Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of the telecommunications services provided by SipTel Pty Ltd (ABN 51 652 932 922) ("SipTel", "we", "us", or "our"). By using our services, you agree to be bound by these Terms.

SipTel provides business telecommunications services including VoIP phone systems, hosted and on-premises PBX solutions, NBN and OptiComm internet services, mobile phone plans, desk phones, emergency failover solutions, and related equipment and support.

2. Definitions

• "Customer" means the person or business entity that has entered into an agreement with SipTel for the provision of services.
• "Services" means any telecommunications services, equipment, or support provided by SipTel.
• "Customer Network" means the customer's internal network infrastructure, including but not limited to LAN, WiFi, routers, switches, and cabling within the customer's premises.
• "Upstream Provider" means any third-party carrier, wholesaler, or network operator that SipTel relies upon to deliver services, including but not limited to NBN Co, OptiComm, and SIP trunk providers.

3. Eligibility

Our services are primarily designed for business customers operating within Australia. By entering into an agreement with SipTel, you confirm that you are authorised to act on behalf of the business entity and that you are at least 18 years of age.

4. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law ("ACL"). Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies you may have under the ACL or any other applicable consumer protection legislation.

Where permitted by law, SipTel's liability for a failure to comply with a consumer guarantee is limited to, at our election:

• The re-supply of the services; or
• The payment of the cost of having the services re-supplied; or
• A refund of the amount paid for the affected services.

For major failures, you are entitled to cancel the service and receive a refund for the unused portion, or to receive compensation for the drop in value of the services below the price paid.

5. Service Agreements

Specific service terms, pricing, and conditions are outlined in individual service agreements, quotes, or order forms provided to you. These documents form part of these Terms. In the event of a conflict between these Terms and a specific service agreement, the service agreement will prevail.

6. Service Availability and Third-Party Dependencies

SipTel aims to provide reliable and continuous service. However, we do not guarantee uninterrupted availability. Services may be affected by factors outside our control, including but not limited to:

• NBN Co or OptiComm network outages, maintenance, or degradation
• Third-party carrier or upstream provider disruptions
• Power failures at your premises
• Natural disasters or force majeure events
• Scheduled maintenance (we will endeavour to provide advance notice)

Third-party dependency: Many of our services rely on infrastructure and networks operated by third-party carriers and upstream providers, including but not limited to NBN Co, OptiComm, and various SIP trunk providers. SipTel is not responsible for the performance, availability, or outages of these third-party networks. We will use reasonable efforts to liaise with upstream providers to resolve issues, but we cannot guarantee resolution timeframes that are dependent on third parties.

Certain speed tiers and services may not be available at all locations. Availability is subject to network infrastructure at your premises.

7. Service Levels and Support

Unless a separate Service Level Agreement (SLA) has been agreed to in writing, the following standard service levels apply:

• Support hours: Monday to Friday, 8:30 AM to 5:30 PM AEST, excluding public holidays.
• Response time target: We aim to acknowledge support requests within 4 business hours during support hours.
• Critical issues: For complete service outages affecting all users, we aim to begin investigation within 1 business hour during support hours.
• Uptime: No specific uptime guarantee is provided unless agreed in a separate SLA. If you require guaranteed uptime, please contact us to discuss a tailored SLA for your business.

Emergency failover services are available as an add-on. Contact us for details on 4G backup and failover options.

8. Customer Network Responsibility

The customer is solely responsible for the configuration, maintenance, and performance of their internal network (Customer Network), including but not limited to:

• Local Area Network (LAN) infrastructure and cabling
• WiFi access points and wireless network performance
• Routers, switches, and firewalls not supplied by SipTel
• Quality of Service (QoS) configuration on customer-managed equipment
• Internal network congestion or bandwidth allocation

SipTel is not liable for service degradation, call quality issues, or connectivity problems caused by the Customer Network. We may recommend specific network configurations to optimise service performance, and failure to implement these recommendations may affect service quality.

Where SipTel has supplied and configured network equipment (such as a managed router), SipTel will support that specific equipment in accordance with the applicable service agreement.

9. Provisioning and Delivery Timeframes

All provisioning and delivery timeframes provided by SipTel are estimates only and are not guaranteed. Actual timeframes may vary depending on:

• Carrier and upstream provider processing times
• Infrastructure availability at your premises
• Completion of required site preparation by the customer
• Third-party installation scheduling

SipTel is not liable for delays in provisioning or delivery caused by third-party carriers, upstream providers, or factors outside our reasonable control.

10. Internet Services

Our NBN and OptiComm internet plans are provided on a 24-month contract basis with free installation (cabling not included). All plans include unlimited data unless otherwise specified. Speeds are indicative and may vary depending on your connection type, network congestion, and equipment.

Where applicable, the 12Mbps/2Mbps plan includes a 50GB per month data allowance and is available only in areas without NBN coverage.

11. VoIP and Phone Services

VoIP services require a stable internet connection. Call quality may be affected by internet speed, network congestion, and equipment. SipTel is not liable for call quality issues caused by your internet connection, Customer Network, or third-party networks.

12. Number Ownership and Porting

Telephone numbers are subject to the rules and regulations of the relevant carrier and the Australian Communications and Media Authority (ACMA). Number porting from your existing provider is available and subject to the porting processes of the losing carrier.

• SipTel will manage the porting process on your behalf, but porting timeframes are estimates and may be delayed by the losing carrier or other factors outside our control.
• SipTel is not liable for delays, failures, or temporary service interruptions during the porting process.
• If you wish to port your number away from SipTel, standard industry porting processes apply. All outstanding balances must be settled before or at the time of porting out.
• Number allocation and retention are subject to carrier rules and regulatory requirements.

13. Equipment

Desk phones, routers, and other equipment supplied by SipTel are covered by the manufacturer's warranty. SipTel will assist with warranty claims and equipment support during the term of your service agreement.

Equipment purchased outright becomes your property. Leased or rented equipment must be returned in good working condition at the end of the agreement term.

14. Payment Terms and Billing Disputes

All prices are quoted in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated. Invoices are issued monthly and payment is due within 14 days of the invoice date unless alternative terms have been agreed in writing.

Late payments may incur a late payment fee. If you wish to dispute an invoice, you must notify SipTel in writing within 14 days of the invoice date, providing details of the disputed amount and the reason for the dispute. Undisputed portions of the invoice remain payable by the due date.

SipTel will investigate billing disputes promptly and notify you of the outcome. If a billing error is confirmed, we will issue a credit or adjustment on your next invoice.

15. Suspension of Services

SipTel reserves the right to suspend or restrict your services (in whole or in part) in the following circumstances:

• Non-payment: If payment remains outstanding for more than 30 days after the due date.
• Suspected fraud: Immediately, if we reasonably suspect fraudulent activity, toll fraud, or unauthorised use of your account or services.
• Security risk: Immediately, if your use of the services poses a security risk to our network, other customers, or third parties.
• AUP breach: If you breach the Acceptable Use Policy (Section 16), we may restrict or suspend services with or without prior notice depending on the severity of the breach.
• Legal or regulatory requirement: If required by law, regulation, or a government authority.

Where possible, SipTel will provide notice before suspension. Suspension may include partial restrictions (such as blocking outgoing calls while maintaining incoming calls) rather than full service suspension, at SipTel's discretion.

16. Acceptable Use Policy

You agree to use our services in accordance with all applicable Australian laws and regulations. You must not use our services for:

• Unlawful, fraudulent, or malicious activities
• Sending unsolicited bulk communications (spam)
• Activities that interfere with or disrupt our network or services
• Reselling services without prior written consent from SipTel
• Generating artificial or excessive traffic to exploit pricing structures

17. Security and Fraud Prevention

The customer is responsible for maintaining the security of their account credentials, SIP credentials, PBX systems, and any devices connected to SipTel services. This includes but is not limited to:

• Using strong, unique passwords for all SipTel-related accounts and devices
• Securing PBX systems against unauthorised access and toll fraud (including SIP attacks, brute force attempts, and international call fraud)
• Keeping firmware and software on phones and network equipment up to date
• Notifying SipTel immediately if you suspect unauthorised access to your account or services

Toll fraud liability: The customer is responsible for all charges incurred on their account, including charges resulting from unauthorised use of their SIP credentials or compromised PBX systems. SipTel will use reasonable efforts to detect and alert customers to unusual call patterns, but we cannot guarantee detection of all fraudulent activity.

SipTel strongly recommends implementing firewall rules, SIP ALG configuration, and call barring for international destinations where not required for business operations.

18. Cancellation and Early Termination

For services on a fixed-term contract, early termination may incur an early termination fee as outlined in your service agreement. Month-to-month services may be cancelled with 30 days written notice.

Upon cancellation, any outstanding balances must be paid in full. Number porting away from SipTel is subject to the standard porting process and settlement of all outstanding charges.

19. Limitation of Liability

Subject to Section 4 (Australian Consumer Law), to the maximum extent permitted by law, SipTel's liability for any claim arising from or related to our services is limited to the fees paid by you for the affected service in the three months preceding the claim.

SipTel is not liable for indirect, consequential, or incidental damages, including loss of revenue, data, or business opportunities, arising from the use or inability to use our services.

SipTel is not liable for any loss or damage arising from:

• Outages or performance issues caused by upstream providers or third-party carriers
• Issues caused by the Customer Network or customer-managed equipment
• Toll fraud or unauthorised access resulting from the customer's failure to secure their credentials or systems
• Delays in provisioning, porting, or installation caused by third parties

20. Indemnification

You agree to indemnify and hold harmless SipTel, its directors, employees, and agents from any claims, losses, damages, or expenses (including legal fees) arising from your use of the services, breach of these Terms, or violation of any applicable law.

21. Privacy

Your personal information is handled in accordance with our Privacy Policy. By using our services, you consent to the collection and use of your information as described in that policy.

22. Dispute Resolution

If you have a complaint about our services, we encourage you to follow this escalation process:

1. Step 1 -- Contact our support team: Email [email protected] or call 1300 007 478 during business hours. We will acknowledge your complaint within 2 business days.
2. Step 2 -- Escalation to management: If your complaint is not resolved to your satisfaction within 10 business days, you may request escalation to a manager by emailing [email protected].
3. Step 3 -- Telecommunications Industry Ombudsman (TIO): If we are unable to resolve the dispute after following the above steps, you may refer the matter to the TIO. The TIO provides a free and independent dispute resolution service for residential and small business customers of telecommunications companies in Australia. Visit www.tio.com.au or call 1800 062 058.

23. Changes to These Terms

SipTel may update these Terms from time to time. We will notify you of material changes by email or through our website. Continued use of our services after changes are published constitutes acceptance of the updated Terms.

24. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes arising under these Terms are subject to the exclusive jurisdiction of the courts of New South Wales.