STW VoIP Terms and Conditions
"STW", "Stuff That Works", "Our", “We” and “Us” means STW (ABN 61 109 606 836).
The “Customer”, “You”, “Their” and “Your” means the end user of our services
“Parties” means “STW” and the “Customer”.
“Service” means the service(s) supplied by STW to the end user.
“Written Notice” means communication either via Email or Postal Mail to the Contact Name(s) supplied to STW.
By accepting the supply of services from STW, you accept these terms and conditions. You acknowledge that the terms and conditions, including relevant charges; may be varied from time to time by STW giving you not less than 14 days written notice.
- The Service
- 2.1 STW may use third party suppliers and contractors for the supply of services under this agreement.
- 2.2 Supplementary Terms and Conditions relating to the service(s) supplied by STW can be found under the relevant Appendix headers in this agreement. Additional Terms and Conditions or Capabilities of the supplied Service may be included on the Service Rate Card (or Pricing Schedule).
- Use of the Service
- 3.1 The customer must provide the items (if any) necessary to make the connection to our services possible.
- 3.2 CPE (Customer Premises Equipment) is defined as equipment located at the Customer's Premises. Purchases, Installation and configuration of equipment and or software, not provided by STW and used for connecting to STW services are the responsibility of the customer.
- 3.3 Equipment Purchased from STW will be covered by an equipment specific warranty. The connection, configuration and installation of any hardware and software purchased from us remain the sole responsibility of the customer. Where possible we will assist in configuring and supporting the hardware/software supplied by STW with your existing equipment and software.
- 3.4 Equipment Supplied by STW which forms part of the service provided by STW, remains the property of STW or its third party supplier and should not be removed from the premises where the service is located at unless advised by STW. STW will configure and provide support for the equipment, up to the point of interconnection with the customers equipment. Should the customer cease the supplied service with STW, the equipment must be returned to STW, otherwise the Customer will be charged the full price of the equipment.
- 3.5 You acknowledge and agree that STW supplies the Service for your use solely at the premises as kept on record. If you move premises, you must update the details at which premises the service is used. If for any reason the service is not used at the premises as kept on record, STW is not liable if the service(s) cannot be used.
- 3.6 You agree not to use, or allow another person to use, the Service:
- to infringe another person's rights;
- in a manner that may expose STW to liability;
- in any way that may damage any Equipment, or interfere with or interrupt the Service or any other telecommunications network, equipment, facilities or cabling controlled or utilised by STW, or any other supplier of telecommunications services;
- in any way that may damage any property or injure or kill any person;
- to transmit, publish or communicate any defamatory, offensive, abusive, indecent or menacing material;
- to make any hoax calls, including calls to an emergency service;
- to violate or infringe any duty or obligation owed to any person under law; and
- to commit, or in relation to the commission of, an offence under any law of the Commonwealth or any of the States or Territories.
- You must not supply this service for re-sale, unless otherwise agreed with STW.
- Charges & Billing
- 4.1 The Service is subject to a contract term ("Minimum Service Period"). If no contract term (“Minimum Service Period”) is indicated, the Minimum Service Period will be deemed as one calendar month. Unless otherwise agreed, all services shall be automatically renewed based on the billing period of the particular service after the expiry of the Minimum Service Period.
- 4.2 You will remain responsible for all installation, configuration, equipment (if supplied), service fees, usage, calls and excess charges incurred by using the service.
- 4.3 STW will bill you on a monthly basis unless otherwise agreed. Invoices must be paid within 14 days from the date of issue. Payment must be made in full by cheque, credit card, direct debit or other methods permitted by STW.
- 4.4 STW may charge a late payment fee on any overdue amounts. In addition, STW may impose an administrative fee to cover its reasonable expenses and costs incurred in enforcing any failure or delay in your payment.
- 4.5 An Invoice may include charges for previous billing periods due to delays in receiving billing information from our suppliers.
- 4.6 Payments will be first applied to any outstanding balances first before any current balances from the most recent invoice.
- 4.7 STW may, in its discretion, notify you that the acceptance of your Application and on going use of the service(s) supplied is conditional on you paying a deposit (the amount of which will be specified) in advance. The amount is payable before any services will be delivered. The parties agree that STW will apply the amount of the deposit at its absolute discretion, in payment of invoices issued by it, until such time as the amount of the deposit is exhausted. Once the deposit is exhausted, a further deposit may be required. Alternatively STW may apply a Credit Limit on your Account, which will be determined by STW from time to time based on your payment history.
Personal information that STW collects from you is collected for the primary purposes of enabling STW to supply services to you and for the administration of your account with STW; including creditworthiness assessment, billing and debt collection in accordance with the Privacy Act 1988 and its amendments. You agree that STW may release your personal information and other information provided to us by you to another carriage service provider if that release is required to enable STW to supply the services to you and to a credit reference agency in connection with STW obtaining from or supplying to that agency information about your creditworthiness.
- Period Of Agreement
This Agreement shall commence on the date your application is accepted by STW and shall continue until terminated in accordance with these terms and conditions. The Minimum Service Period shall commence on the date the Service is activated. If during the Minimum Service Period this Agreement is terminated by you or is terminated by STW under clause 7.2, you will pay to STW an Early Termination Charge calculated by multiplying the total recurring monthly service fees by the number of months between the date of termination and the expiry of the Minimum Service Period.
- Service Suspension and Termination
- 7.1 STW may terminate this agreement by providing you not less than 30 days written notice. You may terminate this agreement at any time by giving us at least 14 Days notice but, if the termination is during the Minimum Service Period, you will be liable for the Early Termination Charges.
- 7.2 STW may by written notice immediately suspend supply of the Service to you and/or terminate this agreement if:
- You fail to pay by the due date any charges payable for the Service and fail to rectify that default within 7 days of receiving from STW a written notice requiring you to do so;
- You are declared bankrupt or deceased or if a receiver, liquidator, provisional liquidator or administrator is appointed to your undertakings or assets and that appointment continues for a period of 5 Business Days, or if you enter into any arrangement with any of your creditors or any class of such creditors or if you cease to carry on business;
- STW has reasonable evidence that you have breached clause 3 of this Agreement.
- 8.1 STW does not warrant that the Service will be uninterrupted or fault free.
- 8.2 STW excludes any liability to you for any indirect or consequential loss, costs, or damage (including, but not limited to, loss of profits, loss of revenue, and expected loss) arising out of this Agreement, including, but not limited to, STW's supply of (or failure to supply) the Service, whether arising as a result of any act, omission or negligence of STW or otherwise.
- 8.3 To the maximum extent permitted by law, STW limits its liability to you for any liability which may arise out of or in relation to this Agreement, (whether based in contract, tort, including negligence, or statute) to an amount in aggregate for all claims which is the amounts paid by the Customer for the Services under this Agreement.
- 8.4 You indemnify us against any loss or damage we may suffer as a result of your attempted use or any use of the Service.
- Service availability and quality
- 9.1 General acknowledgement
The parties acknowledge that it is technically impracticable for STW to guarantee that the Service will be available in each area, that capacity will be available at all times, or that the Service will be free from faults or errors. STW undertakes to provide the Service using reasonable care and skill.
- 9.2 Reliance on other networks
You acknowledge that the Service may rely upon the operation of Supplier Networks operated by other Carriers and services provided by other Carriage Service Providers (such as the customer's internet service). You further acknowledge that STW is unable to guarantee the operation of and the use of the service through Supplier Networks or other carriers and carriage service provider’s services. Any failure of a Service caused by another network or service beyond the control of STW; STW will not be responsible, or liable to you, for such failures.
- 9.3 Maintenance
- Without limiting clause 9.1, you agree that STW may from time to time, conduct maintenance on and of the network and infrastructure through which the Service is provided. STW will try to conduct such maintenance outside Business Hours, but you acknowledge that it may not always be possible for STW to do so.
- You agree that STW will not be responsible for rectifying any fault in the Service if that fault arises in or is caused by a network or infrastructure of another supplier of telecommunications services, your own equipment or any other infrastructure, equipment or facilities that are outside STW's reasonable control or responsibility.
- 9.4 Acknowledgement
You confirm that STW does not warrant, and has not represented, that the Service is or will be free of errors, defects or interruptions, or that it will be available at all times.
- 9.1 General acknowledgement
- 10.1 Headings are for ease of reference only and not as an aid to interpretation.
- 10.2 The Customer may not transfer legal responsibility for the Service without STW's written consent.
- 10.3 The Customer acknowledges that where STW requires the consent of the Customer to undertake certain actions, then provided STW acts in good faith, STW may rely upon the authority of any employee of the Customer who warrants that he or she is authorised to provide that consent on behalf of the Customer.
- 10.4 STW may set off or apply any credit balance in any of your accounts with STW or any amounts owed by STW to you against any amount due and payable by you to STW.
- 10.5 Failure by either party to exercise or enforce any right conferred by this Agreement will not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement of the right or of any other right on any later occasion.
- 10.6 If part or all of any clause of this Agreement is illegal, invalid or unenforceable it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable or if this is not possible, the affected clause or part will be severed from this Agreement, the remaining provisions of this Agreement will continue to have full force and effect and the parties will attempt to replace that severed part with a legally acceptable alternative clause that meets the parties' original intention in relation to the subject matter severed.
- 10.7 The Agreement constitutes the entire agreement between the parties as to its subject matter and supersedes any prior understanding or agreement between the parties (including any Memorandum of Understanding) and any prior condition, warranty, indemnity or representation imposed, given or made by STW.
- 10.8 The Agreement is governed by the laws applicable in the State of Victoria in the Commonwealth of Australia and each party irrevocably submits to the non-exclusive jurisdiction of the courts of that State.
Appendix A - Voice Services (Excluding Re-billed Telstra Services & Mobile Services)
- 1.0 Service Definition
- 1.0.1 SIP Trunk services allow you to make and receives calls over the Internet or a Voice DSL/Private Network connection to STW using an IP Phone, IP PBX or Adapters/IAD's (Integrated Access Devices).
- 1.0.2 Hosted PBX is a telephony service, which provides the functionality, and features of a PABX, however hosted externally over the Internet and interconnected with IP Phones or Adapters/IADs (Integrated Access Devices) acting as extensions. The Hosted PBX will be issued with a 100, 10 or Individually ported Number ranges for up to 5 numbers to be used as a Indial Geographic Number Range for the listed main service location which can be allocated to Ring/Queue Groups or Extensions. Additional Numbers can be added at an additional charge, however must be located at the same service address of the Hosted PBX.
- 1.0.3 Hosted PBX Extension is a SIP based account that is attached to a Hosted PBX, which can be registered to a IP Phone or Adapter/IAD (integrated Access Device) and used as an Extension of the PBX.
- 1.0.4 Hosted PBX Extension Plus is the same as a Hosted PBX Extension, however includes calls to Australian Landlines (numbers starting with 02,03, 07 or 08), New Zealand Landlines (+64 Country Code), UK Landlines (+44 Country Code), US, Singapore and Hong Kong numbers.
- 1.0.5 Hosted PBX Extension Plus Phone is the same as a Hosted PBX Extension Plus, however includes a Managed IP Phone Handset (or other agreed device) which remains the property of STW.
- 1.0.6 Fax to Email allows you to receive Standard Fax Messages from both within Australia and Internationally to a Fax Number and sent via email as a PDF file to your designated email address.
- 1.0.7 Email to Fax allows you to send Standard Fax Messages from your registered email address to a Fax Number in Australia and Internationally, attached to an email either as a PDF, Word/Excel Document or Text File.
- 1.0.8 OnNet PSTN & ISDN services are fully managed VoIP based services that are provided over DSL or EFM Tails directly back to the STW Network and presented with supplied Equipment as Traditional POTS (PSTN) or ISDN Services.
- 1.0.9 Dedicated Voice Access Services are DSL or other data access services that are provided for direct access to the STW Voice Network. Terms for these services are covered under Appendix B.
- 1.0.10 Inbound 13/1300/1800 Service is a flexible inbound calling service. Customers can use these services to enable their clients to call them at a subsidised call charge using certain 13, 1300, 1800 prefixed numbers. Each Freephone Service has a single service number that is ten digits (of the form 1800 XXX XXX). Each Local Rate Service has a single number that is either ten digits (of the form 1300 xxx xxx) or six digits in length (of the form 13 XX XX). Calls to a Freephone and Local Rate Service Number(s) can be made from most telephone services in Australia and are routed to customer nominated numbers/sites within Australia.
- 1.0.11 International Service Numbers are available for connection to SIP Trunk services and available in Countries or Locations available to STW.
- 1.1 Numbering
- 1.1.1 Issue of Numbers
- STW may issue a Number to the Service and vary that Number in accordance with any national regulatory policy on numbering made pursuant to the Telecommunications Act.
- The selection, issuing and use of Numbers is governed by the Authority's numbering plan and directions relating to numbering, and you agree that you must accept and comply with the requirements of the Authority or any other body from time to time that administers or oversees the allocation of Numbers.
- STW may be required by law to withdraw, suspend or reassign a Number assigned to you, and STW will not be liable to you for any loss or damage incurred or sustained by you if STW is so required.
- 1.1.2 Local number portability (“LNP”), including Freephone and Local Rate Service Number Porting.
You acknowledge that:
- STW may not be able to provide local number portability for existing number(s), which you use for telecommunication services obtained from other Carriers or Carriage Service Providers. STW provides no guarantee that your telephone number(s) from your current Service Provider can be ported. Your current Service Provider may reject this port request if the information you provide is incorrect or does not match the data held by them. In this case you authorise STW to correct the information and resubmit the request to port your telephone number or dispute the rejection by your current Service Provider. A porting request may also be rejected for other reasons as stated in the LNP Industry Code.
- Some numbers allocated by STW may not be able to be ported out from STW. STW is not obliged to procure for and/or provide to you any particular number allocated or assigned to you by another Carrier or Carriage Service Provider. STW will not be liable to you for any loss or damage incurred or sustained by you if such number is not, or is no longer, available or any outage caused by LNP.
- You must not deactivate your service with the other service provider, until after the number is ported to STW.
- You can only withdraw your request for Number Portability before the Electronic Cut-over request is received. You will be responsible for any costs involved with relation to the Emergency Porting back of a number to the existing service the number(s) belonged to.
- STW does not warrant that the telephone number(s) will be ported within any specified timeframe. Porting Hours of Operation are 9am to 5pm AEST/AEDST Monday to Friday, excluding National Public Holidays. Cutover can only be initiated at least 3 business days after the porting Notification Advice is sent by STW to your current Service Provider. If a port request is rejected and needs to be resubmitted, cutover cannot take place for at least another 3 business days after the request is resubmitted.
- Only your telephone number(s) will be transferred to STW. This may result in the loss of any Value Added Services that are associated with the service provided by your existing Service Provider (eg Voicemail).
- If you wish to port your telephone number(s) from STW to another Service Provider, then you must contact the other Provider.
- STW reserves the right to charge a fee for porting your telephone number(s) to or from STW.
- Local Number Portability (LNP) does not guarantee you can keep your telephone number(s) if you move to a different geographic location or Standard Zone Unit as defined within the Telecommunications Act for Geographic Based Numbers.
- By porting telephone number(s) to STW, the service associated with that telephone number is disconnected from the existing service provider’s network and transferred to the STW Network.
- By porting telephone number(s) to STW, any DSL/Spectrum Sharing service associated with the telephone number(s) will be disconnected and may result in finalisation of the DSL Spectrum Sharing (LSS) account for that service;
- You may have outstanding contractual obligations and costs owed to your current Service Provider, which may include early termination fees and porting fees. STW is not liable for any such costs.
- 1.1.3 Numbering and Call Charges
You acknowledge that:
- A local call charge will only apply to other calls made to the area where your geographic number is located or the adjacent call zone.
- People who call you from outside the SZU (Standard Zone Unit) of your Number(s) may be charged a timed call from their Telecommunications Carrier. The Standard Zone Area is the Geographic location of your number and where callers from the same zone area can call you for a local call charge.
- When you move outside the geographic area or the SZU (Standard Zone Unit) of where your Number(s) is located, we may be required to change your number(s) to the area where your service is now located.
- 1.2 Caller line identification
- You acknowledge that when:
- a call is made using a Service, the CLI may automatically be sent to the telecommunications equipment of the person receiving the call; and
- a call is received using a Service, the CLI of the calling party may be displayed or recorded by the Equipment, unless CLI is barred by the person making the call. You must comply, and use reasonable endeavours to ensure that any third parties using the Service comply with applicable privacy and other guidelines as well as industry codes of practice on the use and capture of CLI.
- Hosted PBX Extensions without a Direct Indial Number assigned will have the directory number CLI of their Hosted PBX sent to the Network, except from within the Hosted PBX (eg. Between Extensions).
- Services without a Geographic number (Outbound/Call Termination Services Only) will not have their CLI sent outside the STW Network regardless of it being blocked or allowed.
- 1.3 Integrated Public Number Database
- You acknowledge that STW is obliged by law to supply specified Customer Information with respect to any person who is allocated a Number under clause 1.1 for the purposes of the Integrated Public Number Database. The information held in this database may only be provided for an approved purpose to approved organisations such as directory information organisations or for the assistance of emergency service or law enforcement organisations. If you require that your Customer Information that appears on that database be altered, you must request such alteration in writing.
- 1.4 Acknowledgements
- You acknowledge that you will use the Service for the purpose of making voice calls. STW does not guarantee the service for the transmission of data (such as internet dial up connections or Eftpos) and fax. You also acknowledge that you may not be able to use the service if electricity or an active online Internet or access service is not supplied to the equipment used and is unable to subsequently connect to the service.
- 1.5 Access to Emergency Services and Priority Services
- Without limiting the Service Description, you acknowledge that the Service relies on a supply of electricity and a current and active Internet or access service that is able to connect to our Network. The service may not enable you to connect to Emergency Services if the supply of electricity fails, there is a fault with your Internet or access service that connects you to our service or your Internet or access service is not active. Therefore a secondary phone service (e.g Mobile Phone) should be available should you need to call Emergency Services. STW is under no liability if you are unable to access Emergency services from the service at any time. You are required to ensure that our records as to the location of the service are up-to-date as calls to emergency services rely on this information. You may need to give your Information to the Operator (including Full Address and Telephone Number details) each time you make a call to emergency services.
- 1.6 The service will not permit carriage of calls to Data Services (0198), Calling Card Services (189) and VPN Services (188). You acknowledge that STW may use the services of another carrier for supplying the services.
- 1.7 STW may from time to time provide to you an updated Rate Card for the service, which will take effect 14 days after the date STW issues the updated Rate Card.
- 1.8 Hosted PBX Services
- You acknowledge that:
- All Extensions attached to a Hosted PBX service must be either set as a Extension or Extension Plus Plan (including Extension Plus Phone) extension.
- Any IP Phone Handset (or other agreed device) which is supplied in conjunction with a Extension Plus Phone extension remains the property of STW and must be returned to STW when the Extension or Hosted PBX service is discontinued.
- Extension Plus or Extension Plus Phone plans must not be used for Call Centres or in Call Centre applications. Should more than 2000 minutes per month of calls be made to the included destinations, STW reserves the right to limit or suspend the extension until the preceding calendar month.