1. Applicable terms and conditions
This Service Description applies to our provision to you of a VoIP Service, which allows you to make and receive Calls via an Internet Protocol connection. This Service Description forms part of our Terms, in conjunction with:
- your Application;
- the Telecommunications General Terms;
- the Telecommunications Direct Debit Terms;
- the Service Descriptions;
- our Acceptable Use Policy; and
- the applicable Pricing Schedule.
2. Interpretation and Definitions
- Subject to Clause 2.1 the rules of interpretation used in the General Terms apply to this Service Description.
- Unless otherwise stated, a reference in this Service Description to a clause is a reference to a clause of this Service Description.
Any capitalised terms used in this Service Description are as defined in this Clause 2.2, or, where not defined in this Clause 2.2, as defined in any of the documents listed in Clause 1.
In this Service Description:
Access Line means the line or link, and the ancillary facilities over which the Service is delivered, connecting your Premises to a network.
Bundling Discounts means any applicable price discounts or data allowances that result from obtaining an Internet Service together with this Phone Service from us.
Calls means untimed local calls; calls to 13 or 1300 numbers; national (STD) calls; fixed to mobile calls; international calls; calls to 1800 services; 000 calls; calls to directory assistance services and any other types of calls listed in our Terms.
Charges means the setup, monthly rental, Call, or Standard Feature and Optional Feature charges as listed either in this Service Description or the Pricing Schedule.
CLI means calling line identification as referred to in section 355 of the Telecommunications Act 1997.
Customer Service Guarantee or CSG means the Telecommunications (Customer Service Guarantee) Standard 2011.
Customer Service Guarantee Waiver means an agreement that acknowledges that you waive the protections and rights provided under the Customer Service Guarantee for the Phone Service/s to which the waiver relates.
Existing Phone Number means the phone number that was allocated to you by another service provider and remained allocated to you immediately prior to the activation of your Phone Service.
Optional Features means the optional extra services for Fees (eg. voice mail; calling number display; silent number; call return; three way call; waiting and display; call divert; caller ID; Personal Agent) or otherwise which can be provided at your request.
Pre-existing Service Features means any additional service features that were provided by your Previous Service provider immediately prior to your Phone Service being transferred to us.
Premises means the location where the Phone Service is to be provided, as specified in your Application.
Preselect means to specify a particular default carriage service provider to provide the long distance call component of a Service including national (STD) calls, calls to mobiles and international calls.
Previous Supplier means the last service provider before us that supplied you with a voice service using the Access Line that is used to supply your Phone Service.
Required Equipment means:
- an analogue telephone adaptor (ATA); or
- an IP handset which allows you to connect to the Phone Service without requiring an ATA; or
- software and a headset which allow you to make calls from your computer using the Phone Service.
Standard Features means call waiting; call divert; call number display sending; call waiting display; and any other features referred to in our Terms.
Telecommunications Numbering Plan means the numbering plan referred to in section 454 of the Telecommunications Act 1997 as amended or replaced.
3. THE VOIP SERVICE
3.1 Requirements for using the Phone Service
- The Phone Service does not include the provision of any cabling or equipment located on the customer side of the telecommunications network. If such cabling or equipment is required to supply the Service you are responsible for any Charges or Fees associated with this.
- The Phone Service is not available in every location. Due to technical and operational constraints we may not be able to provide you with a Phone Service either error free or at all.
- The Phone Service is only available to be used in conjunction with a Broadband Internet Service provided by us.
- Any equipment that you supply for use in connection with the Phone Service must comply with Australian Standards.
- You must comply with our Acceptable Use Policy here in your use of the Phone Service.
3.2 Phone Service features and options
- The Phone Service includes Standard Features and Optional Features. We will not provide you with Optional Features unless you request us to do so.
- You acknowledge that:
- we may not be able to provide all or any Pre-existing Service Features; and
- in the event that some or all of your Pre-existing Service Features are transferred to us by your Previous Supplier, we may at our sole discretion:
- continue to supply you with the Pre-existing Service Features under different terms and conditions (including terms and conditions relating to price) than those that applied to the Pre-existing Service Features prior to their transfer to us; or
- provide you with an Optional Feature which we determine is a reasonable substitute for the Pre-existing Service Feature.
3.3 Phone Service limitations
You acknowledge that:
- you will not be able to use the Phone Service to make or receive calls (including emergency calls):
- during a power failure;
- following a power failure or disruption and prior to the resetting or reconfiguration of your equipment (if required to restart it); or
- if there is network congestion or reduced bandwidth affecting the Phone Service provided by a Third Party Supplier; or
- during a service outage of the underlying Broadband Service;
- if for any reason your underlying Internet Service is suspended, terminated or is otherwise unavailable, the Phone Service will also be suspended, terminated or otherwise unavailable;
- call quality may be affected by internet congestion, sharing of a Broadband connection, and Shaping or any other limits imposed by us;
- unless you block your CLI, then that CLI data will be transmitted by the Phone Service within Australia;
- the Phone Service is not available for the transmission of data or video but is for voice calls only;
- the use of the Phone Service in a location other than your Premises on a temporary basis is permitted;
- we may at any time change the method of delivery of the Phone Service;
- a new geographic telephone number must be obtained if you move permanently to a new Premises;
- in circumstances where you are provided with a long distance service, the Third Party Suppliers who supply this service may share your details between themselves for the purpose of complying with a law, regulation or industry code; and
- the Phone Service is a consumer grade best efforts service and is not intended to be used for mission critical orders or purposes.
3.4 Emergency calls
You acknowledge that the Phone Service:
- may not accurately transmit data from which emergency services could ascertain your location so you must inform the operator of the street address of the location from where you are calling; and
- will not operate during a power or network outage, unless you install at your expense a battery backup system. Battery backup systems are not sold or supported by us and we recommend that you always have a fully charged mobile telephone available for making calls during power failure emergencies.
3.5 Customer Service Guarantee Waiver
We required that you waived in whole your CSG protections and rights in relation to the Phone Service during the sign up process. If you did not agree to the proposed waiver we may refuse to provide the Service to you. We may cancel an existing service if you did not agree to the proposed waiver and we have connected your Phone Service by mistake. Further information about the CSG may be found on the Australian Communications and Media Authority website (www.acma.gov.au)
3.6 Directory Listing
You may choose to have a directory listing of the telephone number associated with your EnergyAustralia Voice Service. The telephone number associated with your EnergyAustralia Voice Service will not be listed unless you request us to do so. You may choose either:
- a full listing (name and full address); or
- a suppressed address listing (name and suburb only).
If you chose to have the telephone number associated with your EnergyAustralia Voice Service listed in a telephone directory and you change your mind, you can ask us to arrange for the telephone number to be listed in future editions of the directory. We will tell you about any terms that apply to your request if you do so.
3.7 Priority Assistance
We do not offer priority assistance in respect of any Phone Service. Priority assistance is for people who may be reliant on a Phone Service because of a serious medical condition – we do not recommend the Phone Service in these circumstances. If you require priority assistance, you should contact an alternative service provider to see if they can assist you.
3.8 Phone Number Displays
- We do not bar CLI on your Phone Service as a default option. If you wish to bar CLI please contact us by phone on 1800 448 305 or by email at firstname.lastname@example.org. On by EnergyAustralia customers call 1800 108 633 or by email at email@example.com
- If CLI is not barred on your phone, your phone number may be displayed on the phone of the person you call or be traced or accessed using a call return feature.
- When another person calls you, the phone number of that person may be displayed on your phone if that person has not barred CLI.
4. Accessing the Phone Service
4.1 Connecting the Phone Service
In order to connect to the Phone Service, you must:
- connect or be connected to a Broadband Internet Service with enough available bandwidth to support the Phone Service (minimum access speed of 256 kbps). The Phone Service requires 110kbps downstream and upstream per single service in order to operate. If multiple services are provided the limits will be multiplied by the required number of services
- be the account holder or Authorised Representative of the Access Line used to connect to the Phone Service; and
- if necessary, integrate your network and/or your equipment with the Phone Service.
4.2 Transferring your Access Line to us
- You acknowledge there may be a delay between the date that you request us to supply the Phone Service and when our Third Party Suppliers have completed all steps necessary to enable you to acquire the Phone Service from us.
- During the transfer from your Previous Supplier the Phone Service may be interrupted. We will try to ensure that this interruption lasts for no longer than 1 hour. In some cases, inbound calls may be affected for an extended period of up to 2 days.
- To the extent permitted by law, we will not be liable for any delay by, or any act or omission of your Previous Supplier or any Third Party Supplier in respect of the transfer of your Phone Service to us.
- You are responsible to your Previous Supplier for, and indemnify us against, all charges billed by your Previous Supplier in relation to your access or use of any services provided using the Access Line.
Use of the Phone Service in a location other than your Premises is permitted on a temporary basis only. Call charges for calls made to and from the Phone Service will be made as if the Phone Service is located at the Premises.
4.4 Alarm equipment and monitored services
- If you wish to use the Phone Service in conjunction with alarm equipment or a monitored service, you may need to install additional equipment to be able to receive the Phone Service.
- Installation and operation of a monitoring service may cause temporary disruption to the Phone Service.
- It is your responsibility to check that the alarm equipment or monitored service is working following the installation or transfer of the Phone Service.
- To the extent permitted by law, we will not be responsible for any loss that you may suffer as a result of any alarm equipment or monitored service failing to work following the installation or transfer of the Phone Service.
5. Assignment of Phone Numbers
- Subject to Clause 5(c), we will allocate a phone number to you for use with the Phone Service.
- All Phone Numbers that we allocate in connection with the Phone Service are selected, issued and used in accordance with the requirements of the Telecommunications Numbering Plan.
- If you request us to transfer your Existing Phone Number rather than allocate a phone number to you, we will consider your request. We are only able to transfer your existing number where it is legally and technically possible, for us to do so. In considering a request to transfer your Existing Phone Number, we will comply with our obligations under the Telecommunications Numbering Plan and any applicable industry codes.
- In the event that we transfer your Existing Phone Number to be used with the Phone Service, you acknowledge and agree that:
- your Previous Supplier may charge you for transferring your Existing Phone Number and there may be other costs and obligations such as early termination fees payable to your Previous Supplier, you indemnify us against all such fees and charges; and
- during the process of transferring your Existing Phone Number there may be a brief period when the Phone Service is interrupted.
- You acknowledge that you do not have any proprietary interest in any phone number that may be used by you in connection with the Phone Service and your use of that phone number is subject to regulation which may require us to vary, withdraw, suspend or reassign that phone number.
- You may be able to transfer your phone number to another carrier, or carriage service provider by request with that carrier or carriage service provider. However, this is not always possible and you may lose your phone number.
- You must not cancel the Phone Service before you transfer your phone number. The carrier or carriage service provider to which you have transferred your phone number will inform us that you have transferred your phone number and we will cancel the Phone Service.
- You can only transfer your phone number. You may not be able to transfer any Standard or Optional Features.
- You may only transfer a phone number for which you are the customer or authorised representative.
- If you transfer your phone number to another carrier or carriage service provider, the underlying Broadband Internet service associated with the Phone Service may be disconnected.
6. Fault reporting and Authority
6.1 Fault Reporting
- We will endeavour to repair any faults with the Phone Service as soon as reasonably practicable and, where applicable, in accordance with our obligations under the Customer Service Guarantee here.
- If we investigate a fault and determine that the fault is attributable to a fault in your equipment, we may charge you for any costs we incur investigating and repairing the fault, including any costs incurred by a technician visiting your Premises.
6.2 Authority to act on your behalf
- In order to for us to provide the Phone Service to you, it may be necessary for us to deal with a third party in order to achieve one or more of the following:
- to terminate supply arrangements;
- to request access to any of your account information held by your Previous Supplier; and
- to deal with a third party in respect of, any faults, provisioning and service change requests or maintenance issues concerning your Phone Line or telecommunications services provided over your Phone Line.
- You provide us with authority to act on your behalf where such authority is required for us to act pursuant to Clause 6(a), and you indemnify us against any Claim made by any person arising from or in connection with us acting pursuant to Clause 6(a).
7. Plans and Pricing
7.1 Service charges
Information regarding all Fees, invoicing and billing terms can be found either in our Telecommunications General Terms or the applicable Pricing Schedule. Call charges for call made to and from the Phone Service will be calculated as if the Phone Service is located at your Premises.
- You acknowledge that as a re-biller of the Phone Service we must retain the right on a reasonable basis to vary the recurring charges (e.g. monthly rental) to the extent required to cover any changes in the amounts charged by our wholesale supplier.
- Where this is necessary we will provide written notice to you of the changes and in order to continue using the service you must accept them. If you do not accept the changes you may cancel the Phone Service without penalty.
- Our current Call Charges are available in the applicable Pricing Schedule. We will advise you when the applicable Pricing Schedule is changed.
- Any variable charges will be billed in accordance with your fixed charges.
- We may cease providing the Phone Service in the event that our wholesale supplier ceases wholesale supply of the services.
7.3 Minimum term
- The minimum term over which you agree to acquire the VoIP Service (if any) is 12 months.The minimum term for On by EnergyAustralia customer is 1 month.
- We do not provide a pro-rata refund for the billing month during which you cancel the Phone Service.
8. THE INTEGRATED PUBLIC NUMBER DATABASE (IPND)
- Your Service is supplied to you with a public number and we, like other suppliers, are required by law to supply your name, address, Phone Number and certain other details to a database known as the Integrated Public Number Database (IPND). This applies to all customers including unlisted customers. The IPND is used for purposes including to publish public number directories, provide directory assistance, operate emergency call services, assist law enforcement agencies and safeguard national security. We do not publish your details in other public domains like the telephone directory unless you ask us to do so.
- If you have a silent line, your Phone Number and other unlisted service information will not be published in public number directories or disclosed by directory assistance, even though it must be provided to the IPND for the other uses referred to in clause 8. You must contact us if you wish to have your basic IPND data altered in any way.
- Updates to the IPND are performed by Engin. We will not be responsible for any breach by Engin of its obligations in relation to the IPND, including any publication or disclosure by Engin of IPND data in public number directories or directory assistance contrary to any instructions given by you.