRI, BRI and ISDN Services may have an additional per minute charge after the first ten minutes have elapsed.
Calls to mobiles have a minimum charge per call.
National and international calls have a minimum time charge per call.
GST on Service(s) / Hardware / Setup / Provisioning & Installations
All pricing for hardware, installation and provisioning solutions excludes GST. Pricing on all quotes for services and products is excluding GST.
Pricing on this Service Agreement contract excludes GST.
The GST component will be added in the invoice of the applicable service or hardware or setup or provisioning & installation or product billed to the customer.
Installation Charges – Street to Site Service Install / Hardware Install
You agree to pay any Telstra additional street to site installation charges that Telstra impose which is less then $2750 excluding GST after their site inspection of your ordered service.
Free Calls Tariff Plans
Tariffs with Free Local and/or Nation calls have a specialized Service & Equipment charges.
All tariffs with Free calls are applicable to voice calls only without exception. All other types of calls will be charged per call or per minute rate, whichever is appropriate.
Free Local calls on Simple Saver tariff plans are free for the duration of the entire call.
Free Local calls on any ISDN tariff plans are free for the first 10 minutes only. After the free ten minute period has elapsed then the appropriate timed rate charges will apply.
Free National calls on all tariff plans are free for the first ten minutes only. After the free ten minute period has elapsed then the appropriate timed rate charges will apply.
All timed rate charges applicable to Free calls (once the 10 minutes has elapsed) are billed in 30 second blocks.
Fair Use policy applies to all Free Local and National calls for each service.
Free calls between On Net sites are applicable only to sites that are using Voice Connect’s VoIP Services, and the free calls apply only when calling other sites that are using Voice Connect’s VoIP Services.
Performance Targets
The Services have performance targets, which are set out in the SFOA and cover, where applicable:
(a) network availability;
(b) repair times; and
(c) provisioning times depending on access site conditions.
We do not guarantee that the Services will be continuous or fault free but will use reasonable endeavors to meet the performance targets.
Voice Connect does not guarantee any Service provided by other carriers and services providers.
Complaints & Fault Reporting
If you wish to report a fault or make a complaint, you should call Voice Connect’s Support Department on: 1300 995 464 or email to [email protected]
Voice Connect provides a business fault reporting service, which is prioritized depending on the severity of the fault and escalated accordingly. Voice Connect is responsible for rectifying faults within its network. Where the fault is within another carrier’s or service provider’s network Voice Connect will notify that other carrier of the fault and request that the fault be repaired promptly but will bear no liability or responsibility or loss incurred to you our client.
If Voice Connect responds to a fault reported by you and it is found to be caused by your equipment, or no fault in the Service exists, you may be charged by Voice Connect a call out fee or a Dirty Ticket Charge and, where applicable, Voice Connect’s service fees for fixing the fault. Voice Connect also provides a high-level complaint escalation procedure for complaints, which are not resolved at the point of initial contact with Voice Connect’s Client service representative.
Key Obligations
(a) You must pay all Charges for the Services within the earlier of;
- (i) the due date written on the invoice;
- (ii) if no due date appears on the invoice, then 14 days of the date of issue of invoice.
(b) You will be responsible to pay for all Charges whether or not you authorised use of the Service by another person.
(c) You must not interfere with the operation of the Service, the Voice Connect network or the network of any other carrier or carriage service provider that is interconnected to the Voice Connect network or Voice Connect Equipment or supplied by Voice Connect.
(d) You must indemnify us against any costs, losses, damages, claims, liabilities or expenses arising from the use of the Service (e.g. for any transmitted material which is defamatory or in breach of copyright), or any personal injury to or death of any person or any property damage caused by your act or omission or by your breach of the SFOA.
(e) You must notify us of any faults in relation to the Service and provide all necessary assistance to enable location and repair of any Service faults.
(f) You must obtain any authorizations, permission or license necessary for us to provide the Service to you.
(g) You agree to allow our authorised personnel safe access to any Voice Connect Equipment, Your Equipment and any of Your Premises at which a Service is to be provided.
(h) You bear the risk of loss or damage and cost of replacement to any Voice Connect Equipment while it is in your possession or control.
(i) You must comply with any instructions we may give you and provide all information and assistance we may require in order that we can comply with any directions of a government agency, emergency services organisation or other authority, or as necessary to avoid causing any breach by us of any of our suppliers’ (including other carriers’ and carriage service providers’) terms and conditions of supply to us.
(j) We may, at our option, supply you with software for the purpose of analysis of our billing information. You agree to use that software in accordance with the terms contained in the SFOA.
(k) If we grant you access to our Client Service Portal (Portal) for the purposes of requesting new Services, a variation to a Service or accessing your account information, you must ensure that your username and password are kept safe and secure, are only used by you and are not disclosed to any other person. You are solely responsible for your own anti-virus and security measures while using the Internet to access the Portal. We exclude all liability for any damage suffered as a result of unauthorized access to your account or for any incorrect or incomplete information contained in the Portal.
Personal Information
We collect and use Personal Information about you primarily to supply you with the Services you order from us. We also collect and use your Personal Information for related (or secondary) purposes, including assessing your creditworthiness, billing and account management, to provide you with information about products and services which we, or any of our partners or affiliates, may provide to you, business planning and product development and complying with legal requirements.
If you do not provide all the Personal Information we request from you, we may be unable to supply the Service you have requested or we may be restricted in the way we supply that Service to you.
We may disclose your Personal Information (for the purposes set out above) to any of our suppliers (including other carriers and carriage service providers, and our equipment suppliers) who needs access to the Personal Information to provide us with goods or services, enabling us to supply you with the Service, or any Related Body Corporate of ours, or any of our partners or affiliates.
For the purposes of processing your Application for Service, establishing your account and ongoing credit management of your account, you authorise us to obtain credit information from credit reporting agencies and businesses that provide that information. You also authorise us to provide credit information to any credit provider.
Liability
You have rights under the Trade Practices Act. Subject to that act and except as expressly provided to the contrary in the SFOA, we are not liable to you for any breach of any express or implied terms, conditions or warranties.
Where we are unable by law to exclude our liability, but we are permitted to limit that liability, our liability for such breaches is limited, at our option, to, if the breach relates to goods, the replacement or repair of the goods; or, if the breach relates to services, the re-supply of those services, or paying the cost of having those services re-supplied.
To the extent permitted by law:
(a) we are not liable to you for any indirect or consequential loss, loss of profits, loss or corruption of data or interruption to business in connection with and Service and with the SFOA;
(b) our aggregate liability to you in respect of all claims whether in contract, negligence, other tort or statute will not exceed the amount paid to us by you erring the Minimum Term; and
(c) the rebates available under the SFOA, are your sole remedy in respect of any event giving rise to our failure to achieve any performance target.
Assignment
You cannot transfer or assign any of your rights or obligations under the SFOA without our prior written consent. We can assign or novate the SFOA to any Related Body Corporate or other person without your consent.
