Voice Over Internet Phone Services

Tel.Pacific Pty Limited (ABN 99 073 079 268)

This is a legal document. If you have any queries about your duties and liabilities in relation to this agreement, you should consult your lawyer.

This agreement applies to Broadband Phone Services provided by Tel.Pacific. Here "Services" shall include "goods" as defined in the Interpretations below.

This application is subject to acceptance by Tel.Pacific in accordance with your Credit Assessment Report. Tel.Pacific will confirm or reject acceptance of your application in writing. Acceptance of the terms and Conditions in this Agreement will occur when you activate services provided by Tel.Pacific.

This agreement does not include Preselect, Override or Prepaid phone card telephone services issued by Tel.Pacific.

A set of separate terms and conditions can be found on the Tel.Pacific website.

• "Administrative fee" means additional charges for late payment or payments other than direct debit from personal or corporate credit card(s).
• "Agreement" means this entire agreement between Tel.Pacific and the Customer, which supersedes all prior representations, agreements, statements and understandings, whether verbal, or in writing.
• "Credit Assessment Report" means: A report about your personal and /or commercial credit. In order to make a fair assessment, you authorise Tel.Pacific to obtain your personal and/or commercial credit information (For example: your existing household loans and personal credit card history or your existing credit record as a sole trader) from a credit reporting agency for the purpose of considering an application by you for personal and /or commercial credit.
• "Customer" means all persons, companies or other entities identified on the application for Tel.Pacific Services;
• "Due date" means every 15th day of the month or the 15th day from the date of our bill;
• "Tel.Pacific " means Tel.Pacific Pty Limited ACN 073 079 268 and ABN 99 073 079 268 and its employees, officers and agents;
• "We, us, our" collectively mean Tel.Pacific.
• "Services” means local, intercapital, mobile, domestic, and international long distance services. It is not possible to use our services to make all types of telephone calls.
• "Supplier" means facilities and services of our own or those of other carriers, telecommunications service providers or equipment distributors and/or suppliers.
• "Variations" means: we may, without reference to you change Suppliers, or upon 30 days written notice to you to adjust our charges and vary the Services or otherwise.
• "Late payment" means payment of any bills issued by Tel.Pacific to the Customer between the next 3 calendar days after the due date (that is: the 15th day of the month or the 15th day from the date of our invoice);

1. Privacy Act 1998 – From time to time Tel.Pacific and/or their agents may collect personal information about you. Telecommunications and privacy legislation impose strict obligations on us to protect the confidentiality of your personal information and to respect your privacy. You are able to gain access to your personal information that we hold by calling 1300 369 888. Your personal information is collected in order to provide you with a telecommunications service. You may view our Privacy Statement on www.telpacific.com.au
2. Disclosure - For the purpose of processing your application and ongoing credit management of your account, Tel.Pacific may need to disclose to a credit-reporting agency;
   
   • all your personal or business identifying details;
   • all your personal and business credit history and limits.
3. Your authorisation - You authorise Tel.Pacific to carry out all necessary credit check about you through a credit reporting for the purpose of providing our services to you under the law.
4. Your indemnity to Tel.Pacific - The Customer is to indemnify Tel.Pacific for all legal and other expenses arising from any invalid credit cards, cheques or any other forms of payments used by the Customer to pay for Tel.Pacific charges.
5. Suspension or Termination Cancellation of Services - We may suspend or terminate the service in accordance with the Credit Assessment Report about you. You are entitled to see, and to correct, your own credit information retained by us upon paying us a $50 processing fee.

You acknowledge that although we will take all reasonable steps to make sure you receive the service, the service is not free of faults and interruptions. They depend on factors outside the control of Tel.Pacific, including but not limited to maintenance, geographic and network factors. Tel.Pacific cannot accept any liability or financial loss howsoever caused to the Customer or any third party (minors or adults) associated directly or indirectly with the Customer.

1. All prices quoted and/or charges billed by us are inclusive of GST. You must pay any GST applicable to goods and services provided to you by us.
2. Fees and charges applicable to your service will commence from the date of activation of your account with Tel.Pacific. You are responsible for all the service charges regardless whether those calls were made by anyone of any ages and/or of any health conditions with or without your authorisation.
3. We will bill you monthly for the Services in accordance with the current charges as notified to you from time to time. You will be billed by reference to the rates as published on our rate card or on our website (www.telpacific.com.au) and by reference to any Tel.Pacific special rates or discounts that may apply from time to time. You may call 1300 369 888 for information on current rates or go to www.telpacific.com.au.
4. We will invoice you in advance for periodic charges, connection and service fees (where applicable) and in arrears for our charges. We reserve the right to bill at different intervals upon giving you notice.
5. We will issue our bill to you by the last day of the calendar month. Such invoices will be emailed to you on the 1st of every calendar month. All fees and charges will be will be billed to your nominated credit card/direct debit facility. If you cancel your credit card/direct debit authority, or if you fail to pay your invoices by the invoice due date, you must pay additional fees. Additional fees for hardcopy or archive invoices apply.
6. An initial credit limit of $50 applies to all VOIP services. If you exceed your credit limit, we may suspend your service until such time as your usage is paid. Such credit limit may be reviewed individually at the discretion of Tel.Pacific.
7. We reserve the right to suspend our services to you and charge interest on any overdue payment at a daily rate pursuant to Section 39A of the Local Courts (Civil Claims) Act (NSW) and an administrative fee of $5 per overdue payment. In addition, the Customer undertakes to reimburse Tel.Pacific for all the legal and other costs incurred in relation to late payment.
8. We reserve the right to suspend our services to you, where charges owing to us or any amount owing remain outstanding after 30 days, unless we have received written notice from you of a bona fide dispute of those charges.
9. If we terminate your account and you have monies left with Tel.Pacific, we will notify you of these amounts. If you do not claim those monies within 3 months from the date of our note to you, we will retain the money. You agree and accept that you will have no further claim in relation to these monies.
10. We reserve the right to terminate the Agreement without notice to you if you settle our bill with a dishonoured cheque without a valid explanation.
11. We may from time to time require you to lodge a security bond as a condition of providing Services to you. You authorise Tel.Pacific to deduct from that bond any amounts remaining owing to us after 14 days from the date of our bill. After 6 months of on time payment of our bills, we may either refund the bond or credit your account.
12. Tel.Pacific will bill you for all services supplied to you in accordance with the service you acquire. Tel.Pacific will bill your calling rates at 1 minute increments.

1. Subject to the Trade Practices Act and other relevant laws, we are not liable for any costs, loss, liability or damage, whether direct or consequential arising out of our supply or failure to supply the goods and /or services.
2. Without limiting the application of Tel.Pacific's ultimate liability to the Customer in relation to provisions of Services under this Agreement shall be limited to the one-month charges.

1. It is Your responsibility to acquire and maintain an active Broadband service on which to run your iTalk VoIP service.
2. It is Your responsibility to provide 1 Analogue Telephone and a VoIP compatible ADSL ROUTER/SWITCH with 1 spare Ethernet port to use with your iTalk VoIP service.
3. It is Your responsibility to check Your email for any important notifications, announcements or monthly statements from TEL.PACIFIC.
4. If You breach this Agreement, We may immediately terminate your Service without notice and You will be subject to the fees payable by You as per clause 10.
5. It remains Your responsibility to read the latest, updated versions of to read the Terms and Conditions of Service and Acceptable Use Policy as set out at our website from time to time. TEL.PACIFIC may, by providing reasonable notice, make changes to the Terms and Conditions of Service and Acceptable Use Policy associated with the Service.

This Agreement starts on the date the the Service is activated and continues for the term on the contract period or until terminated in writing.

1. Either of us may terminate the Agreement by giving 30 days written notice to the other.
2. Tel.Pacific may terminate this agreement immediately by notice to you if:
   
   • you have breached this Agreement, or
   • a liquidator or receiver or receiver and manager or any other administrator of your business or assets is appointed or if you enter into any composition with your creditors.
3. If Tel.Pacific have agreed to provide a Service for a particular term, then the whole amount payable for the whole of the term that those Services are to be provided is a debt owing to us at the time of entering into this Agreement for which Tel.Pacific may bill you even if you cancel the Services before the term ends.
4. You remain liable for all charges payable under the Agreement in respect of Services up to the time of termination.

Tel.Pacific is not liable for:

• any delay in installing any Service,
• any delay in correcting any fault in any Service,
• failure or incorrect operation of any Service, or
• any other default in performance under this Agreement, if it is caused by any event reasonably beyond our control, including but not limited to war, accident, act of God, industrial action, embargo, delay or failure or default by any other Supplier.

You will not assign charge or otherwise deal with your rights under this Agreement except with our prior written consent.

1. The laws of New South Wales, Australia, govern this Agreement.
2. This Agreement contains the whole understanding between us to the exclusion of any prior or collateral Agreement or understanding of any kind relating to the Services.
3. You acknowledge that you enter into this Agreement entirely as a result of your independent judgment and decision with or without consultation with your lawyer. You do not rely on any statement, representation or promise by Tel.Pacific or on our behalf not expressly set out in this Agreement.
4. Pursuant to Clause 9.c above, you accordingly release Tel.Pacific and each of Tel.Pacific's officers, agents and advisers from all claims, suits and demands of every kind (including negligence) arising from the relationship of the parties concerning this Agreement before it was signed, and from the negotiations leading to it.
5. The failure by either party to exercise any right or remedy under this Agreement in a timely manner does not constitute acceptance of the matter which gave rise to the right or remedy, nor that party's waiver of such right or remedy.
6. To the extent applicable, the Consumer Service Guarantee applies to the provision of Services under this Agreement.

IMPORTANT NOTES.
Please DO NOT use iTalk when calling emergency ‘000’ numbers. Currently, iTalk does NOT support access to 000 or other emergency service telephone numbers. Therefore, iTalk should not be regarded as a replacement or substitute for a standard telephone service. Customers should always maintain an alternative telephone service which provides access to 000 and other emergency service telephone numbers.

iTalk will not work if there is a power outage as the iTalk device requires power to maintain the service. Your iTalk device connected to your ADSL ROUTER/SWITCH both need to be on. Your computer does not need to on while you make a call

You will need to keep your current phone line and ADSL account active in order to use iTalk.

iTalk cannot be used over a dial-up connection as it is designed to be used over a broadband connection.

iTalk PHONE LINE NUMBERING SYSTEM

iTalk supply 3 ranges of telephone numbers to customers.

• If you are in NSW, you will be supplied a Sydney phone number
• If you are in QLD, you will be supplied a Brisbane phone number
• If you are in VIC, you will be supplied a Melbourne phone number.

A reminder about call charges:

• iTalk to iTalk calls are free – regardless of location
• iTalk to SYDNEY, MELBOURNE, or BRISBANE calls- 10c per call (untimed)
• iTalk to AUSTRALIAN MOBILE number calls- will be charged as per current published rates
• iTalk to ALL OTHER CAPITAL CITIES in Australia will be charged as per current published rates
• iTalk to ALL RURAL destinations in Australia will be charged as per current published rates
• iTalk to ALL INTERNATIONAL destinations in Australia will be charged as per current published rates.

Please remind your friends and family that if they call your iTalk number and they do not use an iTalk service, they will be charged as if calling a Sydney/Brisbane/Melbourne number (depending on the number you have).

When using iTalk, the ATA sends your voice call as data over the Internet. This will count towards your monthly usage. The amount of data used is minimal, however a rough approximation of usage is as follows:

• using VoIP adds 0.47 Megabyte to your usage every 10 minutes of talk time
• assuming Standard (G.723.1) voice compression, and as the average household consumes between 1000 to 2000 minutes of talk time per month, this would equate to approximately 50 to 100 Megabytes data.

TEL.PACIFIC’s Voice and Internet network is Australia-wide. We have full control of our Internet and Voice network and ensures that quality of service is always at the highest level.

Your iTalk Starter Kit includes:

• italk VoIP adapter
• Power adapter
• Ethernet cable

To use the iTalk service, you will also need to provide

• 1 Analogue Telephone
• ADSL Broadband connection
• 1 available ‘Ethernet’ port on your ADSL ROUTER/SWITCH

Because the service works with an ordinary telephone handset attached directly to the iTalk device, there are no compatibility issues which would affect your Internet connections.