SmartVoice Prepaid VOIP Service - Terms and Conditions

Definitions 
"Comvergence Pty Ltd", "SmartVoice", "Comvergence", "Our", "We" and "Us" means Comvergence Pty Ltd Trading As SmartVoice. 
The "Customer", "You", "There" and "Your" means the end user of our services "Service" means access to the Comvergence VoIP Network and other voice networks over Comvergence maintained voice networks.

1 General 
1.1 By accepting the supply of the SmartVoice VoIP Service, you accept these terms and conditions. You acknowledge that the terms and conditions, including relevant Charges, may be varied from time to time by Comvergence Pty Ltd trading as SmartVoice ("SmartVoice") giving you not less than 14 days written notice unless otherwise specified in this agreement. 

1.2 SmartVoice is provided by Comvergence Pty Ltd trading as SmartVoice, A.C.N 116 560 742, A.B.N 70 291 757 841.

2 The Service 
SmartVoice Prepaid VOIP is a telephony service, which makes and receives calls over the Internet using an IP Phone, Softphone, IP PBX or Adapters/IAD. SmartVoice will carry all local, national long distance calls, calls to mobiles, Special Access and international calls made through the service. Each Service will be issued with a Internal Number. The SmartVoice Prepaid VOIP service will not permit carriage of calls to Data Services (0198), Calling Card Services (189) and VPN Services (188). SmartVoice Prepaid VoIP can also be accessed via a Calling Card Access Number to make outgoing Calls Only. If you choose to make calls through the Calling Card Access Number, you may be charged a higher rate for the calls made or charged to access the Local Access Number by the local access provider. SmartVoice may also supply you with a Call Forward Number (Bounce Number). A Bounce number is an Australian Geographic Number that will be forwarded to your SmartVoice Prepaid Service. You may have multiple Bounce Numbers. You acknowledge that SmartVoice may use the services of another carrier in supplying the Services. 

3 Use of the Service 
3.1 The customer must provide the items (if any) necessary to make the connection to our services possible. 

3.2 CPE (Customer Premises Equipment) is defined as equipment owned by the customer and located at their premises. Purchases, Installation and configuration of this equipment and or software used for connecting to the SmartVoice service is the responsibility of the customer. 

3.3 Equipment Purchased from SmartVoice will be covered by an equipment specific warranty. The connection, configuration and installation of any hardware and software purchased from SmartVoice remain the sole responsibility of the customer. Where possible we will assist in configuring the hardware/software with your existing equipment and software. 

3.4 You acknowledge and agree to ensure that your User Information is kept up to date at all times. SmartVoice is not liable if the service(s) are not used as per their documented specifications. 

3.5 You agree not to use, or allow another person to use, the Service: 
     a) to infringe another person's rights; 
     b) in a manner that may expose SmartVoice to liability; 
     c) in any way that may damage any Equipment, or interfere with or interrupt the Service or any other 

         telecommunications network, equipment, facilities or cabling controlled or utilised by SmartVoice, or any other 

         supplier of telecommunications services; 
     d) in any way that may damage any property or injure or kill any person; 
     e) to transmit, publish or communicate any defamatory, offensive, abusive, indecent or menacing material; 
     f) to make any hoax call, including calls to an emergency service; 
     g) to violate or infringe any duty or obligation owed to any person under law; and 
     h) to commit, or in relation to the commission of, an offence under any law of the Commonwealth or any of the 

        States or Territories. 
     i) You must not supply this service for re-sale. 

3.6 Numbering (Bounce Numbers) 3.6.1 Issue of Numbers 
a) SmartVoice may issue a Number to the Service and vary that Number in accordance with any national regulatory 

    policy on numbering made pursuant to the Telecommunications Act. 
b) The selection, issuing and use of Numbers is governed by the Authority's numbering plan and directions relating to 

    numbering, and you agree that you must accept and comply with the requirements of the Authority or any other 

    body from time to time that administers or oversees the allocation of Numbers. 
c) SmartVoice may be required by law to withdraw, suspend or reassign a Number assigned to you, and 

    SmartVoice will not be liable to you for any loss or damage incurred or sustained by you if SmartVoice is so 

    required.

3.6.2 Local number portability of Bounce Numbers 
You acknowledge that: 
a) SmartVoice may not provide local number portability for existing numbers which you use for telecommunication 

    services obtained from other Carriers or Carriage Service Providers; and 
b) You are not able to Port any virtual number assigned by SmartVoice to any other Provider. SmartVoice is not 

    obliged to procure for and/or provide to you any particular number allocated or assigned to you by another Carrier 

    or Carriage Service Provider. SmartVoice will not be liable to you for any loss or damage incurred or sustained by 

    you if such number is not, or is no longer, available.

3.6.3 Numbering and Call Charges for Bounce Numbers 
You acknowledge that: 
a) A local call charge will only apply to other calls made to the area where your Bounce Number is located or the 

    adjacent call zone. 
b) People who call you from outside the SZA (Standard Zone Area) of your Bounce Number may be charged a timed 

    call from their Telecommunications Carrier. The Standard Zone Area is the Geographic location of your number and 

    where callers from the same zone area can call you for a local call charge. 
c) When you move outside the geographic area or the SZA (Standard Zone Area) of where your Bounce Number is 

    located, we may be required to change your Bounce Number to the area where your service is now located.

3.7 Caller line identification 
You acknowledge that when: 
a) a call is made using a Service, the CLI may automatically be sent to the telecommunications equipment of the 

    person receiving the call; and 
b) a all is received using a Service, the CLI of the calling party may be displayed or recorded by the Equipment, 

    unless CLI is barred by the person making the call. You must comply, and use reasonable endeavours to ensure 

    that any third parties using the Service comply with applicable privacy and other guidelines as well as industry 

    codes of practice on the use and capture of CLI.

3.8 Integrated Public Number Database 
You acknowledge that SmartVoice is obliged by law to supply specified Customer Information with respect to any person who is allocated a Number under clause 3.6 for the purposes of the Integrated Public Number Database. The information held in this database may only be provided for an approved purpose to approved organizations such as directory information organisations or the assistance of emergency service or law enforcement organizations. If you require that your Customer Information that appears on that database be altered, you must request such alteration in writing.

3.9 Service availability, quality 
3.9.1 General acknowledgment 
The parties acknowledge that it is technically impracticable for SmartVoice to guarantee that the Service will be available in each area, that capacity will be available at all times to make and receive calls, or that the Service will be free from faults or errors. SmartVoice undertakes to provide the Service using all the reasonable care and skill. 

3.9.2 Reliance on other networks
You acknowledge that the Service may rely upon the operation of Supplier Networks operated by other Carriers and services provided by other Carriage Service Providers (such as the customer's internet service). You further acknowledge that SmartVoice is unable to guarantee the operation of and the use of the service through Supplier Networks or other carriers and carriage service provider's services. Any failure of a Service caused by another
network or service is beyond the control of SmartVoice and SmartVoice will not be responsible, or liable to you, for such failures.

 
3.9.3 Fault reporting 
a) SmartVoice will provide a fault reporting service between the hours of 9.00 a.m. and 5.00 p.m. AEST, on Victorian 

    Business Days. 
b) Where a fault is reported (irrespective of whether you reported it), you agree to provide all necessary assistance 

    to enable the location and repair of any fault which arises in the SmartVoice Network or the Supplier Network with 

   which the SmartVoice Network is interconnected. 
c) Where SmartVoice determines that there is a fault within the SmartVoice Network, it is responsible for correcting 

    that fault. SmartVoice is not responsible for: 
    (i) any fault which is within a Supplier Network of an interconnected Supplier, although SmartVoice will notify that 

        Supplier of the fault and request that it be corrected promptly; or 
   (ii) any fault which is caused by your equipment, your internet service provider (if not SmartVoice) or the 

         Premises, but will, where possible, advise you of that fault and its probable cause and location.

3.9.4 Maintenance 
a) Without limiting clause 3.9.1, you agree that SmartVoice may from time to time, conduct maintenance on and of the 

    network and infrastructure through which the Service is provided. SmartVoice will try to conduct such  

    maintenance outside Business Hours, but you acknowledge that it may not always be possible for SmartVoice to 

    do so. 
b) You agree that SmartVoice will not be responsible for rectifying any fault in the Service if that fault arises in or is 

    caused by a network or infrastructure of another supplier of telecommunications services, your own equipment or 

    any other infrastructure, equipment or facilities that are outside SmartVoice's reasonable control or responsibility. 

3.9.5 Acknowledgement 
You confirm that SmartVoice does not warrant, and has not represented, that the Service is or will be free of errors, defects or interruptions, or that it will be available at all times. You acknowledge that the Service will be used by you for the purpose of making voice and fax calls only and not for the transmission of data (such as internet dial up connections). You also acknowledge that you may not be able to use the service if electricity or an active online Internet connection is not supplied to the equipment used and is unable to subsequently connect to the service via VoIP or if you do not have access to a phone line for Calling Card Access.

3.9.6 Access to Emergency Services and Priority Services 
Without limiting the Service Description, you acknowledge that the Service relies on a supply of electricity and a current and active internet service that is able to connect to our Network. The service may not enable you to connect to Emergency Services if that supply of electricity fails, there is a fault with your internet service connecting to our service or your internet connection is not active. Therefore the Service is not a full replacement or substitute for a standard telephone service. The Service should not be used, as a first choice, to make an emergency call. SmartVoice is under no liability if you are unable to access Emergency services from the service at anytime. Emergency Services access is not available via the Calling Card Access Numbers. 

SmartVoice will not pass your information to Emergency Services as SmartVoice is classified as a Nomadic One-Way service. You may need to give your Information to the Operator (including Full Address and Telephone Number details) each time you make a call to emergency services.

4 Charges & Billing 

4.1 You will be charged for all calls from the supplied service numbers carried using the VoIP Service (whether such calls were made with your authority or not) based on the rates specified on the Rate Card. All Rates are subject to change without Notice at anytime by International Carriers. If there are changes to any recurring charges, you will be notified of any change in price with 14 Days notice. 

4.2 SmartVoice will bill you on a monthly basis for any recurring services and amounts will be directly deducted from your prepaid balance. If you do not maintain a positive dollar balance, your service will be suspended. If your service remains in a negative balance or has an expired balance and/or is suspended for more than 30 Days, SmartVoice reserves the right to cancel any services and return any numbers for reallocation. 

4.3 Payment and top ups must be made in full by prepaid card/voucher, credit card, direct debit or other methods permitted by SmartVoice. 

4.4 SmartVoice will expire any existing credit if not used by the expiry date. Expired Credit is not refundable under any circumstances. 

4.5 The expiry of the Existing Credit will only be reset to the expiry period of the last top up.

5 Privacy 
Personal information that SmartVoice collects from you is collected for the primary purposes of enabling SmartVoice to supply services to you and for the administration of your account with SmartVoice, including creditworthiness assessment billing and debt collection. You agree that SmartVoice may release your personal information and other information provided to us by you to another carriage service provider if that release is required to enable SmartVoice to supply the services to you and to a credit reference agency in connection with SmartVoice obtaining from or supplying to that agency information about your creditworthiness.

6 Period Of Agreement 
This Agreement shall commence on the date your service is activated by SmartVoice and shall continue until terminated in accordance with these terms and conditions.

7 Service Suspension and Termination 

7.1 SmartVoice may terminate this agreement by providing you not less than 30 days written notice. You may terminate this agreement at any time by giving us notice. 

7.2 SmartVoice may by written notice immediately suspend supply of the Service to you and/or terminate this agreement if: 
(a) You are declared bankrupt or die or if a receiver, liquidator, provisional liquidator or administrator is appointed to 

      you or your undertakings or assets and that appointment continues for a period of 5 Business Days, or if you 

      enter into any arrangement with any of your creditors or any class of such creditors or if you cease to carry on 

      business; 
(b) SmartVoice has reasonable evidence that you have breached clause 3 of this Agreement.

8 Liability

 
8.1 SmartVoice does not warrant that the Service will be uninterrupted or fault free. 

8.2 SmartVoice excludes any liability to you for any indirect or consequential loss, costs, or damage (including, but not limited to, loss of profits, loss of revenue, and expectation loss) arising out of this Agreement, including, but not limited to, SmartVoice's supply of (or failure to supply) the Service, whether arising as a result of any act, omission or negligence of SmartVoice or otherwise. 

8.3 To the maximum extent permitted by law, SmartVoice limits its liability to you for any liability which may arise out of or in relation to this Agreement, (whether based in contract, tort, including negligence, or statute) to an amount in aggregate for all claims which is the amounts paid by the Customer for the Services under this Agreement. 

8.4 You indemnify us against any loss or damage we may suffer as a result of your use or attempted use or any use of the Service.

9 General 

9.1 Headings are for ease of reference only and not as an aid to interpretation. 

9.2 The Customer may not transfer legal responsibility for the Service without SmartVoice's written consent. 

9.3 The Customer acknowledges that where SmartVoice requires the consent of the Customer to undertake certain actions, then provided SmartVoice acts in good faith, SmartVoice may rely upon the authority of any employee of the Customer who warrants that he or she is authorised to provide that consent on behalf of the Customer. 

9.4 SmartVoice may set off or apply any credit balance in any of your accounts with SmartVoice or any amounts owed by SmartVoice to you against any amount due and payable by you to SmartVoice. 

9.5 Failure by either party to exercise or enforce any right conferred by this Agreement will not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement of the right or of any other right on any later occasion. 

9.6 If part or all of any clause of this Agreement is illegal, invalid or unenforceable it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable or if this is not possible, the affected clause or part will be severed from this Agreement, the remaining provisions of this Agreement will continue to have full force and effect and the parties will attempt to replace that severed part with a legally acceptable alternative clause that meets the parties' original intention in relation to the subject matter severed. 

9.7 The Agreement constitutes the entire agreement between the parties as to its subject matter and supersedes any prior understanding or agreement between the parties (including any Memorandum of Understanding) and any prior condition, warranty, indemnity or representation imposed, given or made by SmartVoice. 

9.8 The Agreement is governed by the laws applicable in the State of Victora in the Commonwealth of Australia and each party irrevocably submits to the non-exclusive jurisdiction of the courts of that State.