IP Telephony Category Terms

1. Application

These terms apply to all IPTel services (not our standard VoIP services) we provide, e.g. IPTel, and form part of our customer contract with you. They must be read in conjunction with our core terms at au.pacnet.com/terms-and-conditions/ and any applicable service terms.

2. Service conditions

2.1. The availability and continuation of services are subject to technical and other conditions.

2.2. Your service conditions include:

2.2.1. having a broadband internet connection such as DSL with an upload speed no less than 512kbps, and a download speed of at least 512kbps;

2.2.2. having at least a symmetric high speed DSL service with 1:1 contention which is compatible with the approved hardware, where you wish to use IPTel and data services;

2.2.3. having a service which is compatible with the approved hardware;

2.2.4. having a service location which is within a service zone.

2.3. Certain products and services are incompatible with the service. Your service conditions also include overcoming any incompatibility issues.

2.4. The use of other products and services on your broadband internet connection may degrade the quality of the IPTel service. Your service conditions also include fitting any necessary filters or other equipment to the approved hardware or your broadband internet connection where required.

2.5. You must comply with all service conditions at your own cost, and we are not responsible for any consequences of you failing to do so.

3. Service location

3.1. In order to use the service you must nominate a service location.

3.2. You must only use the service at the service location.

3.3. If you change your address then you must:

3.3.1. cancel your service; and

3.3.2. reapply for a new service at a new service location unless we consent to assigning the service to a new service location.

4. Service limitations

4.1. You acknowledge that:

4.1.1. the service may not be continuous;

4.1.2. there will be variations in clarity and capacity of service;

4.1.3.call quality may be effected by internet congestion, or shaping of a broadband internet connection;

4.1.4. unless you block your CLI, then CLI data will be transmitted by the service;

4.1.5. we recommend that you enable Quality of Service (QoS) on your router to prioritise IP Tel traffic;

4.1.6. the speed, contention and other performance factors of your data service (e.g. DSL) will effect the number of concurrent IPTel calls that can be made at anytime – the number of concurrent IPTel calls that can be made may fluctuate from time to time; and

4.1.7. if you are using a broadband internet connection that we provide, then the Quality of Service product that we offer – although we don’t warrant the effect of QoS, it may in some cases improve quality of the IPTel service.

4.2. We may:

4.2.1. limit the performance of the service from time to time;

4.2.2. cease or interrupt the service to troubleshoot, maintain or upgrade it;

4.2.3. alter the IP address of your service, unless your customer contract says otherwise.

4.3. You must:

4.3.1. not use any SIP settings or passwords with the service on equipment which is not approved hardware and which is not situated at the service location;

4.3.2. keep your service settings and password confidential.

5. Telephone numbers

5.1. When you apply for the service then you may be allocated a DID (depending on your service plan), and you do not have the right to select it.

5.2. You don’t have any right or interest in any DID we give you, and we may change any DID we give you at anytime.

5.3. Any DID we allocate you will not be subject to number portability, unless:

5.3.1. we agree in writing;

5.3.2. we have a porting agreement with a gaining service provider or carrier; and

5.3.3. it is lawful to do so.

5.4. Where we change your DID then it is your responsibility to arrange call diversion at your cost.

6. Service features and approved hardware

6.1. Subject to clause 6.2, we offer the following features with the service:

6.1.1. call hold/switch;

6.1.2. call waiting;

6.1.3. call forwarding;

6.1.4. call transfer (unattended);

6.1.5. call return;

6.1.6. call return on busy;

6.1.7. call redial;

6.1.8. caller ID display;

6.1.9. three way conference calling; and

6.1.10. specified call blocking.

6.2. We may change or withdraw features from the service at anytime without notice, and where we do, the change or withdrawal will take effect immediately.

6.3. All features may not be available:

6.3.1. until they are enabled on the service in accordance with the instructions we provide; and

6.3.2. if they are not supported by your telephone handset.

6.4. Where you access a feature such as voice mail without using the service, then you may be subject to normal call charges.

6.5. We may lock approved hardware with a password or any other method, to ensure that any setting we implement is not altered.

6.6. You may request us to unlock approved hardware for use with alternate settings or with an alternate supplier, where we first agree in writing.

6.7. Unless we agree otherwise in writing, you may only apply for (but we are not obliged to accept your order):

6.7.1. a DID range of 10 or 100 numbers; and

6.7.2. either 5, 10, 20 or 30 voice channels.

7. Emergency calls

You acknowledge that the service:

7.1. must not to be used as a replacement for a PSTN telephone service, but only as a complimentary service;

7.2. should not be used to make ‘000’ or other emergency telephone calls;

7.3. may not transmit CLI data concerning your location, so that emergency services may not be able to determine your location to provide assistance;

7.4. may not operate during a power outage unless your hardware has a fail over PSTN connection via an FXS port – if you are unsure you should ask us or obtain your own independent advice from the manufacturer of the hardware you are using with the service.

8. Charges

8.1. We usually quote our call rates on a per minute basis unless we say otherwise.

8.2. All calls made using this service are billed on a per second basis.

8.3. All call charges which are calculated to part cents are rounded up to the nearest cent, for example, $4.973 would be rounded up to $4.98.

8.4. Some calls are subject to flagfall and minimum call charges.

8.5. Additional call charges may apply with the use of some features of the service such as call forwarding.

8.6. We may impose calling barring to some services such as premium rate numbers e.g. 1900, where we do, we may disable call barring provided you submit a credit application and we approve such application.

8.7. Additional charges may apply to calls made to 13 or 1300 or other numbers such as premium rate numbers such as 1900, if they are available from the service.

8.8. Your monthly charges start when the service is provisioned by us, whether you use the service or not.

8.9. All calls made using the service are subject to the standard data allowance specified under your access tail, such as SHDSL and DSL plans.

9. Customer Promises and Warranties

9.1. You must ensure that the service:

9.1.1. is not used for anything which is unlawful;

9.1.2. is used in a manner which complies with our AUP; and

9.1.3. is not used in a manner that is detrimental to our network (or property) or anyone else’s network (or property).

9.2. You warrant that:

9.2.1. only people under your control will use the service;

9.2.2. you will not and will not cause a breach of the Telecommunications Numbering Plan 1997; and

9.2.3. you will not unreasonably use the service – what is unreasonable is determined in our absolute discretion.

9.3. Unless you annually pay for and subscribe to Cisco SMARTnet warranty we will only provide the minimum warranty required by law.

10. Hardware purchase

Subject to:

10.1. our acceptance; and

10.2. you satisfying our requirements, as amended from time to time; and

10.3. any other terms we may impose;

you may purchase the hardware for use with this service either by a single upfront outright purchase payment, or by way of a finance lease (on terms which we will advise you of).

11. Support and installation

11.1. We will only provide standard support by telephone Monday to Friday between 8am and 5pm (AEST) excluding public holidays.

11.2. Where we agree to provide you with Extended Support, it will include telephone support 24 hours per day 7 days per week.

11.3. Where we agree in writing, you may upgrade to Extended Support in clause 11.2, for an additional charge (as determined by our then current price list).

11.4. If you require us to install the approved hardware:

11.4.1. we may charge you a site audit fee (to determine whether the premises are suitable for installation of the approved hardware) and an installation fee in accordance with our then current price list;

11.4.2. we may vary installation times without notice – any installation date we give you is only indicative and is subject to change;

11.4.3.you must:

11.4.3.1. ensure that you provide us with all reasonable access to the premises to undertake a site audit and installation;

11.4.3.2. ensure that there are adequate power supplies for power tools;

11.4.3.3. ensure that the premises are clear and that we have uninterrupted access;

11.4.3.4. comply with our reasonable requests;

11.5. We may subcontract installation services to a third party, where we do, we will endeavour to ensure that they are suitably qualified and licensed to undertake the work.

11.6. You:

11.6.1. release us from any Claim arising from the installation of approved hardware, a site audit of your premises, or any delay or service interruption;

11.6.2. indemnify us against any Claim arising from any act or omission of yours and any act or omission of our subcontractor; and

11.6.3. acknowledge that we do not offer service levels on the installation of services.

12. Customer Service Guarantee waiver

12.1. By applying for this service you waive all of your protection and rights under Part 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

12.2. By agreeing to the waiver in clause 12.1 you:

12.2.1. are foregoing the protection and rights outlined in the Telecommunications (Customer Service Guarantee) Standard 2000 (No.2) (a summary of which can be reviewed at au.pacnet.com/terms-and-conditions/phone-category-terms/customer-service-guarantee/);

12.2.2. understand that there are no protections and rights that would not be foregone under Part 5 of Telecommunications (Consumer Protection and Service Standards) Act 1999 by accepting this waiver; and

12.2.3. will obtain a significant service benefit as a result of this, as you will be receiving a service with a low monthly fee, no fixed term contract and cheap call rates.

13. Dictionary

approved hardware any hardware that we approve or that we provide to you for use with the service eg. an ATA
DID direct in dial telephone number
PSTN telephone service a standard telephone service that uses the Public Switched Telephone Network but excludes the service
qualified plan a plan which normally charges for excess data usage, but has uncharged access to the sites listed under “free sites” on the Pacnet DSL Launch Pad – this includes excess charged Express and Business DSL plans
off net calls are voice calls made using the service which originate from our network, to a location outside of our network and which: (a) are subject to call costs under the service; and (b) can be identified by us as an off net call
the service our IPTel services, unless the context states otherwise
service conditions any and all of the technical conditions for supply of the service
service location is the site to which the service is supplied, or is to be supplied
service zone an area in which we can provide you with the service
SIP settings the settings that are required for the approved hardware to be used with the service
IPTel service the service