Terms and Conditions

Terms of Use – Master Services Agreement
HC Mobile Pty Ltd, Terms and Conditions of Use

1. TERMS OF SERVICE

1.1 These terms of service constitute the agreement between HC Mobile Pty Limited (we or us) and the end user (you, your or customer). By activating or using any of the services, you represent that you are authorised to enter into this agreement and that you have read and understood the terms and conditions of this agreement.

1.2 Additional terms may apply to your use of some of our services. If so, we will tell you what those terms are. If there is any conflict between these terms and any additional terms, the additional terms will prevail.

2. OUR SERVICES

2.1 We are not obliged to provide services unless we accept your application. We can decide whether or not to accept any application.

2.2 You understand that the VoIP service is not a traditional phone service and is provided on a best efforts basis. We will use all reasonable endeavours to make our services available to you at all times, however things beyond our control such as power outages or the performance of your IP connection to our service may disrupt the service we provide.

2.3 You accept that our services are not required to support emergency calls.

2.4 Unless otherwise agreed, we do not provide or support your internet connection. You accept that HC Mobile might not be compatible with non-voice communications equipment such as alarms, fax machines, Foxtel and St John Alarms.

3. CHARGES AND PAYMENT

3.1 To use our payable services you must have a credit balance on your account and agree to use the provided Credit Card deposit facilities to deposit a credit balance onto your account and this can be done online at hcmobile.hccloud.com.au.

3.2 We reserve the right to change our rates from time to time and if we increase any rates we will give you as much notice as reasonably possible.

3.3 You are responsible for your account and must pay our charges regardless of whether you or someone else uses those services.

3.4 If you wish to raise a billing dispute you must notify us in email within 30 days of your account being debited or you will be deemed to have waived your right to a refund.

3.5 No refunds will be provided for any unused credit balances. A credit balance for an account that has been inactive for 6 months will be lost.

3.6 All transactions are processed in Australian Dollars.

4. USING OUR SERVICES

4.1 You must not use our services (or permit our services to be used) in a way that: breaks any laws or infringes anyone’s rights or in a way which is malicious, obscene or offensive.

4.2 You agree to provide us with accurate and correct information so we can provide you with the necessary services or contact you if required from time to time.

4.3 We can suspend or restrict the services we provide you at any time if:

i. you resell any of our services;

ii. you do not use the service sensibly and within our reasonable use guidelines set out in 4.4 below;

iii.we believe that you have breached any of our terms and conditions.

4.4 Unlimited local and worldwide minutes on HC Mobile plans are available on the basis of reasonable use. If you use the service in a way that is inconsistent with the normal use for your service or plan we may:

i. monitor and investigate your usage; and

ii. suspend and/or withdraw the Service; or

iii. charge our standard per minute rate for additional calls

4.5 You must keep secure any password or PIN number which is used by you to access our services and ensure that is it not disclosed to any unauthorised person. You must also change your password or PIN number if we ask you to do so.

4.6 If your service is cancelled, terminated or reallocated you will relinquish and discontinue use of any numbers, voicemail access numbers and/or web portals assigned to you by HC Mobile.

5. PHONE NUMBERS

5.1 Any phone number that we allocate to you does not become your property and does not constitute any transfer of property rights.

5.2 If we need to change your number we will send you notification by email and give you as much notice as possible.

5.3 We can withdraw or terminate any number at any time without liability.

5.4 You may be able to port your HC Mobile number to another service provider. If you wish to do so you must contact the other service provider directly and you will be responsible for completing the Porting requirements of that service provider. We will comply with our obligations under the Terms for Local and Mobile Number Portability in relation to the porting of your number. You will be responsible for all costs associated with porting the number.

5.5 If your account is inactive for more than 6 months or disconnected and you have not ported the associated phone number(s), we may at our sole discretion reallocate the number(s) associated with your account.

6. TERMS

6.1 We can terminate this agreement, or the provision of any service to you, immediately if you breach any term of this agreement or if we reasonably believe that you have supplied incorrect or misleading information to us.

6.2 If this agreement is terminated for any breach or misuse of the service, you are not entitled to a refund for any credit balances on your account, unless agreed otherwise.

6.3 In order to terminate your service, you must email us at the following address support@hcmobile.com.au. Termination will not take effect until the end of your current prepaid month.

7.  LIABILITY

7.1 We exclude all of our liability to you in connection with us providing services to you or failing to provide services to you. Without limiting this, we are not liable to you (and nor are any of our officers, employees, contractors or agents liable to you):

i. if any communication is intercepted, not properly transmitted or received;

ii. for any disruptions or delays with the use of our services;

iii. for any incompatibility with other services;

iv. if any software we supply does not operate properly; and

v. for any equipment or network failures.

7.2 We are not liable to you for any fault in, delay or non-provision of services which is caused by an event beyond our reasonable control.

7.3 If you use another service provider during any period when our service is not fully operational, we are not liable to pay any amount you are charged by that service provider.

7.4 You acknowledge that no third party whose network or services we use to supply services to you (nor any officer, employee, contractor or agent of such third party) is in any way liable to you in connection with our services.

7.5 Nothing in this clause limits any rights you have under the Consumer Guarantees Act.

8.  PRIVACY

8.1 We will collect personal information from customers to provide and provision services, including but not limited to name, physical address, email address, contact phone number and credit card information.

8.2 Any personal information we collect is kept at our offices. You are entitled to see any information we hold about you, although you must pay our reasonable charge for making it available.

8.3 Except where we provide private encrypted links, when transmitting voice and other communications via the public internet and third party networks we are not liable for any lack of privacy with the service.

9.  CHANGING THESE TERMS

9.1 We can change these terms from time to time by giving you as much notice as reasonably possible. We will inform you of any change to our terms by emailing you and by providing relevant information on our website. The latest terms and conditions are available at www.hcmobile.com.au.

10.  NOTICES

10.1 HC Mobile will communicate with you primarily via email. Notices to you will be sent to the email address specified by you during sign up for service or as subsequently specified by you as your contact email address. We may also obtain personal information from your use of our services.

10.2 If your contact email address changes you must advise us of the new details as soon as possible.

10.3 You agree that sending a message to your contact email address is the agreed means of providing notification.Notifications include information about the service, billing, changes to services and other information. You are required to read any email sent to your contact email address in a timely manner to avoid any potential disruption to your service.

11.  OTHER MATTERS

11. These terms are to be interpreted in accordance with the laws of the Supreme Court of South Australia. Any dispute regarding the provision of our services under these terms is to be determined Supreme Court of South Australia.

11.2 You must not assign your rights under this agreement. We can transfer our rights and obligations under this agreement to anyone else. We will notify you if we do so.

11.3 A delay in exercising any right is not a waiver of that right. A failure to exercise a right on any occasion does not prevent any subsequent exercise of that right.

12.  CREDIT CARD SECURITY POLICY

When processing a transaction with HC Mobile your financial details are passed through a secure server using the latest 128-bit SSL (Secure Sockets Layer) encryption technology. 128-bit SSL encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer support centre by email support@hcmobile.com.au or by phone at +618 8231 6444.

13.  PHONE SYSTEMS

13.1 Implementation process as follows:

i. Phone system contract signed

ii. Deposit received / Finance settled

iii. Onsite visit Site Audit

iv. Line Audit (identify free Telstra line and which site sits where)

v. HC Order dedicated internet service and modem

vi. Tech onsite visit to tag line and connect modem

vii. Configure Hosted PABX and phones and deliver to client

viii. Onsite / Install phones

ix. Training / CUTOVER (Same day client to contact Telstra and divert phones to new system)

x. Customer to contact existing carrier to prep numbers for porting (HC will advise on what/how)

xi. HC to Submit Ports

xii. 2-6 weeks later Ports should be complete

13.2 Hosted Phone System is an online Prepaid Service:
Please note this is a prepaid service. The system requires a credit card and bills as per agreed thresholds. You will always be notified when a direct debit is made and all thresholds can be regulated.

13.3 Monthly fees while setting up:

i. Monthly dedicated Internet charge will be billed from setup and is payable from this date even though this may be 1–2 months before system goes live

ii. Plan charges (hosting fee, channels and in dials) will be billed from the date of phone system configuration and may be billed 1–2 months prior to system going live

iii. Finance settles upfront and payment begins at onset but total tenure remains the same.

13.4 Phone system Configuration.
We endeavour to be as flexible as possible in designing your phone system configuration so that it custom fits your business. Please understand that changes in configuration after phones have been configured may attract additional fees.

13.5 Audit results.
As part of our Audit we make every effort to ensure that your network infrastructure meets the requirements of running a hosted phone system. In the unlikely event that you have infrastructure issues (not easily identifiable in the audit) that affect the quality of service, the financial responsibility for repair is the clients (for example, the audit verifies cat 5 cable to each point but after installation, further investigation discovers that the cable in the ceiling is damaged).

13.6 Cabling / Minimum Network Requirements.
This quote assumes (after a quick visual inspection) that you have a spare Cat 5 (minimum cable) Point at each location a phone is required and that your communications area has clearly identified data points, enough space for additional switches / routers and spare power points. In the unlikely event that our audit finds otherwise, additional cabling varies in price but averages out at approximately $135 per point. This cost will be added to the cost of your phone system.

13.7 Line Audit.
The customer is required to supply a list of all existing numbers and services associated with these numbers.

13.8 Training.
The pricing structure on your contract indicates how many hours of training have been allocated to this project. In the event that you need further training, it is charged at $150 per hour.

13.9 Project Completion.
On completion of training and cutover of your new system, you will be asked to sign off on a training & hand over document. You will have an opportunity to document anything you feel is outstanding. Outside of these agreed outstanding issues and porting of your services, the project will be deemed to be complete. Any further support will then be billed as per the maintenance option you have selected.

13.10 Cutover.
Cutting over you phone system involves diverting your old main telephone number / numbers to your new phone system. Depending on the type of infrastructure you are running, this may be able to be done onsite. Alternatively you will need to call your existing provider.

13.11 Porting.
Preparation of ports requires you, the customer, to contact your existing supplier and ask to move / de-bundle a number of services (we will advise now to do this for your account). You may also need to move your Internet / Alarm / Eftpos or other services so that we minimise the number of services required to stay on your old Telstra infrastructure.

13.12 Fixed Pricing.
Pricing may or may not include cabling work and additional work required to bring your network up to required standards. The proposal should clarify what the expectation of additional cabling might look like.

13.13 Warranty.
All hardware comes with a 1-year warranty. Onsite and on call labour costs apply as they are not covered under warranty and are billed as per the maintenance option you have selected.

13.14 Quality of Service.
For dedicated Internet connections, at time of installation it is the responsibility of HC Mobile Communications to ensure that your dedicated Internet service offers clear call quality and a reasonable level of reliability. Although we are confident that both the quality and reliability of our managed service will remain consistent, we cannot guarantee this, however our helpdesk is available to you to help trouble shoot and resolve any issues. For non-dedicated / monitored services, we cannot Guarantee the quality or reliability of the service at all. HC Mobile Communications will not be held responsible for system issues that are outside of our control.

13.15 Redundancy.
Because your phone system is hosted, you have a number of redundancy options that would not be available to you with a regular, onsite phone system. Our helpdesk can support you with these if required.

13.16 Timely Delivery.
We endeavour to have your new system installed and running as soon as possible, however a typical installation may take up to 6-8 weeks. Occasionally, there are elements outside our control that increase this time frame.

13.17 Non-Payment.
In the event that payment is not received for any item or service that we supply, we reserve the right to block both incoming and outgoing calls on your phone system.

13.18 Cancellation Fees.
In the event that you wish to cancel this agreement, you will be required to make sure that the system has been paid in full and all financial contractual responsibilities met.

13.19 Other Terms and Conditions.
By signing your phone system contract, you agree, in principal to purchase the above mentioned phone system and connection to SIP City for 12 months. Delivery of your new phone system is subject to finance approval and / or timely payment of instalments. All Hardware remains the property of HC Mobile Communications until full payment has been received.

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