Special Terms and Conditions for Hosted Phone System
Special Terms and Conditions for Hosted Phone System
These Special Terms and Conditions are to be read in conjunction with the LocalCom’ Particulars and Standard Terms and Conditions.
1.1 Responsibility for Third Party Use
You must ensure that third parties using the Service do so in accordance with the terms of this Agreement. You accept responsibility for any act by a third party that You permit to use the Service as if the act was performed by You.
1.2 Features of the Service
(a) LocalCom will endeavour to provide the Service in accordance with the description set out in the Particulars, but may change some elements of the description at any time for operational or network planning reasons. LocalCom will use its reasonable endeavours to ensure that such changes do not adversely impact Your use of the Service.
(b) The Service has the features set out in the description and applicable Fees. You agree that LocalCom may at any time, and without first telling You or asking for Your consent:
- modify or replace one or all of the features of the Service; or
- provide additional features to those set out in the description.
1.3 Call Termination
You are responsible for ensuring that all calls that You or another person (with or without Your consent) initiates on the LocalCom network are terminated.
1.4 Near Real time billing
Within 24 hours of call termination, LocalCom will endeavor to provide details of the successful calls initiated by You, via the LocalCom customer self-care website. From time to time there may be a delay between calls made and calls loaded onto the website. If for any reason a delay occurs, LocalCom will bear no responsibility on Your reliance upon this Service.
1.5 Necessary interruptions
From time to time necessary interruptions to the Service may occur for reasons such as maintenance or upgrades.
1.6 Emergency Services
(a) You acknowledge and understand that dialing 000 emergency services do not function correctly if you move or otherwise change Location. In the event that you dial an emergency service number from the Service, the Service address provided by you to LocalCom will be displayed to the emergency services operator.
(b) It is Your responsibility to notify LocalCom of any changes to Your Location.
(c) In the event of a power failure or disruption to Your broadband internet connection, You will not be able to use the Service to contact emergency services. For this reason we recommend that You have an alternative medium of contact, such as a mobile telephone.
1.7 Equipment and Access
(a) In order to access the Service, You:
- will need a dedicated fixed line broadband internet connection, such as ADSL 2+;
- will need an IP Phones;
- may need extra hardware depending on Your set up e.g router, switches.
(b) Unless otherwise agreed with Us in writing, the Service must be accessed with hardware approved by LocalCom.
(c) You agree that when installing the Service, LocalCom accepts no responsibility for damage to the End User Equipment (EUE) or Your personal property. LocalCom limits that liability to the fullest extent under the law, as You are provided with manufacturer user guides and offered technical support.
(d) You agree and accept that the ability to use the Service and associated features will depend upon the features and functionality of Your hardware, as well as LocalCom’ network.
(e) You may purchase Equipment from LocalCom for use in connection with the Service. The manufacturer’s warranty in any such Equipment, and title to that Equipment passes to You when You pay for it. Risk in that Equipment passes to You upon delivery.
1.8 Codec Requirements
If You are using other internet related software or hardware, You will require additional upload/download speed to avoid interruption to Your LocalCom Service.
1.9 Firewall and Security Devices
LocalCom will not accept liability for any change, or consequence that may occur as a result of changes, to firewalls or other security devices, which may be required to use the Service.
1.10 Required Ports
(a) Use of the Service may require You to open/forward UDP ports in Your firewall or other security devices. This is to allow communication of the SIP protocol and voice traffic.
(b) LocalCom can supply the complete port settings upon request. Port settings may change from time to time; LocalCom will notify You via email if these settings change.
1.11 Broadband speed
(a) The speed required for the Service will depend largely on Your network demands.
(b) Generally, a ADSL 2+ connection is recommended, however other fixed line media are also acceptable e.g. Cable Internet.
1.12 Network Coverage
(a) The LocalCom network is not free from faults or interruptions. The Quality of Service (QoS) and each of its features may be subject to congestions, “dropouts” and/or loss of data.
(b) Coverage is dependant on the availability of a broadband connection in any given area.
1.13 External interruptions
(a) Because the LocalCom network is dependent on the networks of other Carriers over which LocalCom have no control, certain features of the Service may not be available when You are using the Service, and we do not guarantee the quality and reliability of the Service.
(b) Other factors such as third party hardware and/or software together or Your Broadband Internet connection may also cause interruptions to the Service for which LocalCom takes no responsibility.
(c) LocalCom will not be liable to provide the Service to You if it becomes impracticable to do so due to causes beyond LocalCom’ reasonable control, including, without limitation, acts of God, civil disorder or war, national or local emergency, adverse weather conditions, industrial dispute or acts or omissions of other carriers or Carriage Service Providers or any authority.
1.14 Effect of Geographic numbers
(a) The Telecommunications Numbering Plan 1997 is administered and regulated by the Australian Communications and Media Authority (ACMA).
(b) The Numbering Plan stipulates that “a geographic number must not be used except in connection with the supply of a local service” meaning that geographic telephone numbers such as the type used and allocated with the Service may only be used within their allocated geographic area. For example, You are not permitted to use a Melbourne number in Sydney or a number registered to the Clayton Standard Zoning Unit in the Melbourne Standard Zoning Unit.
You agree that You or any other person using the Service may not be able to receive material if:
- Your EUE has not been appropriately configured;
- Your broadband connection has insufficient bandwidth to enable it to receive the material;
- Your broadband connection is disabled, disconnected or disrupted.
While LocalCom will exercise due care and skill in providing the Service, You agree that:
- Your ability to use the Service to access, use or send material (voice data), will depend upon the features and functionality of Your EUE and the nature and quality of the material sent;
- LocalCom does not provide any security (such as encryption) over any material You send; and
- You are responsible for any reliance on or use of any material You send.
1.17 Calling Number Display (CND)
(a) You agree that if you do not block CND, when a call is made from the Service, Your telephone number may be displayed on the EUE of the called party.
(b) You agree that if a party calling the Service has not blocked CND for calls made from their equipment, the telephone number of the calling party may be displayed on Your EUE, if the EUE is technically capable of displaying CND and therefore You shall have no claim against LocalCom in this regard.
(c) You can block the CND permanently or on a call-by-call basis, except in the event of a LocalCom user calling another LocalCom user. Please be aware that the CND will be displayed when You contact emergency services, regardless of whether it has been blocked in the past.
1.18 Changing Pricing Plans
(a) We may in our absolute discretion agree with You to change Your Fees.
(b) LocalCom will only permit You to change Your choice of Fees once a month. Your Fees will be changed within 7 days of LocalCom receiving Your request and Your Fees and any included calls will be pro-rated.