Standard Form of Agreement (SFOA) and Service Descriptions
The Standard Form of Agreement (SFOA) and Service Descriptions are a set of documents that describe the terms and conditions that govern the services delivered by us. As part of your application process, you are requested to read the relevant documents as a condition of using our services.
Terms and Conditions
NECALL Pty Ltd or Biztec Solutions (us or we), supplies services on the terms and conditions in this standard agreement. If you obtain or seek to obtain services from us, you do so in accordance with these terms and conditions and the other documents that comprise your agreement with us.
Commencement
Our Agreement commences when we accept your signed application and continues until terminated in accordance with these terms.
Billing for Subscriptions Services (Hosted Voice, SIP trunks, Etc.)
Billing of the base services is issued monthly in advance at the beginning of each calendar month.
Call charges and any other variable service costs are billed monthly in arrears.
Customer adjustments of service are billed monthly in arrears.
Invoice are delivered electronically to customer nominated email address.
Method of Payment for Subscription Services (Hosted Voice, SIP trunks, Etc.)
Invoice will be paid by credit card standing authorisation.
Credit card payment of reoccurring goods and services, the customer authorises Biztec Solutions to debit this card for the fees and on a frequency as set out in your application.
The customer hereby authorises NECALL Pty Ltd / Biztec Solutions to charge any excess usage of their account where this feature forms a part of their service.
The Customer is responsible for ensuring there are sufficient funds available in their nominated credit card account at any time we bill the account.
Any hardware / installation costs will require an upfront payment of 50% on order placement. The remaining amount to be paid immediately after the equipment has been commissioned.
Method of Payment for Hardware, Software and Professional Services
Any hardware / installation costs / Professional Service will require an upfront payment of 50% on order placement. The remaining amount to be paid immediately after the equipment has been commissioned.
Payment will by invoice and via BSB or Credit Card
1.5 Contract Term
The initial and any renewal term selected by the customer will be detailed in our offer.
Renewal of the contract will occur automatically for the same period as the previous supply term unless you have notified us in writing 60 days before renewal time, that a renewal is not required.
1.6 Service Termination
The Customer may request to terminate any of its Voice (IP) services by giving 60 days written notice to NECALL / Biztec Solutions. For services with an agreed minimum term, and where such term has not expired, the Customer will be liable to pay in full any remaining value of the agreed term.
Cancellation of a service does not affect the provisions of this agreement concerning limitation of liability and indemnity.
1.7 Risk
Risk of loss or damage to the purchased equipment will pass to you upon delivery.
1.8 Insurance
You are responsible for insuring and maintaining equipment or facilities which we provide to you.
1.9 Exclusion of liability
To the extent permitted by law, we have no liability to you or to any other person and we exclude all liability, in Contract, tort (including negligence) or otherwise for all claims, actions, loss, liability or damage (whether direct, indirect, consequential or incidental loss or damage and whether for loss of profits, costs of delay or data or otherwise) suffered or incurred by you or anybody else because of a failure of the Equipment or any act, omission, delay or non-performance by us or any network service provider or any toll fraud suffered by you.
However, we will use reasonable endeavours to ensure that any supplier cooperates in order to deliver the service in a timely manner, provides and maintains the service in a responsible fashion and rectifies any faults in relation to the service in a timely manner.
1.10 Force majeure
We are not liable for:
any delay in installing a Service;
any delay in correcting any fault in a Service;
failure to provide or incorrect operation of any Service;
Service outages; or
Any default by us in compliance with this Agreement,
if it is caused by any event or circumstance reasonably beyond our control, including but not limited to; war, accident, civil commotion, riot, military action, sabotage, act of terrorism, vandalism, embargo, judicial action, labour dispute, an act of a government or a government authority, acts of God, earthquake, fire, flood, plague or other natural calamity, computer viruses, hacker attacks or failure of the internet or delay, or failure or default by any other supplier.
1.11 Confidential Information
You and we must always keep each other’s Confidential Information confidential.
you and we both agree:
to use the Confidential Information of the other only to the extent required for the purpose it was provided;
not to copy or reproduce any of the Confidential Information of the other in any way; and
to disclose the other’s Confidential Information only to employees, advisers and contractors who need access to the information and who have agreed to keep it confidential.
you or we must promptly return all Confidential Information of the other (including any copies of it) in our possession or control, at the other’s request.
you and we acknowledge that Confidential Information excludes information generally available in the public domain (without unauthorised disclosure under this Agreement) and excludes information received from a third party entitled to disclose it.
You agree that Biztec may use your organization name as a current or past customer for referencing purposes, without any further written approval from you
1.12 Emergency Service Calls
When you dial ‘000’ from your Cloud Voice Service, you will be connected to the Emergency Services. It is imperative that you understand that hosted voice service cannot be utilised if there is a power outage, when your internet connection is interrupted or if the hardware you are using to access the service is in anyway flawed. We strongly recommend that you have an alternative telecommunications service such as a cellular, fixed line or satellite telephone connection to contact Emergency Services in the event of the unforeseen.
1.13 Fair use policy.
All Hosted Voice Services are covered by the Fair Use Policy. The Fair Use Policy is designed to protect the quality and integrity of Eclipse UC network.
Inconsistent Usage If we determine that your use of the service, features, or the device is, or at any time was inconsistent with the normal inbound or outbound usage patterns for the type of service or plan that you have purchased, we have the right to suspend or discontinue service generally, or to disconnect your service, at any time.
1.14 Porting of Phone Numbers
For customers to port existing phone numbers to our Hosted Voice Service porting fees will apply.
NECALL / Biztec Solutions provides no guarantee that the telephone number(s) will be ported within any specified timeframe. Porting hours of operation are 8am to 5pm AET Monday to Friday, excluding national public holidays.
NECALL / Biztec Solutions is not liable for any costs that may occur with your current service provider.
1.15 Unauthorised use of Services
You are solely responsible for maintaining the confidentiality of your password and customer login. You agree to pay all charges incurred on your account whether or not you authorised such use of the service, until such time as you notify us of any security breach regarding the service or of your confidential password or customer login.
1.16 Prerequisites to supply of the service
The Hosted Voice Platform is a fully functional telecommunication collaboration platform, hosted in a cloud data centre and delivered via an internet connection.
To access this Platform, the customer must have an internet connection with a minimum of 120/120Kbps of available bandwidth per simultaneous call, with no packet loss, and a ping of less than 150 ms.
Use hardware and software procured and configured through NECALL /Biztec Solutions.
IP handsets will require a working POE switch port patched to all telephone locations.
1.17 Equipment.
Any time you receive equipment from NECALL / Biztec Solutions, it continues to be our property unless we agree to sell it to you. While our equipment is in your care or on your property, you’re responsible for any theft or damage. The equipment needs to be used and maintained correctly and by the instructions we give. You also agree to keep our equipment free from charge, mortgage, lien or encumbrance – and make it clear to third parties that it belongs to us.
1.18 Warranty (CPE Equipment)
NECALL / Biztec Solutions warrants that the CPE equipment will be free from defects in material and workmanship under normal use (“Warranty”).
If the customer outright purchases CPE equipment this will be subject to the manufacturer’s warranty terms only.
If the CPE equipment is on a rental basis this will be subject to the manufacturer’s warranty terms, in addition throughout the term of the services, Biztec will repair or replace faulty CPE with the same or equivalent CPE subject to availability from the manufacturer.
The Warranty does not apply if the CPE:
has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Biztec;
has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; or
The Customer is responsible for the cost of returning goods to Biztec for warranty service and the customer may be responsible for additional costs including (but not limited to) freight and travel.
1.19 Customers Using NEC UNIVERGE BLUE® Hosted Voice
All legal polices relating to NEC Univerge Blue can be found at https://www.univerge.blue/legal/asia-pacific/ these will form part of the signup process.
1.20 Fault reporting and restoration
Customers may report service faults 24 hours a day, 7 days a week by email to service@necall.com.au
The service team will use their best efforts to identify and resolve the fault.
Where the issue cannot be resolved by the service team, they will follow a procedure to escalate the fault to a technical expert for further investigation.
NECALL / Biztec reserves the right to charge the Customer at its then commercial rates (including additional rates for out-of-hours service, as published in the relevant Service Schedule or Service Order) for fault restoration when NECALL / Biztec responds to a fault request from the Customer where the fault was a result of the following:
any fault in any equipment, software or network unit that does not form part of the NECALL / Biztec Infrastructure.
defects in the Customer Equipment or its installation
any act or omission of the Customer or any of its employees, consultants, contractors, agents or representatives.
