VoIP Terms and Conditions

1.0 Service

Expand all Collapse all

• 1.1 Term

  Amnet services are offered on a pre-paid basis for Amnet Broadband customers. The prepaid services require the monthly fees, if applicable, and call charge credit to be paid in advance every month and begins on the date that Amnet activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew monthly without further action by you unless you give Amnet written notice of non-renewal at least (10) Business Days before the end of the monthly term in which the notice is given.

  You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate the Service prior to the end of a monthly term other than the Money Back Guarantee period, you 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 or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.

  If you terminate during the Money Back Guarantee period and provided you return in sound and undamaged condition any devices purchased by you then you will be refunded all costs other than call charges.

  Any telephone number provided by Amnet in conjunction with the service is part of the service and will be relinquished if you cancel the service.

• 1.2 Lawful Use of Service and Device

  You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in Amnet's sole judgment the transmission, receipt or possession of such communication or material

  (i) would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or

  (ii) 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. Amnet reserves the right to terminate your service immediately and without advance notice if Amnet, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable and may at Amnet's discretion be immediately charged to your credit card.

• 1.3 Loss of Service Due to Power Failure or Internet Service Outage or Termination or Suspension or Termination by Amnet

  You acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet, in the event of an outage of, or termination of Broaband Internet service, the Service will not function, but that you will continue to be billed for the Service unless and until you or Amnet terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or Internet Broadband outage, the Service will not function until power is restored or the Internet outage is resolved. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilising the Service. Power disruptions or failures or Internet outages will also prevent dialling to emergency service numbers including the emergency 000 calling feature. Should Amnet suspend or terminate your Service, the Service will not function until such time as Amnet 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).

• 1.4 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software

  The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on Amnet website are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Amnet and shall remain the exclusive property of Amnet and nothing in this Agreement shall grant you the right or license to use any of such marks. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.

• 1.5 Tampering with the Device or Service

  You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from Amnet in each instance which Amnet may deny in its sole discretion. Amnet reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You agree not to 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.

• 1.6 Theft of Service

  You agree to notify Amnet immediately, in writing or by calling the Amnet customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as Amnet receives notice of the theft or fraudulent use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.

2.0 Emergency Services - 000 Dialing

Expand all Collapse all

• 2.1 Power Failure or Disruption

  You acknowledge and understand that 000 dialling does not function in the event of a power failure or disruption. Should there be an interruption in the power supply, the Service and 000 dialling will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilising the Service or 000 dialling.

• 2.2 Broadband Service / Internet Outage or Termination / Suspension by Amnet

  You acknowledge and understand that service outages or suspension or termination of your Broadband service will prevent utilising the Service including 000 dialling.

• 2.3 Service Outage Due to Suspension of Your Account

  You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent utilising the Service including 000 dialling.

• 2.4 Other Service Outages

  You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent utilising the Service including 000 dialling. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.

• 2.5 Limitation of Liability and Indemnification

  You acknowledge and understand that Amnet's liability is limited for any Service outage and/or inability to dial 000 from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless Amnet's, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service relating to the absence, failure or outage of the Service, including 000 dialling and/or inability of Customer or any third person or party or user of Customer's Service to be able to dial 000 or to access emergency service personnel.

3.0 Changes To This Agreement

Expand all Collapse all

• Changes To This Agreement

  Amnet may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on to the Amnet website. Such changes will become binding on Customer, on the date posted to the Amnet website and no further notice by Amnet is required. 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 Retail Customers in connection with retail distribution, including without limitation any written terms enclosed within the packaging of the Device.

4.0 Charges/Payments/Default/Taxes/Termination

Expand all Collapse all

• 4.1 Billing

  You must give us a valid credit card number (Visa, MasterCard, or any other issuer then accepted by Amnet) when the Service is activated. Amnet reserves the right to stop accepting credit cards from one or more issuers. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Amnet at once. We will bill all charges, applicable taxes and surcharges monthly in advance. Any usage charges will be billed in increments that are rounded up to the nearest minute.

• 4.2 Payment

  Amnet accepts payments only by credit card as set forth in Section 4.1. Your initial use of the Service authorises Amnet to charge the credit card account number including any changed information given Amnet if the card expires or is replaced, or if you substitute a different card, for Amnet charges as set forth in Section 4.1. This authorisation will remain valid until 30 days after Amnet receives your written notice terminating Amnet's authority to charge your credit card, whereupon Amnet will charge you the disconnect fee and any other outstanding charges and terminate the Service. Amnet may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with Amnet is declined or reversed, your credit card expires and you have not provided Amnet with a valid replacement credit card or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves you fully liable to Amnet for all charges before termination.

• 4.3 Termination/Discontinuance of Service

  Amnet reserves the right to discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. You 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.

• 4.4 Re-activation

  Amnet reserves the right to suspend the Service if you fail to make monthly advance payment due to card expiry or any other reasons. The Service may be re-activated with a payment of activation fee plus the normal monthly fee if the period of suspension is less than 14 days.

5 Warranty & Liability Limitations/Indemnification

Expand all Collapse all

• 5.1 Limitation of Liability

  Amnet shall not be liable for any delay or failure to provide the Service, including 000 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:

  • act or omission of an underlying carrier, service provider, vendor or other third party;
  • equipment, network or facility failure;
  • equipment, network or facility upgrade or modification;
  • force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
  • equipment, network or facility shortage;
  • equipment or facility relocation;
  • service, equipment, network or facility failure caused by the loss of power to Customer;
  • outage of Broadband Internet service;
  • act or omission of Customer or any person using the Service or Device provided to Customer; or
  • any other cause that is beyond Amnet'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 000 dialing) to be connected or completed or degradation of voice quality.

• 5.2 Disclaimer of Damages

  In no event shall Amnet, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to customer in connection with this agreement or the service be liable for any direct, incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including but not limited to loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the service, including inability to be able to dial 000 or to access emergency service personnel through the service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, product liability, tort and any and all other theories of liability and apply whether or not Amnet was informed of the likelihood of any particular type of damages.

• 5.3 No Warranties on Service

  Amnet makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance or any warranty that the service will meet customer's requirements. Without limiting the foregoing, Amnet does not warrant that the service will be without failure, delay, interruption, error, degradation of voice quality or loss of content, data or information. Neither Amnet nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to customer in connection with this agreement or the service will be liable for unauthorized access to Amnet’s or customer's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, customer's data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of Amnet or its service provider's or vendors' negligence. Statements and descriptions concerning the service or device, if any, by Amnet or Amnet’s agents or installers are informational and are not given as a warranty of any kind.

• 5.4 No Third Party Beneficiaries

  No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

• 5.5 Content

  You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Amnet reserves the right to terminate or suspend affected Services, and/or remove your or Users' content from the Services, if Amnet determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with Amnet's ability to provide Services to you or others or receives notice from anyone that your or Users' use or Content may violate any laws or regulations. Amnet's actions or inaction under this Section shall not constitute review or approval of your or Users' use or Content. You will indemnify and hold Amnet against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.

6.0 Governing Law

Expand all Collapse all

• The Agreement

  The Agreement and the relationship between you and Amnet shall be governed by the laws of the State of Western Australia. The failure of Amnet to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

7.0 Entire Agreement

Expand all Collapse all

• 7.1 Entire Agreement

  This Agreement and the rates for Services found on Amnet's website constitute the entire agreement between you and Amnet and govern your use of the Service, superseding any prior agreements between you and Amnet and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Amnet unless and until posted in accordance with Section 3 hereof.

• 7.2 Severability

  If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

8.0 Privacy

Expand all Collapse all

• Privacy

  Amnet Service utilises, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Amnet is not liable for any lack of privacy which may be experienced with regard to the Service.