Standard Terms and conditions
AVAILABLE TO AUSTRALIAN RESIDENTS ONLY SUMMARY OF STANDARD AGREEMENT FOR Siptalk PHONE SERVICES BY SIPTALK PTY LTD (ABN: 34 618 990 622)
Standard Agreement for the SipTalk VoIP Service
Provided by SipTalk Pty Ltd (ABN: 34 618 990 622), Updated: 29th August 2018
These terms and conditions apply to the SipTalk VoIP service (the "Service"). Please read this agreement (the "Agreement") before using the service in whole or in part. In this agreement, "We" or "Us" relates to SipTalk or their agents and "You" or "Customer" relates to the person, person(s) or organisation receiving the Service. Also, acknowledge that these terms and conditions may vary from time to time. Customers should check on a regular basis to keep up to date with any amendments or changes that occur.
You acknowledge that although we will take all reasonable steps to make sure you receive the voice service within the local calling areas, the voice service is not free from faults or interruptions. Certain factors, such as network congestion, maintenance, technical capabilities, geographic factors, obstructions or interference may mean you will not receive the voice service at certain times.
You may make complaints to us about the Services set out in our Standard Terms and Conditions. If you have any concerns about the Services we are providing to you, you should contact us immediately. We will endeavour to resolve any problem or complaint you have as quickly and effectively as possible.
When using this service, you will ensure that you and others comply at all times with all laws and obligations, regulations, codes or determinations or any other requirements of any government or statutory authority, including licence conditions, applicable to the services and their use. Failure to comply with any licence, permit or authorisation relating to the connection of equipment to the Service Delivery Point or use of the services may result in immediate termination of the agreement.
You must pay us our charges referred to in our Standard Terms and Conditions and set out in our plans and/or any applicable offer. You must ensure that you comply at all times with your obligations set out in our Standard Terms and Conditions.
In addition, you must not transmit, distribute or otherwise publish on the Service any libelous, defamatory, abusive material or material that could give rise to civil or criminal proceedings. If this occurs, SipTalk will not be held liable for any charges incurred by these proceedings.
Some of the terms in our Standard Terms and Conditions have important consequences for you. Please read them carefully. The terms of our Standard Terms and Conditions are binding upon both you and us, unless we have both agreed that different terms should apply.
The contents of the Service, including, but not limited to text, photographs, graphics, video and audio content (the "Content") is protected by copyright as a collective work or compilation under the copyright laws of Australia and other countries, and owned or controlled by SipTalk, their affiliates or the party credited as the provider of the Content. All individual articles, content and other elements comprising the Content are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in the Service. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Service.
Without limiting the generality of the foregoing, the SipTalk service may not be resold or otherwise resupplied by any account holder to any other person or entity without SipTalk's prior written consent.
All SipTalk rates are in Australian Dollars (AUD) only. SipTalk services are offered on a prepaid and pay-as-you-go basis for residential customers. The prepaid services require the monthly fee, if applicable, and call charges to be paid in advance every month. The fee begins on the date that SipTalk activates your Service and ends on the day before the same date in the following month. Changes to plans with different monthly costs mean the new price will be charged at the beginning of the customer's next billing cycle.
Subsequent terms of this Agreement for prepaid services automatically renew monthly without further action by you unless you give SipTalk written notice of non-renewal. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate the Service prior to the end of a monthly term, you will 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 relation to the Agreement. SipTalk reserves the absolute right to provide the service to any customers at its sole discretion and is not obliged to disclose the reason of refusal.
Your term begins when you are first connected to SipTalk and continues for the period of time until you disconnect. Should your details change at any time, you must notify us immediately. If you want to discontinue your connection, you must give us notice by emailing the SipTalk payments department and requesting a disconnection. A confirmation of disconnect email will be sent by return email and the service will be disconnected within 7 days. The confirmation email is your proof that we have received your cancellation request. SipTalk may suspend, restrict or disconnect the service under varying circumstances. A final invoice will be issued after disconnection and you must pay all fees and charges you incurred using the service, up to the date of disconnection.
SipTalk's records are prima face evidence of the Customers use of the service and the charges payable. SipTalk allows customers to connect to the service using their own device. SipTalk only charges for answered calls and ceases to charge when the call is terminated by the caller. Timed calls are calculated using the total network time used for each call. The Customer agrees that any calls from the SipTalk number supplied to the Customer are deemed to be authorised by the Customer and the Customer will pay all charges accordingly. All timed calls are billed in one second increments; this includes international, national, mobile and local calls.
SipTalk will refund call charges if it can be demonstrated that the customer has been incorrectly charged. If a customer cancels the service, SipTalk will refund the remaining credit for any unused services but the monthly pre-paid fee is non-refundable.
If a customer upgrades or downgrades the service plan, there is no refund for the portion of the monthly and DID fees. For an existing SipTalk customer to change the service plan/account, the changed service/plan shall be treated and charged as a new and separate service. There shall be a transfer of call credit but this does not include payments made by vouchers.
Refunds are only applicable if you cancel your service, if you port your services away we won't refund any remaining credit. Remaining credit will stay on your account and will not expire.
SipTalk will provide a voicemail service for each customer. There is no charge for this service.
All Customers are assigned a unique SipTalk identification number (USER ID) and password. The Customer should keep confidential all passwords the Customer is given in connection with the service. The Customer acknowledges that SipTalk will disclose any information in connection with the customers' accounts to any person who correctly quotes the Customers password.
SipTalk can issue customers with three different phone numbers for their phone service.
SipTalk DIDs are direct inward dial numbers owned by SipTalk which are connected directly into our private branch exchanges (pbxs) in various cities around Australia. SipTalk's incoming DID service gives you exclusive use of one or more of these numbers, so that any calls to the number will be automatically directed to your SipTalk phone. You can further divert this call to any other fixed or mobile phone. SipTalk DIDs are available in Brisbane, Sydney, Melbourne, Adelaide and Perth. The benefit of having a DID is that callers in those cities will only pay a local call to access the DID number and the call will be directed to your SipTalk Softphone anywhere in Australia or overseas.
You can have as many DIDs directed to your service as you like, from as many cities as you like. These can be additional to any Local number you may have already connected to your service. SipTalk DIDs are not listed in Sensis or the White or Yellow Pages. SipTalk DIDs always remain the property of SipTalk and the use of these DIDs is a service offered by SipTalk.
SipTalk may provide you with a DID number(s). DID number(s) are a public resource in Australia and are leased with a fee by service providers from the Australian government. If you are provided with a DID number(s), you acknowledge that you do not own the number(s) and are willing to pay a fee for the use of the number(s) while you have a service with SipTalk, unless otherwise stated in your plan agreement. You will return the number(s) to SipTalk if you cease to be a customer, unless there is porting arrangement.
There is the option to port your DID number however, this will incur a cost which is to be covered by the SipTalk customer. The cost is a one off fee of $65.00 plus a $4.00 monthly charge for every month thereafter. In some instances however porting may not be available and conditions may apply.
SipTalk considers the duration of any calls, regardless of whether it is timed or untimed in any SipTalk service plans, in excess of two hours in one session to be excessive use. Calls that fall outside of the aforementioned guidelines shall be automatically terminated by the SipTalk system without any further notice or warning.
When calling Emergency Services (000) from a SipTalk phone, except a free account, your location details will be automatically transmitted to the operator. Because you are using a VoIP phone service, the operator will, when possible, verify your location details with you.
*Due to Power Failure/Internet Service Outage or Suspension/Termination by SipTalk) You acknowledge and understand that the Service requires a fully functional broadband connection to the internet (which may not be provided by SipTalk) and does not function in the event of power failure. In the event of termination of service by your internet service provider ("ISP") and/or broadband provider, the SipTalk Service will not function, but that you will continue to be billed for the Service unless and until you or SipTalk terminate the Service in accordance with this Agreement.
Should there be an interruption in the power supply or ISP broadband outage, the Service will not function until power or the outage is restored, requiring the Customer to reset or reconfigure equipment prior to utilising the Service.
You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including 000 dialing. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.
These terms plus the terms of the chosen Service(s) constitute the entire Agreement between the Customer and SipTalk in relation to Service(s). Any condition, warranty, representation or other term which might otherwise be implied into or incorporated into these terms and conditions, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded. Neither party shall have any remedy in respect of any untrue statement made to it upon which it relied in entering into this Agreement (unless such untrue statement was made fraudulently) and each party's only remedy shall be for breach of contract as provided in this Agreement.
If, in SipTalk's opinion, you breach any of the terms and conditions of this Agreement, we may suspend, terminate or limit your access to the Service and terminate this Agreement effective immediately. The termination of the Service shall not preclude SipTalk from exercising any other rights SipTalk may have against you under this Agreement.
SipTalk may, at its discretion, charge a payment processing fee to offset charges for the processing of payments via its banking institution and accounting departments. The payment processing fee may vary from customer to customer.
For customers that are signed up to any of the SipTalk monthly plans, payment of the agreed upon fee must be made every month from the day the customer first signed up to the plan. Customers will be sent an invoice showing their payment day is pending, a week before the due date. Customers will then be sent a reminder email the day before their due date. If the customer fails to make their monthly payment by 11:59pm of the day it is due, SipTalk will automatically move them onto the Pay As You Go Plan and the benefits of their monthly plan will be disabled. If the customer has a functioning DID, this will also be disabled. To restore their plan, customers will need to make the payment through the user portal. To enable their DID again they must contact SipTalk. Customers on the 12 month bundle contracts will have their payments direct debited out of their chosen accounts as instructed in their initial setup. An email will be sent out monthly once the invoice has been paid automatically.
Customers are given the right to switch between plans through the user portal. Customers must note their balance must have sufficient available funds to pay the first monthly payment. When switching over, the first monthly payment will be taken automatically from the customer's account. There will be no refunding of any credit or portion of credit from a previous monthly fee that becomes obsolete following the customer's decision to switch to a plan. Customers on a 12 month bundle contract may upgrade their plan (but cannot downgrade), which will commence at the beginning of the next billing cycle.
These terms and conditions are governed by the laws and regulations of the State of South Australia.
Voicemail recordings are stored for a minimum of 90 days. Call monitoring recordings made by third parties are stored for a minimum of 60 days. After this time SipTalk reserves the right to remove these messages without notice.
Provided by SipTalk (ABN 34 618 990 622)
In accordance with Parts 5 Telecommunication (Customer Protection and Service Standard) Act 1999 (Cth) [The Act], and the Telecommunications (Customer Service Guarantee) Standard 2000 (No. 2) [CSG], SipTalk proposes that you waive your protection and rights in full. As a customer, you are not obliged to waive your protection or rights in full, however in certain circumstances you acknowledge that SipTalk reserves its right not to provide you with a service.
In return, SipTalk agrees to provide you with significantly lower call costs and technical support, all on the basis that SipTalk is not required to meet the standards set out in the Customer Service Guarantee.
The Protection and Rights you are waiving include:
a) Damages for breach of performance standards, as per section 116 of the Act.
b) Time for payment if damages for breach if performance standards, as per section 117A of the Act.
c) Right of Contribution, as per section 118A of the Act.
d) Guaranteed maximum connection periods, as per the CSG.
e) Guaranteed maximum rectification period, as per the CSG.
f) Information to be given to Customers, as per the CSG.
g) Making and Changing Appointments, as per the CSG. This waiver will take effect seven days from the date of purchase of the SipTalk service, unless you notify SipTalk of your intent not to be bound by this waiver within the given timeframe. Should you choose to notify SipTalk of your intent to rescind this agreement, SipTalk reserves the right not to provide you with a service.
The service is available "as is". We do not warrant that the service will be uninterrupted or error-free. There may be delays, omissions, interruptions, loss of data and inaccuracies in the service, information provided by the service or other materials available through the service.
SipTalk and their respective officers, directors, shareholders, employees, representatives, parents, subsidiaries, affiliates, agents, or licensors are not liable for losses or damages of any kind whether direct, indirect, incidental, consequential, special, punitive or exemplary, and whether tangible or intangible in nature including lost revenues or profits, loss of business or loss of data, in any way related to the service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the service (including without limitation as a result of breach of any warranty or other term of this agreement) even if such damages, claims, losses or injuries were foreseen or foreseeable. To the extent that any liability is not legally capable of being excluded, any claim against us arising out of contract, tort or otherwise shall be strictly limited to the amount you paid, if any, for use of the service.