Terms & Conditions
Terms and Conditions for the Provision of atpNET Service (’Agreement’) Supplied by Australian Technology Partnerships Pty Ltd (ACN 055 914 595) Trading as atpNET
Definitions
1. In this Agreement, ‘We’ or ‘Us’ or ‘atpNET’ relates to Australian Technology Partnerships Pty Ltd trading as atpNET or their agents and ‘You’ or ‘Customer’ relates to the person, person(s) or organisation receiving atpNET Service (’Service’).
Scope of Agreement
2. This Agreement governs both the Service and any device, such as IP phone, Analogue Telephone Adapter and/or any other IP connection device (’Device’) supplied by atpNET of 25 Hardner Road, Mount Waverley, Victoria, 3149 and used in conjunction with the Service. Where the Customer supplies their own telephony device for use with the Service, atpNET does not guarantee the complete and proper working of all features and functions of the Service or end-device functions.
Acceptance, Period of Performance, and Termination
3. Once an application (’Application’) has been processed and accepted by atpNET, atpNET will supply and the Customer agrees to acquire the Service specified on these terms and condition of this Agreement.
4. By activating the Service, You acknowledge that You have read and understood, and You agree, to the terms and conditions of this Agreement, and You represent that You are of legal age to enter this Agreement and become bound by its terms.
5. In addition, acceptance of this Agreement means that You acknowledge that atpNET may carry out a credit check on you, and you will provide relevant details and sign any necessary forms or other documents relevant to the Service you selected.
6. atpNET may at any time, at its sole and absolute discretion, impose a credit limit on the Customer’s account and/or require payment of a security deposit or pre-payment of charges. atpNET may at any time, at its sole and absolute discretion, apply the Customer’s security deposit to meet any cost, loss or liability incurred as a result of failure by the Customer to comply with the terms and conditions of this Agreement, or to pay any amount payable by the Customer to atpNET within the requested time. If the Customer fails to act on the aforementioned, atpNET reserves the right to immediately terminate or suspend the Service without any further notice or warning.
7. The Customer agrees to notify atpNET within seven (7) working days of any changes to Customer contact details, including without limitation address, phone number, mobile number, credit card details, email address and business name.
8. atpNET reserves the right to provide the Service to any Customers at its sole discretion and is not obliged to disclose the reason of refusal.
9. Fee and charges applicable to your Service commence from the date of connection to atpNET.
10. atpNET reserves the right to discontinue providing the Service generally, or to terminate your Service, at any time in its sole and absolute discretion. The Customer will be responsible for the full month’s charges to the end of the current term including and without limitation unbilled charges, all of which immediately become due and payable, and atpNET, at its discretion, may immediately charge the charges to the Customer’s credit card.
Service and Device Terms
11. atpNET Service is offered on a monthly basis for a term that begins on the date that atpNET activates the Service and ends on the day before the same date in the following month. Subsequent term of this Agreement automatically renews on a monthly basis unless atpNET receives written notice of non-renewal at least 30 days before the end of the monthly term. The Service is purchased on full monthly terms. If the Customer attempts to terminate the Service prior to the end of the monthly term, the customer will be responsible for the full month’s charges to the end of the then-current term, including without limitation unbilled charges all of which immediately become due and payable. Expiration of the term of termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.
12. atpNET Service bundled with the Device is offered on a 12-month term that begins on the date that atpNET activates the Service and ends on the day before the same date in the thirteenth month. Subsequent term of this Agreement automatically renews on a monthly basis unless atpNET receives written notice of non-renewal at least 30 days before the end of the 12-month term. The Service is purchased on a full 12-month term. If the Customer attempts to terminate the Service prior to the end of the 12-month term, the Customer will be responsible for the remaining months charges to the end of the then-current term, including without limitation unbilled charges all of which immediately become due and payable. Expiration of the term of termination of Service does not excuse the Customer from paying all unpaid accrued charges due in relation to the Agreement.
13. The charges of the Device, bundled with or without atpNET Service, will be charged only once to the Customer’s credit card account number supplied by the Customer upon registration of the Service when the Device is dispatched to the Customer.
Service Fees
14. A call is charged when it is answered by the called party or by an answering machine, or by other means which provides announcements for wrong number, server switch off or disconnect service. The call charge of the call if the duration between when the call is answered and when the call is terminated by the calling or called party.
15. atpNET will refund call charges if it can be demonstrated that the Customer has been incorrectly charged.
16. If the Customer upgrades or downgrades the Service plan, no refund will be given to the Customer, for the remaining portion of the monthly and DID fees.
17. If the Customer terminates or cancels the Service, no refund will be given to the Customer, for the remaining portion of the monthly and DID fees.
Change of Service Plan
18. If the Customer changes the Service plan or/and account, the changed Service plan or/and account shall be treated and charged as a new and separate Service. There shall be no transfer any charges from the old to the new Service type, including monthly and DID fees.
Geographical Service Numbers
19. The Customer acknowledges and agrees that if the Customer applies to port geographic service numbers from another supplier’s service to the atpNET Service (a process commonly referred to as LNP), atpNET does not warrant such a port or that numbers can be successfully ported to atpNET or vice versa.
20. Where the Service included the provision of a local phone number (DID), the local phone numbers obtained from atpNET will not be listed in any telephone directories.
Emergency Services
21. atpNET Service requires a fully functional broadband connection to the Internet (which may not be provided by atpNET) and that, accordingly, in the event of an outage, or termination of service with or by, your Internet service provider (’ISP’) and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or atpNET terminate the Service in accordance with this Agreement.
22. There may be a greater possibility of network congestion and/or reduced speed in the routing of Emergency Dialling calls made utilising the Service as compared to traditional Emergency Dialling over traditional public switched telephone networks (’PSTN’).
23. atpNET Service is NOT a substitute for a standard PSTN telephone service and it is recommended that you maintain an alternative telephone service, either PSTN or mobile, to make and receive calls and to ensure that you have access to Emergency Dialling at all times.
24. In the case that an Emergency Centre does not have the address of the Customer or is unable to identify the phone number of the Caller, the Caller or the Customer will be required to verbally state the nature of the emergency promptly and clearly, including their location (and possibly their telephone number), as the operator may not have this information. Emergency personnel will not be able to find the Customer or Caller’s location if the call is not completed or is not forwarded, is dropped or disconnected, if the Customer or Caller is unable to speak to tell the operator their location, of if the Service is not operational for any reason.
25. Should there be an interruption in the power supply or ISP broadband outage, the Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require the Customer to reset or reconfigure their Device prior to utilising the Service.
26. Service outages or suspensions or terminations of service by the Customer’s broadband or ISP will prevent all Service, including Emergency Dialling, from functioning.
27. Should atpNET suspend or terminate your Service, the Service, including Emergency Dialing, will not function until such time as atpNET restores your Service, which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement.
28. If there is a Service outage for any reason, such outages will prevent all Services, including Emergency Dialling, from functioning. Such outages may occur for a variety of reasons, including but not limited to, those reasons described elsewhere in this Agreement. For this reason, we strongly recommend that you do not disconnect your PSTN service. We are not liable to you for any loss or damage you suffer or for any costs, expenses or charges incur arising from any inability to access Emergency Dialling using atpNET Service and which is not a direct result of our fault or negligence.
Fair Use Policy
29. The Customer shall not use the Service or the Device for auto-dialling, continuous or extensive call forwarding, telemarketing, including but not limited to, charitable or political solicitation or polling, or fax or voicemail broadcasting. atpNET reserves the right to immediately terminate or modify the Service without any further notice or warning if atpNET determines, in their sole and absolute discretion, that the Service or Device is used for any of the aforementioned or similar activities, or at any time was inconsistent with the usage patterns of the respective target markets of the atpNET Residential and Business plans.
30. The Customer acknowledges and agrees that the Customer will make reasonable use of the atpNET Service and use such services for voice calls only. atpNET considers the duration of any calls, regardless of whether is timed or untimed in any atpNET service plans, to be unreasonable if, on average, 90% of local calls and on-network calls made have duration of 30 minutes or more on any particular line. Such unreasonable use of the Service will be deemed misuse and atpNET may immediately terminate the Service without any further notice or warning.
31. The Customer agrees to use the Service and the Device only for lawful purposes. This means that the Customer agrees not to use the Service transmitting and receiving any communication or material of any kind when in atpNET’s sole judgment the transmission, receipt or possession of such communication or material would constitute and or encourages conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. atpNET reserves the right to terminate the Customer’s Service immediately and without advance notice if atpNET, in its sole and absolute discretion, believes that the Customer has violated the above restriction. In the event of such termination, the Customer is responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, if applicable, all of which immediately become due and payable and atpNET, at its discretion, may immediately charge the charges to the Customer’s credit card.
32. The Customer shall not use the Service and the Device in any way that is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, or any similar behaviour. atpNET reserves the right to terminate the Customer’s Service immediately and without advance notice if atpNET, in its sole and absolute discretion, believes that the Customer has violated the above restriction. In the event of such termination, the Customer is responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, if applicable, all of which immediately become due and payable and atpNET, at its discretion, may immediately charge the charges to the Customer’s credit card.
33. The Customer shall notify atpNET immediately, in writing or by calling atpNET customer support line, if the Device is stolen or/and if the Customer becomes aware at any time that the Service is being stolen, fraudulently used or otherwise being used in an unauthorised manner. The Customer must provide the account number and a detailed description of the circumstances of the Device theft or/and fraudulent use of Service. Until such time as atpNET receives notice of the theft or fraudulent use, the Customer will be liable for all use of the Service using a Device stolen from the Customer and any fraudulent or unauthorised use of the Service.
Delivery, Replacement, Refund and Exchange of the Device
34. atpNET sends devices in satchel or box, depending on the size and/or weight of the Device, to the Customer via courier and the Customer bears the freight costs. It is the responsibility of the Customer to check the content of the satchel or box before signing the delivery receipt. If the content does not match the order, the Customer must not sign the receipt and return the satchel or box to the courier. If the Customer signs the receipt, the Customer acknowledges that the content in the satchel or the box have been checked and have taken possession of the goods. atpNET will not be responsible for any items missing from the satchel or box after the delivery receipt has been signed for.
35. atpNET will replace, refund or exchange the Device purchased by the Customer within 14 days of purchase provided (i) that the Device has been purchased directly from atpNET and (ii) that the Device has not been damaged or tampered with in any form. The Customer must return the Device directly to atpNET with the receipt or proof of purchase to claim replacement or refund.
36. All returns must be properly packed when returned. Anti-static bags and sufficient foam or similar cushioning filler must be used. atpNET will reject any returns that have sustained physical damage due to poor packaging or handling. Rejected returns will be returned to the Customer at the Customer’s expense.
37. atpNET will firstly inspect all returns before any credits are made. Goods which are damaged or have manufacturer’s parts or packaging missing or damaged in atpNET’s opinion will be returns to the Customer at the Customer’s expense.
38. For replacement, the Customer shall return the Device to atpNET and pay for the freight. atpNET will credit $10 call credit to the Customer’s account as a means of compensation if the Device is found to be faulty by atpNET, in its sole discretion.
39. For refund, the Customer shall return the Device to atpNET and pay for the freight, handling fees of $10, and restocking fee of 15% of the invoiced amount. The handling fees of $10 and the restocking fee of 15% of the invoiced amount shall be deducted from the refund.
40. For exchange of the Device, the Customer shall contact atpNET within the 14 day period and provide the proof of purchase, the Device details and the Device they wish to exchange it for. The Customer must agree to pay the difference in the Device costs and that should the Device cost be less than the original purchase, then the difference is NOT refunded to their credit card, and this amount is forfeited. The Customer shall pay for shipment in both directions unless it has been established that atpNET was in error.
41. atpNET may request the Customer to return a defective Device directly to atpNET or the supplier of the Device for exchange. Where the Device is to be returned is dependent on the arrangement between atpNET and the individual suppliers of the Devices. The Customer shall bear the freight costs and may be entitled to a refund from atpNET if the returned device is found to be defective due to atpNET’s making.
Tampering of the Device or Service
42. The Customer shall not change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from atpNET in each instance which atpNET may deny in its sole discretion.
43. The Customer shall not hack or disrupt the Service or to make any use of the Service that is inconsistent with its intended purpose or to attempt to do so.
44. atpNET reserves the right to immediately terminate the Service without any further notice or warning if atpNET determines, in their sole and absolute discretion, that the Service or Device is used for any of the aforementioned or similar activities. The Customer will be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, if applicable, all of which immediately become due and payable, and atpNET, at its discretion, may immediately charge the charges to the Customer’s credit card.
Billing and Charges
45. The Customer agrees and acknowledges that atpNET will issue electronic copy invoices for the Service to the Customer’s email address, as provided by the Customer on the Service application form, on or before the 15th day of each month for the previous calendar month.
46. atpNET will bill the Customer all charges, applicable taxes and surcharges monthly in advance, and any usage charges will be billed per second, rounded to the nearest cent. Payments must be made by the Customer by its due date without any deductions of set-offs.
47. atpNET only accepts automatic monthly payments and can only be done with credit card. The Customer must provide atpNET with a valid credit card number (Visa, MasterCard, or any other issuer then-accepted by atpNET) when the Service is activated. atpNET reserves the right to stop accepting credit cards from one or more issuers.
48. The Customer will be subjected to a pre-authorised amount equivalent to the value of the monthly fee of the Service Plan at the beginning of the Customer ordering the Service and/or the Device. If the Customer signs up for a $0 Plan, the Customer will be subjected to a pre-authorised amount of $10 at the beginning of the Customer ordering the Service and/or the Device. The pre-authorised amount will be charged to the Customer’s credit card provided upon application of the Service and will be credited to the Customer’s account with atpNET. Credits on the Customer’s account are non-refundable, non-transferable and not redeemable for cash.
49. The Customer must immediately advise atpNET if the Customer’s credit card expires or cancelled and replaced owing to loss or theft, the Customer’s billing email address changes, and/or the Customer closes the account.
50. atpNET will terminate the Service at any time, in their sole and absolute discretion, if any charge to the Customer’s credit card on file with atpNET is declined or reversed, expires and the Customer have not provided atpNET with a valid replacement credit card or in case of any other non-payment of account charges. In such event, the Customer will be fully liable to atpNET for all charges before termination, including a late fee. atpNET may charge the Customer interest on any late payments at a rate of 2% per annum about the base lending rate.
51. The Customer’s initial use of the Service authorises atpNET to charge the credit card account number including any changed information given to atpNET if the card expires or is replaced, or if the Customer substitutes a different card for atpNET charges. This authorisation remains valid until 30 days after atpNET receives a written notice from the Customer clearly stating the termination of atpNET’s authority to charge the Customer’s credit card, whereupon atpNET will charge the Customer any other outstanding charges and terminate the Service.
52. An account handling fee of $30 shall be charged if the Customer request for a subscription account to be subtracted i.e. removed from an existing atpNET account and is to be replaced in a separate account. An account handling fee of $20 shall be charged if the Customer request to have the account reopened and reactivated with an atpNET locked adapter device after the said account had previously been closed.
53. atpNET reserves the right to suspend the Service if the Customer fails to make monthly advance payment due to card expiry or any other reasons. The Customer may reactivate the Service with a payment of activation fee of $20 plus the normal monthly fee if the period of suspension is less than 14 days.
54. Where the Customer is in default of any payments to atpNET, the Customer agrees that atpNET or its agents may use any information collected and recorded by atpNET or its related bodies corporate in relation to the Customer’s account to assist atpNET in the process of debt recovery and may use debt collection agencies for that purpose. atpNET reserves the right to charge the Customer any costs, including legal costs, incurred in recovering an outstanding amount.
Limitations of Liability and Indemnity
55. Subject to any Service plans offered with or without atpNET Device, atpNET will not be liable for any delay or failure to provide the Service, including Emergency Dialling, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
(a) An act or omission of an underlying carrier, service provider, vendor or other third party;
(b) Device, network or facility failure, upgrade or modification;
(c) Device, network or facility shortage;
(d) Device or facility relocation;
(e) Force majeure events such as, but not limited to, strikes, fire, war, riot, acts of terrorism, government actions and acts of God.
(f) Service, device, network or facility failure caused by the loss of power to the Customer;
(g) Outage of the Customer’s ISP or broadband service provider;
(h)Any act or omission by the Customer or any person using the Service or the Device provided to the Customer; or
(i) Any other cause that is beyond atpNET’s 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, Emergency Dialling) to be connected or complete or degradation of voice quality.
56. In no event will atpNET, its officers, directors or employees be liable for any direct, indirect, special, punitive, exemplary or consequential damages, or for another other damages including but not limited to personal injury, wrongful death, property damage, loss of data, loss or 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 Emergency Dialling service or to obtain emergency help.
Miscellaneous
57. This Agreement, including any future modification as may occur within the terms of the Agreement constitute the entire agreement between atpNET and the Customer and supersedes all written or oral agreement between the parties.
58. If any of the terms of provisions of this Agreement are or become invalid or unenforceable then they shall be deemed severable and all other terms and conditions shall remain in full force and effect.
59. This Agreement is deemed to be made in the State of Victoria and all disputes shall be determined by the Court of relevant jurisdiction in Australia.
Changes to This Agreement
60. atpNET may vary the terms and conditions of this Agreement, including all fees, rates and charges, from time to time. Notice of such changes will be considered given and effective from the date posted on atpNET website www.atpnet.com.au. Such changes will become binding on the Customer seven (7) days after such changes are posted on atpNET website and no further notice by atpNET is required. Notification will be provided in this case, unless variations were made due to a change in law or regulation.
61. This Agreement as 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 Customers in connection with retail distribution, including without limitation any written terms enclosed within the packaging of the Device.
Privacy
62. atpNET Service utilises, in whole or in part, the public Internet and third party networks to transmit voice and other communications. atpNET is not liable for any lack of privacy which may be experienced with regards to the Service. Please refer to atpNET’s Privacy Statement at www.atpnet.com.au/privacy-statement for additional information.