Standard Agreement for the FaktorTel VoIP Service
Provided by FaktorTel Pty Ltd trading as FaktorTel (ABN 83 109 117 204)
An Australian Company Governed By The Laws of QLD Australia
Updated 4th of September 2008
1. These terms and conditions apply to the FaktorTel 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 FaktorTel 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. Notification will be provided in this case, unless variations were made due to a change in law or regulation.
2. 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.
3. 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. 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, FaktorTel will not be held liable for any charges incurred by these proceedings.
4. 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 FaktorTel , 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 Faktortel service may not be resold or otherwise resupplied by any account holder to any other person or entity without Faktortel's prior written consent.
5. Fees and charges applicable to your service will commence from the date of connection to FaktorTel . All fees and charges will be billed to your nominated credit/charge card or paypal account. Charges for archive or hardcopy invoices may apply. In the event of the offering of a post-paid account or during operation of said post-paid account Faktortel can decide that you have a credit limit. If so, we will tell you what that credit limit is. If you exceed the credit limit, we may suspend the service until you pay all call charges owing on your account. Finally, we may ask you to pay a deposit for some or all of the service charges in advance, in order to receive or continue receiving your service. You are still required to pay us your monthly charges by the invoice due date.
6. If you have authorized payments by credit card, debit authority or other similar methods, then payments shall be drawn against your authority when due without further notice to you unless you terminate the payment method with FaktorTel or in the case that FaktorTel does not have access to your payment information, with your payment processor (Example: Paypal). Disconnection and / or Suspension to the Service will occur in the event that your authorized payment method is refused or dishonoured by your nominated financial institution.
7. Your term begins when you are first connected to FaktorTel 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 telephoning the Faktortel billing department and requesting a disconnection. The Service will be disconnected within 7 days of receipt. FaktorTel 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.
8. FaktorTel's records are prima face evidence of the Customers use of the service and the charges payable. Faktortel allows customers to connect to the service using their own device. Faktortel 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 FaktorTel number supplied to the Customer are deemed to be authorized by the Customer and the Customer will pay all charges accordingly. International, national and cell/mobile timed calls are charged in one minute increments.
9. Faktortel will provide a voicemail service for each customer. There is no charge for this service. FaktorTel may provide Customers and Resellers with access to the FaktorTel billing software. This software may provide figures detailing total call costs and individual call details. Where the software is provided, it is provided as a guide only and records should be kept by the Customer to check that the total provided is correct. The software should serve only as a tool for verifying the Customers own records.
10. All Customers are assigned a unique Faktortel identification number and password. The Customer must keep confidential all passwords the Customer is given in connection with the service. The Customer acknowledges that FaktorTel will disclose any information in connection with the customers accounts to any person who correctly quotes the Customers password.
11. When calling Emergency Services (000,911,112) from a Faktortel phone, except a free account, your location details will be automatically transmitted to the operator when available. You acknowledge that the VOIP service provided to you may or may not be able to transmit your location details due to the nomadic nature of VOIP, FaktorTel however attempt to comply with your countires Emergency service regulations and pass through correct information where possibe. Because you are using a VoIP phone service, the operator will, when possible, verify your location details with you. Services with no inbound calling capability will not pass information to the emergency services operator in most circumstances.
12. FaktorTel is not to be used for emergency service reliant call centers, or homes where it is reasonable to assume that an individual using the service in the place of business or residence will require access to emergency services on a regular basis or it is reasonable to assume an individual or person associated with or using the account will require emergency services at a future date.You acknowledge that FaktorTel is not a guaranteed service.
13. If, in FaktorTel's opinion, you breach any of 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 FaktorTel from exercising any other rights FaktorTel may have against you under this Agreement.
14. These terms plus the terms of the chosen Service(s) constitute the entire Agreement between the Customer and FaktorTel 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.
15. If an account is terminated by the user or the FaktorTel the fee paid for the account will not be refunded. Accounts paid on more then a monthly basis may have partial credit refunded at the discresion of FaktorTel or it's authorised representative.
16. These terms and conditions are governed by the laws and regulations of the state of Queensland, Australia.
Acceptable Use
1. We have the right to suspend or discontinue service generally, or to disconnect your service, at any time. In addition we reserve the right to immediately disconnect your service at any time without notice.
2. Acceptable use of Unlimited packages is limited to.
a - 3000 minutes Inbound and Outbound for Residential unlimited packages. Inbound and outbound minutes are added together to form total minutes used.
b - 5000 minutes Inbound and Outbound for Business unlimited packages. Inbound and outbound minutes are added together to form total minutes used.
3. In the event an unlimited account exeeds acceptable usage as descibed in items 2(a) and 2(b) FaktorTel reserves the right to disconnect the customer.
Disconnection of your service may occur in the following circumstances.
a - Unlawful or inappropriate use: If we determine that you have used our service or the provided device for an unlawful or inappropriate purpose. If we determine that the use or content does not conform to the requirements in this agreement or that it interferes with our ability to provide service to you or others.
b - Non-Payment: If any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method, or in case of any other non-payment of account charges.
c - Violation of laws of jurisdictions - If we determine that you have used our service or your device in violation of laws of jurisdictions outside of our service areas.
d - Inconsistant Usage - If we determine that your use of the service, features, or the device is, or at any time was inconsistent with the normal inbound or outbound usage patterns for the type of service or plan that you have purchased.
e - Tampering - If we determine that you have tampered with your device. - In this instance we also reserve the right to charge you the full purchase price of any device provided to you for use with the service under a "special offer" scenario.
Our action or inaction under this section does not constitute any review or approval of your action or use or content.
Disclaimer of Warranties
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.
Limitations of Liability
FaktorTel 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 ant 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.
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