1. Acknowledgment and Acceptance of these Terms and Conditions of Use (the Agreement)
Subject to the following Terms and Conditions of use, aboutcoms is providing you (the END USER) with telecommunication and Internet services (aboutcoms SERVICE) .
By accessing this site and/or registering or using the SERVICE, you acknowledge receiving, reading and understanding this General Service Agreement (AGREEMENT) and accept the Terms and Conditions of use herein. If you do not agree to these Terms and Conditions of use, please do not use the site or the aboutcoms SERVICE. aboutcoms reserves the right, at its discretion, to update or revise these Terms and Conditions of use. Each time you log in or otherwise access this site or use the aboutcoms SERVICE following the posting of any changes to the Terms and Conditions of use, you hereby accept these changes regardless of whether you have checked or visited the Terms and Conditions of use portion of the site. These Terms and Conditions of use govern the use of the site and the service by viewers and other users.
You are solely responsible for actions and the content of your transmissions through or in connection with the aboutcoms SERVICE, it being understood that each of your employees act on behalf of any aboutcoms customer with which such employee is associated in all actions and submissions on or in connection with the SERVICE. You agree:
(a) to abide by all applicable local, state, national, and international laws and regulations in your use of the aboutcoms SERVICE;
(b) not to use the aboutcoms SERVICE for illegal purposes;
(c) without authorization from the owner, not to use or attempt to use another person's or entity's account, telephone number, aboutcoms SERVICE, system or other Confidential Access Information;
(d) to comply with all laws regarding the transmission of voice or technical data (including all export laws, regulations, and restrictions of Australia);
(e) not to make unsolicited contact, stalk, threaten, or harass anyone through, in connection with, or utilizing any data collected through the aboutcoms SERVICE;
(f) that aboutcoms neither endorses the content of any of your communications nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the aboutcoms SERVICE;
(g) not to interfere or disrupt networks connected to the aboutcoms SERVICE or otherwise attempt to interfere with the proper function of the aboutcoms SERVICE; and
(h) not to attempt to obtain unauthorized access to the aboutcoms SERVICE.
aboutcoms, at its sole discretion may immediately terminate your access to the aboutcoms SERVICE and/or this site should your conduct fail to conform to any provision of this AGREEMENT.
For the free IP to IP user, the aboutcoms SERVICE is provided to you for your personal use. This means that you are not to use it for any other activity that would be inconsistent with normal personal usage patterns. This also means that you are not to resell, package with equipment or transfer the aboutcoms SERVICE to any other person for any purpose, or make any charge for the use of the aboutcoms SERVICE, without express written permission from aboutcoms. aboutcoms reserves the right to immediately terminate or modify the aboutcoms SERVICE if it is determined, in its sole discretion, that a customer's aboutcoms SERVICE is being used for non-personal use.
For Individual aboutcoms SERVICE users, the aboutcoms SERVICE is provided to you as an individual user, for your personal use. This means that you are not to use it for any autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal individual usage patterns. This also means that you are not to resell or transfer the aboutcoms SERVICE to any other person for any purpose, or make any charge for the use of the aboutcoms SERVICE, without express written permission from aboutcoms.
For the Business aboutcoms SERVICE user, the aboutcoms SERVICE is provided to you as a business user. This means that you are not to resell or transfer the aboutcoms SERVICE to any other person for any purpose, without express written permission from aboutcoms. You agree that the business plans do not confer the right to use the aboutcoms SERVICE for auto-dialing, continuous or extensive call forwarding, (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting. aboutcoms reserves the right to immediately terminate or modify the SERVICE, if it determines, in its sole discretion, that the Business SERVICE is being used for any of the activities mentioned above.
6. Termination/Upgrade/Downgrade of Monthly Calling Plans
For aboutcoms Individual or Business monthly plan users, the aboutcoms SERVICE is provided on a monthly basis. The monthly plan activation date is deemed the anniversary date. The monthly plan will renew each month on the anniversary date unless you terminate it. You must provide a notice of termination in writing via email to the aboutcoms email address at least thirty days prior to the anniversary date. Monthly plan fees will not be prorated and/or refunded for the termination month. Notice of termination received after the required notice date will be effective for the next anniversary date. A set-up fee will be charged to reactivate plans that were previously terminated. Requests to upgrade or downgrade a monthly calling plan to a different calling plan must be submitted in writing (as set out above) to the email address of record. Any request to change an existing plan must be submitted at least five days prior to the monthly anniversary date. Requests to upgrade or downgrade a monthly plan are not automatic and are subject to approval by aboutcoms. Existing monthly plan customers that receive approval to change to a more expensive (upgrade) monthly plan may do so without having to pay another set-up fee. Existing monthly plan customers that receive approval to change to a less expensive (downgrade) monthly plan may be required to pay another set-up fee.
7. Prohibited Uses
Any End User's use of the aboutcoms SERVICE, or any other action that causes a disruption in the network, the integrity of the aboutcoms SERVICE or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the aboutcoms SERVICE and/or payment for damages relating to such conduct. The End User understands that neither the aboutcoms vendors nor aboutcoms is responsible for the content of the transmissions that may pass through the Internet and/or the aboutcoms SERVICE. You agree that you will NOT use the aboutcoms SERVICE in ways that violate laws, infringe on the rights of others, or interfere with the users, services, or equipment of the network. You agree and represent that you are using the aboutcoms SERVICE for your own internal use only, and that you shall not resell the aboutcoms SERVICE. The aboutcoms SERVICE is solely for your personal, residential and reasonable business use. Such use shall not include certain activities, including but not limited to any autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, or any other activity that would be inconsistent with personal, residential and reasonable business use patterns.
8. Changes to the Terms and Conditions of Use and aboutcoms SERVICE
aboutcoms may change these Terms and Conditions of Use from time to time at its discretion without prior notice. aboutcoms reserves the right to change, suspend or cancel the aboutcoms SERVICE, temporarily or permanently, with or without notice to the End User. aboutcoms will not be liable to either you or any third party in the event that aboutcoms exercises this right.
9. Telephone Numbers
Any telephone number provided to you (the Number) shall be treated as being leased (not sold) to you. Therefore, you shall not obtain any rights, title or interest in the Number. The Number is not portable to other service providers. You are not to use the Number with any other device other than the approved equipment (the Equipment) without the express written permission of aboutcoms. aboutcoms reserves the right to change, cancel or move the Number at its discretion. Upon expiration, cancellation or termination of the aboutcoms SERVICE, you shall relinquish and discontinue use of any telephone numbers, voice mail access numbers and/or web portals assigned to you by aboutcoms.
aboutcoms does not currently charge any fees to use the free Internet calling aboutcoms SERVICE for IP to IP users on its network. aboutcoms, however, reserves the right to change this policy at its sole discretion without prior notice. You may then be responsible for paying the costs for any software, hardware, or internet/broadband connection charges necessary to access and use the aboutcoms SERVICE.
All aboutcoms paid services aboutcoms may at it sole discretion provide accounts for use of the aboutcoms SERVICE to business customers. The process for providing an account will require a credit assessment of your business by aboutcoms.
In its sole discretion and at any time, aboutcoms may terminate your aboutcoms SERVICE if any charge to your authorised account is declined or reversed.
You must pay your account within 14 days of month end to aboutcoms via cheque, direct deposit.
You are responsible for, and shall pay, any applicable federal, state, provincial, municipal, local or other government fees and charges, excise, GST, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or are as a result of your subscription or use or payment for the aboutcoms SERVICE or a Device. Such amounts are in addition to payment for the aboutcoms SERVICE or Devices and will be billed to your account.
15. Technical Support
aboutcoms provides you with technical support at its sole discretion and is limited to the aboutcoms SERVICE and aboutcoms Equipment provided as part of an aboutcoms agreement. Help Desk support is rendered by aboutcoms, and is available by phone and email during business hours (being 9 00am to 5 00pm Eastern Standard Time), and via email at times outside these business hours. Help Desk support for other applications and uses than is detailed in this agreement are neither provided or implied.
In its sole discretion, aboutcoms reserves the right to suspend or discontinue your access to all or part of its site or the aboutcoms SERVICE, with or without notice. aboutcoms will not be liable to you or any third party for termination of the aboutcoms SERVICE.
You agree to defend, indemnify and hold harmless, aboutcoms, its directors, officers, shareholders, affiliates, agents, successors, assigns and vendors, from any claims or damages relating to these Terms and Conditions of Use or a breach or violation of this Agreement, including reasonable attorneys' fees.
18. Critical Components: All clauses relating to 000 number do not apply to Business Gateway customers
000 services via gateways are delivered via the PSTN network and operate as normal phone
systems without any need for modification.
EMERGENCY SERVICES - 000 Service
18.1 Registration of Physical Location Required for Emergency Response Centre Access. (SIP service Only) All business gateways divert 000 emergency calls directly via the PSTN network.
You acknowledge and understand that for each interconnected Number that you use for the aboutcoms Service, you must register the physical location where you will be using the aboutcoms Service with that Number with aboutcoms. When you move the Device to another location, you must register your new location with aboutcoms. If you do not register your new location with aboutcoms, any call you make to the OOO Emergency response Centre service (000 Service) feature may be sent to an Emergency Response Centre at your old address. You will register your initial location of use with aboutcoms when you subscribe to the aboutcoms SERVICE.
18.2 Confirmation of Activation Required.
You acknowledge and understand that your 000 Emergency response Centre Service will not be activated for any phone line that you are using with the aboutcoms SERVICE, unless and until you have submitted a verified address.
18.3 How Emergency Personnel are contacted.
You acknowledge and understand that 000 Emergency Response Centre contracts with a third party to use the address of your registered location to determine the nearest Emergency Response Centre. You hereby authorize aboutcoms to disclose your name and address to third-party service providers, including, but without limitation, call routers, call centres and public service answering points, for the purpose of dispatching emergency services personnel to your registered location.
18.4 SERVICE Outages.
(a) aboutcoms SERVICE Outages Due to Power Failure or Disruption. (Applies to Sip Services Only) (All multipath gateway customers have relay failover built into their gateways)
You acknowledge and understand that the 000 Emergency Response Centre service will not function in the event of a power failure or disruption. If there is an interruption in the power supply, the aboutcoms SIP SERVICE, including the 000 Emergency Response Centre service, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the aboutcoms Device prior to utilizing the aboutcoms SERVICE, including the 000 Emergency Response Centre service.
(b) aboutcoms SERVICE Outages Due to Internet Outage or Suspension or Termination of Broadband SERVICE or ISP Service.
You acknowledge and understand that SERVICE outages or suspensions or terminations of service by your broadband provider or ISP will prevent the aboutcoms SERVICE, including the 000 Emergency Response Centre service, from functioning with SIP only devices.
(c) aboutcoms SERVICE Outage Due to Suspension or Termination of Your Account.
You acknowledge and understand that aboutcoms SERVICE outages due to suspension or termination of your account will prevent the aboutcoms SERVICE.
(d) SERVICE Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. (Does not apply to Business Gateway customers)
You acknowledge and understand that you're ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the aboutcoms SERVICE is provided or otherwise impede the usage of the aboutcoms SERVICE. In that event, provided that you alert aboutcoms to this situation, aboutcoms will attempt to resolve the issue. During the period that the ports are being blocked or your aboutcoms SERVICE is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your aboutcoms SERVICE, including the 000 Emergency Response Centre service feature, may not function. You acknowledge that aboutcoms is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the aboutcoms SERVICE, and any loss of aboutcoms SERVICE, including 000 Emergency Response Centre service, that may result. In the event you lose aboutcoms SERVICE as a result of blocking of ports or any other impediment to your usage of the aboutcoms SERVICE, you will continue to be responsible for payment of the aboutcoms SERVICE charges unless and until you terminate the aboutcoms SERVICE in accordance with this Agreement.
(e) Other aboutcoms SERVICE Outages.
You acknowledge and understand that if, for any reason, there is a aboutcoms SERVICE outage, such outage will prevent all aboutcoms SERVICE, including the Emergency Response Centre 000 service, from functioning.
18.5 Re-Verifying Your Address if Required
If you change your number or add or port new numbers, you acknowledge and understand that the 000 emergency Response Centre service will not function unless and until you successfully register your location of use for each changed, newly added or newly ported phone number.
18.6 Network Congestion; Reduced Speed for Routing or Answering 000 Emergency Response Centre Service Calls.
You acknowledge and understand that there may be a greater possibility of network congestion and/or reduced speed in the routing of a 000 Emergency Response Centre service call made utilizing the aboutcoms SERVICE as compared to traditional 000 Emergency Response Centre service over traditional public telephone networks.
18.7 Possible Lack of Automatic Number Identification.
You acknowledge and understand that it may or may not be possible for the local emergency personnel to automatically obtain your phone number when you use the 000 Emergency Response Centre service (the 000 Service) with a SIP only service. As a result, the operator who answers your 000 Service call may not be able to automatically obtain your phone number and call you back if the call is not completed or is not forwarded, is dropped or disconnected, if you are unable to speak to tell the operator your phone number, or if the 000 Service is not operational for any reason.
18.8 No Automated Location Identification.
You acknowledge and understand that in most service areas, it is not possible to transmit to the local emergency response centre, the address that you registered for 000 Service. You will need to state the nature of your emergency promptly and clearly, including your location (and possibly your telephone number), as the operator may not have this information. Emergency personnel will not be able to find your location if the call is not completed or is not forwarded, is dropped or disconnected, if you are unable to speak to tell the operator your location, or if the aboutcoms SERVICE is not operational for any reason.
18.9 Disclaimer of Liability and Indemnification.
You acknowledge and understand that aboutcoms does not have any control over whether, or the manner in which, calls using our 000 Service are answered or addressed by any local emergency response centre. aboutcoms disclaims all responsibility for the conduct of local emergency response centres.
You acknowledge and understand that aboutcoms relies on third parties to assist it in routing 000 Service calls to local emergency response centres. aboutcoms disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither aboutcoms , nor its officers or employees, may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 000 Service unless such claims or causes of action arose from aboutcoms's gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless aboutcoms , and or any of its subsidiaries, officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the aboutcoms SERVICE, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, but without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the aboutcoms SERVICE, including 000 Service, incorrectly routed 000 Service calls, and/or the inability of any user of the aboutcoms SERVICE to be able to use 000 Service or access emergency service personnel.
18.10 Alternate 000 Arrangements.
You acknowledge and understand that aboutcoms strongly encourages you to have an alternate means of accessing traditional 000 Services should you decide to terminate the aboutcoms SERVICE. aboutcoms does not recommend you rely on a non-traditional 000 service in an emergency.
18.11 000 Fees.
You acknowledge and understand that aboutcoms may charge a fee for each call made to the 000 Service.
You acknowledge and understand that abusing the 000 Service, by making false or prank calls are a crime. If you commit such an act, your account will be terminated and your local and state governments may prosecute you.
19. Disclaimer of Warranties and Limitation of Liability
To the full extent permissible by applicable law, aboutcoms disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. aboutcoms does not warrant that this site, e-mail sent from this site, aboutcoms's equipment and servers, or the aboutcoms SERVICE is free of viruses or other harmful components. aboutcoms will not be liable for any damages of any kind arising from the use of or inability to use this site, including, but not limited to direct, indirect, incidental, punitive, special, exemplary and consequential damages. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if aboutcoms has been advised of the possibility of such damage. aboutcoms makes no representations or warranties of any kind express or implied, as to the operation of this site and/or the aboutcoms SERVICE or the information, content, materials, or products included on this site. aboutcoms makes no warranty that:
(i) this site or the aboutcoms SERVICE will meet your requirements,
(ii) this site or aboutcoms SERVICE will be uninterrupted, timely, entirely secure or error-free,
(iii) the results that may be obtained from the use of this site or aboutcoms SERVICE will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased or obtained by you through this site or aboutcoms SERVICE will meet your expectations, and
(v) any errors in this site or the aboutcoms SERVICE will be corrected.
aboutcoms will not be liable for any direct, indirect, consequential, incidental or special damages, whether foreseeable or not, which may result from use or access to this site and/or the aboutcoms SERVICE. You understand and agree that the use of this site and/or the aboutcoms SERVICE is at your sole risk and discretion and is on an "as is" and "as available" basis. You also understand and agree that you will be solely responsible for any damage resulting from your use of this site or the aboutcoms SERVICE, including damage to your computer system or loss of data that results from material or data that is downloaded from this site.
aboutcoms is not responsible for the content on the Internet or the World Wide Web not otherwise located on this site. As a convenience to you, aboutcoms may provide links to resources that are beyond its control. aboutcoms makes no representations as to the quality, suitability, functionality or legality of any sites to which it may provide links, and you hereby waives any such potential claim you may have against aboutcoms.
20. No Consequential Damages
In no event shall aboutcoms , its officers, directors, employees, affiliates, agents, successors, assigns or any other service provider who furnishes services to you in connection with this Agreement or the aboutcoms SERVICE be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the aboutcoms SERVICE, including inability to be able to dial the 000 Service or to access emergency service personnel through the aboutcoms SIP ONLY SERVICE. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not aboutcoms was informed of the likelihood of any particular type of damages.
21. Your Remedies for Breach of these Terms and Conditions of Use
In the event that aboutcoms determines, at its sole discretion, that you have breached any portion of these Terms and Conditions of Use, or have otherwise demonstrated conduct inappropriate for our site, aboutcoms reserves the right to:
warn you via email that you have violated this Agreement;
delete any or all content provided by you or your agent(s) to this site
discontinue your access to the aboutcoms SERVICE or this site
notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
any other action which aboutcoms deems to be appropriate.
22. Governing Law
This Agreement is governed by the laws of the State of Queensland Australia without regard to its conflicts of law provisions. You acknowledge and agree that Queensland courts have jurisdiction over this Agreement.
23. Copyrights and Trademarks
All Intellectual Property (content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) is the property of aboutcoms or its content suppliers and is protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of aboutcoms and protected by Australian and international copyright laws. You may not post to this site, use the aboutcoms SERVICE and/or copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer, any material subject to any Intellectual Property. You have the burden of determining whether any information, software, images or any other content on the aboutcoms site is not protected by any Intellectual Property rights.
When you register as a member of aboutcoms, you will be required to provide us with an End User ID and password as well as other confidential access information (Confidential Access Information).
Except to the extent necessary to comply with applicable laws, police investigations or in legal proceedings where such information is relevant, aboutcoms will not sell or provide to any third party your name, address, email address and End User ID, unless you provide your informed consent. aboutcoms may grant third parties providing technical services to it access to its database only to the extent necessary to provide such technical services. In those instances, such third parties are bound by these Terms and Conditions of Use. Your informed consent shall be in the form of an "opt in" or similar policy. In addition, aboutcoms may assign, sell, license, or otherwise transfer to a third party its entire database, including Confidential access Information, in connection with an assignment, sale, joint venture, or other transfer or disposition of all or a significant portion of the assets or shares of aboutcoms.
You are responsible for maintaining the confidentiality of your Confidential Access Information. You shall be responsible for all uses of your Confidential Access Information, whether or not authorized by you. You agree to immediately notify aboutcoms of any unauthorized use or compromise of your Confidential Access Information.
25. Linking to the Site
You may provide links only to a home page provided:
You do not remove or obscure, by framing or otherwise, the copyright notice, content or other notices on this site,
You provide aboutcoms prior written notice of any such link via email, and
You discontinue providing links to this site if notified to do so by aboutcoms.
In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to this Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
The failure of any party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
aboutcoms may assign its rights and obligations under this Agreement and upon such assignment aboutcoms may be relieved of any further obligation hereunder. This Agreement, and any modifications of this Agreement by aboutcoms as provided above, constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of this Agreement will, at the election of aboutcoms, be deleted or modified to correct the defect and, regardless, the remainder of the terms of this Agreement will remain valid and enforceable.
27. Consent to Receive Electronic Documents
By accessing this site and using the aboutcoms SERVICE, you are agreeing to receive, from aboutcoms ,electronic documents, billing reports, statements and records (electronic records) in lieu of paper documents, statements and records. Your electronic records may be emailed to you to the email account that you provide, accessed through this site using your Confidential Access Information or otherwise electronically provided to you. By accessing this site and using the aboutcoms SERVICE, you are also agreeing to the use of electronic signatures in lieu of (and in addition to) wet-ink, physical signatures. You may request a paper copy of any electronic record that aboutcoms sends to you by sending an email request to aboutcoms. You can also request this by sending a written request to aboutcoms. You will be charged $10.00 for every paper record that you request prior to your cancellation of consent. You can withdraw your consent to receive electronic records from aboutcoms by sending an email message to email address of record or by sending a written letter. You will be charged a $10.00 cancellation of consent fee. This consent applies to all electronic records that aboutcoms may send you. Your withdrawal of this consent will not affect the legal effectiveness, validity or enforceability of any electronic record that aboutcoms provides to you prior to the withdrawal of such consent. If you change your email address to receive electronic records, you must notify aboutcoms of your new email address by sending an email or written letter to the aboutcoms address of record.
You represent to aboutcoms that you have the authority and capacity to understand and agree to these Terms and Conditions of Use.Cancellation of services We will not ordinarily charge you a cancellation fee or cancellation charge, provided the notice period for your service agreement is adhered to, being a minimum of 30 days or a maximum of 90 days depending on the service entered into. Should you terminate our service without cause or notice a cancellation fee of up $400.00 to compensate for loss of income may apply. Further you acknowledge that, equipment supplied may contain software and other information that is the property of aboutcoms and if equipment is not being returned to aboutcoms, we require access to remove our software and confidential system information.
- that you have read, understood and accept these Terms and Conditions of Use; and
- that these Terms and Conditions of Use have the same force and effect as a signed agreement and
- that aboutcoms may change our tems and conditions at any time without notice.