Standard Agreement for Yabbit Services

Provided by Live Communications Pty Ltd Trading as UPTI (ACN: 163 588 912)

Updated 18th February 2022

  1. These terms and conditions apply to the Live Communication T/as UPTI (hereafter referred to as UPTI in this document) (the “Service”). Please read this agreement (the “Agreement”) before using the service in whole or in In this agreement, “We”, “Us” or “Our” relates to UPTI or their agents and “You” or “Customer” relates to the person, person(s) or organisation receiving the Service. Also, acknowledge that these terms and conditions may vary from time to time. Notification will be provided in this case unless variations were made due to a change in law or regulation. These terms and conditions constitute a legally binding agreement between UPTI and the Customer. Upon signing this Agreement, the Customer is taken to have exclusively accepted and is immediately bound, jointly and severally by these terms and conditions.

 

  1. You acknowledge that although we will take all reasonable steps to make sure you receive the voice service within the local calling areas, the voice service is not free from faults or Certain factors, such as network congestion, maintenance, technical capabilities, geographic factors, obstructions, or interference may mean you will not receive the voice service at certain times.

 

  1. UPTI always recommends a separate NBN connection for voice and data to ensure no interference between UPTI also recommends all clients install NBN or approved business-grade data-link connections to replace 4G or older ADSL connections. We can’t guarantee call quality otherwise. By signing this documentation, you agree that UPTI will not be held responsible for failure of service if two NBN connections, the

secondary one being for phone service, or approved business-grade data link aren’t installed.

 

4 When using this service, you will ensure that you and others comply at all times with all laws and obligations, regulations, codes or determinations or any other requirements of any government or statutory authority, including licence conditions, applicable to the services and their use. Failure to comply with any licence, permit or authorisation relating to the connection of equipment to the Service Delivery Point or use of the services may result in immediate termination of the agreement. In addition, you must not transmit, distribute, or otherwise publish on the Service any libellous, defamatory, abusive material or material that could give rise to civil or criminal proceedings. If this occurs, UPTI will not be held liable for any charges incurred by these proceedings.

 

  1. The contents of the Service, including, but not limited to text, photographs, graphics, video and audio content (the “Content”) is protected by copyright as a collective work or compilation under the copyright laws of Australia and other countries, and owned or controlled by UPTI, their affiliates or the party credited as the provider of the All individual articles, content and other elements comprising the Content are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in the Service. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Service. Without limiting the generality of the foregoing, the UPTI service may not be resold or otherwise resupplied by any account holder to any other person or entity without UPTI’s prior written consent.

 

  1. If you have authorised payments by credit card, debit authority or other similar methods, then payments shall be drawn against your authority when due without further notice to you unless you terminate the payment method by 14 days written notice to Disconnection to the Service will occur in the event that your authorised payment method is refused or dishonoured by your nominated financial institution.
  2. If you have authorised payments by credit card, debit authority or other similar methods, then payments shall be drawn against your authority when due without further notice to you unless you terminate the payment method by 30 days written notice to Disconnection to the Service will occur if your authorised payment method is refused or dishonoured by your nominated financial institution.

 

  1. Your term begins when you are first connected to UPTI and continues for the period of time until you Should your details change at any time, you must notify us immediately. If you want to discontinue your connection, you must give us notice in writing to the UPTI billing department and requesting a disconnection. The Service will be disconnected after 30 days of receipt. UPTI may suspend, restrict, or disconnect the service under varying circumstances and at our own discretion at any time. A final invoice will be issued after disconnection and you must pay all fees and charges you incurred using the service, up to the date of disconnection.

 

  1. UPTI’s records are prima face evidence of the Customers use of the service and the charges UPTI allows customers to connect to the service using their own device. UPTI only charges for answered calls and ceases to charge when the call is terminated by the caller. Timed calls are calculated using the total network time used for each call. The Customer agrees that any calls from the UPTI number supplied to the Customer are deemed to be authorized by the Customer and the Customer will pay all charges accordingly. International, national, and mobile timed calls are charged in one-minute increments. If the value of your account in any calendar month is less than five dollars, then a flat charge of five dollars will apply for that month’s account.

 

  1. UPTI may provide Customers with access to the UPTI billing This software may provide figures detailing total call costs and individual call details. Where the software is provided, it is provided as a guide only and records should be kept by the Customer to check that the total provided is correct. The software should serve only as a tool for verifying the Customers own records.

 

  1. All Customers are assigned a unique UPTI identification number and The Customer should keep all passwords the Customer is given in connection with the service confidential. The Customer acknowledges that UPTI will disclose any information in connection with the customers’ accounts to any person who correctly quotes the Customers password.

 

  1. All customers are obligated to attend monthly EARS programs as scheduled by Customers must give notice and reschedule to an agreed time within 14 days if unable to attend.

 

  1. UPTI can issue customers with two different types of phone numbers for their phone service: Local Geographic Numbers – These are regular

Australian geographic telephone numbers issued by the Australian Communications and Media Authority (“ACMA”). They are the same numbers

 

as you would receive on a regular phone service provided by Telstra, Optus, AAPT or another telecommunications provider. They are State based and start with 02, 03, 07 or 08. Your rights and obligations are regulated by the ACMA. This includes the ability to port your number between different carriers. UPTI can provide local numbers in most areas. To receive a local number, you must provide a residential or business address in that local area where the telephone service is connected. Your local number can be listed in Sensis, plus the white and yellow pages. Numbers from the UPTI incoming Direct In Dial (“DID”) service – UPTI DIDs are direct in dial numbers owned by UPTI which are connected directly into our private branch exchanges (PBX’s) in various cities around Australia. UPTI’s incoming DID service gives you exclusive use of one or more of these numbers, so that any calls to the number will be automatically directed to your UPTI phone. You can further divert this call to any other fixed or mobile phone. UPTI DIDs are available in Brisbane, Sydney, Canberra, Melbourne, Adelaide, Perth and the Gold Coast. The benefit of having a DID is that callers in those cities will only pay a local call to access the DID number and the call will be directed to your UPTI ACMA phone anywhere in Australia or overseas. You can have as many DIDs directed to your service as you like, from as many cities as you like. These can be additional to any Local number and/or 0550 number you may have already connected to your service. UPTI DIDs are not listed in Sensis or the white or yellow pages. A DID number cannot be sent as your caller ID. The caller ID of the caller will be sent to your UPTI phone unless it has been withheld. UPTI DIDs always remain the property of UPTI and the use of these DIDs is a service offered by UPTI. You cannot port a UPTI DID to another provider.

 

  1. When calling Emergency Services (000) from an UPTI phone, except a free account, your location details will be automatically transmitted to the Because you are using a VoIP phone service, the operator will, when possible, verify your location details with you.

 

  1. If, in UPTI’s opinion, you breach any of terms and conditions of this Agreement, UTPI may suspend, terminate or limit your access to the Service and terminate this Agreement effective The termination of the Service shall not preclude UTPI from exercising any other rights UTPI may have against you under this Agreement.

 

  1. These terms plus the terms of the chosen Service(s) constitute the entire Agreement between the Customer and UTPI in relation to Service(s). 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 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.

 

  1. Termination of service on accounts under contract will be charged the monthly fee for the remainder of the contract E.g. If you have 8 months left on your 12-month contract on a $39.95 per month package you will be required to pay $39.95 x 8 which would be $319.60

 

  1. These terms and conditions are governed by the laws and regulations of the state of Queensland and any dispute arising out of this Agreement will be subject to the exclusive jurisdiction of Queensland,

 

  1. The failure by UPTI to enforce any of part of this Agreement shall not be treated as a waiver of that provision, nor shall it effect UPTI’s right to subsequently enforce that If any provision of this Agreement shall be invalid, void, illegal or enforceable, the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.

 

  1. Save for the Customer’s obligation of payment under this Agreement neither party shall be liable for any default due to any act of God, war, civil disturbance, malicious damage, strike, lockout, industrial action, fire, flood, drought, extreme weather conditions, pandemics and epidemics, compliance with any law or governmental order, rule, regulation, direction, or other circumstance beyond the reasonable control of either party (Force Majeure Event). Each party shall give notice forthwith to the other upon becoming aware of a Force Majeure Event, the notice to specify details of the circumstances giving rise to the Force Majeure Event and must do what it can to mitigate the effects of the Force Majeure Event on the performance of its obligations pursuant to this

 

  1. Both parties warrant that they have the power to enter into this Agreement and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Agreement creates binding and valid legal obligations on

 

  1. Any notice given in connection with these terms and conditions must be in writing and handed personally or sent by email, facsimile, or prepaid mail to the last known address of the Notices sent by pre-paid post are deemed to be received within 7 business days from the date of the notice. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.

 

Privacy

  1. In electing the receive services from UPTI you consent to us collecting, using, and disclosing your information for the following reasons only: purposes of billing, supplying carriage services as outlined in this agreement, forwarding to collection agencies for non-payment, as required by
  2. In signing this agreement you acknowledge that, as a supplier of carriage and NBN services in Australia, UPTI may be required, by law, to

monitor usage and intercept communications sent over UPTI’s services.

  1. UPTI ensures that it, and all associated bodies and contractors comply with the Privacy Act (1988).
  2. UPTI representatives may access your Yabbit domain for the purposes of technical support UPTI representatives act under strict confidentiality and will not disclose or access sensitive information unless requested by you or required by law.

 

 

Acceptable Use

  1. We have the right to suspend or discontinue service generally, or to disconnect your service, at any In addition, we reserve the right to immediately disconnect your service at any time without notice.

Disconnection of your service may occur in the following circumstances.

  1. Unlawful or inappropriate use: If we determine that you have used our service or the provided device for an unlawful or inappropriate If we determine that the use or content does not conform to the requirements in this agreement or that it interferes with our ability to provide service to you or others.
  2. Non-Payment: If any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method, or in case of any other non-payment of account
  3. Violation of laws of jurisdictions – If we determine that you have used our service or your device in violation of laws of jurisdictions outside of our service
  4. 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
  5. Tampering – If we determine that you have tampered with your In this instance we also reserve the right to charge you the full purchase price of any device provided to you for use with the service under a “special offer” scenario.

Our action or inaction under this provision does not constitute any review or approval of your action or use or content.

 

 

Disclaimer of Warranties

The service is available “as is” and “as available”. We do not warrant that the service will be uninterrupted or error-free. There may be delays, omissions, interruptions, loss of data and inaccuracies in the service, information provided by the service or other materials available through the service.

 

 

Limitations of Liability

UTPI and their respective officers, directors, shareholders, employees, representatives, parents, subsidiaries, affiliates, agents, or licensors shall not be liable for losses or damages of any kind whether direct, indirect, incidental, consequential, special, punitive or exemplary, and whether tangible or intangible in nature including lost revenues or profits, loss of business or loss of data, incurred by you and in any way related to the service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the service (including without limitation as a result of breach of any warranty or other term of this agreement) even if such damages, claims, losses or injuries were foreseen or foreseeable. To the extent that any liability is not legally capable of being excluded, any claim against us arising out of contract, tort or otherwise shall be strictly limited to the amount you paid, if any, for use of the service.