| These Terms of Service constitute the agreement ("Agreement") between Atlantic
telecommunications Pty Ltd (Here after refer as Atlantic Telecommunications Pty
Ltd). ("We," "us", Fonex, Fonytalk or "Atlantic Telecommunications Pty Ltd") and the user
("you," "user”, “your” or "Customer") of Atlantic Telecommunications Pty Ltd.
prepaid, residential and small business communications services and any related products or
services ("Service"). This Agreement governs both the Service and any devices, such
as an IP phone, Multimedia Terminal Adapter, Analog Telephone Adapter or any
other IP connection device ("Device" or "Equipment"), used in conjunction with the
Service and it applies to all lines on each Atlantic Telecommunications Pty Ltd
account. If you purchased Equipment from a retail store, dealer or other provider
other than Atlantic Telecommunications Pty Ltd, you are a "Retail Customer" for
purposes of this Agreement.
Note: BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU
ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE
READ AND UNDERSTAND FULLY THE TERMS AND ONDITIONS OF THIS
AGREEMENT.
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1.0 Service
1.1 Atlantic Telecommunications Pty Ltd does not accept Accounts from persons
under the age of 18.
1.2 Atlantic Telecommunications Pty Ltd will protect your privacy and will ensure
that your full name, password, payment, personal, and contact details are not
disclosed to third parties except as necessary to provide your service or specifically
permitted or required by law.
1.3 You are responsible for all use of your Account. Atlantic Telecommunications Pty
Ltd cannot protect you against computer viruses or other security problems.
1.4 You are responsible for ensuring all calls that you or another person (with or
without your consent) initiates on the Atlantic Telecommunications Pty Ltd Network
are terminated.
1.5 Atlantic Telecommunications Pty Ltd agrees to provide you with telephony
services under your nominated account for the fees stated in your application at the
time of signing up.
1.6 Your Account is activated when Atlantic Telecommunications Pty Ltd accepts
and processes your completed Application. Some Accounts require a Provisioning
period and activation occurs when Provisioning is complete.
1.7 The phone numbers you obtain from us may or may not be listed in any
telephone directories. Phone numbers transferred from your local phone company
may, however, be listed. As a result, someone with your phone number may not be
able to utilize a reverse directory to lookup your address.
1.8 You will own the Device and bear all risk of loss of, theft of, casualty to or
damage to the Device, from the time it is shipped to you until the time (if any) when
it is returned to us in accordance with this Agreement.
1.9 Atlantic Telecommunications Pty Ltd will not accept liability for any change, or
consequence that may occur as a result of changes, to firewalls or other security
devices, which may be required to use the Atlantic Telecommunications Pty Ltd
service. If any changes to firewalls and other security devices have any affect on the
Fonex Box, and the Fonex Box requires re-configuration, there may be a fee for this
re-configuration.
1.10 Using the Atlantic Telecommunications Pty Ltd service is classified as uploads
and downloads and may attract separate charges from your Internet Service
Provider, particularly if your broadband connection is not unlimited. You are
responsible to contact your Internet Service Provider for details and charges, and to
ensure you are on a suitable Broadband plan for use with your Atlantic
Telecommunications Pty Ltd service.
1.11 The actual charges we charge you may vary on your Invoice, as each Charge is
rounded up to the nearest cent before GST is included.
1.12(a) Home Security Systems: The Service may not be compatible with home
security systems. You may be required to maintain a telephone connection through
your local exchange carrier in order to use any alarm monitoring functions for any
security system installed in your home or business. You are responsible for
contacting the alarm monitoring company to test the compatibility of any alarm
monitoring or security system with the Service.
1.12(b) Broadband, Cable Modem, and Other Services: You acknowledge that the
Service presently is not compatible with AOL cable broadband service, certain
versions of TiVO, and there may be other services with which the Service may be
determined to be incompatible. You further acknowledge that some providers of
broadband service may provide modems that prevent the transmission of
communications using the Service. We do not warrant that the Services will be
compatible with all broadband services and expressly disclaim any express or
implied warranties regarding the compatibility of the Service with any particular
broadband service.
1.13 Applications are accepted when Atlantic Telecommunications Pty Ltd accepts
your Application Form from our website online application or by “calling to our
customer support”* and processed them. The Contract is formed and You are bound
to the Fees, Contract period, and this Agreement until either party terminates the
Account in accordance with these Terms and Conditions.
*Please Note: Your call may be monitored and/or recorded for quality training
purposes.
1.14 Tampering with the Device or Service: You shall not change the electronic
serial number or equipment identifier of the Device or to perform a factory reset of
the Device without our prior written consent. We reserve the right to disconnect
your Service if we believe, in our sole and absolute discretion, that you have
tampered with the Device. In the event of such disconnection, you will remain
responsible for the full month's charges to the end of the current term, including,
without limitation, unbilled charges, plus a disconnection fee, if applicable, all of
which will immediately become due and payable. You shall not attempt to hack or
otherwise disrupt the Service or make any use of the Service that is inconsistent
with its intended purpose.
1.15 You acknowledge and understand that dialing 000 emergency services does not
function correctly if you move or otherwise change the physical location of your
Atlantic Telecommunications Pty Ltd service. In the event you dial 000 emergency
services from your Atlantic Telecommunications Pty Ltd connection the service
address as advised by you to Atlantic Telecommunications Pty Ltd will be displayed
to the 000 emergency services operator. It is your responsibility to notify Atlantic
Telecommunications Pty Ltd of any changes to your service address details. In the
event of power failure or disruption to your Broadband Internet connection, you will
not be able to use the Atlantic Telecommunications Pty Ltd service to dial 000
emergency services. Furthermore, we do not take any assurance whether
emergency dialing will work from Atlantic Telecommunications Pty Ltd services.
Important: For this reason we suggest you do not disconnect your primary
landline.
1.16 Use of Service and Device by Customers outside Australia: Although we
encourage you to use of the Service to place calls to foreign countries from within
the Australia, we do not presently offer or support the Service in any countries other
than the Australia. If you use the Service or the Device outside of the Australia, you
will be solely responsible for any violations of local laws and regulations resulting
from such use. We reserve the right to disconnect your Service immediately if we
determine, in our sole and absolute discretion, that you have used the Service or the
Device outside Australia.
1.17 You acknowledge that the 1-way service is an outgoing call only service. A
geographic PSTN telephone number is not issued for use with the service, therefore
the service does not support the CLI (calling Line Identification) features, voice
mail, calls to emergency services or incoming calls. Customers to the 1-way service
are not permitted to change their service to a 2-way service (incoming and outgoing
call service) unless they have moved into an area where Atlantic
Telecommunications Pty Ltd supplies geographic telephone numbers or an Atlantic
Telecommunications Pty Ltd POP has been installed.
1.18 Atlantic Telecommunication pty.ltd are not responsible to any malfunction of your device by using fonytalk app. Fonytalk APP is not suitable and recommended for the business use. |
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2.0 Quality of service agreement
2.1 We make all reasonable effort to provide you with telephony services. However,
occasional scheduled maintenance and operational problems may result in some
services not being available. Atlantic Telecommunications Pty Ltd will remedy any
service problems as soon as possible, but we are not liable for any loss you suffer
because any part of the telephony service is not working. |
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3.0 Currency
3.1 Charges and rates shall be expressed in AU dollars (“$”). |
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4.0 Billing
4.1 We will issue you with invoices via your registered e-mail address that you
provided at order entry (signup date). You will be invoiced monthly on the 1st day of
the month. If you do not receive your invoice it is your responsibility to notify us
immediately. More, the monthly bill will be charge from 1st day of the month to the
last day of the month(monthly billing), if customer sign up on 2nd day of the month
then monthly service fees will be divided by the rest days for that period of month.
From next month full service fees will be charged. The presentation of the invoice
maybe affected by the customer’s choice of equipment and software. We will not
accept any responsibility for consequential presentation, distortion or absence.
4.2 Invoice will be issued an e-bill text, html or PDF format is issued once a month,
on the 1st day of the month.
4.3 When the service is activated, you must provide us with a valid email address
and a credit card number from a card issuer that we accept. We reserve the right to
stop accepting credit or debit cards from one or more issuers. If your credit or debit
card expires, you close your account, your billing address changes, or your credit or
debit card is cancelled and replaced on account of loss or theft, you must advise us
at once. We will bill all charges, applicable taxes and surcharges monthly in
advance.
4.4 Upon connection to Atlantic Telecommunications Pty Ltd you agreed to make all
payments from your nominated credit/charge card. Unless otherwise agreed by us,
at our discretion.
4.5 You must pay each invoice in full by the due date, that is, 12 days from the
anniversary of your initial connection or on the next business day.
4.6 You are responsible for all Fees incurred through the use of your account,
regardless of the source of Usage. The Customer will be responsible for and liable to
pay all applicable charges relating to the Service, whether such use was made by:
by you or by another person with or without your knowledge or consent.
4.7 If Your Account has a Contract period, once the Contract period has expired, it
will be self renewing on a monthly basis unless otherwise specified.
4.8 If you provide a credit card, it will be debited automatically on the anniversary
of your service. At least 15 days notice is required if you do not want a payment to
be charged against an existing credit card.
4.9 Any Defined Abuse that causes significant network issues to us may result in
charges to yourself for Atlantic Telecommunications Pty Ltd time.
4.10 Unless otherwise stated, Invoices for business services may be paid by Cheque
or Credit Card whilst residential services must be paid by Credit Card only.
4.11 High usage/unusual usage will be monitored by Atlantic Telecommunications
Pty Ltd. At our discretion we may impose a High usage alert at any point in time. If
Atlantic Telecommunications Pty Ltd deem your usage as high, we may suspend or
restrict the Service (or any part of the Service) until you pay either the next invoice
we send you or you pay an agreed amount of monies toward the un-invoiced
charges.
At any given time a customer may view their “Real time calls” (uninvoiced call
charges) customers may access their account by visiting Atlantic
Telecommunications Pty Ltd Self Care website www.fonytalk.com.au.
4.12 We may require you to pay a security deposit if you intend to use some Special
Services. If we choose to do so, we may apply the security deposit (or any part of it),
in payment of any outstanding charges.
4.13 Any unpaid monies owing to us more than 30 days may be referred to a
collection agency. And additional cost may be occurred.
4.14 The amount on “Real time billing” amount may be differ from actual/final
invoice. “Real Time Billing” can be viewed by customer login from
www.fonytalk.com.au and the amount will be shown with GST.
4.15 Fonex will charge current month and next month monthly fees in advance. |
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5.0 Suspension/Termination
5.1 We reserve the right to suspend or discontinue the Service generally, or to
disconnect your Service, at any time in our sole and absolute discretion. If we
discontinue the Service generally, or disconnect your Service without a stated
reason, you will only be responsible for charges accrued through the date of
disconnection, including a pro-rated portion of the final month's charges. If your
Service is disconnected on account of your breach of any provision of this
Agreement, you will be responsible for the full month's charges to the end of the
current term, including, without limitation, unbilled charges, plus the disconnection
fee, if applicable, all of which will immediately become due and payable. Atlantic
Telecommunications Pty Ltd will pursue collection for unpaid amounts on
disconnected accounts and may report to credit bureaus.
5.2 Atlantic Telecommunications Pty Ltd randomly monitors high usage/unusual
usage as outlined in clause 3.11 At our discretion we may suspend the Service (or
any part of the Service) until you pay the next invoice or incurred call charges.
We may suspend or limit the Service if in our opinion the amount of Charges
incurred is unusually high, having regard to matters including:
· Your previous daily Charges;
· Your uninvoiced Charges total; and
· Any unusual calling use patterns.
Suspension for unusually high charges is to protect you against unaffordable
charges incurred. Atlantic Telecommunications Pty Ltd will attempt to contact you
prior to suspension of the service.
5.3 You may change or Terminate Your Account with 30 days notice in writing or
“calling”* before your anniversary date, subject to the following:
a) If You Terminate Your Account and have pre-paid Fees for a set term, no refund is
payable;
b) If You wish to change Your Account You may do so at the end of a pre-paid
period, and You may incur a plan change Fee on specified products which can be
found on the Atlantic Telecommunications Pty Ltd website; or
c) If Your Account has a fixed Contract period, service cancellation within the
Contract period will incur an Early Termination Fees.
d) If you wish to terminate your account, the balance must be at a nil value, having
no outstanding amounts owing otherwise your account will still be chargeable,
notwithstanding that service may be suspended during this period of non-payment.
*Please note: by calling: Your call may be monitored and/or recorded for quality
training purposes.
5.4 We may suspend your telephony service while investigating any complaint of
criminal behavior or Defined Abuse on Your part. We will monitor or limit the
service as required by the lawful direction of a competent law enforcement official.
5.5 Your Atlantic Telecommunications Pty Ltd service may be suspended, if there is
any over due payment not paid by the due date or any other outstanding amount.
5.6 We may suspend the service if we need to do so, by regulatory authority, content
provider or any technical problem with Atlantic Telecommunications Pty Ltd
network service.
5.7 Atlantic Telecommunications Pty Ltd is not responsible for any loss incurred as a
result of Your Account being closed. |
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6.0 Your Responsibility
6.1 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 license conditions,
applicable to the services and their use. Failure to comply with any license, permit
or authorization relating to the connection of equipment to the Service Delivery
Point or use of the services may result in immediate termination of the agreement.
6.2 You acknowledge that Atlantic Telecommunications Pty Ltd service runs on
broadband internet connection and it is your responsibility to have suitable speed
connection. Atlantic Telecommunications Pty Ltd recommends minimum 256/64kbps
connection, if not sharing with any other device such as: computer or any other
device.
6.3 You acknowledge that Atlantic Telecommunications Pty Ltd service also required
Voice connect Box( phone adapter, ATA, etc) which is available on Atlantic
Telecommunications Pty Ltd website and require RJ45 port. It is your responsibility
to have this box at the time you signup or buy from Atlantic Telecommunications Pty
Ltd website. You also acknowledge that there may be external device required to
run Atlantic Telecommunications Pty Ltd service such as: Router and it is your
responsibility to have all this devices.
6.4 You acknowledge that it is your responsibility to inform us your change of
address, contact phone, email, fax, credit card detail and any other information
which required updating your Atlantic Telecommunications Pty Ltd service accounts
by calling Atlantic Telecommunications Pty Ltd customer care or by email
support@fonytalk.com.au
6.5 You must pay us all the Charges and fees, which you incur accessing and using
the Service. Together with all applicable government taxes and charges by the due
date of your invoice.
6.6 You must pay any taxes (including, without limitation, any goods and services
tax), duties, stamp duties, imposts, levies or government charges relating to your
use of the Service.
6.7 If you believe there is an error with your account, please let us know
immediately. If we agree that there is an error, Atlantic Telecommunications Pty Ltd
will endeavor to rectify this error to reflect on your next invoice.
6.8 You acknowledge that we will email an invoice to you no less frequently than
monthly. All fees and charges will be billed to your nominated credit/charge card. If
we are unable to debit your credit/charge card, you will incur extra charges.
6.9 You acknowledge that rates are subject to change at any time however we will
notify you when these changes occur and billing based on the new rates will
commence from that notification. It is your responsibility to check your registered email(
the email you give at the time of signup) account on regular basis. |
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7.0 Our responsibility
7.1 Atlantic Telecommunications Pty Ltd acceptance of your application, we
provides you with the ability to make local, national, international calls and calls to
mobile numbers from the local calling areas of Australia using the our Service.
7.2 You acknowledge that although we will take all reasonable steps to ensure you
receive the voice service all of the time, 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.
7.3 We does not guarantee that you will be able to make successful calls to every
valid number listed above in point as we does not own or operate every part of the
network/s used to provide these services to you.
7.4 We will provide you standard geographical number at the time you signup
(depends upon your plan and availability).
7.5 We will provide you necessary hardware to run our service. Atlantic
Telecommunications Pty Ltd will not be liable for delay to post the hardware, and
before that you need to pay all the cost of hardware if it is not included in your
rental. |
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8.0 Limitation of liability and indemnity
8.1 Atlantic Telecommunications Pty Ltd will not be liable for any delay or failure to
provide the Service, including 000 Dialing, at any time or from time to time, or any
interruption or degradation of voice quality that is caused by any of the following:
• an act or omission of an underlying carrier, service provider, vendor or other
third party;
• equipment, network or facility failure;
• equipment, network or facility upgrade or modification;
• force major events such as (but not limited to) acts of God, acts of nature,
strikes, fire, war, riot, acts of terrorism and government actions;
• equipment, network or facility shortage;
• equipment or facility relocation;
• service, equipment, network or facility failure caused by the loss of power to
you;
• outage of, or blocking of ports by, your ISP or broadband service provider or
other impediment to usage of the Service caused by any third party;
• any act or omission by you or any person using the Service or Device
provided to you; or
• any other cause that is beyond our control, including, without limitation, a
failure of or defect in any Device, the failure of an incoming or outgoing
communication, the inability of communications (including, without
limitation, 000 Dialing) to be connected or completed, or forwarded.
Our aggregate liability under this agreement will in no event exceed the Service
charges with respect to the affected time period.
8.2 You indemnify and agree to keep indemnified Atlantic Telecommunications Pty
Ltd from and against all actions, claims, suits, demands, liabilities, costs or expenses
arising out of or in any way connected to your use of the Internet Access. This
indemnity is a continuing obligation separate from your other obligations under the
Contract and will continue despite termination of the Contract for whatever reason.
8.3 Disclaimer of Liability for Damages: IN NO EVENT WILL Atlantic
Telecommunications Pty Ltd, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES
SERVICES TO YOU IN CONNECTION THE SERVICE BE LIABLE FOR ANY DIRECT,
INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY,
OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING
BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY
DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES
ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE
THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE
PERSONNEL THROUGH THE 000 DIALING SERVICE OR TO OBTAIN
EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS
FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT
LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND
APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY
PARTICULAR TYPE OF DAMAGES. |
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9.0 Service and Hardware Warranties.
9.1 Service warranty: WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY
USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR
ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S
REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT
THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY,
INTERRUPTION, ERROR, AND DEGRADATION OF VOICE QUALITY OR LOSS OF
CONTENT, DATA OR INFORMATION. NEITHER Atlantic Telecommunications Pty
Ltd NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR
ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES
DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE,
WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR
TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR
UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF,
CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION
THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER
METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT
OF Atlantic Telecommunications Pty Ltd OR ITS SERVICE PROVIDER'S OR
VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING
THE SERVICE OR DEVICE, IF ANY, BY Atlantic Telecommunications Pty Ltd OR
Atlantic Telecommunications Pty Ltd AGENTS OR INSTALLERS ARE
INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
9.2 Hardware warranty: All Hardware comes with 1 year manufacture warranty and
will return as per clause 11.0 Atlantic Telecommunications Pty Ltd will not be
responsible if you receive damage hardware or due to damage hardware you unable
to get service on time. If you are on rental basis then still clause 11.0 will apply. |
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10.0 Delivery of devices to customers
Atlantic Telecommunications Pty Ltd sends devices in a satchel to the customer via
express, regular or courier. It is the responsibility of the customer to check the
content of the satchel delivered before you sign the delivery receipt, if required by
postal company. If the content does not match with your order, customer is not to
sign the receipt and return the satchel to the courier. If you sign the receipt, you
acknowledge that you have checked the content and have taken possession of the
goods. Atlantic Telecommunications Pty Ltd is not responsible for any items missing
from the satchel after the delivery receipt has been signed for. |
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11.0 Refund/return
11.1 No Equipment may be returned by End User for any reason without prior
approval of Atlantic Telecommunications Pty Ltd. All returns shall be in original
packaging or equivalent. End User shall be responsible for all costs related to
shipping to Atlantic Telecommunications Pty Ltd any Equipment that is being
returned. Any Equipment returned to Atlantic Telecommunications Pty Ltd without
prior authorization for its return or proper packaging may be refused. In order to
obtain an appropriate refund, equipment must be, undamaged and in good working
condition, in its original packaging and with its original content or otherwise will be
immediately responsible for paying to Atlantic Telecommunications Pty Ltd an
amount equal to the fair retail price of the equipment minus any payments End User
had previously paid specifically for said Equipment.
11.2 In 30 days trial period the clause 11.0 will still apply. And only equipment
purchased/rental money will be return. Atlantic Telecommunications Pty Ltd will not
be liable to return, the usage charges in 30 days trial period. |
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12.0 Service, additional and miscellaneous charges.
12.1 a) A Monthly Service* fee which we will charge you on your anniversary date,
monthly in advance.
b) Charges for your use of each feature of the Service which Atlantic
Telecommunications Pty Ltd will charge you monthly in arrears.
c) Miscellaneous charges (for example, connection and disconnection charges if
applicable) which we will also charge you monthly in arrears whenever you incur
such charges, each of which are set out in the Description of Service Features and
Charges and include GST (where applicable or unless otherwise indicated) but not
any other government taxes, which you may also be required to pay.
*A Monthly service and usage charges are available at Atlantic Telecommunications
Pty Ltd website www.fontalk.com.au.
12.2 a) Connection fees: There is no connection fees on new connections, however
AU$5.00 implies if suspended customer re-connect Atlantic Telecommunications Pty
Ltd.
b) Credit Card declined or unable to debit due to insufficient funds fees:
Au$10.00/declined, if the credit card declined or unable to debit due to insufficient
funds, then Atlantic Telecommunications Pty Ltd continue debiting after every 48
hours and will attempt up to 3 times and if the 3rd attempt declined, Atlantic
Telecommunications Pty Ltd customer care will try to contact you by Phone, Fax or
e-mail.
c) Dishonored cheques will incur a $40.00 administration Fee.
d) Disconnection/breach of agreement fees AU$150.00, plus the remaining months
of the contract, plus equipment charges. Customer must pay the amount of
equipment if its on rental/free. Cost of equipment will be calculated based on the
current market price.
e) Late payment fees after the due date is AU$10.00
f) The cost of the hardware are defined on Atlantic Telecommunications Pty Ltd
website www.fonytalk.com.au, which may be charge as a security from those customer
who will be on hardware rental basis, which user will refund under clause 11.0 at
the time of disconnection(if disconnected by user).
g) $10 postage charges applies to ATA/item, $20 to per IP phones,router.
12.3 a) If your equipment is on rental basis 30 days notice is required to disconnect
the service and will remain active till all the equipment rented returned back to
fonex.
b) Clause 11.0 will still apply on rented equipment.
c)Customer is responsible for the postage and handling charges. |
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13.0 Miscellaneous
13.1 This Agreement, including any future modifications as may occur within the
terms of the Agreement, and the rates for Services found on our website constitute
the entire agreement between you and Atlantic Telecommunications Pty Ltd and
govern the use of the Service by you, members of your household, guests and
employees. This Agreement supersedes any prior agreements between you and
Atlantic Telecommunications Pty Ltd and any and all prior or contemporaneous
statements, understandings, writings, commitments, or representations concerning
its subject matter.
13.2 If any part of this Agreement is legally declared invalid or unenforceable, all
other parts of this Agreement will remain valid and enforceable. Such invalidity or
non-enforceability will not invalidate or render unenforceable any other portion of
this Agreement.
13.3 We may change the terms and conditions of this Agreement from time to time.
Notices will be considered given and effective on the date posted on
www.fonytalk.com.au. Such changes will become binding on you on the date they are
posted to our website and no further notice by us is required upon your continued
use of the Service. The Agreement as and when posted supersedes all previously
agreed to electronic and written terms of service, including, without limitation, any
terms included with the packaging of the Device and also supersedes any written
terms provided to Retail Customers in connection with retail distribution, including,
without limitation, any written terms enclosed within the packaging of the Device.
13.4 The laws of Victoria govern this Agreement. Each of us agrees to submit (and
may not subsequently change our mind about doing so) to the exclusive jurisdiction
of the courts of Victoria.
13.5 No Waiver of Rights: Our failure to exercise or enforce any right or provision of
this Agreement will not constitute a waiver of such right or provision.
13.6 Atlantic Telecommunications pty Ltd does to keep the data of Voice mail, xdrs,
fax-to-email more then 30 days. Its a customer responsibility to download and save
data on local pc time to time. After, 30 days data can be removed or deleted by
Atlantic telecommunications Pty Ltd.
13.7 All defined services and plans on fonytalk.com.au cannot be use for telemarketing
, inbound or oubound call center or any type of marketing purpose. |
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14.0 Definitions
You should be aware that some words have a special meaning in this Agreement
These words and their special meaning are set out below. When you see one of
these words used in this Agreement, it has the meaning as set out below.
Act Telecommunications Act 1997
ADSL Asymmetric Digital Subscriber Line - A broadband connection technology,
which utilizes the existing copper, wired telephone networks. It is an asymmetric
line meaning that upstream upload and downstream download speeds are different,
for example a 256/64KB connection can Download at 256KB/sec but only upload at
64KB/sec. ADSL connections range from 256KB to 1.5MB, which is approximately
30 times the speed of a standard 56Kb modem connection.
Anniversary date the same date each month or the date invoice been generate,
which represents the commencement of a new month on your billing cycle. This is
the date of the initial connection.
Atlantic Telecommunications Pty Ltd We, us or ("We," "us" or "Atlantic
Telecommunications Pty Ltd") The company who providing you services.
Bandwidth Usually measured in bits per second, this describes the amount of data a
network can transport in a certain period of time. In other words, bandwidth is a
capacity for rate of transfer. Low bandwidth networks can cause bottlenecks for
data transfer, meaning the network can slow down or, in extreme cases, seize up.
Higher bandwidth networks allow more data volume to pass through meaning there
are no 'slow' periods when busy.
Billing Cycle The period between invoicing when service fees and charges are
incurred from use and access to the service.
Bit (b) The smallest data unit, with the binary digit value of either 1 or 0. There are
8 bit to a byte.
Byte (B) This is a unit of information, which is 8 bits long. It is the unit most
computers use to represent a character such as a letter, number or typographic
symbol, e.g. "w" or "6". A byte can also be used to store a string of bits that need to
be used in some larger unit for application purposes, e.g. the stream of bits that
constitute a visual image.
Broadband class of communication channel capable of supporting a wide range of
frequencies, typically from audio up to video frequencies. A broadband channel can
carry multiple signals by dividing the total capacity into multiple, independent
bandwidth channels, where each channel operates only on a specific range of
frequencies.
BYOD refers to Bring Your Own Device and applies implicitly to subscribers of the
VoIPer service.
Charges the charges for the Service.
CLI Calling line identification.
Confidential Information all confidential information about the Service, us, our
related entities, the Atlantic Telecommunications Pty Ltd Network, or you, which is
or has been disclosed under or in connection with this Agreement or learnt in the
performance of this Agreement, other than any of that information which:
Was publicly known at the time it was disclosed (except if that happened because of
a breach of this Agreement); or
You or we came to know about (other than because of a breach of this Agreement)
Connected connected to the Atlantic Telecommunications Pty Ltd Network and
activated for the Service.
Connection date/Service Commencement Date day of activation of Atlantic
Telecommunications Pty Ltd service.
Consequential Loss includes:
indirect loss and special damages;
loss of revenue;
loss of profits;
loss of business;
loss of anticipated savings;
loss of goodwill;
loss of data;
claims of third parties; and
oss or costs associated with any of the above
Content Provider any party (including a third party) who supplies Content.
Credit Approval means the applicant has met the required credit criteria set by
Atlantic Telecommunications Pty Ltd including but not subject to external enquiries
using credit reporting agencies permissible by the Privacy Act 1988.
Customer Service means Atlantic Telecommunications Pty Ltd customer service
line.
Dictionary Section 12.0 of this Agreement, which sets out the words that have
special meaning in this Agreement
Digital Telephone Adapter (DTA) called the Sipura or Linksys Voice Box. This term
is just another acronym for IAD or ATA.
Disconnected disconnected from the Atlantic Telecommunications Pty Ltd Network.
Down loads To get/receive a file from somewhere (be that the Internet or server or
just any plain computer) and put this file on your computer. When you send an
attached file with an e-mail note, this is just an attachment, not a download or an
upload. In practice, many people use "download" and "upload" rather
indiscriminately so you just have to understand the context. For example, if
someone says to you "download (or upload) such-and-such a file to me by e-mail,"
they clearly mean "Send it to me as an attachment."
Ethernet The most widely installed LAN technology. These type networks can be
wired or wireless. The most common of these networks is a system called 10Base-T.
Computers that are connected to a network (other than the Internet) would usually
have an Ethernet Port - this port looks like a PSTN port but is slightly longer in size.
Firewall A firewall can be a hardware device, a program or a set of programs, that
protects the resources behind it from being accessed by users who are not given
rights. An organization with a LAN connected to the Internet would place a firewall
at the gateway to the Internet to prevent unwanted users from gaining access to the
private information saved on the LAN.
Firmware Software that has been written onto read-only memory (ROM). Can be a
combination of software and hardware. ROMs for example that have data or
programs recorded on them are firmware.
FoIP Fax over Internet Protocol.
Geographic Numbers the Numbering Plan 1997 sets the rules for use of numbers,
which is administered by the Australian Communications Authority. It states that
geographic telephone numbers such as the type allocated for use with the Atlantic
Telecommunications Pty Ltd service, may only be used from their allocated
geographic area. For example, you are not permitted to take a Melbourne number
and use it from Sydney.
High Usage the maximum charges, as determined by us and notified to you from
time to time, that you may incur by using the Service between the times that we
invoice you.
IAD - integrated access device see also DTA
Free/Included Calls Per Month refers to the specified amount of calls in your chosen
Pricing Plan that are included as a free allowance.
Insolvent if you are a natural person; you are declared bankrupt; if you are a
company- a receiver, liquidator, provisional liquidator or administrator is appointed
to you, you enter into an arrangement with your creditors or a class of your
creditors, you become unable to pay your debts when they are due, or you are
wound up. Interest a rate of interest equal to 2% plus the interest rate described as
the 30 day. Bank Bill Swap Reference Rate: Average Bid quoted in the Australian
Financial Review on the due date for payment of the overdue payment or if no such
rate is quoted, the rate quoted on the day before the due date.
Internet Service Provider means supplier of your Internet broadband.
IP Internet Protocol. Is the method that defines how data is sent and received from
one computer to another, on a network (including the Internet). Every computer on
a network has at least one IP address which uniquely identifies a computer from all
others. When data is sent or received, the message gets divided into packets. Each
packet can travel by different routes but still arrive at the required destination. IP
guarantees delivery of packets, but does not guarantee that packets arrive in the
correct order they were sent - this is where TCP (Transmission Control Protocol)
comes into play.
ISP Internet Service Provider -A company, which provides other companies or
individuals with access to, or presence on, the Internet (Broadband).
Kilobyte (kB) In the decimal system, kilo stands for one thousand (1,000). Since a
Kilobyte is a measurement of data, the binary system is used; a kilobyte is the same
as 210 bytes or 1,024 bytes. The decimal system value is very close to the binary
system value so the decimal value of 1,000 bytes can be used as approximate.
Local Calling Area This refers to the local geographical area of the number supplied
to a customer. Any calls made outside of this area are classified as national or
international calls. Local calls are based on the geographic local calling area of your
Atlantic Telecommunications Pty Ltd telephone number.
Modem Modulator-Demodulator - A device or program that enables a computer to
transmit data over analogue telephone lines. Computer information is stored
digitally, whereas information transmitted over telephone lines is transmitted in the
form of analogue waves. A modem converts between these two forms.
1Way an outgoing call only service (no telephone number issued), which allows
customers living outside Atlantic Telecommunications Pty Ltd coverage the
opportunity to take advantage of Atlantic Telecommunications Pty Ltd call rates.
PABX Private Automatic Branch exchange -A telephone exchange operated within
an organization, used for switching calls between internal lines and between
internal and PSTN lines.
PC Personal Computer.
POP an access point to the Internet. A point of presences is a physical location,
either part of the facilities of a telecommunications provider that the ISP rents or a
separate location from the telecommunications provider, that houses servers,
routers, ATM switches and digital/analogue call aggregators (excerpt from
webopedia).
Ports Refers to a connection point for a cable or the identity of services offered on a
server or machine. A port is virtual interfaces through which a system can interact
with the world outside itself. In the physical world, a hardware port is an interface
that allows you to plug in devices like the keyboard, mouse, monitor, network cable
etc. Of a similar fashion, when you make a connection to a system, your connection
will 'arrive' at the other remote system seeking the service you are connecting to.
The local system can also connect to services running in itself. If your local
computer is running a web server, then connections can 'loop back' to the local
machine, the local host. The virtual port is where the service you are connecting to
resides. An example is when you are browsing the Internet looking for a webpage;
the most common port on a remote machine that you will connect to is port 80.
Post Paid Application Form the application form for the Service.
Pricing Plan a call plan set out in Section 2 of this Agreement.
PSTN Public Switched Telephone Network -The collection of interconnected systems
operated by the various telephone companies and administrations (telcos and PTTs)
around the world. Also known as the Plain Old Telephone System (POTS).
QoS Quality of Service - performance properties of the network service.
Router A device that determines the next network point to which a data packet
should be forwarded enroute toward its destination. The router is connected to at
least two networks and determines which way to send each data packet based on its
current understanding of the state of the networks it is connected to. They allow the
user to share an Internet connection with other computers on the same network and
includes an in-built firewall for security. These can be added into a cabled network,
using CAT5 cables, or it can be a Wireless network, utilizing radio frequencies.
Service Address The address of the location where you are using your Atlantic
Telecommunications Pty Ltd service. This is the address that 000 emergency
services will respond to.
Service Delivery Point Is the premises where the Voice Box is physically located at
any given time.
Service Fee the fixed monthly usage charge for the service.
Switchboard allows people outside your local calling area the opportunity to call you
for the cost of a local call (incoming calls only).
Terms and Conditions terms and conditions, which apply to the Service, set out in
Section 4.
voice connect Box This relates to the VoIP service adaptor that allows customers to
use the Atlantic Telecommunications Pty Ltd VoIP network to make and receive
calls.
You, user, your or Customer a person who: is connected with Atlantic
Telecommunications Pty Ltd
Pricing Plan the Pricing Plan applicable to you, being the Pricing Plan which you
selected at the point of sale or activation or the Pricing Plan which you
Subsequently changed to with our approval.
UDP stands for “user data gram protocol”. It’s an Internet standard network layer,
transport layer and session layer protocol, which provide simple but unreliable data
gram services.
Uploads To give/send a file from your own computer and put this file on a server or
any other computer on the network (or Internet). When you send an attached file
with an e-mail note, this is just an attachment, not a download or an upload.
Usage The any call made by client. |
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15.0 Customer Care
If you do not understand any part of this agreement Please contact us our customer
care center, which is available on our website: www.fonytalk.com.au. |
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16.0 Privacy Policy
Atlantic Telecommunications Pty Ltd is committed to adopting the highest standards
to safeguard customers' personal information.
Atlantic Telecommunications Pty Ltd is bound by the National Privacy Principles as
set out in the Privacy Act 1988 (Cth) and the Privacy Amendment (Private Sector)
Act 2000.
What Personal Information does Atlantic Telecommunications Pty Ltd collect?
Atlantic Telecommunications Pty Ltd collects personal information about you, in
order to provide personalized telecommunications and information services.
The type of personal information we collect may include your name, address,
telephone numbers, information on how you use Atlantic Telecommunications Pty
Ltd products and services, such as the type, date, time, location and duration of
calls, or other communications. The numbers you call and how much you spend, and
your payment method, including credit card details. This information permits us to
issue accurate bills and also helps us develop retention offers to suit your needs.
The personal information you provide Atlantic Telecommunications Pty Ltd may be
used for a number of purposes connected with our business operations, which
include:
processing your orders or applications;
providing you with products and/or services requested;
billing you or administering your account;
dealing with requests, inquiries or complaints and other customer care related
activities;
carrying out market and product analysis and marketing Atlantic
Telecommunications Pty Ltd products and services generally;
Carrying out any activity in connection with a legal, governmental or regulatory
requirement on us or in connection with legal proceedings, crime or fraud
prevention, detection or prosecution.
We may also use your personal information for purposes related to those described
above which would be reasonably expected by you. For example, we may use your
personal information to keep you informed about features of Atlantic
Telecommunications Pty Ltd telecommunications services or conducting analysis in
order to provide better service to you.
We will not use your information for purposes other than described above unless we
have your consent or there are specified law enforcement or public health and
safety reasons.
Atlantic Telecommunications Pty Ltd may disclose or receive personal information
or documents about you to/from:
i) law enforcement agencies to assist in the prevention of criminal activities;
ii) our service and content providers, dealers and agents, or any company within
the Atlantic Telecommunications Pty Ltd group for purposes that are related to
providing you with a telecommunications service which would be reasonably
expected.
Unless you consent, we will not disclose your personal information to third parties,
other than those who have contracted with Atlantic Telecommunications Pty Ltd to
keep the information confidential, or who are subject to obligations to protect your
personal information.
We will take reasonable steps to ensure that the personal information we collect,
use or disclose is accurate, complete, up-to-date and stored in a secure environment
protected from unauthorized access, modification or disclosure.
Upon your request, Atlantic Telecommunications Pty Ltd will take reasonable steps
to let you know, generally, what sort of personal information we hold, for what
purposes and how we collect, use and disclose that information.
Upon your request, Atlantic Telecommunications Pty Ltd will provide access to your
personal information we hold, except in certain prescribed circumstances, including
emergency situations, specified business imperatives and law enforcement or other
public interests. |
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17.0 Fair Use Policy
• This policy is designed to protect the quality and integrity of the Atlantic
Telecommunications Pty Ltd network and in doing so ensure all customers
receive fair and equitable access.
The policy specifically relates to usage of ‘flat rate’ calls and ‘included’ calls
on the following Fonex plans:
• Any Unlimited Calls plan
• Any plan has unlimited calls value
• We may depend on our Fair Use Policy in circumstances where your usage of
‘flat rate’ or ‘included’ untimed call charges that form part of a pricing plan
or promotional offer is deemed to be excessive or unreasonable.
• We retain the right to vary the terms of the Fair Use policy at our discretion
from time to time. |
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Excessive use·
•
Atlantic Telecommunications Pty Ltd considers excessive use to be a call
duration of more than 60 minutes per call where a ‘flat rate’ applies, and or
more than 3000 minutes of talk time per month, as well as a regularity of
calling that indicates that the service is not being used for residential use
and business plans for business use, Clause 13.7 applies.
• If your use of the prescribed VoIP plans is excessive or unreasonable we will
contact you by phone or email, using the contact details you have provided. If
after our request your usage continues at a similar level we may change your
plan or suspend the service. |
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Unreasonable Use
1. Without restricting what is meant by ‘unreasonable’ Atlantic
Telecommunications Pty Ltd will supply the service for the purpose of you
making and receiving calls on our network for your personal use.
2. Atlantic Telecommunications Pty Ltd will consider unreasonable use of the
service to be:
• Using the service for telemarketing, research calls or outbound call
centre purpose.
• If you use a device that reroutes calls to/from our network or the network
of another supplier and/or device connects some auto dialing machine.
• Wholesale any service on our network.
In contrast to the above sub-clauses we may in our absolute discretion give
our consent to this type of behavior, subject to conditions and in writing.
3. We further consider your use of the service to be unreasonable if you reduce
or limit the ability of other customers to access our network as you:
• engage in the bridging of conference calls;
• use the Atlantic Telecommunications Pty Ltd service to link multi-device
communication devices together for the purposes of providing a
permanent or semi-permanent circuit;
• use the Atlantic Telecommunications Pty Ltd service for any other
purpose than the predominant function of person-to-person voice
communication. |
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