Customer Terms

4. Pre-paid plans

4.1 Pre-paid plan Included Allowance

We may offer Pre-paid plans which have, features, limitations, conditions, a Credit Expiry Date and a minimum Pre-paid Credit amount (Included Allowance) that entitles you to:

1. unlimited Eligible Calls or fax pages received;
2. a number, or duration of Eligible Calls or fax pages;
3. an allowance of kilobyte data; and
4. other features as indicated in the Critical Information Summary associated with the Pre-paid Service plan.

4.2 Pre-paid plan usage charges

Each time the Service is used, your Pre-paid Credit balance is reduced:

1. at the applicable call rate specified in your Critical Information Summary; and
2. your Included Allowance is reduced each time you use the Service as specified in the Critical Information Summary associated with your Pre-paid Service plan.

4.3 Pre-paid service requirements

To use a pre-paid service plan, you must:

1. have a Pre-paid Service plan with available credit;
2. to have a compatible Android or iOS mobile device, or compatible MacOS or Windows computer with an internet connection of at least 2 Mbps or faster, if subscribed to a mobile softphone or desktop softphone Service plan
3. supply and maintain your mobile devices and computers.
4. our Pre-paid plans include certain entitlements provided on a prepaid basis only;
5. Pre-paid plan Credit expires after a certain period of time (Credit Expiry Period);
6. when your Pre-paid plan entitlements have been used or Credit has expired, you must Recharge your Pre-paid plan to continue using the Service; and
7. a reference to a ‘Charge’, ‘cost’, usage or similar for using the Service means a deduction of that amount from your available Pre-paid Credit balance included entitlements. It does not mean that you will receive a bill that you can pay at a later date.

4.4 Minimum credit

You must have sufficient Pre-paid Credit to use the Services that:

1. have an applicable usage Charge;
2. if the call Credit is insufficient, you will be unable to make a call; and
3. if the call Credit is insufficient to complete the call, the call will disconnect during the session.

4.5 Pre-paid plan cancellation

If your Pre-paid Credit is $0 or has expired under Clause 4.7 of these Customer Terms and you do not Recharge your Pre-paid Service plan within 90-days (Additional Period), then:

1. your Service may be cancelled (which may result in permanent loss of any phone number allocated to your Service plan); and
2. we may send you a cancellation alert by SMS or e-mail but we are not obliged to.

During the Additional Period you can:

1. receive calls; and
2. make calls that are designated as free e.g., to emergency Services;

4.6 Pre-paid plan recharge

You may Recharge your Pre-paid Service plan:

1. by purchasing a Recharge amount at www.univox.com.au; and
2. via the Univox mobile softphone application,

We may:

1. confirm by SMS or email that a Recharge has been successfully processed, but we are not obliged to do so;
2. impose a limit on the amount of Pre-paid Credit you may have at any time;
3. offer an automatic Recharge facility on our plans. You must ensure you have sufficient Credit to cover usage for 72-hours in case the automatic Recharge is delayed; and
4. subject to the Consumer Guarantees, we are not liable to you for any delay or failure of a Recharge (including an automatic Recharge). It is your responsibility to check that each Recharge has been successfully processed.

4.7 Pre-paid plan credit expiry

1. pre-paid plans have a minimum pre-payment requirement.
2. any pre-paid Credit expires after 365 days (Credit Expiry Date) from when the prepaid plan is activated. Each time you Recharge your pre-paid plan the Credit Expiry Date is reset to 365 days from the date the Recharge payment is made;
3. if you transfer the telephone number associated to your Service to another Carrier or Service Provider any pre-paid Credit will be forfeited.
4. after the Credit Expiry Date any Credits are cancelled and there is no refund of those Credits;
5. we do not provide a credit or a refund of any pre-paid Credit balance where the Service is disrupted or unavailable for any period; and
6. we may notify you by SMS or email that your Credit has or is about to expire, but we are under no obligation to do so.

4.8 Transferring and forfeiting pre-paid credit

Unused pre-paid Credit cannot be converted into or redeemed as cash, refunded or credited toward another plan that you have with us.

We will only transfer any pre-paid Credit in the following circumstances:

1. where your phone number is changed in accordance with Clauses 8.1(c) or 8.1(d) of these Customer Terms; or
2. if we cancel the Service for our convenience.

 

5. Equipment

5.1 Supply of equipment

To be able to make and receive audio and video calls using our Service, you:

1. will need a suitable internet connection and equipment that is approved by us;
2. can use your own compatible equipment, purchase equipment from us, or rent equipment from us as part of your Fixed term plan.

When you purchase or rent equipment from us:

1. we will configure the equipment to ensure it can be used with your Service;
2. title in rental equipment remains with us. You must not attempt to sell, dispose or encumber the title in the rental equipment;
3. title of purchased equipment passes to you after you have paid us in full for that equipment.

If you purchase or rent equipment from us, or use your own compatible equipment you acknowledge that the equipment that you use with your Service may, during the term of your agreement with us:

1. become end of life; or
2. no longer be compatible with the Service if we change the technology used to provide the Service. We will provide you with reasonable notice if your equipment will no longer be compatible with our Service.

5.2 Using your own equipment

If you use your own equipment:

1. you are responsible for configuring your own equipment to ensure it can be used for your Service;
2. if we agree to configure it for you, we will charge you a fee which is set out in your application form or separate agreement with us;
3. and ask us to configure your equipment and we agree you will need to provide us with all the information we require to configure your equipment and provision your service;
4. you will be notified of any additional fees which will require your acceptance prior to configuring your equipment;
5. we are not responsible for any loss you suffer as a result of purchasing or using your own equipment; and
6. you will look to the manufacturer or supplier of equipment supplied by you for any warranty, indemnity or support services for the equipment

5.3 Equipment rental

When you choose to rent equipment from us, you must:

1. rent the equipment and pay the agreed rent to us for a minimum term of 12 months;
   keep the rental equipment in good order and repair and in accordance with the relevant supplier’s specifications;
2. allow us to inspect the rental equipment to ensure that it is being kept in good order and repair;
3. notify us if any part of the rental equipment is destroyed, damaged, lost or stolen; and
4. not modify rental equipment, which includes not removing any original or replaced part of the rental equipment.

If you rent equipment from us that is subject to repair:

1. we will decide whether the part needs to be replaced
2. you agree to pay us any reasonable expenses that we incur if we agree to replace it;
3. all replacement parts must be approved by us and be of at least equal value and quality to the part that is being replaced; and
4. you agree that we will own all replacement parts.

5.4 Equipment insurance

When you choose to rent equipment from us, you must:

1. choose a reputable insurer and keep the rental equipment insured for the term of your rental arrangement with us against loss, fire, accident, theft and damage for an amount equal to the equipment purchase price; and
2. keep us insured against any liability we may incur for your equipment in our name as the owner of your equipment and not do anything that may prejudice the insurance.

We will credit any proceeds we receive from the insurance towards any early termination charges you are required to pay as a result of your rental equipment being cancelled because it becomes lost, stolen, destroyed or so damaged that we do not believe it is practical to repair.

5.5 Cancellation of rental equipment

We may cancel your rental equipment immediately if you:

1. do not comply with any of your obligations in relation to the insurance for your rental equipment;
2. ensure that the rental equipment is kept in good order and repair or allow us to inspect (on reasonable notice) whether it is being kept in good order and repair; or
3. attempt to sell, dispose of or encumber the title in your rental equipment; or
   the rental equipment is or becomes lost, stolen, destroyed or so damaged that we do not believe it is practical to repair; and
4. materially breach any of your obligations in respect of your rental equipment (other than breaches of obligations for which we may cancel your rental equipment immediately) and you do not rectify the breach within 14 days of us asking you to do so.

If you wish to cancel your rental arrangement (for any reason, other than for our breach of Our Customer Terms) or we cancel your rental equipment for your breach under Our Customer Terms before the end of the agreed term you will:

1. deliver the rental equipment to us in good working order and condition (at your expense) within 14 days of the cancellation or due date for payment to any place in Australia that we may reasonably notify you; and
2. immediately pay to us any applicable early termination charge. The early termination charge is the total of months remaining for the minimum term, multiplied by the monthly rental instalment value.

5.6 Recovering equipment

When you do not return to us rental or purchased equipment in accordance with this section of Our Customer Terms, then you agree:

1. that we, or a third party, may enter any of your premises where we believe the equipment is located and re-take possession of the equipment; and
2. to pay us any reasonable expenses we incur as a result of re-taking possession of the equipment.

5.7 Installation of equipment

If you ask us, and we agree to install equipment that you have purchased or rented for your Service we will:

1. install the equipment at your nominated site;
2. charge you a fee for installation, which will require your acceptance prior to installation of the equipment; and
3. impose additional fees, which will require your prior acceptance if you ask us to install equipment outside Business Hours.

 

6. Billing and payment

6.1 Regular bills

If you have a Fixed Term plan:

1. you will be sent an email notifying you that your bill has been issued. You can access, view and print your bill by clicking the link in the email or by accessing your account at: https://univox.com.au/my-account;
2. we will aim to bill you each month on a regular basis (either in advance or in arrears) for Services used by you subject to our right to bill you upon order, activation and termination;
3. any Charge that we carry forward and do not bill at that time can be billed by us within 190 days from when the Charge was incurred by you;
4. your bills are itemised and designed to be simple and uncomplicated. If you need clarification of any entries on your bill you should contact us as soon as possible and before the bill due by date; and
5. you agree to pay the Charges within 14-days of the bill issue date without set-off or deduction even if the Service is unavailable or you are unable to access the Service;
6. payment is required by Direct Debit (or other payment method acceptable to us) together with any administration fees set out in Clause 6.2 of these Customer Terms and interest in respect of any payments not made by their due date at the rate provided in Clause 11.4 of these Customer Terms ; and
7. if requested to do so by us you will deposit with us a sum equal to the amount that we estimate you are likely to incur for the Services in any forthcoming Billing Period and we may retain that sum as security for your future payments for so long as we consider it necessary to do so. Alternatively, we may require that you provide one or more Guarantees of payment.

If you have a Pre-paid plan:

1. you will be able to access your payments, transactions and usage history for the previous 3-months by accessing your account at: https://univox.com.au/my-account.

6.2 Account administration fees

Without prejudice to any other rights or remedies we may have we will charge account administration fees set out below:

1. late payment fee $11.00 (including GST) if you do not pay the whole or any part of your bill by the due date;
2. dishonoured payment fee $33.00 (including GST) for Direct Debit drawings not honoured by your financial institution; and
3. account administration fee $55.00 (including GST) for resuming your Services after they have been suspended or terminated as a result of your breach of your Agreement.

6.3 Service usage and billing errors

A Service usage summary or bill presented by us shall be deemed to be correct and prima facie evidence of all connection, access, usage and other fees contained therein.

If you dispute any item on your bill you must:

1. pay the whole of the bill including the disputed charges by the due date;
2. raise a billing dispute with the accounts team, which may take two to three business days to be resolved; and
3. we will refund any amounts that we find should not have been charged if it is established to our reasonable satisfaction that you are not liable for the same.

6.4 Credit card surcharge

A surcharge of up to 5% of your bill my be charged to your account if you pay by American Express (AMEX) card or Diners Club card.

6.5 Credit limit

We will determine a monthly Credit Limit and subject to approval will extend the Credit Limit to you for use of the Services. We will notify you by email, SMS, or voice message prior to reaching the Credit Limit.

At any time if the unpaid Charges (whether invoiced or not) exceed the Credit Limit, we may immediately suspend or terminate any or all of the Services without the need for further notice.

6.6 Supply information

You must inform us if:

1. there is any change of ownership or control of the Customer;
2. any events occur which may prevent or inhibit you from paying your bills;
3. you become insolvent; or
4. any directors or partners of the Customer are convicted of any crime.

6.7 Former carrier

If you are transferring existing Services to us you should check any agreement you may have with your existing Carrier or Service Provider to make sure that you understand what effect transferring your Services will have.

You will pay all Charges levied by your former Carrier up to the time when your Services are transferred to us and indemnify us against any claims or losses arising from the transfer of your Service.

6.8 Transfer to a new carrier

If you decide to transfer to a new Carrier, you will pay us all moneys due under the Terms of your Agreement with us before doing so. Any Credit you have on a Pre-paid plan will be forfeited if you transfer the phone number to another Carrier or Service Provider.

 

7. Using our services

7.1 Illegal and immoral purposes

You agree not to use, nor permit any other party to use the Services in an illegal, fraudulent, defamatory or immoral way or to cause nuisance or annoyance to any other person and at all times to comply with our Fair Use Policy. You further agree that you will not make life threatening or unwelcome calls or messages to any other person.

7.2 Toll fraud and unauthorised access

In respect of the use of the Services, you are responsible for all usage charges whether or not such usage was authorised by you as it is the Customer’s responsibility to maintain the security and access to the Services and ensure unauthorised use does not occur.

We do not accept any responsibility for Charges as a result of your Network and devices such as; handsets, router, modem, VoIP adapter, IP PBX or Software based phone system being compromised.

Failing to secure your Network and devices may result in the following:

1. Toll Fraud – utilising your PBX or account details to make calls at your expense;
2. obtain unauthorised access to your system resources, information, privileges and listening to your calls and voicemail;
3. Denial of Service – disabling your voice communication using packet floods;
4. the Customer is solely responsible for the security of their Network and devices to prevent Toll Fraud and unauthorised access.

7.3 Emergency service ‘000’ calls

When you use our Service that requires a functional connection to the Internet you acknowledge that:

1. the Internet Service, router and modem used to connect to the Internet may not be provided by us; and
2. in the event of power failure, interruption or loss of connection or termination of the Internet Service by your Internet Service Provider, our Service may not function and may prevent outbound calls including emergency 000 calls from being made; and
3. you will continue to be billed for the Service unless and until you or we terminate the Service in accordance with these Customer Terms.

 

8. Phone numbers

8.1 Allocation of telephone numbers

If you do not already have a phone number for use with your Service, we will issue you a phone number in accordance with the following:

1. depending on the plan you have subscribed to you may incur a Charge in addition to the cost of your plan’s minimum monthly access fee;
2. all phone numbers are selected, issued and used by us in accordance with the Australian Communication and Media Authority’s Numbering Plan and Telecommunications Numbering Plan Number Declarations (Numbering Regulations);
3. we may be required to vary, withdraw, suspend or re-assign a phone number we have allocated you in order for us to comply with the Numbering Regulations. We will give you as much notice as is reasonably practicable if we have to do this;
4. if you need a new phone number because you have received calls of a harassing nature and you reported the matter to the relevant law enforcement agency, we will supply you with a new phone number free of charge on the first occasion. You will have to pay a charge for any further phone number changes;
5. you do not own the phone number and your right to use the phone number ends if you no longer obtain the Service unless you transfer the phone number to another Carrier or Service Provider; and
6. if you stop obtaining the Service and do not transfer the phone number, we may issue the phone number to another Customer in accordance with the Numbering Regulations.

We are not liable to you for any expense or Loss incurred by you or related to your use of the Service due to:

1. you ceasing to have the right to use the phone number under this Clause 8 of our Customer Terms; or
2. any variation, withdrawal, suspension or re-assignment of the phone number under this Clause 8 of our Customer Terms.

8.2 Number portability and transfer

If you apply to transfer telephone numbers from another Carrier or Service Provider to us we will notify you within 10 working days of the transfer taking place.

By submitting an Order to transfer telephone numbers from another Carrier or Service Provider you represent and warrant to us as follows:

1. you have authority to transfer the telephone number. You may only transfer a telephone number for which you are the authorised Customer;
2. we provide no Guarantee that it can transfer the telephone number to or from your current Carrier or Service Provider or within any specified timeframe;
3. that we are authorised to sign any necessary application to transfer the telephone number on your behalf;
4. we are authorised to disclose such information about you to such other parties as is reasonable or necessary to complete the transfer;
5. you have made enquiry of your previous Carrier or Service Provider as to the consequences of terminating your Service with them;
6. your previous Carrier or Service Provider may impose a charge for transferring the telephone number to us and you will be solely responsible for meeting that charge;
7. the transfer of individual numbers or number ranges is supported in most instances however some number ranges are locked and cannot be transferred from us to another Carrier;
8. only your telephone number will be transferred to us. This may result in the loss of any feature attached or associated with the existing Service such as: Line Hunt, Call Forwarding, EFTPOS, Internet, and Facsimile Services;
9. you may not be able to transfer your telephone number if moving to a different geographical location; and
10. transfer of 13, 1300 or 1800 numbers will be conducted in conjunction with Industry Numbering Management Services Ltd (INMS) Porting Guidelines, available at: http://www.inms.com.au

8.3 Number portability rejections

If you nominate an incorrect Customer name, losing carrier name or account number on a number transfer application your application may be rejected or delayed and rejection fees may apply.

Your current Carrier or Service Provider may reject a transfer request if the information you provide is incorrect or does not match the data held by them. In this case you authorise us to:

1. dispute the rejection by your current Carrier or Service Provider;
2. correct the information and resubmit the request to transfer your telephone number; and
3. you acknowledge and agree to pay us any transfer rejection Charge and any Charge applicable to resubmit the transfer request. Transfer rejection and resubmission Charges are detailed in the Critical Information Summary associated with your plan.

If features such as: Line Hunt Call Forwarding, EFTPOS, Internet or Facsimile are attached or associated to the telephone number nominated for transfer your application may be rejected or delayed and transfer rejection fees may apply. These features must be removed from the telephone number for the transfer to occur.

In the event of a transfer rejection, withdrawal or reversal of your telephone number transfer we are not responsible for any period of Service outage and we accept no responsibility for any Loss of income or business as a result of a transfer being rejected, withdrawn or reversed.

Telephone numbers can only be transferred whilst the account with the losing Carrier or Service Provider is active. A telephone number associated with a suspended or disconnected account cannot be transferred and transfer requests will be rejected.

8.4 SmartNumbers

By submitting the Application to us to purchase an inbound 13, 1300 or 1800 number from SmartNumbers you agree and acknowledge:

1. that we will act as joint applicant in accordance with the SmartNumbers allocation procedures;
2. to pay any applicable charge fixed by a determination under section 60 of the Australian Communications and Media Authority Act 2005 and any amount imposed on the allocation of a number by Part 2 of the Telecommunications (Numbering Charges) Act 1997 on behalf of the joint applicant;
3. there are ongoing Charges associated with holding a 6-digit SmartNumber (for example; 13 xxxx) including the payment of an annual numbering charge up to $6,500 per annum;
4. the application is not complete and will not be processed until payment of the applicable SmartNumber Charge has been received; and
5. there is no Guarantee that any SmartNumber is available for purchase. We will notify you by email if and when the selected SmartNumber have been acquired and allocated to your account;
6. in the event where your selected SmartNumber is not available for purchase any payment received for the SmartNumber will be refunded in full; and
7. you have read and accept the general Terms and conditions of the Australian Communications and Media Authority (ACMA) numbering system and the SmartNumber Terms and conditions.

 

9. Network maintenance and faults

9.1 Maintenance

At any time, we may conduct maintenance on our network and maintenance may be conducted on a Supplier’s network used to supply Services. We will endeavour to conduct scheduled maintenance on our network outside normal business hours and we will notify you by SMS or e-mail of any scheduled maintenance beforehand.

9.2 Fault reporting

We will provide a help desk for the Customer to report Service faults. Before you report a fault, you must take all reasonable steps to ensure that the fault is not caused by any Service or Equipment that is not supplied by us.

9.3 Customer assistance

The Customer must provide all reasonable assistance to enable Univox or our Personnel, or where necessary a Supplier’s Personnel, to investigate and where applicable repair a fault including providing them with adequate and timely access to your Premises.

9.4 Faults outside our control

We will repair faults within our network used to supply the Service. Unless the Service expressly provides otherwise, we are not responsible for repairing any fault in the Service where the fault arises in or is caused by:

1. our Supplier’s Network;
2. Services or Equipment that is not supplied by us; or
3. facilities outside our network.

Where a fault arises in or is caused by our Supplier’s network and we become aware of the fault, we:

1. are not responsible for the repair of that fault; and
2. will notify the Supplier of the fault and request that the fault be corrected promptly, but we will not bear any further liability or responsibility.

Where a fault arises in or is caused by Equipment not supplied by us, then we are not responsible for the repair of that fault, nevertheless, if:

1. the Customer asks us to investigate a fault or asks us to request a Supplier to investigate a fault, we will give the Customer an estimate of the probable cost of such investigation and obtain the Customer’s agreement to bear those costs before undertaking or arranging an investigation to identify and inform the Customer of the probable cause of the fault; and
2. the Customer requests us to repair the fault and we agree, we will give the Customer an estimate of the probable cost of repairing the fault and obtain the Customer’s agreement to bear those costs before carrying out the repair; and
3. we investigate a fault and determines that the fault is attributable to a breach of the Agreement by the Customer, a negligent or fraudulent act or omission by the Customer or any of the Customer’s Personnel or a failure of any of the Customer’s Equipment or Premises, the Customer must pay the costs incurred by us for carrying out the investigation.

 

10. Our liability to you

10.1 Basic principle

Unless the principles of an Industry Code, general law, the regulations of the ACMA, or a body competent to impose such controls, whilst we will use all reasonable care in providing the Services, we accept no responsibility for any loss or damage of any nature relating to the same in any way.

10.2 Maximum liability

If the principles of an Industry Code, general law, the regulations of ACMA, or a body competent to impose such controls require us to take responsibility for any loss or damage, then such responsibility will be limited to one of the following at our option, the:

1. replacement or repair of the relevant goods; or
2. supply of equivalent goods; or
3. payment of the cost of replacing the goods; or acquiring equivalent goods; or
4. supply of the relevant Services again; or
5. payment of the cost of having the Services supplied again.

10.3 Consequential loss

We will never be responsible for lost profits or opportunities or for pure economic Loss.

10.4 Codes of practice

The Industry Codes and the Internet Industry Privacy Code of Practice will be applied if inconsistent with the terms hereof.

10.5 Causes outside of our control

We will not be liable to you in any event where provision of the Services is inhibited or prevented by any cause outside of our reasonable control.

 

11. Your liability to us

11.1 Damages

If you fail to abide by these Customer Terms you must compensate us for any loss that it suffers as a result.

11.2 Indemnity

If you fail to abide by these Customer Terms, in addition to meeting any claims that we may bring against you, you will take responsibility for and hold us harmless from any liability arising as a result of such failure as well as any sums by way of indemnity legal and other costs, Charges and expenses we may incur as a result of such matters.

11.3 Authority

You authorise us to make any payments or to comply with any demands in respect of such failures by you, without any reference to or further authority from you, and you agree that any such payment shall be binding on you.

11.4 Interest

You will pay interest at the rate of 2% over the rate provided for in the Penalty Interest Rates Act 1983 (Vic) during the period that any moneys that you are liable to pay to us are outstanding (whether for Charges or by way of damages or indemnity).

11.5 Legal & collection costs

If you fail to abide by these Customer Terms we may appoint legal and or collection agencies to collect any unpaid Charges due to us. You agree that any legal and other costs, Charges and expenses we may incur as a result of such matters shall be binding on you and will be added to the total amount of any unpaid Charges.

 

12. Termination and suspension

12.1 By us

We may:

1. bring your Agreement to an end at any time (other than during an agreed fixed period) on giving 30 days prior notice in writing and without giving any reason for doing so subject to refunding any unexpired Pre-paid Credit to you;
2. bring your Agreement to an end or suspend the Services without notice if it has reasonable grounds to suspect that you will not meet present or future Charges payable to us and it has taken reasonable steps to bring this to your notice;
3. terminate your Agreement or suspend the Services if you are in material breach of these Customer Terms, your Agreement, or fail to pay any Charges due for payment;
4. suspend the supply of the Services if it has reasonable grounds for suspecting fraud or illegal conduct in relation to the Services, or we reasonably believe that the identification provided in connection with the Service is incorrect, false or inadequate;
5. terminate your Agreement or limit or vary performance of its obligations or intercept the Services in order to comply with legislation or regulatory requirements or the order of a competent court or agency;
6. suspend the supply of the Services for a reasonable period for operational reasons; or
7. suspend the supply of the Services in case of emergency.

12.2 By you

You may by written notice to us terminate your Agreement:

1. during the period of 42 days after receiving notice of increase of Charges under Clause 3.4 subject only to payment in full of all Charges and costs incurred prior to the effective date of termination;
2. at any time by giving 7 days prior notice to us expiring at the end of a Billing Period.

 

13. Disputes

13.1 What you should do

If you are unhappy with our Services or with any actions taken by us you should notify us by completing and submitting the ‘Contact us’ form located at https://www.univox.com.au/contact

13.2 Action to be taken

Both you and our complaints officer must take all reasonable steps to discuss the matter and seek to resolve the same within 21 days.

13.3 Telecommunications Industry Ombudsman

You agree not to refer any matter to the Telecommunications Industry Ombudsman until you have exhausted the previous steps outlined in this Clause 13 in a genuine attempt to resolve the matter.

 

14. Privacy

14.1 Collection of information about you

It is necessary for us to collect information about you in accordance with the Privacy Act 1988 (Privacy Act) for the purposes of billing you, assessing and controlling credit risk including collecting unpaid accounts, operating the Services and to comply with our obligations under the:

1. Telecommunications Act 1997;
2. Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015; and
3. Integrated Public Number Database (IPND).

The IPND is an industry-wide database of phone numbers used to publish public number directories, provide directory assistance, operate emergency call Services and safeguard national security.

14.2 Data retention

Under the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 we are required to retain certain telecommunications data for a minimum 2-year period from when it was generated. The data that must be retained relates to communications, but not the content or substance of those communications.

Retained data includes:

1. subscriber and other relevant Service-level account information;
2. the source of a communication;
3. destination of a communication;
4. date, time and duration of a communication;
5. communication type; and
6. the location of communication Equipment

14.3 Calling Number Display

Calling Number Display (CND) lets persons who receive phone calls identify who is calling them by displaying the caller’s number. CND forms part of the Service that you purchase from us.

Unless you have chosen to block your phone number, CND will usually cause your phone number to be displayed on the phone of the person you are calling. When you receive a call, the phone number of that person may be displayed on your phone if that person has not barred CND.

14.4 Consent

By entering into your Agreement and obtaining the Service you give your consent to the use of your Personal Information for these purposes and in accordance with our Privacy Policy.

14.5 Consequences of refusing to provide information

We will not enter into an Agreement with you unless you agree to the provision and use of your Personal Information in this way.

 

15. General

15.1 Applicable law

Your Agreement is subject to the laws of, and the parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria or the courts of the State in which you reside if that is different. Each Party waives its rights to claim that any action brought in that State is brought in the wrong or an inconvenient forum.

15.2 Waiver

1. a failure or delay in exercise, or partial exercise, of a right arising from a breach of any provision of these Customer Terms is not to be regarded as, and cannot be relied upon as, a Waiver of that right or an election not to exercise that right.
2. no Waiver or consent given by a Party may be construed as providing a Waiver or consent in respect of any circumstances other than those strictly falling within the terms of the Waiver or consent.

15.3 Assignment

1. your Agreement may be assigned by us without the need for consent by you.
2. your Agreement may not be assigned or novated in whole or in part by you.

15.4 Severability

If any provision of these Customer Terms is invalid or void and is not enforceable in accordance with its terms, that provision is severed and all other provisions of these Customer Terms which are self-sustaining and capable of separate enforcement without regard to the severed provision are and continue to be valid and enforceable in accordance with their terms.

15.5 Rules for the interpretation of these Customer Terms

In these Customer Terms unless the context otherwise requires:

1. different grammatical forms of the same word(s) have the same meaning;
2. a term which is defined in any part of these Customer Terms has the same meaning in every other part of the Customer Terms;
3. the singular includes the plural and vice versa;
4. a reference to A$, $A dollar, or $ is to Australian currency, unless otherwise stated;
5. references to Clauses are references to clauses of these Customer Terms;
6. references to Parties or to a Party shall be a reference to the parties or a Party to your Agreement and includes references to their or its respective successors, permitted assigns, executors and administrators;
7. all covenants, liabilities, obligations and agreements given or entered into by more than one person are given or entered into jointly and by each of them severally; and
8. the following words have the same meaning in these Customer Terms as they have in the Telecommunications Legislation:

• Carriage Service;
• Carriage Service provider;
• Carrier; and
• Content Service

15.6 Precedence

The documents which make up your Agreement should be read in the following order of precedence and any inconsistency interpreted accordingly:

1. the Critical Information Summary associated with your Service plan;
2. our Terms associated with our supply of Technical Support and Installation of Equipment;
3. our Fair Use Policy; and
4. these Customer Terms

 

16. Notices

16.1 How to contact us

You can contact us by:

1. calling 1800 100 800 between 9.00 am and 5.00 pm (AEST) Monday to Friday; or
2. writing to us by completing and submitting the form on our Contact us page.

16.2 Address for Service

Notices should be given in writing to us or the Customer’s nominated address, fax number or e-mail address unless new contact details have been notified by either Party to the other prior to Service of the notice.

16.3 Deemed delivery

We will be entitled to treat any notice as duly served if either:

1. it is sent by post and is not returned as undeliverable by Australia Post; or
2. if sent by fax and the fax is successfully transmitted to the correct number; or
3. if sent by e-mail and is not rejected by the e-mail system within 7 days after dispatch.

 

17. Glossary

A

“ACIF” means Australian Communications Industry Forum;

“ACMA” means the Australian Communications and Media Authority;

“Additional Charge” means a charge in accordance with our standard rates in effect from time to time;

“Administrator” means a liquidator, provisional liquidator, administrator of a company or deed of arrangement, or receiver and/or manager of an Eligible Company;

“Agreement” means the Agreement between us and the Customer for provision of the Service which Agreement is comprised in the Application and these Customer Terms;

“Application” means the Customer’s online application to us for provision of the Service which sets out the Minimum Term, Service Description, Pricing Plan and details of any charge such as Equipment Charge, any fees such as access fees, administration fees, suspension fees, cancellation fees, late payment fees, payment dishonour fees, reconnection fees or reactivation fees payable by the Customer and any refund or rebate to which a Customer may be entitled;

B

“Billing Period” means the period chosen by us for calculating your monthly Charges from time to time;

“Business Day” means Monday to Friday excluding public holidays in Victoria, Australia.

“Business End User” means any person:

1. to whom a Business Customer asks us to supply the Service directly;
2. to whom a Business Customer (with our prior permission) re-supplies the Service or allows to distribute the Service;
3. who a Business Customer allows to use the Service; or
4. to whom a Business Customer supplies any goods or Services which use or rely on the Service.

C

“Capped Calls” means fixed charge calls as described in Clause 6.2;

“Cancellation Date” means:

1. the date thirty (30) days after the Customer notifies us that the Customer wishes to cancel the Service, unless we agree otherwise;
2. the date at least thirty (30) days after we notify the Customer that we will be cancelling the Service; or
3. as otherwise set out in the Agreement.

“Carriage Service” means a Service for carrying communications of guided or unguided electromagnetic energy. (Telecommunications Act 1997 Sect.7 (Cth))

“Carrier” and “Carriage Service Provider”, Carriers operate telecommunication networks and infrastructure (Carriage Services). Carriage Service Providers use carrier networks to provide Services such as voice and internet Services.

“Charges” means the cost of the Services (whoever the same have been used by) calculated at the rates shown in the relevant Critical Information Summary and Application Form as varied in accordance with these Customer Terms and any GST not included in the quoted price.

“Churn” means to change from having a Service supplied by one carrier or carriage Service provider to having the Service supplied by another carrier or carriage Service provider in the context of ADSL1 or which the losing Service provider or carrier and gaining Service provider or carrier are participants of the Rapid Transfer Facility. In the context of Long-Distance pre-selection for which the losing Service provider or carrier and gaining Service provider or carrier are participants.

“Competition and Consumer Act” means Competition and Consumer Act (2010).

“Consumer Customer” means any Customer who is a person who acquires and uses the Service for personal, domestic or household use only and who complete an application for a Residential Grade Service.

“Critical Information Summary” means an important document that sets out a range of essential information about every product or Service on offer from us.

“CSG” means the Telecommunications (Customer Service Guarantee) Standard 2011;

“Customer” as indicated on the Account Application means the business entity or individual using the Services from time to time;

E

“Eligible Charges” means the amount that you incur by way of Charges in each month for local calls, long distance calls, calls to mobile telephones, international calls, inbound calls to 1800 or 1300 numbers, mobile calls and recurring monthly Internet plan Charges;

“Eligible Customer” means a company that is being wound-up, or has a provisional liquidator acting, or is under administration, or has executed a current deed of company arrangement, or it or its property is subject to receivership and/or external management;

“Equipment” means the goods, Services and training (if any) more particularly described in the quotation and/or Application Form, which are to be supplied by us to the Customer;

“Equipment Charge” means any payment to us for use of Equipment.

“Excess Usage” means the Charges that may be rendered to your account in respect of the Services supplied above the call Charges included in your Tariff plan;

F

“Fair Use Policy” means our Fair Use Policy (as modified from time to time) which may be found at Fair Use Policy;        

“Fixed-Term Agreement” means an Agreement (other than a month to-month Agreement) that has a Minimum Term.

G

“GST” means any value-added or goods and Services tax, withholding tax, charge (and associated penalty or interest), rate, duty or impost imposed by any authority at any time but does not include any taxes on income or capital gains.

“Guarantee” means a Guarantee in writing from one or more guarantors acceptable to us in such form as we require;

I

“Industry Code” means a code published by ACIF from time to time;

“Industry Participant” means the Communications Alliance Limited, and the Telecommunications Industry Ombudsman

“Insolvency Event” means:

1. bankruptcy proceedings are commenced against the Customer, or the Customer is declared bankrupt;
2. any step that is taken to enter into any scheme of arrangement between the Customer and the Customer’s creditors;
3. any step that is taken by a mortgagee to enter into possession or dispose of the whole or any part of the Customer’s assets or business;
4. any step that is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administrator or other like person to the Customer or to the whole or any part of the Customer’s assets or business;
5. the Customer suspends payment of the Customer’s debts generally; or
6. the Customer is, or becomes, unable to pay the Customer’s debts when they are due, or the Customer is, or is presumed to be, insolvent for the purposes of any provision of the Corporations Act 2001 (Cth).

“Installation Date” means the date (if any) specified in the Application Form for the installation of the Equipment for Supply;

“Intellectual Property Rights” means copyright, trade mark, design, patent, semiconductor or circuit layout rights;

“Internet” means the world-wide connection of computer Networks providing for the transmittal of electronic mail, on-line information, retrieval of information and file transfer protocol;

“Intervening Event” is an event outside a Party’s reasonable control which interferes with the operation of the network we use to supply the Service and results in ongoing disruption to the Service. Such an event includes failure of any electrical power supply, failure of air-conditioning or humidity control, electromagnetic interference, fire, storm, flood, earthquake, accident, war, the change or introduction of any law or regulation (including the Telecommunications Legislation) or an act or omission of any third Party or any failure of any Equipment owned or operated by any third Party (including any regulator, any Supplier or any of their Personnel).

L

“Logon ID” means a unique username, password and account designation issued by us to you which allows you to access the Service;

“Loss” means any loss, cost, liability or damage, including reasonable legal costs

M

“Minimum Term” means the period of time for which the Customer has agreed to receive the Service under a Fixed-Term Agreement. The Minimum Term begins on the Service Start Date and runs for the period of time stated on the Application, unless otherwise set out in the Agreement.

N

“Network” means any interconnected telecommunications Equipment, facilities, or cabling.

O

“Options” means the Customer Options described on the relevant Critical Information Summary;

“Operating Manuals” means the documentation relevant to instruction in the use of the Equipment for Supply more particularly described in the Application Form;

“Order” means the Application for Services or product purchase completed by the Customer or by us on behalf of the Customer;

P

“Party” means a Party to the Agreement.

“Personal Information” means information about the Customer from which the Customer’s identity is apparent or can reasonably be ascertained. Personal Information includes the Customer’s name, address and other details (including, for example, numbers called, time of call and location of call) and the Customer’s personal or commercial credit rating.

“Personnel” means employees, agents, contractors or other representatives and, in the case of us, includes the employees, agents, contractors or other representatives of any Univox Group Company.

“Plan Access Fee” means a fixed minimum monthly fee paid to access a Tariff plan.

“Premises” means locations:

1. at which we supply the Service, and/or
2. to which we need to have access to supply the Service.

“Pricing Plan” means the Customer Terms and prices of the plan for the Service the Customer has selected in the Application;

“Privacy Policy” means this Privacy Policy available at https://univox.com.au/privacy-policy;

“Phone Subsidy” means a special promotion or offer made by us in connection with the Service, including in relation to a particular Pricing Plan.

Q

“Qualified Referral” means a business which:

1. a participant submits as a referral using our referral submission form at https://univox.com.au/refer;
2. is not a current, pending, or last-30-days Customer of us, based on the date the referral is submitted;
3. is not the participant’s employer;
4. has a personal connection to the participant; and
5. is willing to discuss purchasing a hosted phone system.

R

“Rate Plans” means the individual sheets produced by us containing brief descriptions of rates and other Charges payable and Options available in respect of the various Services packages that it offers to Customers;

“Regulator” or “Regulatory” means the Australian Communications and Media Authority, the Australian Competition and Consumer Commission, or any other relevant government or statutory body or authority.

“Related Corporation” of a company means another company that is related to that entity in any of the ways specified in section 50 of the Corporations Act 2001 (Cth).

“Rental Rate” means the interest rate implicit in this Agreement, as reasonably determined by us;

“Rent Instalment” means the rent instalments specified in the schedule, and comprises rent, and applicable fees, taxes and duties, and without limitation, may include stamp duty and GST;

“Residential Grade Service” means a Service that does not carry a Service level Agreement, or a Guarantee of uptime. (We imply and express no warranties as to its suitability or availability for any purpose. We do not recommend residential grade Services for business needs, or mission critical purposes.).

“Residual Value” means the value of the goods (as determined by us in calculating the rent for the goods), as at the date on which the goods would be returned to us upon this Agreement running its full term;

“Reward Programs” mean the Reward Programs described on the relevant Rate Plans;

“Roaming” means the ability to use the network of overseas mobile carriers when travelling overseas;

S

“Service” means our Service with the Options and features and any related goods (including Equipment) and ancillary Services provided or to be provided by us to the Customer in connection with that Service;

“Service Description” means the part of the Order Form which describes the Service provided or to be provided by us to the Customer;

“Service Start Date” for the Service means the date on which we start supplying that Service to the Customer as will be notified by us to the Customer after acceptance of an Order for the Service;

“Site” means the location for delivery and installation of the Equipment for Supply as specified in the Application Form.

“Standard Terms” means the standard terms set out in these Customer Terms as varied from time to time;

“Small to Medium Business (SMB) Customer” means a Business Customer who is a business or not-for-profit organisation of twenty or less employees with an annual turnover under $3,000,000 that does not operate from the owner’s home that acquires and uses the Service for business purposes other than resale, and who complete an application for a SMB Service.

“Small to Medium Business (SMB) Service” means a Service that is does not carry a Service level Agreement, or a Guarantee of uptime that is provided by us to explicitly to SMB Customers. (We imply and express no warranties as to its suitability or availability for any purpose. We do noy recommend residential grade Services for business needs, or mission critical purposes.)

“SMS” means text messages sent on the short messaging Service via your computer or mobile telephone Service;

“Software” means the Internet and or telephone Software and associated materials licensed (or sub-licensed) by us to you.

“Successful referral” means a qualified referral which:

1. purchases our Services no more than 12 months after the referral was submitted; and
2. keeps current with payments for 90 days after the start of billing.

“Supplier” means any Supplier of goods or Services (including interconnection Services) which are used directly or indirectly by us to supply the Service to the Customer.

T

“Technical Support” means telephone or on-site support Services;

“Telecommunications Industry Ombudsman” means the ombudsman established under the Telecommunications (Consumer Protection and Service Standards) Act 1999;

“Telecommunications Legislation” means the Telecommunications Act 1997 (Cth), the Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth) and Part XIB, Part XIC and related provision of the Competition and Consumer Act (2010).

“Term” means any minimum period stated in the Critical Information Summary related to the associated Service plan;

U

“Univox” means Univox Pty Ltd ABN. 

“Univox Group Company” means Univox and each of its related corporations

“Univox’s Normal Business Hours” means the normal hours during which we are open for business, as specified on our website from time to time;

“Univox Phone” means a voice Internet telephone that may be purchased from us for use with the Software

“Univox’s Service Centre” means the Site designated by us from time to time from which Univox can most conveniently and practicably provide Technical Support Services and repairs;

“Univox User” means any person or organisation that has a Login ID for use on the Service

“Univox website” means the web site at https://univox.com.au;

“Unusually High Use” means high usage of the Service on a short-term basis that is not consistent with a Customer’s normal pattern of use, or a sustained high usage which exceeds the general average usage of Customers on a similar Pricing Plan or who have accepted a similar Special Offer.

W

“Warranty Period” means the period (if any) specified in the Application Form; and

Y

“you” and derivations from that word are references to the Customer and references to

“your Agreement” are references to the Agreement between us and the Customer.