Terms and Conditions for use
This agreement ("Agreement") is between ClicknCall.com.au, ("we," "us" or "ClicknCall") and the user ("you," "user" or "Customer") of ClicknCall's residential or business VoIP plans and any related services ("Service"). This Agreement governs both the Service and any devices, such as a ClicknCall Phone Adapter, or any other IP connection device provided by ClicknCall for use in conjunction with the Service ("Device" or "Equipment"). BY ENROLLING IN, ACTIVATING, USING OR PAYING FOR THE SERVICES OR DEVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, THAT YOU ARE OF LEGAL AGE, AND THAT YOU AGREE TO BE BOUND BY ALL TERMS HEREIN. IF YOU HAVE NOT READ AND UNDERSTOOD THIS ENTIRE AGREEMENT, AND DO NOT AGREE TO BE BOUND BY ITS TERMS, DO NOT USE THE SERVICES OR DEVICE, AND CANCEL THE SERVICES IMMEDIATELY BY CONTACTING ClicknCall VIA ONLINE WEBSITE CONTACTUS FORM AND STATING YOUR NAME, ACCOUNT INFORMATION AND DESIRE TO CANCEL SERVICE.
EMERGENCY SERVICES - 000 DIALING (ECS Notice)
This VoIP outbound service does not provide access to the Emergency Call Service(Triple Zero/000). Calls to the Emergency Call Service can be made using fixed(PSTN) or mobile phone services.
You acknowledge and understand a) and b) above. You acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which may not be provided by ClicknCall) and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet service provider ("ISP") and/or broadband provider, the Service will not function. Should there be an interruption in the power supply or ISP broadband outage, the Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service.
Fair use policy
If you have subscribed to ClicknCall's VoIP services, the Service is provided to you as a single business or residential user. This means that you agree not to, and may not, sell, resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without the prior express written permission from ClicknCall. You agree that the ClicknCall VoIP Plan does not confer the right to use the Service for auto-dialing, call center activities, continuous or extensive call forwarding, call relaying, fax broadcasting or fax blasting, and that you may not use the Service for those purposes. ClicknCall reserves the right to immediately terminate or modify the Service, if ClicknCall determines, in its sole discretion, that Customer's Service is/was being used for such prohibited activities or in any other manner prohibited by this Agreement. ClicknCall may also disconnect a call regardless of whether it is timed or untimed in any ClicknCall service plan, if the call duration is in excess of 2 hours in one session.
Prohibited Uses of Service
You agree to use the Service only for lawful purposes. You agree not to use the Service for any unlawful purpose, including for example, using the Service in a way that (1) interferes with our ability to provide Service to you or other customers, or (2) avoids your obligation to pay for the Services. You also agree not to use the Service for transmitting or receiving any communication or material of any kind which would (1) constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (2) encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. ClicknCall reserves the right to terminate the Service immediately and without advance notice if ClicknCall, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for any fee due, payable and chargeable. If ClicknCall, in its sole discretion believes that you have violated the above restrictions, ClicknCall may forward the objectionable material, as well as your communications with ClicknCall and your personally identifiable information to the appropriate authorities for investigation and prosecution, and by using the Service you thereby consent to such forwarding.
The Service requires standard SIP based customer premises equipment ("CPE") which may be provided by ClicknCall or by the Customer. If you elect to provide your own equipment, then you are solely responsible for maintaining it and ensuring that it is compatible with the Service, and you agree that if it is not compatible with, or properly configured for ClicknCall, ClicknCall may terminate the Service in its sole discretion.
THE TERM "ClicknCall" AS USED IN THIS SECTION SHALL MEAN ClicknCall.com.au AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE.
ClicknCall MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE OR DEVICE OR THE INSTALLATION OF SAME AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. ClicknCall DOES NOT WARRANT THAT THE SERVICE OR DEVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. ClicknCall DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. IF CUSTOMER PURCHASED THE DEVICE NEW FROM ClicknCall AND THE DEVICE INCLUDED A LIMITED WARRANTY AT THE TIME OF PURCHASE, CUSTOMER MUST REFER TO THE SEPARATE LIMITED WARRANTY DOCUMENT FOR INFORMATION ON THE LIMITATION AND DISCLAIMER OF SUCH WARRANTY. IF CUSTOMER'S DEVICE DID NOT INCLUDE A LIMITED WARRANTY FROM ClicknCall AT THE TIME OF PURCHASE, CUSTOMER AGREES THAT IT ACCEPTS THE DEVICE "AS IS" AND THAT CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECT. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST ClicknCall TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.
Disclaimer of Liability and Indemnification.
You acknowledge and understand that ClicknCall will not be liable for any Service outage and/or inability to dial 000 using the ClicknCall Service or to access emergency service personnel due to the characteristics and limitation of the ClicknCall Service as set forth in this document. You agree to defend, indemnify, and hold harmless ClicknCall, its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you or any third party user of the Service relating to the failure or outage of the Service.
FEES AND PAYMENTS
ClicknCall accepts credit card payment via PayPal or by direct bank deposit on request. ClicknCall reserves the right to impose a limit on the amount you may top up your account each month if a credit card is used.
You shall pay all fees and charges, including, but not limited to charges for any products or services offered for sale through the Service, including, but not limited to, ClicknCall products and services or any third-party merchant or service provider. All fees and charges shall be billed to you, or taken out from your prepaid account with ClicknCall.
Pre-Paid Credit expiry
Prepaid call credit generally does not expire but ClicknCall reserves the right to expire any unused prepaid credit 12 months from date of account creation or 12 months from last account recharge date whichever comes later.
CHANGES TO THIS AGREEMENT
ClicknCall may change the terms and conditions of this Agreement,including but not limited to, its rates from time to time. Changes to this Agreement supercede all previously agreed to electronic and written Terms and Conditions. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES, AND/OR TERMS AND CONDITIONS HAVE BEEN MADE, YOU AGREE TO THE CHANGES. Notices will be considered given and effective on the date posted on the ClicknCall website at www.ClicknCall.com.au and/or the date we notify you of changes by the following: email at the address provided by you, postcard, letter, recorded announcement, message on your bill, an insert in your bill, newspaper ad, or a call to your telephone number, whichever occurs first.