Master Services Terms & Conditions
1. Acceptance of Terms and Conditions
3. Customer Obligations
5. Service Fees and Charges
6. Changing Pricing Plans
9. Required Equipment
10. Conditions of Connection
11. Termination of Contract
12. Relocation of Service
13. Support Agreement
14. Reliance on other Networks
15. Fault Reporting
18. Collection and Disclosure of Personal Information
20. Service Details
20.1 Issue of DID Number/s
20.2 Local number portability
20.3 Numbering and Call Charges
20.4 Caller line identification (CLI)
20.5 Integrated Public Number Database
20.6 Fax Services
20.7 13/1300/1800 Services
20.8 Broadband Data Services
21. Nehos Managed Router / Nehos Equipment
22. Indemnity and Limitation of Liability
1. ACCEPTANCE OF TERMS AND CONDITIONS
If You do not agree to this agreement, please do not proceed with registration.
We reserve the right, at our discretion, to update or revise this agreement by posting the new version on the Site at any time and without separate notice to you. You are responsible to review this agreement periodically for any changes. Your continued use of this Site or the Service/s after We post any changes to this Customer Online Agreement constitutes Your agreement to those changes.
This agreement begins immediately upon Our acceptance and processing of Your registration and continues until terminated. We agree to supply and you agree to acquire the Services subject to these terms and conditions.
We reserve the right to refuse any application.
"Required Equipment" includes but is not limited to a Broadband Internet connection and either a Broadband router/modem, VOIP telephone handset, gateway or IPPABX connected to the Broadband service or softphone capability.
"Standard Zone Area" means the Geographic location of Your number and where callers from the same zone area can call You for a local call charge.
"Confidential Information" means all spoken, written or electronically stored information belonging to or relating to Us or Our Clients and includes without limitation:
- any kind of technical, financial or business information;
- details of employees, suppliers, contractors or customers;
- Intellectual Property, concepts, know-how and trade secrets; and
- material developed by the Contractor;
but excludes information in the public domain (other than by default under this Agreement) or information independently known to the Contractor.
"Personal Information" means information or opinion about You from which Your identity is apparent or can reasonably be ascertained and includes Your name, current and previous addresses, account number, date of birth, email address, bank account or credit card details, occupation, driver's licence number and Your Credit Information and Credit Rating.
"Regulatory Authority" means the Australian Communications and Media Authority, the Australian Competition and Consumer Commission, the Australian Communications Industry Forum Limited, the Telecommunications Industry Ombudsman or any other government or statutory body or authority.
"Related Entity" means an entity that is related to Nehos Communications Pty Ltd ABN 38 108 343 095 in any of the ways specified in section 50 of the Corporations Act 2001 (Cth).
"Service" means the service requested by You in Your Application and described in the relevant Service Description and Pricing Schedule, and any related goods (including equipment) and ancillary services provided to you by us in connection with that service.
"Supplier" means any supplier of goods or services (including interconnection services) which may be used directly or indirectly by Us to supply the Service.
"Telecommunications Act" means the Telecommunications Act 1997 (Cth)
"Telecommunications Legislation" means the Telecommunications Act 1997 (Cth), the Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth) and Part XIB, Part XIC and related provisions of the Trade Practices Act 1974 (Cth), each as amended or replaced from time to time.
"In-Dial Number" or "DID Number" means a phone number that traditional phones can connect to from outside Our Network.
"Supplier Networks" means any telecommunications data network supplied by a Supplier.
3. CUSTOMER OBLIGATIONS
- You will not resell or re-supply any Services without Our prior written approval.
- You must keep Your account details secure. You will be held liable and must pay for any use of Your account whether authorised or not;
- You must update Your details (business, residential or e-mail addresses), within 7 days of You changing them via written notice to email@example.com. You will be liable for any use or misuse of the Services at the premises that are on record if You do not transfer or disconnect the Services when You leave the premises.
- Only authorised contacts can order, change or remove services from your account. To add, change or remove an authorised representative you will need to access the online customer portal "contacts section" to make the relevant changes.
- You will not use, or allow the use of the Services:
- to infringe another person's rights;
- in a manner that may expose Us 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 Us, 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 call(s), 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.
- We will email all Invoices to Your nominated email address at the end of every month or on Your anniversary signup date;.
- Payment may be made via BPay, Credit Card or Direct Debit (MasterCard, VISA, Ezi-Debit) or direct deposit.
- Credit card payments via ezidebit Visa/Mastercard will incur a 2.2% (min $1.10) surcharge. All other credit card payments via other sources will incur a 1.8425% surcharge.
- Ezidebit automatic payment from your bank account is free for transactions greater than $20 per month. For amounts less than $20 a surcharge of $1.10 will apply.
- A $2 processing fee will be charged for payments by cheque.
- Please provide Account Number in the details of Direct Deposits
- Payment is only deemed as received by us once payments have cleared within the Nehos bank account.
- You must pay every invoice by its due date without any set-off, counter-claim or deduction. Failure to pay by the due date may lead to:
- immediate suspension or disconnection of the Services; and
- on charge up to 10% or up to $200 as an administration fee and
- a charge of interest on any late payments at a rate of 10% per annum calculated on the daily balance of the unpaid amount from the due date until the date of payment in full and
- the referral of any outstanding amounts to a debt collection agency without notice to You which will then incur an extra debt recovery fee a $66 credit recovery fee plus 20% of the outstanding invoice value.
- lodging a report about the overdue payment against the individual / company with a credit reporting agency.
- If you do not pay any amount invoiced by the due date :
- A charge of $25.00 per month and
- If the outstanding amount is greater than $100.00, a charge of interest on any late payments at a rate of 10% per annum calculated on the daily balance of the unpaid amount from the due date until the date of payment in full until the outstanding amount, is paid in full.
- When making changes to electronic payment methods, please allow 10 working days for the changes to take effect.
- You agree that if any debit to Your nominated bank account or credit card is dishonoured, You will pay Our principal bank's dishonour for each and every dishonoured transaction, a 10% service charge and any outstanding amounts immediately.
- Any payment disputes must be made to Us in writing within 14 Days of receipt of the invoice by contacting us via email at firstname.lastname@example.org. Payment disputes will only be accepted if the notification sent to email@example.com lists the invoice number, the item/s under dispute and the reason why you believe the charge is incorrect. All undisputed amounts of an invoice must be paid by the due date. Failure to contest a charge within 14 days of the date of the invoice will create an irrefutable presumption of the correctness of the charge and Customer shall have waived its right to dispute that invoice.
- We may at our sole discretion:
- impose a credit limit on Your account;
- vary the credit limit at anytime without notice to you;
- impose a restriction on ordering new services;
- require payment of a security deposit;
- apply the security deposit, if collected under this clause, to meet any any cost, loss or liability incurred as a result of Your failure to comply with these terms or to pay any amount payable by You.
- Our policy on Financial Hardship can be found at www.nehos.net/financial-hardship.php
5. SERVICE FEES AND CHARGES
- All prices include GST unless indicated otherwise.
- The Service fees and charges are as set out in the Pricing Schedule selected by You in Your application, and as otherwise notified to You from time to time; or
- if no fees are set out in the relevant Schedule then Our Standard fees and charges are applicable at the time of supply of the relevant Services. Standard fees and charges are subject to change without notice. All changes will be published via Our website.
- All services are billed 1 month in advance. Services ordered before your next monthly billing anniversary date will be pro-rata.
6.CHANGING PRICING PLANS
- You may change your choice of Voice or Broadband Plan no more than once a month, which must be notified in writing and will be scheduled to take effect as of Your next Anniversary date.
- You may remove additional features & services via the customer admin panel;
- Please note all services require 1 month notice for disconnection.
- If you choose to disconnect a service that is within contract an early termination fee will apply which will be due before service disconnection will be accepted by Nehos.
- We may at Our sole discretion also allow You to make other changes to Your Pricing Plan or features;
- All changes must be agreed in writing between You and Nehos, or made directly via your accounts panel and will be binding on You as at the date of the written agreement or change to the system.
- All call detail records, including date, destination number and timing where applicable, will be recorded.
- Nehos may monitor or keep any records that it deems necessary referable to the Customer's use of the Service.
- Unless otherwise stated all call durations are rounded up to the nearest whole second. Call charges are calculated for each call are rounded up to the nearest whole cent.
- You agree that the records of call details are conclusive evidence of Your use of the Services and Your liability to pay the Call and Service charges to Us, unless it can be shown that the records are incorrect. You are responsible for all usage on Your account and all the relevant costs relating the provision of services to You;
- We will endeavour to include all charges for calls made using the Services within 6 months of such use. However, You acknowledge that where this is not possible, We may include the charges in any subsequent invoice, and such delay will not affect the validity of the charges contained in the bill.
- Installation, Hardware, Calls Made and configuration fees are only refundable if there is sufficient evidence that an error has been made.
- We may reissue any bill if an error is subsequently discovered. If You have:
- overpaid as a result of a billing error, Your account will be credited with the overpayment; or
- disconnected the Services, We will refund the overpayment after Your request and after deduction of any other amounts due by You to Us or any related entity.
- To protect against fraud, We randomly monitor for unusually high usage levels & If detected on Your account, We may at Our discretion issue You with a high usage alert at any point in time. We may then suspend or restrict the Service (or any part of the Service) and issue an interim invoice & The Service will be restored once the invoice has been paid.
- You may view your ‘Real time calls’ (uninvoiced call charges) or access Your account at any time by visiting Our website at www.nehos.net.
- All Voice accounts have a number of security mechanisms to prevent or minimise customers exposure to unauthorised use of their account. It is the customers responsibility to use the tools provided to "lock down" their account.
- These tools include.
- Account credit limits are employed (set by Nehos) based on an assessment of credit risk. If you wish to reduce or increase this amount please contact us via email at firstname.lastname@example.org.
- International daily call limits are enforced on each account. The default is $10 per day and can be changed by the customer in the customer panel.
- International calls should be limited to a set destination list from within the customer panel based on international destinations you normally dial. Most toll fraud breaches happen to international destinations not normally called.
- Every SIP account has tools to lock calls to a single IP address.
- All SIP account passwords should be a minimum of 6 chars and least 1 number and upper case letter and not be based on a dictionary word.
- The customer panel employs industry standard SSL encryption. All correspondence, account changes should be done in the customer panel to encrypt communications over the internet.
- 'Phreaking', also known as Toll Fraud. The Australian Police state "Telephone carriers are not liable for toll fraud call charges as it is the responsibility of each customer's IT consultant to secure their system as they would secure their internet connection and local area network from outside intruders". This also extends to use of your SIP accounts outside or inside of your network.
- It is the customers responsibility for implementing, maintaining the security of their account, usernames and passwords, equipment and network.
- The customer is liable for all unauthorised call charges on their account.
- Nehos will at the Customer’s request endeavour to implement access restrictions to the Customer’s network via the Connection and in accordance with any Customer’s specifications approved by Nehos.
- The Customer acknowledges that to the extent permitted by law Nehos does not make any representations or warranties concerning the fitness for purpose or effectiveness of any access restrictions or Nehos’s network security or the Customer’s network security.
- The Customer acknowledges that Nehos’s network is not a secure and confidential method of communication and shall transmit data on Nehos’s network at its own risk.
- Without being in any way liable so to do Nehos shall endeavour to ensure that all data transmitted on Nehos’s network is transmitted to the person to whom it is addressed.
* Please note that call detail records are not rated in real time and hence these mechanisms rely on the rating of calls to work. Therefore these limits do not represent hard limits and maybe exceeded due to factors beyond our control. Therefore it is solely the customers responsibility to take care of security of your equipment, network and account.
9. REQUIRED EQUIPMENT
- It is Your responsibility to install, configure and connect the Required Equipment even if You purchased it from Us.
- If You purchase Required Equipment from Us which is:
- defective; or
- unopened and in the original packaging;
- You can return it and receive a refund if You contact Us within 7 days of delivery.
- The Customer must provide and maintain the appropriate equipment for Connection to Nehos network. It is the customers responsibility to check with Nehos before ordering any services that your current equipment and or network that will be used to connect to the Nehos network is recommended and compatible.
- The Customer is responsible for payment of any costs associated with the data communications line (telephone line or similar link) used for Connection to Nehos network.
- You must, upon becoming aware of an occurrence described in this clause, immediately disconnect or deactivate (or procure the immediate disconnection or deactivation of):
any networks, systems, equipment or facilities owned or operated by You or any End Users that are:
- damaging, interfering with, or degrading or deteriorating the operation or performance of the Nehos Network or the supply of products or services to Us or any other customer of Our suppliers; or
- incompatible with the Nehos Network or in order for Us to comply with the terms of supply by a third party; and
- any connections referred to in this clause that are not made and maintained in accordance with the Service Agreement and all applicable laws.
- You must ensure that any equipment used by You or any End Users in connection with the Service or the Nehos Network has all necessary regulatory approvals, the uses to which such Equipment is put are not prohibited by any Regulator and comply with the Service Agreement and all applicable laws, and is maintained in good repair and working condition.
- You consent to Us and Our suppliers (and our respective Personnel) entering any premises owned, controlled or occupied by You, any of Your Related Bodies Corporate or any End User at which the Service will be provided, and doing anything that is necessary at that premises in connection with:
- the installation and supply of the Service;
- the delivery, installation, connection, inspection, modification, replacement, maintenance, repair, servicing, disconnection or removal of any Nehos Equipment.
10. CONDITIONS OF CONNECTION
- If payment of any Charges is overdue for 14 days or more Nehos may suspend provision of the Service on 24 hours notice to the Customer. Nehos reserves the right to charge the Customer a fee for reconnection of the service.
- You must notify Us (before We connect the Service) whether Your End User receives any priority assistance service, medical alert service, alarm service or any other service with similar service levels.
- The minimum contract period for all broadband services is 2 years unless specified on the Order Form.
- Where a minimum contract period is specified on the Order Form, the minimum contract period commences on the date the Service is connected.
- Subject to these Terms and Conditions, the Agreement shall remain in force:
- where a minimum contract period is specified on the Order Form, the agreement shall be continued for that minimum period, and then continue until such time as it is terminated by Nehos giving the Customer thirty days written notice or the Customer canceling the existing service using the customer portal “Service Disconnect Form”;
- where a minimum contract period is not specified on the Order Form, the agreement shall continue until such time as it is terminated by Nehos giving the Customer thirty days written notice or the Customer cancelling the existing service using the customer portal “Service Disconnect Form”.
- Nehos shall supply the Services to the Customer during the term of the Agreement unless suspended or terminated in accordance with the Agreement.
- The initial setup fee is non-refundable.
11. TERMINATION OF CONTRACT
- Neither party may terminate this Agreement prior to expiration of the initial Term except in accordance with section 10
- Notwithstanding section 10, NEHOS Communications may suspend delivery of the VoIP Services & or Broadband Services during the Term if Customer is in default of it's obligations to NEHOS Communications including but not limited to Customer's obligations to pay Fees as set out in Supplier's Invoice. In the event The Customer is in default of payment NEHOS Communications have the right to suspend all services until all fees are paid in full. Reactivation of services will incur a re-activation charge of AUD $275.00.
- At termination of this Agreement, for any reason, Customer will remain liable for all Fees, taxes, other charges and all other amounts that are outstanding including the remainder of the initial term, and that all such Fees, taxes and other charges shall immediately be payable in full to NEHOS Communications at termination.
- At expiration of the initial Term of this Agreement, the Term of the Agreement shall be extended for additional thirty (30) day periods until terminated by either party on provision of thirty (30) days notice using the disconnect request form within the customer panel.
12. RELOCATION OF SERVICE
- If you require to move your service from one physical location to another we require you to apply for a new service at the new location and cancel the existing service using the customer portal “Service Disconnect Form”.
- If You are relocating an existing End User Service, We cannot guarantee that We will be able to provide the End User Service at the new End User Site.
- If the existing Service is relocated during the Initial Period it will be deemed to be a termination of the existing Service and relevant early termination Charges will apply.
- The standard Service Installation Charge for End User Services will apply to the relocated End User Service.
13. SUPPORT AGREEMENT
- Support Services are defined as activities conducted by us on your behalf, including but not necessarily limited to:
- Research and development
- Meetings (including telephone conversations) with you or your suppliers or customers and clients and liaison with those parties
- Travel to and from various sites related to this agreement
- Report in writing and other documentation production
- Plant and equipment installation and configuration
- Software development and/or testing for the purposes General Data Network and Wireless infrastructure development, management and maintenance projects as determined from time to time.
- We shall perform the Support Services according to your instructions by submission of written request or by ticket within the Nehos ticketing system. Work will be performed at the times and in the manner as agreed upon by both parties, to the best of our capacity.
- We will maintain a detailed and accurate log of all activities conducted by us relevant to this Agreement.
- We will present a copy of this log of activities with an invoice for payment or at any other time by your request.
- Intellectual Property
- Unless otherwise agreed between the parties, Intellectual Property in all material developed or produced under this Agreement shall vest in us and in consideration of you entering into this Agreement you herby assign to us any right or interest which you might have in such material. Any Intellectual Property in such material shall also vest in us if produced by any employee, agent or sub-contractor of ours and shall be assigned accordingly.
- We warrant that all material developed or produced under this Agreement will be original and will not infringe the intellectual property of third parties and to the best of our knowledge the material will not be defamatory or breach any
- confidentiality or undertaking and we shall indemnify you against any loss, damage or expense which you may incur as a result of any breach of this warranty.
- We shall deliver to you all material referred to in this clause, or material which you or any third party has provided to us for the purpose of providing the Technical Support Services, on demand or within five (5) days of the date of termination of this Agreement.
SCHEDULE A : Fees
Our standard fees for Consulting Support Services is shown in the table below.
|Standard Remote Rate
|After Hours Remote Rate
* month rate is invoiced and paid in advance for delivery of up to 10 hours per fortnight period and during Standard Business Hours.
- Amounts stated in this schedule do not include GST
- Standard Business Hours are 0900 Hrs - 1700 Hrs (EST), Monday to Friday except gazetted state and federal holidays.
- After Hours are 0600 Hrs - 0900 Hrs and 1700 to 2300 (EST), Monday to Friday and Saturday / Sundays 0700 Hrs to 2300 Hrs (EST) except gazetted state and federal holidays.
- In case of ad-hoc consultancy services provided at an on-call arrangement, a minimum fee of 15 minutes per accounting period will apply.
For penalty conditions, the following additions will apply:
||2 Hours standard rate
||2 Hours standard rate
Materials and expenses:
When we incur additional costs of materials or services required for us to conduct tasks and activities conducted on your behalf, we will (with your explicit permission) charge those expenses to you at cost, with evidence of the costs incurred made available on your request. Typical expenses may include travel and accomodation to allow us to complete on-site activities, or equipment and materials to complete specific tasks. Expenses will not include costs incurred at our own discretion (such as meals and entertainment etc).
14. RELIANCE ON OTHER NETWORKS
- 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 Your internet service).
- We are 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 is beyond Our control, and We will not be responsible, or liable to You, for such failures.
- You acknowledge and agree that as the Service requires the use of Broadband connections, the installation of the Service may cause minor disruptions to Your broadband connection and vice versa.
15. FAULT REPORTING
- Nehos will provide a fault reporting service between 9:00 am and 5:00 pm Monday to Friday Eastern Standard Time.
- To report a fault please log into your customer account panel and proceed to the Support tab and log a fault under the appropriate section.
- You agree to provide all necessary assistance to enable Us to locate and repair a reported fault but we will not be liable for any expenses incurred by the customer to find or rectify a fault unless by prior written agreement.
- We are responsible for correcting faults that are present in Our Network and equipment, but not for:
- any fault which is caused by Your equipment, Your internet service provider or the Premises, but will, where possible, advise You of that fault and its probable cause and location; or
- any fault which is within a Supplier Network of an interconnected Supplier, although We will notify that Supplier of the fault and request that it be corrected promptly.
- Nehos provides support and diagnostics of customer premises equipment and network (outside of our Network and Equipment) as per Section 13 Support Agreement.
- After Hours Urgent Support
- This service is available outside normal operating hours and is strictly for critical service effecting issues. This service is only to be used for Nehos voice / broadband network faults ONLY and not for issues with your own equipment or local network. Non critical issues e.g a individual destination failure or suspected performance issues can be reported at anytime but will be responded to within normal working hours.
- Messages left for the urgent support team must include your customer account code, the authorised contact name, contact email and a detailed description of the fault, as well as any information that you believe would help us identify and resolve the fault. We will not respond to requests for assistance unless sufficient information is provided to help us identify the fault should also be submitted as email request to email@example.com
- We reserve the right to charge as per Section 13 Support Agreement to customers using the After hours Urgent Support system for any non urgent support issues as defined above.
- Nehos Complaint Handling Process can be found here www.nehos.net/complaint.php Contacting Nehos to request support or to report a service difficulty is not necessarily a complaint.
Without limiting clause 13, You acknowledge and agree that We:
- may from time to time conduct maintenance on and of the network and infrastructure through which the Services are provided;
- will try to conduct such maintenance outside Business Hours, but it may not always be possible for Us to do so;
- will not be responsible for rectifying any fault in the Service where that fault arises in or is caused by another Suppliers network or Your own equipment.
You agree to keep confidential Our Confidential Information. You must not use or disclose Our Confidential Information for any purpose, other than:
- to the extent necessary to perform obligations or exercise rights under this Agreement;
- to the extent disclosure is required by law or a direction by a Regulatory Authority; or
- to professional advisors in connection with this Agreement.
18. COLLECTION AND DISCLOSURE OF PERSONAL INFORMATION
- We may disclose Personal Information about You for the purposes set out in this clause to:
- Our employees, agents or contractors;
- Our professional advisers including accountants, lawyers and auditors;
- related entities;
- suppliers who need access to the personal information to provide Us with services to enable to Us to supply the Services to You;
- a credit reporting agency, credit provider or fraud-checking agency;
- other telecommunication and information service providers
- Your authorised representatives or legal advisers; or
- government and Regulatory Authorities and other organisations, as required or authorised by law.
- We may collect, use and disclose Personal Information about You for the purposes of:
- verifying Your identity;
- assisting You to subscribe to our services and the services of Related Entities;
- providing the services You require from Us and from Related Entities;
- administering and managing those services, including billing, account management and debt collection;
- conducting appropriate checks for credit-worthiness and for fraud;
- determining whether to provide to You personal or commercial credit and the ongoing credit management of Your account; and
- researching and developing the Services, business planning and promotions and marketing.
- We may terminate this Agreement at any time by giving You fourteen [14) days written notice. For the purposes of this Agreement 'written notice' includes email communication.
- You may terminate this Agreement at any time by giving Us fourteen (14) days written notice by email at firstname.lastname@example.org before the next billing period.
- All services must be terminated using the service disconnect form within your customer panel. A termination notice will then be provided by Nehos within 1 business day, stating the service termination date including any early termination fee's or instruction for returning equipment. Please note that some services require 30 days notice for termination. If you have not received this notice please contact us immediately with the Order number provided for reference.
- We may terminate this Agreement immediately on giving You written notice if You:
- are in breach of any term of this Agreement and the breach is not remedied within 7 days of the receipt of written notice from Us; or
- enter into a Deed of Arrangement, have an order made for winding up, have an administrator or receiver appointed; or
- commit an act of bankruptcy; or
- are charged with a criminal offence.
- If You terminate this agreement You will remain liable for all charges and all other amounts that are outstanding, and any other amounts that are incurred under this Agreement for whatever reason.
- Nehos may terminate the Agreement without notice upon the occasion of misuse or abuse of the Service by the Customer & what constitutes misuse or abuse of the Service is determined by Nehos at its absolute discretion.
20. SERVICE DETAILS
20.1 Issue of In-Dial Number/s or DID Number/s
- We may issue a DID Number/s to the Services and vary that DID Number/s in accordance with any national regulatory policy on numbering made pursuant to the Telecommunications Act.
- The selection, issuing and use of DID Number/s 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 DID Number/s.
- We may be required by law to withdraw, suspend or reassign a DID Number/s assigned to You, and We will not be liable to You for any loss or damage incurred or sustained by You if We are so required.
- Geographic numbers can only be assigned on the basis of the End Users location where they will predominantly intend to use the service.
- Restrictions on relocating local numbers (geographic numbers) from one End User location to another are contained in legislation (National Numbering Plan) and in industry codes. These restrictions apply for both numbers ported to Nehos and to Nehos own geographic number ranges. The Customer may relocate their End User to another location within the same Exchange Service Area (ESA) or to another ESA that belongs to the same SZU. The Customer will be in breach of the National Numbering Plan if a number is retained by an End User who relocates to an ESA which is in a different SZU. Please note that this restriction applies to Nehos’s own numbers and to ported numbers.
- Number reservation or reactivation fee of $100 per batch of numbers.
20.2 Local number portability
- Category A Port is defined as a copper based PSTN line with a single number with no hunt groups, fax duet or any special services associated with it. Category A Port costs are a once of fee of $45 inc tax per number. Local Number Ports ordered as a Category A port that are rejected from the loosing carrier for the wrong category classification will be rejected
- Category C Port is a Complex port normally associated with an ISDN service or a copper based PSTN line with hunt groups or fax duet or any special services attached to it. Category C Port are $P.O.A
- LNP Batch Reject : Applications for Local Number Porting that are rejected for whatever reason will incur a rejection fee of $20.00 per number or batch of numbers. Note that in addition, for rejects due to “Number/Account Mismatch”, the reject is charged at $1.50 multiplied by the number of numbers in the batch. The optional Port Number Validation defined below can be used to help mitigate possible LNP Batch Rejection charges.
- Category A Emergency returns are $100.00 per number. Category C Emergency returns are available. $POA
- Late Re target Notification: A Port Re-Schedule where Nehos receives the rescheduling request from the customer within 5 business days of the scheduled cut over = $250 inc.
- Port Number Validation (PNV): Porting of numbers from other carriers' PSTN services to Nehos CTS Service is possible, but due to the restrictions and potential complexities associated with porting from PSTN services all such ports should be fully evaluated before any commitment is made. A pre-port test that can be requested by the customer to assist in validating whether a complex port (Cat C) will be successful. This can be used to mitigate the possible costs incurred by Batch Rejection and Emergency Returns & Reversals. PNV charge is $110 inc tax per batch of 1-5 numbers. $200 inc tax 6 to 100 numbers, $400 inc tax for 101 to 201 numbers.
- Nehos must be notified within 7 days when a number has been "Ported Out". If you do not inform us you will be continued to be charged for the number/s. Billing will cease from the date we are informed that the port has been completed (not the date the port happened).
- A "Port Out" fee will be $126.50 inc GST per batch of number/s. Porting out from Nehos must be initiated from the gaining carrier. Nehos will not be held liable for gaining carrier fee's or charges.
- Please note that the loosing carrier in a Local Number Port may charge a "Port out fee". You should contact the loosing carrier be made aware of these fees before commencing a Local Number Port request with Nehos Communications. Nehos will not be held liable for the loosing carrier fee's or charges.
- We are 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.
- We 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.
20.3 Numbering and Call Charges
- We provide access to Emergency 000 services free of charge. However we are under no liability whatsoever if You are unable to access Emergency services from the service at anytime.
- Your local call area is defined by the physical address of your equipment. This is determined by the caller ID of the call sent or the physical location set at the time the SIP account was created. This information determines your local call area and includes the adjacent local call zones as defined by the ACA. Local call areas are defined within the customer portal under SIP/IAX accounts. If a call is placed to an area outside of this area it will be charged as a national call.
- People who call You from inside the Standard Zone Area of Your Virtual Number may be charged a local call from Your Telecommunications Carrier.
- When You move outside the geographic area or the Standard Zone Area of where Your In-Dial Number or DID Number is located, We are be required to change Your In-Dial Number to the area where Your service is now located.
20.4 Caller Line Identification (CLI)
- 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 Services comply with applicable privacy and other guidelines as well as industry codes of practice on the use and capture of CLI.
20.5 Integrated Public Number Database
- You acknowledge that We are obliged by law to supply specified Customer Information with respect to any person who is allocated a In-Dial Number for the purposes of the Integrated Public Number Database (IPND).
- The information held in this database may only be provided for an approved purpose to approved organisations such as directory information organisations or 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 via your customer panel.
- You must provide a valid physical address (PO Box not acceptable) on each In-Dial Number or DID Number that is created.
20.6 Fax Services
- If a fax service is added to a single DID Number that number becomes a "Fax to E-Mail Service" number charged at the DID Number rate as listed in the Pricing Schedule listed on our website.
- Single DID Number from a 100 number range can be converted to be used with our "Fax to E-Mail Service" but will be charged as a single DID Number.
- Fax Services are not suitable on all numbers. You need to contact Nehos to see if your number is available to be used as a fax service.
20.7 13/1300/1800 Services
- The minimum contract period for all Inbound 13/1300/1800 services is 12 months unless specified on the Order Form.
- The plans offered permits customers with either a VoIP enabled PBX or device to connect to Nehos via private Ethernet or public internet and have telephony traffic carried via IP. (Utilising Session Initiation Protocol – SIP)
- The Pricing provided for these services is based on connecting solely by this method.
- If Nehos provided 13/1300/1800 numbers are required to terminate on external fixed or mobile numbers then although this is supported additional call costs will apply.
- In this unusual scenario the inbound call cost is as advertised and the outbound portion of the call (to the external number) will be as the call plan selected.
20.8 Broadband Services
- Nehos does not guarantee that the maximum data rate will be achieved. You acknowledge and agree that if the maximum data rate is not achieved then this is not a Service fault. You acknowledge that data rates beyond Nehos's Network and Nehos's data centre are beyond the scope of the Service.
ADSL / EOC Services
Wireless & NBN Services
- The actual data rates will vary according to: the length of the copper wire from the End User Site to the DSL enabled exchange, the quality of the copper line between the End User Site and the DSL enabled exchange, the DSL profile applied by Nehos or the Customer to make the DSL line stable, electrical interference from outside sources, the nature and quality of the connection at the End User Site, network utilisation and the number of End Users accessing the network at any one time, the End User‟s hardware or software and the web sites the End User is visiting.
- The actual data rates will vary according to the nature and quality of the connection at the End User Site, network utilisation and the number of End Users accessing the network at any one time, the End User‟s hardware or software and the web sites the End User is visiting.
21. Nehos Managed Router / Nehos Equipment
- You must use any supplied Nehos Equipment in accordance with any directions of Nehos notified to You from time to time.
- Supplied equipment including any configuration (Nehos Intellectual Property) remains the property of Nehos Communications. Any attempt to access or change the configuration of equipment belonging to Nehos, is strictly prohibited and will constitute a breach of this agreement and subsequently reported to authorities.
- You will ensure that the Nehos Equipment is not damaged and remains in good condition. You must notify Nehos promptly on becoming aware of any damage to or malfunction of the Nehos Equipment or that Nehos Equipment requires maintenance of any kind.
- Nehos may, subject to giving reasonable notice and at Nehos cost, change, modify, replace or remove the Nehos equipment in our absolute discretion.
- the Nehos equipment always remains the property of Nehos or the supplier (as the case may be).
- You will not enter into any agreement for the transfer, sale, mortgage, granting of any security interest or other dealing in connection with the Nehos Equipment.
- You will not, without Nehos prior written consent, remove or obscure any identification marks on the Nehos Equipment.
- You will comply with all reasonable instructions Nehos gives You to protect Nehos ownership of the equipment.
- You will only use Nehos Equipment at the location stipulated by Nehos and will not part with possession of the Nehos Equipment except to provide it to Nehos.
- You will allow Nehos to and, where applicable, will ensure that your landlord or any other relevant third party allows Nehos to, enter and remove the Nehos Equipment from Your premises upon expiry or termination of the Agreement; and
- You will return the Nehos equipment to Nehos possession as soon as practicable in accordance with any Nehos request to do so where the Nehos Equipment is no longer used by You or this Agreement has expired or is terminated.
- If You fail to disconnect and return Nehos Equipment within 10 Business Days of being required to do so, then We (or Our agent) may disconnect and recover that equipment. You are deemed to have consented to and approved of Us (or our agent, as the case may be) disconnecting and/or removing that equipment or other items or connections.
- You bear the risk of loss or damage to the Nehos Equipment from the date of delivery of such Equipment to Your premises or when You pick it up and You indemnify Nehos in respect of any such loss of damage.
- Nehos may charge You, in accordance with our standard time and material rates and terms, for any repair, maintenance or replacement of Nehos Equipment which is required due to events other than normal wear and tear.
- You will make available an adequate power supply and environment (including air conditioning) for the operation of any Nehos Equipment.
- You are liable to pay Nehos on demand any cost and/or expenses incurred in repairing or replacing the Nehos Equipment, or other property owned by Nehos or for which Nehos is liable, which is damaged or destroyed as a result of connection to Your network or power supply.
22. INDEMNITY AND LIMITATION OF LIABILITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR EMPLOYEES, OFFICERS, AGENTS, AND DIRECTORS AGAINST ANY AND ALL LOSSES, COSTS, EXPENSES AND DAMAGES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, RESULTING FROM YOUR OWN NEGLIGENCE OR MALPRACTICE, OR RECKLESS OR INTENTIONAL MISCONDUCT, OR FAILURE TO PERFORM YOUR OBLIGATIONS AND RESPONSIBILITIES UNDER THIS AGREEMENT
WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING WHETHER CAUSED THROUGH OUR OWN NEGLIGENCE, OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR INDEPENDENT CONTRACTORS, OR THROUGH ANY OTHER CAUSE:
- ERRORS IN THE INFORMATION YOU PROVIDE;
- ERRORS OR OMISSIONS IN THE SITE, OR LINKED SITES;
- DELAYS TO, INTERRUPTIONS OF OR CESSATION OF THE SERVICES;
- ANY CIRCUMSTANCES AFFECTING OUR PERFORMANCE OR PROVISION OF THE SERVICES WHICH ARE CAUSED BY FACTORS BEYOND OUR REASONABLE CONTROL.
WE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OF PROFITS OR ANY DAMAGES OF ANY KIND RECOGNISED BY LAW (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OF PROFITS OR DAMAGES) WHICH ARE THE CONSEQUENCE OF YOU USING OR ACQUIRING, OR YOUR INABILITY TO USE OR ACQUIRE ANY SERVICES.
WE WILL NOT BE LIABLE WHERE WE ARE PREVENTED, HINDERED OR DELAYED FROM PROVIDING THE SERVICES FOR WHATEVER REASON.
WHERE ANY ACT OF PARLIAMENT IMPLIES IN THIS AGREEMENT ANY CONDITION OR WARRANTY, OUR LIABILITY FOR ANY BREACH OF SUCH CONDITION, OR WARRANTY SHALL BE LIMITED, AT OUR OPTION, TO EITHER:
- THE SUPPLYING OF THE SERVICES OR REQUIRED EQUIPMENT AGAIN; OR
- THE PAYMENT OF THE COST OF HAVING THE SERVICES OR REQUIRED EQUIPMENT SUPPLIED AGAIN.
YOU AGREE TO ACCEPT THE FULL COST OF ANY NECESSARY REPAIR, CORRECTION AND MAINTENANCE OF ANY OF YOUR EQUIPMENT, WHICH MAY BE NECESSARY AS A CONSEQUENCE OF YOU ACCESSING THE SITE.
- WE WILL USE ALL REASONABLE ENDEAVOURS TO PROVIDE THE SERVICES IN ACCORDANCE WITH ANY RELEVANT INDUSTRY STANDARDS.
- WE OFFER NO WARRANTIES, GUARANTEES OR REPRESENTATIONS:
- THAT THE SERVICES ARE OR WILL BE FREE OF ERRORS, DEFECTS OR INTERRUPTIONS, OR THAT IT WILL BE AVAILABLE AT ALL TIME
- ABOUT THE ACCURACY, RELIABILITY OR TIMELINESS OR OTHERWISE, OF THE QUALITY OR AVAILABILITY OF THE SERVICES; OR
- ABOUT THE QUALITY OR AVAILABILITY OF THE TELEPHONE SERVICE AND BROADBAND SERVICES USED BY YOU, THAT ARE NOT PROVIDED BY US.
- WHERE WE SUPPLY ANY REQUIRED HARDWARE, THE MANUFACTURES LIMITED WARRANTY PROVIDED WILL BE STANDARD 12 MONTHS UNLESS SPECIFIED AT POINT OF SALE.
- You must not assign Your interests under this Agreement without Our prior written consent.
- We may assign or subcontract some or all of Our rights and obligations under the Agreement from time to time, without separate notification to You.
- We will not be deemed to have waived any of Our rights under this agreement unless such waiver is in writing, signed by Us.
- This Agreement contains the entire agreement between the parties and supersedes all previous negotiations or agreements in relation to the Work. Neither this Agreement nor any term in it may be amended, assigned, waived, discharged or terminated except by Our consent.
- This Agreement shall be governed construed and interpreted in accordance with the laws of Queensland, Australia.
- If any provision of this Agreement is ruled by a court to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision or part provision of this Agreement.