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SkyMesh Phone Terms and Conditions

Conditions of Service – SkyMesh Phone

THE PHONE SERVICE

1.1 Applicable terms and conditions

Provision of the Phone Service is subject to these Conditions of Service. These Conditions of Service form part of a larger agreement consisting of the terms and conditions in these Conditions of Service and the terms and conditions contained in:

A: your Application;
B: any other applicable Conditions of Service;
C: the General Terms;
D: our Acceptable Use Policy; and
E: our Schedule of Fees.

1.2 Service options

The Phone Service comprises of the following types of Service:

A: Home Phone Service;
B: the Business Phone Service;
C: Two Way VoIP Service; and
D: One Way VoIP (outbound calls only) Service.

INTERPRETATION AND DEFINITIONS

2.1 Interpretation

A: Subject to Clause 2.1(b) of these Conditions of Service the rules of interpretation used in the General Terms apply to these Conditions of Service.
B: Unless otherwise stated, a reference in these Conditions of Service to a clause is a reference to a clause of these Conditions of Service.

2.2 Definitions

Any capitalised terms used in these Conditions of Service are as defined in this Clause 2.2, or, where not defined in this Clause 2.2, as defined in any of the documents listed in Clause 1.1.

In these Conditions of Service:

ACMA means the Australian Communications and Media Authority (www.acma.gov.au).

Bundling Discounts means any applicable price discounts or data allowances that result from obtaining an Internet Service and Home Phone service from us.

Business Phone Optional Features means the service features referred to in Clause 4.4(a).

Business Phone Standard Features means the service features referred to in Clause 4.4(b).

CLI means calling line identification as referred to in section 355 of the Telecommunications Act 1997.

Customer Service Guarantee means the Telecommunications (Customer Service Guarantee) Standard 2000 (No.2).

Customer Service Guarantee Waiver means an agreement that acknowledges that you waive the protections and rights provided under the Customer Service Guarantee for the Service/s to which the waiver relates.

Existing Phone Number means the fixed line phone number that was allocated to you by another telephone service provider and remained allocated to you immediately prior to the activation of your Phone Service.

Home Phone Optional Features means the service features referred to in Clause 3.6(b).

Home Phone Standard Features means the service features referred to in Clause 3.6(a).

IPND means the Integrated Public Number Database as referred to in Part 4 of Schedule 2 of the Telecommunications Act 1997.

Local Call means an eligible local call as defined in the Telecommunications (Consumer Protection And Service Standards) Act 1999.

Network Prioritisation means that the provision of services will occur across our network in a prioritised order, such order to be determined by us in our sole discretion.

Phone Line means a line or series of lines over which the Home Phone Service is delivered and which is located between the service provider side of the boundary of a telecommunications network and the local exchange.

Pre-existing Service Features means any additional service features that were provided by your previous telephone service provider immediately prior to your telephone service being transferred to us.

Preselect means to specify a particular default carriage service provider to provide the long distance call component of a telephone service including national (STD) calls, calls to mobiles and international calls.

Previous Supplier means the last telephone service provider before us that supplied you with a voice telephone service using the Phone Line that is used to supply your Home Phone Service.

Priority Assistance means an enhanced service for residential customers who have (or have an individual at their residence who has) a diagnosed life threatening medical condition.

PSTN means public switched telephone network, being a telecommunications network which enables a customer to establish a connection for voice frequency communication with another customer.

Standard Telephone Service has the same meaning as in the Telecommunications (Consumer Protection And Service Standards) Act 1999.

Telecommunications Numbering Plan means the numbering plan referred to in section 454 of the Telecommunications Act 1997 as amended or replaced.

Telstra means Telstra Corporation Limited ACN 051 775 556.

Wireless Connection means an unguided path for electromagnetic energy which is used in place of all or part of a Phone Line.

THE HOME PHONE SERVICE

3.1 Characteristics of the Home Phone Service

A: The Home Phone Service is a Standard Telephone Service which is provided using a Wireless Connection and/or the low frequency of a Phone Line.
B: The Home Phone Service provides you with the ability to make and receive the following types of calls:

i. untimed Local Calls;
ii. calls to 13 or 1300 numbers;
iii.  national (STD) calls;
iv. fixed to mobile calls,
v. subject to Clause 3.2, international calls;
vi. calls to 1800 services;
vii. 000 calls;
viii. calls to directory assistance services (for example, calls to 1234, 12451 and 12455 numbers); and
ix. any other types of calls listed in our Schedule of Fees.

C: The Home Phone Service does not include the provision of any cabling or equipment located on the customer side of the telecommunications network. If such cabling or equipment is required to supply the Home Phone Service you are responsible for any charges or fees associated with this.

D: Subject to Clause 3.8 of the General Terms, we can change the technical specifications of the Service at any time if reasonably required for technical, operational or commercial reasons.

3.2 International calls

International calls are not barred by default. A bar can be put in place on request.

3.3 Calls to 190 premium services

Calls to 190 premium services are not available.

3.4 Directory Listing

Unless you request a silent number in your Application, your telephone number will be eligible for inclusion in the White Pages telephone directory. You acknowledge and agree that we have no responsibility for the White Pages telephone directory and we accept no liability for any inaccuracies in, or omissions from, or inclusions in, the White Pages telephone directory.

3.5 Silent numbers

We are under no obligation to provide a silent number unless you specifically request this in your Application, and where a silent number is provided you acknowledge and agree that:

A: the provision of a silent number will incur Fees as specified in our Schedule of Fees;
B: your silent number and your personal details will be included in the IPND;
C: your silent number will be disclosed to emergency services arising from a call made from your Home Phone Service to certain emergency numbers including 000;
D: your silent number will be disclosed on calls made to a dial up Internet Service Provider which uses a Telstra ISDN service or an 0198 dial in number;
E: your silent number will be disclosed when you make a call to another carrier or carriage service provider;
F: your silent number will be disclosed where you use your Home Phone Service to send or reply to a text message; and
G: your silent number will be disclosed when you use another carriage service provider’s network by using a network override code.

3.6 Additional Services

A: The Home Phone Service includes the following Home Phone Standard Features as described on our Website:

i. call waiting
ii. call forwarding;
iii. call back;
iv. call return;
v. 3-way chat; and
vi. any other Home Phone Standard Features referred to on our Website or in our Schedule of Fees.

B: The Home Phone Service includes the following Home Phone Optional Features as described on our Website:

i. voicemail;
ii. calling number display;
iii. dual phone and fax line;
iv. silent number; and
v. any other Home Phone Optional Features referred to on our Website or in our Schedule of Fees as being applicable to the Home Phone Service.

C: The applicable charges for the Home Phone Standard Features and Home Phone Optional Features are set out in our Schedule of Fees.
D: We reserve the right to withdraw or vary any Home Phone Standard Features or Home Phone Optional Features.
E: Subject to Clause 3.6(f) we will not provide any Home Phone Optional Features unless you request us to do so.
F: You acknowledge and agree that:

i. we may not be able to Provide all or any Pre-existing Service Features; and
ii. in the event that some or all of your Pre-existing Service Features are transferred to us by your previous service provider, we may at our sole discretion:

A: continue to supply you with the Pre-existing Service Features under the same terms and conditions that applied to the Pre-existing Service Features prior to their transfer to us;
B: continue to supply you with the Pre-existing Service Features under different terms and conditions (including terms and conditions relating to price) than those that applied to the Pre-existing Service Features prior to their transfer to us; or
C: provide you with a Home Phone Optional Feature which we determine is a reasonable substitute for the Pre-existing Service Feature.

3.7 Necessary Requirements for the Home Phone Service

You acknowledge and agree that:

A: the Home Phone Service is not available in every location and we may not be able to provide you with a Home Phone Service in certain circumstances.
B: In order to acquire the Home Phone Service from us you must also acquire a Broadband Internet Service from us.
C: If you chose to Preselect any of the components of the Home Phone Service to another provider you will no longer be eligible for any Bundling Discounts.

 3.8 Connecting the Home Phone Service where there is no current active service:

A: After we accept your Application and we receive all required documentation and authorisations, we will endeavour to connect the Home Phone Service within a reasonable time.
B: Applicable timeframes for connecting the Home Phone Service are set out in the Customer Service Guarantee.
C: You will be charged a connection fee as set out in our Schedule of Fees. The particular Fee charged will depend on the type of connection you require.

3.9 Transferring an existing service to us

A: You acknowledge and agree there may be a delay between the date that you request us to supply the Phone Service and when our third party suppliers have completed all steps necessary to enable you to acquire the Phone Service from us. To the extent permitted by law, we will not be liable for any delay by, or any act or omission of, any third party supplier in respect of the transfer of your service to us.
B: You are responsible to your previous supplier for, and indemnify us against, all charges billed by your previous supplier in relation to your access or use of any services provided using the Phone Line.

3.10 Relocation

You acknowledge and agree that where we agree to provide you with the Home Phone Service, we agree to do so at the location specified in your Application. In the event that you require your Home Phone Service to be relocated to another location, relocation charges as specified in our Schedule of Fees will be applicable.

3.11 Alarm equipment and monitored services

If you wish to use the Home Phone Service in conjunction with alarm equipment or a monitored service, it is your responsibility to check that the alarm equipment or monitored service is working following the installation or transfer of the Home Phone Service. To the extent permitted by law, we will not be responsible for any loss that you may suffer as a result of any alarm equipment or monitored service failing to work for any reason following the installation or transfer of the Home Phone Service.

3.12 Priority Assistance

You acknowledge and agree that we are unable to offer Priority Assistance as part of the Home Phone Service or any other telephone service offered by us.

4: THE BUSINESS PHONE SERVICE

4.1 Characteristics of the Business Phone Service

A: The Business Phone Service is a Standard Telephone Service provided for business purposes which is provided using a Wireless Connection and/or the low frequency of a Phone Line.
B: The Business Phone Service provides you with the ability to make and receive the following types of calls:

i. untimed Local Calls;
ii. calls to 13 or 1300 numbers;
iii. national (STD) calls;
iv. fixed to mobile calls,
v. subject to Clause 4.2 international calls;
vi. calls to 1800 services;
vii. 000 calls;
viii. calls to directory assistance services (for example, calls to 1234, 12451 and 12455 numbers); and
ix. any other types of calls listed in our Schedule of Fees.

C: The Business Phone Service does not include the provision of any cabling or equipment located on the customer side of the telecommunications network. If such cabling or equipment is required to supply the Business Phone Service you are responsible for any charges or fees associated with this.
D: Subject to Clause 3.8 of the General Terms, we can change the technical specifications of the Service at any time if reasonably required for technical, operational or commercial reasons.

4.2 International calls
International calls are not barred by default. A bar can be put in place on request.

4.3 Calls to 190 premium services
Calls to 190 premium services are not available.

4.4 Additional Services

A: The Business Phone Service includes the following Business Phone Standard Features as described on our Website:

i. call waiting;
ii. call forwarding;
iii. call back;
iv. call return;
v. 3-way chat; and
vi. any other Business Phone Standard Features referred to on our Website or in our Schedule of Fees.

B: The Business Phone Service includes the following Business Phone Optional Features as described on our Website:

i.  voicemail;
ii. calling number display;
iii. dual phone and fax line;
iv. silent number; and
v. any other Business Phone Optional Features referred to on our Website or in our Schedule of Fees as being applicable to the Business Phone Service.

C: The applicable charges for the Business Phone Standard Features and Business Phone Optional Features are set out in our Schedule of Fees.
D: We reserve the right to withdraw or vary any Business Phone Standard Features or Business Phone Optional Features.
E: Subject to Clause 4.4(f) we will not provide any Business Phone Optional Features unless you request us to do so.
F: You acknowledge and agree that:

i. we may not be able to Provide all or any Pre-existing Service Features; and
ii. in the event that some or all of your Pre-existing Service Features are transferred to us by your previous service provider, we may at our sole discretion:

A: continue to supply you with the Pre-existing Service Features under the same terms and conditions that applied to the Pre-existing Service Features prior to their transfer to us;
B: continue to supply you with the Pre-existing Service Features under different terms and conditions (including terms and conditions relating to price) than those that applied to the Pre-existing Service Features prior to their transfer to us; or
C: provide you with a Business Phone Optional Feature which we determine is a reasonable substitute for the Pre-existing Service Feature.

4.5 Necessary Requirements for the Business Phone Service

You acknowledge and agree that:

A: the Business Phone Service is not available in every location and we may not be able to provide you with a Business Phone Service in certain circumstances.
B:In order to acquire the Business Phone Service from us you must also acquire a Broadband Internet Service from us.
C: If you chose to Preselect any of the components of the Business Phone Service to another provider you will no longer be eligible for any Bundling Discounts.

4.6 Connecting the Business Phone Service where there is no current active service

A: After we accept your Application and we receive all required documentation and authorisations, we will endeavour to connect the Business Phone Service within a reasonable time.
B: Applicable timeframes for connecting the Business Phone Service are set out in the Customer Service Guarantee.
C: You will be charged a connection fee as set out in our Schedule of Fees. The particular Fee charged will depend on the type of connection you require.

4.7 Transferring an existing service to us

A: You acknowledge and agree there may be a delay between the date that you request us to supply the Phone Service and when our third party suppliers have completed all steps necessary to enable you to acquire the Phone Service from us. To the extent permitted by law, we will not be liable for any delay by, or any act or omission of, any third party supplier in respect of the transfer of your service to us.
B: You are responsible to your previous supplier for, and indemnify us against, all charges billed by your previous supplier in relation to your access or use of any services provided using the Phone Line.

4.8 Relocation
You acknowledge and agree that where we agree to provide you with the Business Phone Service, we agree to do so at the location specified in your Application. In the event that you require your Business Phone Service to be relocated to another location, relocation charges as specified in our Schedule of Fees will be applicable.

4.9 Alarm equipment and monitored services
If you wish to use the Business Phone Service in conjunction with alarm equipment or a monitored service, it is your responsibility to check that the alarm equipment or monitored service is working following the installation or transfer of the Business Phone Service. To the extent permitted by law, we will not be responsible for any loss that you may suffer as a result of any alarm equipment or monitored service failing to work for any reason following the installation or transfer of the Business Phone Service.

THE TWO WAY VOIP SERVICE
5.1 Characteristics of the Two Way VoIP Service

A: The Two Way VoIP Service is a service for voice telephony which utilises Internet Protocol to carry the voice communication. The Two Way VoIP Service is only available to be used in conjunction with certain Broadband Internet Services provided by us.
B: The Two Way VoIP Service provides you with the ability to make and receive the following types of calls:

i. untimed Local Calls;
ii. calls to 13 or 1300 numbers;
iii. national (STD) calls;
iv. fixed to mobile calls,
v. international calls;
vi. calls to 1800 services;
vii. calls to directory assistance services; and
viii. any other types of calls listed in our Schedule of Fees as being applicable to the Two Way VoIP Service.

5.2 Calls to 190 premium services
Calls to 190 premium services are not available.

5.3 Equipment
We will provide you with a VoIP adaptor at the price:

A: set out in your Application; or
B: if no price is specified in your Application then at the price specified in our Schedule of Fees for the particular make and model of adaptor we provide to you; or
C: if no price is specified in our Schedule of Fees for the particular model of adaptor we provide to you then at the price specified on our Website for the particular make and model of adaptor we provide to you.

5.4 Two Way VoIP Service limitations

You acknowledge that:

A: The Two Way VoIP Service may rely upon the operation of third party networks operated by third party carriers and third party services provided by other carriage service providers and we are unable to guarantee the operation of or the use of the Two Way VoIP Service through third party supplier networks or other third party carriers and carriage service providers. Any failure of the Two Way VoIP Service caused by a third party network or third party service is beyond our control, and we will not be responsible, or liable to you, for any such failures.

B: We do not warrant, and have not represented, that the Two Way VoIP Service is or will be free of errors, defects or interruptions, nor that it will be available at all times. You acknowledge that there will be variations in clarity and capacity of service.

C: Call quality may be affected by internet congestion, sharing of a broadband connection, and shaping or any other limits imposed by us.

D: Unless you block your CLI, then that CLI data will be transmitted by the Two Way VoIP Service within Australia.

E: The Two Way VoIP Service is not available for the transmission of data or video but is for voice calls only.

F: The Two Way VoIP Service is not designed to replace your PSTN service. This means that the key functionality and limitations as described in these Conditions of Service are different from those associated with a PSTN service. Due to this we do not recommend that you disconnect your PSTN service.

G: You do not expect the Two Way VoIP Service to function as a PSTN Standard Telephone Service;

H: The Two Way VoIP Service is only available to you in conjunction with the Broadband Internet Service which supports a VoIP Service. If for any reason your underlying Internet Service is suspended, terminated or is otherwise unavailable, the Two Way VoIP Service will also be suspended, terminated or otherwise unavailable. In such circumstances, you will remain liable for any charges applicable to your Service.

I: We are not responsible for any failure in your equipment to revert from VoIP services to your PSTN service (or vice versa) and as such are not liable for any excess call charges that may result from such failure. In the event of your Two Way VoIP Service reverting to your PSTN service we are not responsible for any charges incurred on your PSTN service.

J: We may:

i. limit the performance of the Two Way VoIP Service from time to time to affect Network Prioritisation; and
ii. cease or interrupt the service to troubleshoot or conduct maintenance or upgrade the network or infrastructure through which the Two Way VoIP Service is provided.

K: In the case of lower speed Broadband Internet Services plans offered by us, service quality may be affected if the Two Way VoIP Service is used simultaneously with accessing the Internet via the underlying Broadband Internet Service.

L: The Two Way VoIP service does not allow you to Preselect another service provider (including via the use of an override code).

5.5 Emergency calls

You acknowledge that the Two Way VoIP Service


A: is not recommended to be used as a replacement for a PSTN telephone service;
B: may not accurately transmit data from which emergency services could ascertain your location so it should not be used to make ‘000’ or other emergency telephone calls; and
C: will not operate during a power or network outage.

5.6 Customer Service Guarantee Waiver

Please read the following paragraphs carefully. They contain information affecting your rights.

A; The Customer Service Guarantee sets out performance standards that a customer can expect in relation to the provision of a Standard Telephone Service and a right to compensation if those performance standards are not met. The Customer Service Guarantee can be found on the ACMA website www.acma.gov.au.

B: Part 5 of the Customer Service Guarantee allows us to propose that you waive the rights provided under the Customer Service Guarantee in return for a significant service benefit. We have priced the Two Way VoIP Service so as to provide you with a significant service benefit, and it is a requirement of receiving the Two Way VoIP Service that you waive your rights under the Customer Service Guarantee.

C: The rights you are waiving are:

i.  the provision of written information, at least every two years about:

a. the performance standards that apply to supply of the service;
b. our obligations under those standards;
c. your entitlement to damages for contravention of the performance standards by us; and
d. on request, the provision of information about a performance standard;

ii. guaranteed prescribed maximum time periods within which connection of the service should occur;
iii. guaranteed prescribed maximum time periods within which fault rectification should occur;
iv. a requirement for us to make appointments with you that are either for a particular time of the day or nominate a five hour period during which the appointment will occur, and, if a change of appointment is required, by giving you at least 24 hours notice; and
v. the right to receive damages from us if we fail to meet the performance standards.

D. The Customer Service Guarantee Waiver will take effect from the date that it is provided to us. If you do not provide us with a Customer Service Guarantee Waiver in the form proposed by us, we reserve the right not to provide the Two Way VoIP Service to you.
E: By agreeing to waive your protection and rights afforded by the Customer Service Guarantee you will not be able to claim damages from us for any failure by us to meet the prescribed performance standards.

ONE WAY VOIP (OUTBOUND CALLS ONLY) SERVICE
Subject to the following qualifications, the One Way VoIP (outbound calls only) Service is subject to the same terms and conditions as the Two Way VoIP Service:

6.1 the One Way VoIP Service only allows outbound calls to be made, it does not allow incoming calls to be made to the Service; and
6.2 as the Customer Service Guarantee is inapplicable to the One Way VoIP Service, no Customer Service Guarantee waiver is required.

FEES AND INVOICING

7.1 Fees
The Fees for the Phone Service are set out in our Schedule of Fees. The applicable Fees for your service are determined by the particular service plan applicable to the Service as identified in your Application. You must pay all applicable Fees in accordance with the General Terms.

7.2 Variation of Fees Subject to Clause 3.8 of the General Terms, we may vary Fees for the Phone Service from time to time.

7.3 Invoices and payment

A: We will invoice you for the Phone Service in accordance with the General Terms. You must pay such invoices in accordance with the General Terms.
B: We will send invoices to your nominated email address. Your ability to receive or view invoices may be affected by circumstances beyond our control, for example, if you have not installed appropriate software to open and view your bills.
C: Our invoice will provide details of the number of each type of call made, full itemised call records can be obtained via your designated customer access portal.

FAULTS

8.1 No guarantee of fault free Service
We do not guarantee the Phone Service to be free of faults or errors.

8.2 Fault reporting If you become aware of any fault in the Phone Service you should report the fault to us by calling 1300 759 637 or such other number as we may designate for you to call to report a fault.

8.3 Fault repair

A: We will endeavour to repair any faults with the Phone Service as soon as reasonably practicable and, where applicable, in accordance with our obligations under the Customer Service Guarantee.
B: If we investigate a fault and determine that the fault is attributable to a fault in your equipment, we may charge you for any costs we incurred in investigating and repairing the fault, including any costs incurred by requiring a technician to visit your premises.

PHONE NUMBERS

9.1 Assignment of Phone Numbers

A: Subject to Clause 9.1(c) , we will allocate a phone number to you for use with your Phone Service.
B: All Phone Numbers that we allocate in connection with the Phone Service are selected, issued and used in accordance with the requirements of the Telecommunications Numbering Plan.
C; If you request us to transfer your Existing Phone Number rather than allocate a phone number to you, we will consider your request. We are only able to transfer your existing number where it is legally and technically possible, and commercially feasible, for us to do so. In considering a request to transfer your Existing Phone Number, we will have regard to our obligations under the Telecommunications Numbering Plan and any applicable industry codes.
D: In the event that we transfer your Existing Phone Number to be used with your Phone Service, you acknowledge and agree that:

i. your Previous Supplier may charge you for transferring your Existing Phone Number and there may be other costs and obligations such as early termination fees payable to your Previous Supplier, you indemnify us against all such fees and charges; and
ii. during the process of transferring your Existing Phone Number there may be a brief period when the Service is interrupted.

E: You acknowledge and agree that you do not have any proprietary interest in any phone number that may be used by you in connection with the Phone Service and your use of that phone number is subject to regulation which may require us to vary, withdraw, suspend or reassign that phone number.

AUTHORITY TO ACT ON YOUR BEHALF
In order to for us to provide the Phone Service to you, it may be necessary for us to deal with a third party in order to achieve one or more of the following:

A: to require Preselection to be changed to or from us;
B: to terminate supply arrangements;
C: to request access to any of your account information held by your Previous Supplier and/or by Telstra; and
D: to deal with a third party in respect of, any faults, provisioning and service change requests or maintenance issues concerning your Phone Line or Wireless Connection or telecommunications services provided over your Phone Line or Wireless Connection.

You provide us with authority to act on your behalf where such authority is required for us to act pursuant to Clause 10(a), and you indemnify us against any Claim made by any person arising from or in connection with us acting pursuant to Clause 10(a).

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