Terms and Conditions

1. General

1. Throughout any Agreement, "Assentia" shall mean Assentia Pty Ltd of PO Box 648, Round Corner, New South Wales, 2158. (ABN 25 130 272 534)
2. Once an application has been processed and accepted by Assentia, Assentia will supply and the Customer agrees to acquire the services ("Services") specified in the Schedules, on these terms and conditions. To the extent of any inconsistency between these terms and conditions, and the services Schedules, these terms and conditions will prevail. By accepting the supply of Services, the Customer accepts these terms and conditions.
3. The Customer acknowledges that the terms and conditions of this Agreement, including any fees, rates and charges, may be varied from time to time by notification and without notification if the variation arises because of a change in law or the regulatory environment.
4. The Customer agrees to provide relevant details and sign any necessary forms or other documents relevant to a Service it has selected, including any necessary to effect a transfer of service to Assentia and the Customer authorises Assentia to complete any necessary forms on its behalf.
5. Assentia shall use reasonable endeavours to provide the Services, but it shall not be liable if it is prevented, hindered or delayed from providing the Services for any reason whatsoever.
6. While Assentia will endeavour to provide Services of a reasonable quality, Assentia does not warrant the quality or availability of the Services and Assentia does not provide an ADSL line maintenance service.
7. Provision of the Services is conditional on the Customer having an ADSL internet connection of at least 512kbps/128kbps and either a VoIP telephone handset connected to the ADSL service or a soft phone capability on their computer.
8. The customer understands that telephone lines used for the ADSL service that will carry VoIP traffic to and from Assentia’s switches are not provided by Assentia nor does Assentia warrant the suitability, quality or availability of those lines.
9. The Customer agrees that it will not resell or re-supply any of the services unless it has prior written approval from an authorised Assentia representative.

2. Charges and billing

1. The Customer must pay to Assentia the charges for the Services plus including applicable GST. The charges for the Services are the fees, rates and charges that are set out in the relevant service Schedule and as otherwise notified to the Customer from time to time.
2. Assentia services are offered on a pre-paid basis. The prepaid services require the monthly fees, if applicable, and call charge credit to be paid in advance every month and begins on the date that Assentia activates the Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew monthly without further action unless the Customer provides Assentia written notice of non-renewal at least (10) Business Days before the end of the monthly term in which the notice is given.
   
   The Customer is purchasing the Service for full monthly terms. Should the Customer attempt to terminate the Service prior to the end of a monthly term other than the Money Back Guarantee period, the Customer will be responsible for the full month's charges to the end of the then current term, including without limitation, unbilled charges all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.
   
   If the Customer should choose to terminate during the Money Back Guarantee period and provided the return in sound and undamaged condition any devices purchased by the Customer then all costs excluding call charges will be refunded.
   
   Any telephone number provided by Assentia in conjunction with the service is part of the service and will be relinquished if you cancel the service.
3. The Customer must give provide Assentia us a valid credit card number (Visa or MasterCard) when the Service is activated. Assentia reserves the right to stop accepting credit cards from one or more issuers. If the card expires, the account is closed, billing address changes, or the card is cancelled and replaced owing to loss or theft, the Customer must advise Assentia at once. Assentia will bill all charges, applicable taxes and surcharges monthly in advance. Any usage charges will be billed in increments that are rounded up to the nearest minute.
4. Assentia accepts payments only by credit card as set forth in Section 2.3. Initial use of the Service authorises Assentia to charge the credit card account number including any changed information given to Assentia if the card expires or is replaced, or substituted for a different card, for Assentia charges as set forth in Section 2.3. This authorisation will remain valid until 30 days after Assentia receives written notice terminating Assentia's authority to charge the credit card, whereupon Assentia will charge the Customer a disconnect fee and any other outstanding charges and terminate the Service. Assentia may terminate a Service at any time in its sole discretion, if any charge to a credit card on file with Assentia is declined or reversed, the provided credit card expires and a valid replacement credit card is not provided to Assentia or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves the Customer fully liable to Assentia for all charges before termination.
5. Assentia reserves the right to suspend the Service if the Customer fails to make monthly advance payment due to card expiry or any other reasons. The Service may be re-activated with a payment of activation fee plus the normal monthly fee if the period of suspension is less than 14 days.
6. Bills for Services will be issued monthly electronically; no paper bill will be provided by Assentia. While Assentia will use its reasonable endeavours to bill the Customer for its use of the Services within six months of such use the Customer acknowledges that Assentia's bill for Services may be dependent on the receipt of billing information from other parties and that any delay in issuing a bill to the Customer will not affect the validity of the charges contained in the bill.
7. The Customer agrees that Assentia's records are prima face evidence of the Customer's use of the Services and the charges payable. The Customer agrees that any supply of Services to any person making telephone calls from the Customer's Assentia VoIP service is deemed to be authorised by the Customer to make those calls, and the Customer will pay all charges accordingly.

3. Liability

1. The Customer agrees that it will not use the Services for any unlawful or improper purpose and will indemnify Assentia for any claim, cost, loss or damage arising out of its use of the Services. Except as required by law, Assentia will not be liable to the Customer or to any person claiming through the Customer, for any costs, loss, liability, damages, or consequential, indirect or economic loss whatsoever arising out of the acts, omissions or negligence of Assentia.
2. If Assentia is not able to so exclude liability, the Customer agrees that Assentia's total liability to the Customer is limited, at Assentia's option, to supplying the relevant service again or paying the cost of doing so.

4. Use and disclosure of Information

1. The Customer authorises Assentia and its related bodies corporate to use and exchange Customer information before, during and after the provision of credit to the Customer with any of their agents and any credit reporting agency credit providers, carriers, Customer's business references in accordance with the relevant State and Federal acts for the following purposes:
   (a) considering or applying Assentia's credit policy to the Customer's application;
   (b) ongoing credit management of Customer account(s) with Assentia or any of its related bodies corporate, including recovery of Customer overdue payments;
   (c) ongoing maintenance of credit records about the Customer;
   (d) to enable Service delivery to the Customer; and
   (e) any other purposes permitted under the Telecommunications Act 1984.
2. The customer agrees that information referred to in Clause 4.1 includes but is not limited to:
   (a) details and status of any of the Customer accounts with Assentia or its related bodies corporate;
   (b) identification of Customer service numbers, whether withheld or not;
   (c) Customer credit history, including whether the Customer has made credit defaults, dishonoured cheques or credit infringements;
   (d) Information about Customer creditworthiness or capacity; and
   (e) Customer personal details even if the application is for a business or company.
3. "Customer " in this clause is defined to include the director of the Customer signing this form. The director signing this Agreement acknowledges that Assentia may do a credit check on him or her in their personal capacity.
4. Where the Customer is in default of payment to Assentia the Customer agrees that Assentia or its agents may utilise any information collected and recorded by Assentia or its related bodies corporate in relation to the Customer's account to assist Assentia in the process of debt recovery and may use debt collection agencies for that purpose.
5. Calls made to or from Assentia's Customer Service Centre may be recorded for customer service and verification purposes.
6. The Customer should keep confidential all passwords it nominates in connection with the Services. The Customer acknowledges that Assentia will disclose any information in connection with the Customer's accounts to any who correctly quotes the password.

5. Termination

1. Assentia may terminate this Agreement at any time by giving the Customer thirty days written notice.
2. Assentia may terminate this Agreement immediately on notice to the Customer, if the Customer;
   (a) breaches any clause of this Agreement and the breach is not remedied within 7 days of the receipt of written notice from Assentia; or
   (b) has a liquidator appointed, has an order made for its winding up, or has an administrator or a receiver appointed over all or a portion of its assets.
3. The Customer may terminate this Agreement at any time.
4. The Customer will remain liable for all charges incurred by the Customer prior to termination of this Agreement for whatever reason.

6. Governing Law and Entire Agreement

1. Unless the parties otherwise agree, this Agreement will also apply to any other services acquired by the Customer from Assentia in the future. If the Customer wishes to acquire additional services, the parties will negotiate and attach an additional Service Schedule to this Agreement.
2. These terms plus the terms of the chosen Service(s) constitute the entire Agreement between the Customer and Assentia in relation to Services. Any condition, warranty, representation or other term which might otherwise be implied into or incorporated into these terms and conditions, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded. Neither party shall have any remedy in respect of any untrue statement made to it upon which it relied in entering into this Agreement (unless such untrue statement was made fraudulently) and each party's only remedy shall be for breach of contract as provided in this Agreement.
3. The Customer must not assign any of its rights or obligations under this Agreement without Assentia's consent.
4. Any notice under this Agreement whether required to be written or otherwise may be given by Assentia to the Customer by post, personal service, e-mail or voice message.
5. These terms are governed by the laws of New South Wales.