VoIP Terms and Conditions
These Terms of Service constitute theagreement ("Agreement") between Amnet and the user ("you,""user" or "Customer"). This Agreement governs both theService and any devices, such as a VOIP gateway box, IP phone, Telephone Terminal Adapter, or any other IP connection device, ("Device" or"Equipment") used in conjunction with the Service.
By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms andconditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.
You means the customer who makes the Application and where two or more persons have applied, means those persons individually and every two or more of them jointly (and your will have a corresponding meaning). Amnet is a division of Amcom Pty Ltd (ABN 33 009 336341) any Related Amnet Entity which supplies the Service to you (and our will have a corresponding meaning).
VoIP Terms and Conditions
Amnet services are offered on a pre-paid basis for Amnet Broadband customers. The prepaid services require the monthly fees, if applicable, and call charge credit to be paid in advance every month and begin on the date that Amnet activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew monthly without further action by you unless you give Amnet written notice of non-renewal at least (10) Business Days before the end of the monthly term in which the notice is given.
You are purchasing the Service forfull monthly terms, meaning that if you attempt to terminate the Service prior to the end of a monthly term other than the Money Back Guarantee period, youwill be responsible for the full month's charges to the end of the then current term, including without limitation, unbilled charges all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relationto the Agreement.
If you terminate during the MoneyBack Guarantee period and provided you return in sound and undamaged conditionany devices purchased by you then you will be refunded all costs other thancall charges.
Any telephone number provided byAmnet in conjunction with the service is part of the service and will berelinquished if you cancel the service.
1.2 Lawful Use of Service and Device
You agree to use the Service andDevice only for lawful purposes. This means that you agree not to use them fortransmitting or receiving any communication or material of any kind when inAmnet's sole judgment the transmission, receipt or possession of suchcommunication or material
(i) Would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or
(ii) Encourages conduct that wouldconstitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Amnetreserves the right to terminate your service immediately and without advancenotice if Amnet, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable and may atAmnet's discretion be immediately charged to your credit card.
1.3 Loss of Service Due to Power Failure or Internet Service Outage or Termination or Suspension or Termination by Amnet
You acknowledge and understand thatthe Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet, in the event of an outage of, or termination of Broadband Internet service, the Service will not function, butthat you will continue to be billed for the Service unless and until you orAmnet terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or Internet Broadband outage, the Service will not function until power is restored or the Internet outage is resolved. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilising the Service. Power disruptions or failures or Internet outages will also prevent dialling to emergency service numbers including the Emergency 000 calling feature. Should Amnet suspend or terminateyour Service, the Service will not function until such time as Amnet restores your Service (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement).
1.4 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on Amnet website are protectedby trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Amnet and shall remain the exclusive property of Amnet and nothing in this Agreement shall grant you the right or license to use any of such marks. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derivethe source code from the binary code of the firmware or software.
1.5 Tampering with the Device or Service
You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from Amnet in each instance which Amnet may deny in its sole discretion. Amnet reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term,including without limitation unbilled charges, plus a disconnect fee, all ofwhich immediately become due and payable. You agree not to hack or disrupt the service or to make any use of the Service that is inconsistent with its intended purpose or to attempt to do so.
1.6 Theft of Service
You agree to notify Amnetimmediately, in writing or by calling the Amnet customer support line, if theDevice is stolen or if you become aware at any time that your Service is beingstolen or fraudulently used. When you call or write, you must provide youraccount number and a detailed description of the circumstances of the Devicetheft or fraudulent use of Service. Failure to do so in a timely manner mayresult in the termination of your Service and additional charges to you. Untilsuch time as Amnet receives notice of the theft or fraudulent use, you will beliable for all use of the Service using a Device stolen from you and any and allstolen Service or fraudulent use of the Service.
2.0 Emergency Services - 000 Dialling
2.1 Power Failure or Disruption
You acknowledge and understand that 000 dialling does not function in the event of a power failure or disruption.Should there be an interruption in the power supply, the Service and 000 dialling will not function until power is restored. A power failure ordisruption may require the Customer to reset or reconfigure equipment prior to utilising the Service or 000 dialling.
2.2 Broadband Service / Internet Outage or Termination / Suspension by Amnet
You acknowledge and understand that service outages or suspension or termination of your Broadband service will prevent utilising the Service including 000 dialling.
2.3 Service Outage Due to Suspension of Your Account
You acknowledge and understand thatservice outages due to suspension of your account as a result of billing issues will prevent utilising the Service including 000 dialling.
2.4 Other Service Outages
You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent utilisingthe Service including 000 dialling. Such outages may occur for a variety ofreasons, including, but not limited to those reasons described elsewhere in this Agreement.
2.5 Limitation of Liability and Indemnification
You acknowledge and understand that Amnet's liability is limited for any Service outage and/or inability to dial 000 from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless Amnet's, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties,costs and expenses (including, without limitation, reasonable attorney’s fees) by, or on behalf of, Customer or any third party or user of Customer's Service relating to the absence, failure or outage of the Service, including 000 dialling and/or inability of Customer or any third person or party or user of Customer's Service to be able to dial 000 or to access emergency service personnel.
3.0 Changes To This Agreement
ChangesTo This Agreement
Amnet may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on to the Amnet website. Such changes will become binding on Customer, on the date posted to the Amnet website and no further notice by Amnet is required. This Agreement as posted supersedes all previously agreed to electronic and written terms of service, including without limitation any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including without limitation any written terms enclosed within the packaging of the Device.
You must give us a valid credit cardnumber (Visa, MasterCard, or any other issuer then accepted by Amnet) when the Service is activated. Amnet reserves the right to stop accepting credit cardsfrom one or more issuers. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Amnet at once. We will bill all charges, applicabletaxes and surcharges monthly in advance. Any usage charges will be billed inincrements that are rounded up to the nearest minute.
Amnet accepts payments only by credit card as set forth in Section 4.1.Your initial use of the Service authorises Amnet to charge the credit card account number including any changed information given Amnet if the card expires or is replaced, or if you substitute a different card, for Amnet charges as set forth in Section 4.1.This authorisation will remain valid until 30 days after Amnet receives your written notice terminating Amnet's authority to charge your credit card,whereupon Amnet will charge you the disconnect fee and any other outstanding charges and terminate the Service. Amnet may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with Amnet is declined or reversed, your credit card expires and you have not provided Amnetwith a valid replacement credit card or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves you fully liable to Amnet for all charges before termination.
4.3 Termination/Discontinuance of Service
Amnet reserves the right to discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. You will be responsible for the full month's chargesto the end of the current term including and without limitation unbilled charges, all of which immediately become due and payable.
Amnet reserves the right to suspend the Service if you fail to make monthly advance payment due to card expiry or any other reasons. The Service may be re-activated with a payment of activation fee plus the normal monthly fee if the period of suspension is less than 14days.
5 Warranty & Liability Limitations/Indemnification
5.1 Limitation of Liability
Amnet shall not be liable for any delay or failure to provide the Service, including 000 dialling, at any time or from time to time, or any interruption or degradation of voice quality that iscaused by any of the following:
· act or omission of an underlying carrier, service provider, vendor or other third party;
· equipment, network or facility failure;
· equipment, network or facility upgrade or modification;
· force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
· equipment, network or facility shortage;
· equipment or facility relocation;
· service, equipment, network or facility failure caused by the loss of power to Customer;
· outage of Broadband Internet service;
· act or omission of Customer or any person using the Service or Device provided to Customer; or
· any other cause that is beyond Amnet's control, including without limitation a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability ofcommunications (including without limitation 000 dialling) to be connected or completed or degradation of voice quality.
5.2 Disclaimer of Damages
In no event shall Amnet, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to customer in connection with this agreement or the service be liable for any direct, incidental, indirect, special,punitive, exemplary or consequential damages, or for any other damages, including but not limited to loss of data, loss of revenue or profits, ordamages arising out of or in connection with the use or inability to use theservice, including inability to be able to dial 000 or to access emergency service personnel through the service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, product liability, tort and any and all other theories of liability and apply whether or not Amnet was informed of the likelihood of any particular type of damages.
5.3 No Warranties on Service
Amnet makes no warranties, express orimplied, including but not limited to, any implied warranties of merchantability, fitness of the service for a particular purpose, title ornon-infringement or any warranty arising by usage of trade, course of dealing or course of performance or any warranty that the service will meet customer'srequirements. Without limiting the foregoing, Amnet does not warrant that theservice will be without failure, delay, interruption, error, degradation of voice quality or loss of content, data or information. Neither Amnet nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to customer in connection with this agreement or the service will be liable for unauthorised access to Amnet’s or customer's transmission facilities or premises equipment or for unauthorised access to, or alteration, theft or destruction of, customer's datafiles, programs, procedures or information through accident, fraudulent mean sor devices or any other method, regardless of whether such damage occurs as aresult of Amnet or its service provider's or vendors' negligence. Statements and descriptions concerning the service or device, if any, by Amnet or Amnet’sagents or installers are informational and are not given as a warranty of any kind.
5.4 No Third Party Beneficiaries
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations andwritten and electronic instructions for use. Amnet reserves the right to terminate or suspend affected Services, and/or remove your or Users' content from the Services, if Amnet determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with Amnet's ability to provide Services to you or others or receives notice from anyone that your or Users' use or Content may violate any laws or regulations. Amnet's actions or inaction under this Section shall not constitute review or approval of your or Users' use or Content. You will indemnify and hold Amnet against any and all liability arising from the content transmitted by or to youor to Users using the Services. A "User" means any person, whether authorised or unauthorised, using the Service and/or Device provided to you.
6.0 Governing Law
The Agreement and the relationship between you and Amnet shall be governed by the laws of the State of Western Australia. The failure of Amnet to exercise or enforce any right or provisionof the Agreement shall not constitute a waiver of such right or provision. Youagree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or beforever barred.
7.0 Entire Agreement
7.1 Entire Agreement
This Agreement and the rates forServices found on Amnet's website constitute the entire agreement between youand Amnet and govern your use of the Service, superseding any prior agreementsbetween you and Amnet and any and all prior or contemporaneous statements,understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Amnetunless and until posted in accordance with Section 3hereof.
If any part of this Agreement is legally declared invalid or un-enforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
Amnet Service utilises, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Amnet is not liable for any lack of privacy which may be experienced with regard to the Service.