TERMS OF SERVICE AGREEMENT

These Terms of Service constitute an agreernent between aconnect and you (‘user’ defined as a customer or consumer of aconnect products or services)

This agreement is inclusive of all aconnect business or home services and includes products and devices, unless there is a separate agreement that differs or excludes these terms and conditions, that has been signed by both aconnect and you, the user.

This agreement governs both the phone and internet services offered by aconnect, and any devices or products that are used in conjunction with aconnect services. This agreement applies to all lines provided on aconnects Smart Office PBX System,and any devices or products that are used in conjunction with this system. This agreement commences on the date that aconnect accepts your order.

By activating or using your aconnect phone, internet, or Smart Office PBX System, or any related products or services provided by aconnect, you fully consents to these terms and conditions, and acknowledges and consents that they have read, understood, and agree to be legally bound by this agreement.

aconnect reserves the right to update and modify the Terms of Service listed within this agreement at any time without providing notice to you. Any new products or services shall be subject to the Terms of Service within this documentif you continues to use an aconnect service after any such modifications or changes have been made in this document, you agrees that these modifications will be applied to the modified or changed product or service. The most recent edit of our Terms of Service will be readily available at our website, www.aconnect.com.au.

Violation of any part of the Terms of Service by a user may result in the termination of your account.

Agreement for service

A legally binding agreement is made between aconnect and you when aconnect accepts an Application Form for Services. The Application Form for Service may be either personally completed and signed by you, submitted online, or completed by one of aconnects representatives on your behalf over the telephone. In this case, it will be confirmed by the representative applying for the service that they have full power and authority to do so on behalf of you.

This agreement will begin from the date of installation or transfer of the service from your existing carrier, and will continue for the term of your contracts. After this date, this agreement will continue until the service is terminated by aconnect or you, the user, in the manner set out below. you should check any agreement with an existing carrier to ensure complete understanding of any effects of transferring your service to aconnect.

This agreement will apply to each of the services that are listed under your selected plan, and will also include any new products or services that you request in the future, and that we agree to provide.

We will do our best to provide the services in agreement with the service description, however, if we change the service description for your service for operational

Your Personal Information

In order to complete the sign-up process for services with aconnect, you agree to provide your full name and a valid email address, as well as any other personal information requested by aconnect that we require to process your application. You agree that all information provided by you shall be true and accurate. In applying for and using services provided by aconnect, you agree that aconnect may obtain a credit report from a credit reporting agency. This credit report will contain your personal credit information, and will be used in assessing your application for your service with aconnect. If you’d like more inforrnation, you may view our Privacy Statement here.

Online User Portal

You will receive a login and password to access your account via our online user portal. You may change your password at any time once logged into the online user portal. You agree that you are responsible for maintaining the privacy and security of your login information, and your account with aconnect. Aconnect will not be held liable for any damage or loss that may result if you fail to protect your login information, including your password. You agree that aconnect will communicate with you via telephone, email, or your online account, about your account status, system updates, or anything else associated with the products or services you receive from aconnect.

Billing

Billing from aconnect to you will cornmence on the date that you are connected to an aconnect service, or you confirm purchase of a product from aconnect. When you sign up to a service with aconnect, you will approve a direct debit authority, and all fees and charges will be automatically billed from your nominated credit card or bank account. An initial $5.50 will be charged to establish automatic billing. Aconnect does not send invoices for phone, interne, and PBX systems and services. Aconnect will not send hard copies of your invoice via normal postage. You agree to receive automatically generated emails when a payment has been deducted from your nominated credit card or bank account, for service provided by aconnect. You will receive these emails on a monthly basis, and you can also access them via the online user portal using your login details.

If you do not receive your invoice , you accept responsibility for notifying aconnect immediately.

When purchasing products from aconnects online store, you must make an immediate online payment before we will process your order.

If you have a phone service or PBX system with aconnect, you will be charged for the calls made according to your chosen plan. You accept responsibility for all applicable charges made to your account, whether the use way made by yourself or another parry, with or without your knowledge or consent.

If you do not understand any items that appear on your bill, it is your responsibility to contact aconnect as soon as possible. If you have a dispute about any item that appears on your bill, it is your responsibility to contact accoect immediately. If aconnect is reasonably satisfied that there has been an error in your bill, we will refund the amount that we agree should not have been charged, or carry the total forward to your next bill as credit.

Aconnect reserves the right to make any changes we see fit to our service tariffs for phone, interne, and PBX systems, at our own discretion and without notice to the user. Any changes to the service tariff will be updated on our website.

Payments

All phone, internet, and PBX services are provided by aconnect under the condition that you will pay all fees and charges as set out in this agreement.

All charges will be paid, without any set-off or deduction, on or before the due date, as a direct debit payment with your chosen credit card or bank account. lf, for some reason, you fail to make your payment, aconnect may pass your account to a debt collection agency. If this is the case, you agree that you are liable for any additional costs relating to the debt collection process.

If your payment is made by credit card, aconnect reserves the right to cease accepting payments from one or more providers at any time.

If you credit card or debit card data, bank account, or any other data related to the payment process changes, it is your responsibility to update this information to aconnect immediately, either in your online user account, or by making a direct call to aconnects customer service team.

If you fail to update your payment information, or if you cancel the direct debit authorisation, or if you cause a return debit note, a negative balance may result in your aconnect account. We will request that you settle any negative balance. If you do not pay your fee by the date it is due, aconnect is entitled to charge you a processing fee of $45.00, or a fee of 596 of the outstanding balance, whichever is greater. Cheques that are not honoured, or direct debit drawings that are rejected, will incur a $15.00 processing fee. If you breach this agreement, your service may be suspended or terminated. To resume your service, aconnect is entitled to charge you a $125.00 reconnection fee.

Plans and Services

All aconnect fees and charges are quotes in Australian dollars and are inclusive of GST.

You can obtain a description of our available phone and internet plans from our website at www.aconnect.com.au/clients, You may also contact our customer service team and request that they send them via post, fax, or email.

Aconnect reserves the right to change and update our plans at any time. If any changes we make will affect your service, ou will be given 7 days prior notice of the change, and you have the right to cancel your agreement within 42 days of receiving the notice. In this case, you will be subject to full payment of any charges incurred prior to the date the cancellation takes effect.

If you terminate a fixed term agreement with aconnect prior to your End of Term date, you will be agree to pay the total amount of your monthly fee and/or rental fee, which will be multiplied by the number of months or parts of months remaining in the unexpired term at the date of termination, plus GST, or a $350.00 fee, at aconnects discretion

Aconnect reserves the right to change, alter, or discontinue any service or part of a service, temporarily or permanently, with or without notice to you.We are not obligated to support or update any services provided to you. Aconnect is not liable to you,or to any other third party,in the event that we exercise our right to change, alter, or discontinue a service.

In the event that you transfer your service from aconnect to another provider, you agree to pay aconnect all amounts that are due under your agreement with aconnect.

Aconnet reserves the right to charge a fee for porting your telephone numbers to or from an aconnect service. We reserve the right to reject a number porting request.

PBX Users

There may be times when aconnect may route your call(s) via a carrier who does not support Caller Line Identification Presentation (CLIP). We may do this for reasons of network maintenance, server outage or other related reasons.

We may also collect information in order to:

  • Your service requires a functional broadband connection to the internet
  • The broadband service may not be provided by aconnect
  • Loss of service will prevent all outbound calls including emergency 000 calls

In the event of a power failure of termination of internet by your Internet Service Provider, you may experience loss of service. If this is the case, you will continue to be billed by aconnect for your aconnect service unless aconnect or yourself terminates the service in accordance with this agreement.

There may be loss of service and aconnect will not function in the event of power failure or termination of service by your Internet Service Provider. You will however, continue to be billed for the service unless and until we or you terminate the service in accordance with this agreement.

Number Porting

Number Portability of Direct in-Dial (DID) and PSTN lines ranges is supported by aconnect in most cases, however, some number ranges are locked to certain carriers and, as a result, cannot be ported to aconnect.

Any number that you wish to port to aconnect must be a currently active service with your current service provider. Any porting requests will be rejected if they include telephone number(s) that are associated with a suspended, disconnected, or terminated account with your current provider.

You may not be able to port your existing number to aconnect if you are moving to a different geographical location.

Porting of 13, 1300 or 1800 telephone number service will be conducted in accordance with Industry Numbering Management Services Ltd (INMS).

If you provide an incorrect customer name, address, losing carrier name, or account number on a porting form, your application may be rejected or delayed, and port rejection fees will apply. If the information you provide on a port request does not match the data held by your current service provider, they may reject your request to port. In this case, you agree to give aconnect the authority to correct the information, in cases where we can, and resubmit the porting request, or dispute the rejection by your current service provider.

If there are any complex services attached to the telephone number with the current provider, including Line/Rotary Hunt, Voicemail, Digital Subscriber Line, ADSUSSS, fax, and Stream/Duet Services, they must be removed/disconnected from the existing line prior to submitting a porting request with aconnect. These services cannot be transferred.

In cases where your port request may be rejected, withdrawn, or reversed, aconnect does not accept any responsibility for any loss or damage that results from such outcomes.

Termination and/or Suspension of Accounts

Acconnect may suspend your service at any time if we reasonably believe that you are in breach of any terms within this agreement, or any other agreement you have rnade with us.

Aconnect may suspend or terminate your service at any time and without notice if we reasonably suspect that you will not meet past, present, or future charges made to your aconnect account, and if we have made reasonable attempts to bring this to your notice, without resolution.

We may terminate your agreement after giving 30 days prior notice in writing, and without providing any reason for doing so, subject to refunding any unexpired, prepaid credit to your account,

Aconnect rnay suspend your services if you are approaching or exceed your approved credit limit, if we reasonably suspect that you are engaged in fraud of unlawful conduct in relation to the services, if we are obliged to comply with state or federal legislation or regulatory requirements, in case of an emerge, or for operational purposes.

Aconnect may suspend or terminate your services if someone brings a petition, receiving order, or administration order against you that may result in your bankruptcy, if you commit bankruptcy, if you are a limited company and a receiver or administrator is appointed over all or part of your assets, or if a resolution to liquidate has been passed, or if you make, or attempt to rnake, an arrangement with your creditors that does not comply with this agreement. Aconnect may also suspend or terminate your account if we reasonably believe that these actions may happen.

You, the customer, may, by written and signed notice to aconnect, terminate your agreement during a period of 42 days after receiving notification from aconnect that your charges will increase, subject only to full payment of charges up to and including the date your service is terminated. You, the customer, may also terminate your agreement at any time by giving 30 days prior notice to aconnect, expiring at the end of a billing period. If you terminate your contract for services with aconnect without reasonable cause, you agree to pay all charges up to and including the date that your original contract end date, or a fee of $350.00, at aconnects discretion.

Disputes

If you are not satisfied with the services or products provided by aconnect, or by any action taken by aconnect in regard to your account or services, you should give direct notice to aconnect. You agree to work with aconnects complaints officer and/or resolution team to take all reasonable steps to discuss the reason for your dissatisfaction, and attempt to resolve the issues within 30 days of the initial complaint being lodged.

You agree that you will not refer the matter to the Telecommunications INdustry Ombudsman until you have a) sent notice to aconnect of your dissatisfactions, and b) attempted to resolve the matter with aconnects complaints officer and/or resolution team.

Any notice given to aconnects complaints officer and/or resolution team must be provided in writing, clearly addressed to ‘The Complaints Officer”, and sent by registered post or delivered by hand to aconnects regular mail address as shown on our website.

Any notice sent to you from aconnect will be considered duly served if it is sent by post and is not returned as undeliverable by Australia Post, if it is successfully transmitted by fax to the fax number you supplied, or if it is sent by email and the email is not rejected within 7 days of being sent.

Returns and Refunds

Aconnect has a return and refund policy for all products purchased from aconnects website. Products that are eligible for return and refund are those which were delivered in non-working condition, and those that are determined to have a major problem that prevents them from working as described.

For major problem that cannot be fixed, or would take more than a reasonable amount of time to fix, your can return the item a choose a refund or exchange for another identical item.

For minor problems that can be fixed within a reasonable amount of time, we will repair the item, or provide you with a refund or exchange for an identical item.

You are NOT entitled to a refund or exchange if:

  • You have caused damage to the product with misuse
  • You have mistakenly ordered the wrong item
  • You have changed your mind
  • You have found the product at a lower price elsewhere
  • You were aware of a fault prior to purchasing the product

Warranty

We shall provide aconnect products and services with reasonable skill and care, within a reasonable time frame, and in accordance with this agreement. We do not guarantee that products and services will be without fault, or uninterrupted, however, we will use reasonable skill and care to provide and maintain the service to the best of our ability. By entering into this agreement, you agree that the products and services provided are for your use only, and that you do not rely on any repr0entafion, warranty, or other provision, except as provided in this agreement, and that all other conditions, warranties, or other terms implied by statute or common law are excluded to the full extent permitted by law.

Liability and Indemnity

Aconnect will provide products and services using all reasonable care, unless we may not do so as determined by an industry code, or by the general law, or the regulations of ACMA, or a body that imposes such controls. Aconnect will apply the Industry Codes and the Internet INdustry Privacy Code of

Practice if they are consistent with the terrns within this agreement.

By agreeing to these Terms of Service, you agree that you will have no claim against aconnect or any underlying network provider if you are unable to access the service. You agree that the exclusions and limitations of liability in this clause applies to all claims that may arise from your use of the service, including claims against our business associates.

Aconnect accepts no responsibility for any loss or damage to any goods or services provided. You accept that aconnects liability is limited, including at times of service outage and in the event of your inability to call 000 or access emergency services. Aconnect will not be responsible for any loss of profits, opportunities, or economic loss.

In order for us to be able to offer competitive pricing, you agree to waive certain rights that you have under the Consurner Service Guarantee (CSG), also known as the Telecommunications Standard 200 (no. 2). By using a service provided by aconnect, your rights under the CSG will be deemed to have been waived. If you do not wish to waive said rights, you must inform aconnect in writing within 7 days of your submission of your Application for Services. If you do inform us within the 7 day period, aconnect reserves the right to reject your Application for Services.

Even if aconnect is directly advised of the possibility of such damage or loss, we will not be liable to you, or any third party, for negligence or breach of statutory duty, or for any direct or indirect loss of business, revenue, anticipated savings, profit, corruption or disruption of data, or for any other consequential loss arising from any cause.

In the event that there is any form of failure in your service, aconnect will not be liable for any charge you may incur if you divert your traffic to another provider . By agreeing to the terrns in this document, you indemnify aconnect from and against any and all damage, costs, expenses (including legal fees), claims, demands, and actions that are the result of or are in breach of this agreement, or arise from any misuse of the service or product, whether it has been provided by aconnect or not. We will not be made liable to you for any loss or damage caused by factors that are beyond our reasonable control, such as power shortage or power failure, action or inaction by other providers, in compliance with any law or court order, or from action or inaction by local, state, or federal government or other authorities. If the principles of an Industry Code, or the regulations set out by the ACMA, or the general law require aconnect to take responsibility for any loss or damage, our responsibility will be restricted to one of the following, of aconnects choosing:

  • The replacement or repair of the relevant goods, or the supply of the goods, or
  • The payment of the cost of replacing the goods, or of acquiring goods that are equivalent, or
  • The supply of the relevant services an additional time, or the payment of the cost of having the services supplied an additional time

Aconnect will not be in breach of this agreement if there is a delay in providing services, or if there is a failure in performance of services, if such a delay or failure is the result of a cause beyond our reasonable control.

You agree that, if you fail to abide by the terms of this agreement you rnust compensate aconnect if aconnect suffers any loss as a result.

If you do not abide by the terrns of this agreement, and are found to be in breach of this agreernent, in addition to meeting any clairns made by aconnect against you, you take responsibility for your breach and will not hold aconnect liable for any consequences of your breach. You also agree that you will not hold aconnect responsible for the payment of any sums related to indemnity or legal or other costs, charges, fees, and expenses that aconnect may incur as a result of your breach. You agree that, in the event that you breach this agreement, aconnect is authorised by you to deduct any payments or to conform with any demands, without any need for further authority from you beyond the terms in this agreement, and that any such payments will be binding by you.

Other Obligations

In accepting the terms in this document, you agree that you will not allow, through your own actions or the actions others, the use of aconnect services for any unlawful, immoral, fraudulent, or other illegal purposes, including but not limited to making offensive, if-threatening, unwelcome, discriminatory, or indecent calls, or prank/hoax calls, or those rnade for the purpose of stalking or harassing an individual or group.

If there is any change to the ownership or control of the service, if you become insolvent, or any directors or partners of your agency become convicted of any crime, or of any other events or circumstances that may prevent you from making your payments to aconnect, you must inform aconnect immediately.

You agree that you will pay the charges levied by your previous provider up to the time that your services have been transferred to aconnect, and you indemnify aconnect against any clairns or losses that may arise from the transfer of your service to aconnect.

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