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Terms & Conditions
Standard Agreement for VCHAT's VoIP Service
Provided by VCHAT PTY LTD
Updated: Tuesday, 11 April 2006
The Agreement
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These terms and conditions apply to VCHAT's VoIP service
(the "Service"). Please read this agreement (the
"Agreement") before using the service in whole or in
part. In this agreement, "We" or "Us" relates to VCHAT
or their agents and "You" or "Customer" relates to the
person, person(s) or organisation receiving the Service.
Also, acknowledge that these terms and conditions may
vary from time to time. Notification will be provided in
this case, unless variations were made due to a change
in law or regulation.
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You acknowledge that although we will take all
reasonable steps to make sure you receive the voice
service within the local calling areas, the voice
service is not free from faults or interruptions.
Certain factors, such as network congestion,
maintenance, technical capabilities, geographic factors,
obstructions or interference may mean you will not
receive the voice service at certain times.
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When using this service, you will ensure that you and
others comply at all times with all laws and
obligations, regulations, codes or determinations or any
other requirements of any government or statutory
authority, including licence conditions, applicable to
the services and their use. Failure to comply with any
licence, permit or authorisation relating to the
connection of equipment to the Service Delivery Point or
use of the services may result in immediate termination
of the agreement. In addition, you must not transmit,
distribute or otherwise publish on the Service any
libelous, defamatory, abusive material or material that
could give rise to civil or criminal proceedings. If
this occurs, VCHAT will not be held liable for any
charges incurred by these proceedings.
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The contents of the Service, including, but not limited
to text, photographs, graphics, video and audio content
(the "Content") is protected by copyright as a
collective work or compilation under the copyright laws
of Australia and other countries, and owned or
controlled by VCHAT, their affiliates or the party
credited as the provider of the Content. All individual
articles, content and other elements comprising the
Content are also copyrighted works. You must abide by
all additional copyright notices or restrictions
contained in the Service. You may not copy, reproduce,
distribute, publish, enter into a database, display,
perform, modify, create derivative works, transmit, or
in any way exploit any part of the Service. Without
limiting the generality of the foregoing, you may not
distribute any part of the Service or Content over any
network, including a local area network, nor sell or
offer it for sale.
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Fees and charges applicable to your service will
commence from the date of connection to VCHAT. We will
email an invoice to you no less frequently than monthly,
and you must pay these fees and charges by the invoice
due date, or next business day. All fees and charges
will be billed to your nominated credit/charge card. A
credit card processing fee of 3% will be added to each
invoice. If you cancel your credit/charge card
authority, or if you do not pay your invoice by the
invoice due date, VCHAT will charge a ten dollar late
fee. Charges for archive or hardcopy invoices may apply.
VCHAT can decide that you have a credit limit. If so, we
will tell you what that credit limit is. If you exceed
the credit limit, we may suspend the service until you
pay all call charges owing on your account. Finally, we
may ask you to pay a deposit for some or all of the
service charges in advance, in order to receive or
continue receiving your service. You are still required
to pay us your monthly charges by the invoice due date.
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If you have authorized payments by credit card, debit
authority or other similar methods, then payments shall
be drawn against your authority when due without further
notice to you unless you terminate the payment method by
14 days written notice to VCHAT . Disconnection to the
Service will occur in the event that your authorized
payment method is refused or dishonoured by your
nominated financial institution.
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Your term begins when you are first connected to VCHAT
and continues for the period of time until you
disconnect. Should your details change at any time, you
must notify us immediately. If you want to discontinue
your connection, you must give us notice by telephoning
VCHAT billing department and requesting a disconnection.
The Service will be disconnected within 7 days of
receipt. VCHAT may suspend, restrict or disconnect the
service under varying circumstances. A final invoice
will be issued after disconnection and you must pay all
fees and charges you incurred using the service, up to
the date of disconnection.
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VCHAT's records are prima face evidence of the Customers
use of the service and the charges payable. VCHAT allows
customers to connect to the service using their own
device. VCHAT only charges for answered calls and ceases
to charge when the call is terminated by the caller. The
Customer agrees that any calls from the VCHAT number
supplied to the Customer are deemed to be authorized by
the Customer and the Customer will pay all charges
accordingly. International, national and mobile timed
calls are charged in thirty second increments. If the
value of calls made in any calendar month is less than
five dollars then a flat charge of five dollars will
apply for those calls.
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VCHAT will provide a voicemail service for each
customer. There is no charge for this service however a
local call charge will apply for voicemail retrieval.
VCHAT may provide Customers and Resellers with access to
the VCHAT billing software. This software may provide
figures detailing total call costs and individual call
details. Where the software is provided, it is provided
as a guide only and records should be kept by the
Customer to check that the total provided is correct.
The software should serve only as a tool for verifying
the Customers own records.
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All Customers are assigned a VCHAT number and password.
The Customer should keep confidential all passwords the
Customer is given in connection with the service. The
Customer acknowledges that VCHAT will disclose any
information in connection with the customers accounts to
any person who correctly quotes the Customers password.
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VCHAT numbers are used for identification purposes. A
user does NOT own the VCHAT number he or she picked or
specified. The user pays VCHAT for the process of
connecting a VCHAT number with relevant online services.
The user does NOT pay for the number itself in anyway.
VCHAT has the sole right in the use of the number and
can assign the number to anyone or anything it chooses.
VCHAT numbers are normally assigned on a first come
first serve basis, however, preference is given to some
parties at VCHAT's discretion
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Local Phone Numbers used by you are not portable. That
is you cannot "take them with you" when your Service is
terminated. This is because the user does NOT own the
Local Phone Number he or she picked or specified, VCHAT
does . The Local Phone Numbers that customers use are
actually what the telecom industry call Direct In Dial
(DID) numbers belonging to VCHAT . DID's are not
portable between carriers in the same way a "normal"
phone number would be. Upon termination of the service,
Local Phone Numbers remain the property of VCHAT .
Furthermore, the Local Phone Numbers belong to VCHAT at
all times. When you give out Local Phone Numbers, you
are giving out VCHAT Local Phone Numbers for people to
call VCHAT and NOT to call you. At their discretion,
VCHAT may choose to link a Local Phone Number to a VCHAT
number. This link is internal to the VCHAT network.
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I understand that although I may use the service to dial 000 (Emergency Services), it is not my primary method of making emergency calls. I understand that I need to maintain some other form of phone service to allow me to make emergency calls in the event of a power failure, Internet outages or network congestion.
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If, in VCHAT's opinion, you breach any of terms and
conditions of this Agreement, we may suspend, terminate
or limit your access to the Service and terminate this
Agreement effective immediately. The termination of the
Service shall not preclude VCHAT from exercising any
other rights VCHAT may have against you under this
Agreement.
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These terms plus the terms of the chosen Service(s)
constitute the entire Agreement between the Customer and
VCHAT in relation to Service(s). Any condition,
warranty, representation or other term which might
otherwise be implied into or incorporated into these
terms and conditions, or any collateral contract,
whether by statute, common law or otherwise, is hereby
excluded. Neither party shall have any remedy in respect
of any untrue statement made to it upon which it relied
in entering into this Agreement (unless such untrue
statement was made fraudulently) and each party's only
remedy shall be for breach of contract as provided in
this Agreement.
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These terms and conditions are governed by the laws and
regulations of the state of New South Wales.
Disclaimer of Warranties
The service is available "as is". We do
not warrant that the service will be uninterrupted or
error-free. There may be delays, omissions, interruptions,
loss of data and inaccuracies in the service, information
provided by the service or other materials available through
the service.
Limitations of Liability
VCHAT and their respective officers,
directors, shareholders, employees, representatives,
parents, subsidiaries, affiliates, agents, or licensors are
not liable for losses or damages of any kind whether direct,
indirect, incidental, consequential, special, punitive or
exemplary, and whether tangible or intangible in nature
including lost revenues or profits, loss of business or loss
of data, in any way related to the service or for any claim,
loss or injury based on errors, omissions, interruptions or
other inaccuracies in the service (including without
limitation as a result of breach of any warranty or other
term of this agreement) even if such damages, claims, losses
or injuries were foreseen or foreseeable. To the extent that
ant liability is not legally capable of being excluded, any
claim against us arising out of contract, tort or otherwise
shall be strictly limited to the amount you paid, if any,
for use of the service.
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