AUSTSERVE

Effective Date: The date the Customer accepts these Terms online.

1. Agreement Acceptance

These Terms and Conditions govern the supply of cloud-based Voice over Internet Protocol (“VoIP”) services, telephone handsets, extensions, software features, and related services supplied by AUSTSERVE IT PTY LTD (“AUSTSERVE IT”).

By ticking the acceptance box, submitting an order, activating a service, receiving equipment, or using the Service, the Customer confirms that they have read, understood, and agree to be bound by these Terms.

The person accepting these Terms confirms that they have authority to bind the Customer organisation.

2. Definitions

Customer means the person or organisation accepting these Terms.

Service means the AUSTSERVE IT cloud-based VoIP telephone service, including extensions, lines, features, software, and related telecommunications services.

Handset means any telephone handset, device, or equipment supplied by AUSTSERVE IT.

Extension means a registered user/device position within the AUSTSERVE IT hosted phone system.

Billing Month means each monthly billing period from the date the Service is activated.

Retail Price means AUSTSERVE IT’s current retail replacement price for equipment at the time replacement is required.

3. Supply of Cloud VoIP Services

AUSTSERVE IT provides cloud-based business telephone services including, where applicable:

• Hosted VoIP telephone system functionality;
• Phone extensions;
• Telephone numbers;
• Call routing;
• Follow Me call handling;
• Call waiting;
• Voicemail;
• Voicemail-to-email delivery;
• Interactive Voice Response (“IVR”) menus;
• Basic announcements;
• Standard hold music; and
• Other features made available by AUSTSERVE IT from time to time.

Additional services, including professionally recorded announcements, real-person voice recordings, premium hold music, or customised audio services, may be provided at additional cost by quotation (“POA”).

4. Handsets and Equipment Ownership

4.1 Any handsets or equipment supplied by AUSTSERVE IT remain the exclusive property of AUSTSERVE IT unless ownership transfer is expressly agreed in writing.

4.2 The Customer is granted a limited, non-transferable right to use the equipment solely for accessing the AUSTSERVE IT Service.

4.3 The Customer must:

• Keep equipment secure and in good condition;
• Prevent unauthorised access or use;
• Not sell, transfer, modify, repair, tamper with, or dispose of equipment;
• Return equipment when requested following termination; and
• Take reasonable precautions against loss or damage.

5. Lost, Stolen or Damaged Equipment

5.1 The Customer accepts responsibility for all AUSTSERVE IT equipment supplied to them.

5.2 If equipment is lost, stolen, damaged, destroyed, altered, or rendered unusable, the Customer must pay the replacement cost.

5.3 Replacement equipment will be charged at AUSTSERVE IT’s current retail price less a 25% discount.

5.4 This replacement charge applies regardless of whether the loss or damage was accidental, except where AUSTSERVE IT agrees otherwise in writing.

6. Service Term and Cancellation

6.1 Standard Month-to-Month Service

Unless a promotional offer states otherwise:

• The Service operates on a month-to-month basis;
• There is no minimum contract period;
• The Customer may cancel by providing at least 30 days’ written notice;
• Fees remain payable during the notice period.

6.2 Promotional Offers and Minimum Terms

AUSTSERVE IT may offer discounted pricing, bundled equipment, waived fees, or other incentives subject to minimum contract periods.

Where a Customer accepts a promotional offer:

• The Customer agrees to the applicable minimum term;
• The Customer accepts any disclosed early termination charges; and
• The promotional conditions override standard month-to-month arrangements for the duration of that offer.

7. Adding and Removing Extensions, Handsets and Lines

7.1 The Customer may request additional or reduced extensions, handsets, users, or telephone lines at any time.

7.2 Changes will generally take effect from the date activated by AUSTSERVE IT.

7.3 Added services are charged on a monthly basis.

7.4 Removed services will continue to be charged until the effective removal date.

7.5 Monthly handset pricing includes the associated extension licence and access to the hosted phone system.

8. Internet and Network Requirements

8.1 The Customer acknowledges that VoIP services rely on internet connectivity and suitable network infrastructure.

8.2 The Customer is responsible for maintaining:

• A suitable internet connection;
• Adequate bandwidth;
• Appropriate routers, switches, cabling, and Wi-Fi/network equipment;
• Reliable power supply; and
• Correct configuration of customer-owned systems.

8.3 AUSTSERVE IT is not responsible for service quality or availability issues caused by:

• Customer internet providers;
• Internet outages;
• Network congestion;
• Customer equipment;
• Power failures;
• Incorrect configuration;
• Firewall restrictions; or
• Any infrastructure outside AUSTSERVE IT’s control.

9. Service Availability and Maintenance

9.1 AUSTSERVE IT will use reasonable efforts to maintain availability of the Service.

9.2 The Customer acknowledges that interruptions may occur due to:

• Server or hosting failures;
• Data centre outages;
• Software failures;
• Scheduled maintenance;
• Telecommunications carrier failures;
• Internet failures;
• Cybersecurity events;
• Hardware failures; or
• Events outside AUSTSERVE IT’s reasonable control.

9.3 AUSTSERVE IT does not guarantee uninterrupted or fault-free operation of the Service.

10. Emergency Calls (000)

10.1 The Customer acknowledges that VoIP services operate differently from traditional fixed telephone services.

10.2 Emergency calls to 000 may not operate correctly or may be unavailable during circumstances including:

• Internet outages;
• Power failures;
• Service interruptions;
• Incorrect customer configuration;
• Customer relocation of equipment; or
• Network failures.

10.3 The Customer should maintain an alternative means of contacting emergency services.

10.4 The Customer accepts responsibility for ensuring users of the Service understand these limitations.

11. Customer Service Guarantee (CSG)

11.1 The Customer acknowledges that the AUSTSERVE IT VoIP Service may not be a standard telephone service for the purposes of the Telecommunications (Customer Service Guarantee) Standard 2011.

11.2 To the maximum extent permitted by law, the Customer acknowledges that CSG obligations, performance standards, and compensation arrangements may not apply to the Service.

11.3 The Customer understands that the Service depends on internet connectivity and third-party infrastructure outside AUSTSERVE IT’s direct control.

11.4 Nothing in these Terms excludes, restricts, or modifies any rights or protections that cannot legally be excluded under Australian law.

12. Telephone Numbers and Porting

12.1 Telephone numbers supplied by AUSTSERVE IT remain subject to telecommunications allocation rules and carrier requirements.

12.2 Where requested, AUSTSERVE IT may assist with number porting.

12.3 AUSTSERVE IT does not guarantee successful porting where delays or failures arise from:

• Incorrect information supplied by the Customer;
• Third-party carriers;
• Previous service providers; or
• Regulatory requirements.

12.4 The Customer must ensure all outstanding amounts are paid before number porting or service transfer requests are completed.

13. Device, Password and Security Responsibilities

13.1 The Customer is responsible for maintaining the security of all account details, passwords, user credentials, and devices.

13.2 The Customer must immediately notify AUSTSERVE IT of suspected unauthorised access.

13.3 The Customer is responsible for charges arising from compromised accounts, unauthorised use, fraud, or misuse where reasonable security measures have not been maintained.

13.4 AUSTSERVE IT may suspend or restrict services where it reasonably believes there is a security risk, fraud risk, or misuse.

14. Toll Fraud and Unauthorised Usage

14.1 The Customer acknowledges that VoIP systems may be targeted by fraudulent activity.

14.2 The Customer agrees to implement reasonable security practices including:

• Protecting login credentials;
• Restricting user access;
• Reporting suspicious activity promptly; and
• Following AUSTSERVE IT security recommendations.

14.3 The Customer remains responsible for legitimate charges incurred through their account unless caused by AUSTSERVE IT’s negligence or breach.

15. Fees and Payment

15.1 The Customer agrees to pay all charges associated with the Service.

15.2 Fees are generally invoiced monthly in advance unless otherwise agreed.

15.3 Additional usage, equipment replacement, custom services, and other charges will be billed at applicable rates.

15.4 If payment remains overdue, AUSTSERVE IT may:

• Suspend services;
• Restrict access;
• Recover outstanding amounts; and
• Charge reasonable recovery costs where permitted by law.

16. Limitation of Liability

16.1 To the maximum extent permitted by law, AUSTSERVE IT is not liable for:

• Loss of profits;
• Loss of revenue;
• Loss of business opportunities;
• Loss of goodwill;
• Loss of data;
• Business interruption;
• Consequential loss; or
• Indirect loss.

16.2 AUSTSERVE IT is not responsible for failures caused by third parties, including:

• Internet providers;
• Telecommunications carriers;
• Hosting providers;
• Software providers; or
• Customer systems.

16.3 Nothing in these Terms excludes any consumer guarantees, rights, or remedies that cannot legally be excluded under the Australian Consumer Law.

16.4 Where liability cannot be excluded, AUSTSERVE IT’s liability is limited to the maximum extent permitted by law.

17. Acceptable Use

The Customer must not use the Service:

• For unlawful purposes;
• To transmit malicious material;
• To conduct fraudulent activities;
• To interfere with network operation; or
• In a manner that negatively affects AUSTSERVE IT systems or other customers.

18. Privacy

AUSTSERVE IT handles personal information in accordance with applicable Australian privacy legislation and its Privacy Policy.

19. Changes to Services and Terms

AUSTSERVE IT may update these Terms, pricing, features, or service offerings by providing reasonable notice.

Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

20. Governing Law

These Terms are governed by the laws of the State or Territory of Australia in which AUSTSERVE IT operates.

21. Customer Acceptance

By ticking the acceptance box on the AUSTSERVE IT website or ordering platform, the Customer acknowledges:

• They have read and understood these Terms;
• They agree to be bound by these Terms;
• They understand the limitations of VoIP services;
• They understand emergency calling limitations;
• They understand equipment ownership obligations; and
• They accept responsibility for authorised use of the Service.

End of Agreement