1. Terms of Service
1. These terms of service constitute the agreement ERA Hosting (we or us) and the end user (you, your or customer). By activating or using any of the services, you represent that you are authorised to enter into this agreement and that you have read and understood the terms and conditions of this agreement.
2. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services and subject to, prevailing Law.
2. Our Services
1. We reserve the right to reject your application should we not deem your company eligible to enter into contract of the provided VoIP solution. No contract is binding until we accept your application.
2. You understand that the VoIP service provided by us is not a traditional phone service and is provided on a best efforts basis. We cannot guarantee uptime due to all the prevalent external factors however we will use all reasonable endeavours to make our services available to you at all times, however things beyond our control such as power outages at your premises or the performance of your Internet Connection to our service may disrupt the service we provide.
3. By accepting these terms you acknowledge that our provided VoIP services are not required to make Emergency calls of any nature.
4. You accept that ERA Hosting might not be compatible with non-voice communications equipment such as alarms, fax machines, and any legacy telephony equipment.
3. Charges and Payment
1. To use our payable services you must have a credit balance on your account and agree to use the provided payment facilities to deposit a credit balance onto your account and this can be done online at cloudpbx.era.net.au.
2. For the latest rates, please contact firstname.lastname@example.org
3. You are responsible for your account and any charges incurred from either you or someone else and are required to pay these charges regardless of whether you or someone else uses those services.
4. Refund Policy
1. A billing dispute may be raised 30 days prior to the next debit date. If you fail to do so you acknowledge you will be deemed to have waived your right to a refund.
2. No refunds will be provided for any unused credit balances. A credit balance for an account that has been inactive for 6 months will be lost.
5. Using Our Services
1. You must not use our services (or permit our services to be used) in a way that: breaks any laws or infringes anyone’s rights or in a way which is malicious, obscene or offensive. ERA Hosting will not be held liable for any criminal charges incurred by you or anyone using the VoIP services we have provided to you.
2. You agree that the contact information which has been provided during sign up is correct should we need to contact you from time to time for any reason.
3. We can suspend or restrict the services we provide you at any time if:
1. You resell any of our services in any shape or form;
2. You do not use the services provided to you by us in a manner which we deem fit or as per the below fair use policy.
3. We believe that you have breached any of our terms and conditions.
4. Unlimited local minutes on ERA Hosting plans are available on the basis of fair use. If you use the service in a way that contradicts the above you acknowledge we may:
1. monitor and investigate your usage; and
2. suspend and/or withdraw the Service; or
3. charge our standard per minute rate for additional calls
5. You must keep all passwords and PIN codes associated with all aspects of the service secure and make sure these are not disclosed to any unauthorised person. You must change your password or PIN number if we ask you to do so. You acknowledge that any malicious access to the provided services due to unsecure passwords and negligence is accountable by you.
6. We do not accept any liability for loss of data or charges incurred by access to the systems from the above mentioned.
7. If your service is cancelled, terminated or reallocated you will relinquish and discontinue use of any numbers, voicemail access numbers and/or web portals assigned to you by ERA Hosting.
6. VoIP Services, Hardware and Phone Numbers
1. Any Virtual Services, Physical hardware, Software Applications or Phone Numbers that we allocate to you does not become your property and does not constitute any transfer of property rights. Unless specifically stated, we reserve the right to collect any physical hardware should any of the Terms of Service be breached.
2. Should any changes need to be made to Numbers or any aspect of the VoIP services we will give sufficient notice to you before doing so.
3. We can withdraw or terminate any number at any time without liability.
4. Porting of your ERA Hosting Numbers to another Service provider is allowed. Should you wish to do so you must contact the other service provider directly and you will be responsible for completing the Porting requirements of that service provider. You will be responsible for all costs associated with porting the number.
5. You acknowledge we do not accept any responsibility for any disruption to service caused by any aspect of the above mentioned porting process.
6. If your account is inactive for more than 6 months or disconnected and you have not ported the associated phone number(s), we may at our sole discretion reallocate the number(s) associated with your account.
7. Scale Up and Scale Down Policy
1. Should you wish to scale up or scale down a full 30 days’ notice must be given. A Scale up or down request form should be completed and emailed to email@example.com advising of any changes required.
2. We reserve the right to refuse the scale down request should the correct procedure not be followed or the correct notice not be given.
3. You accept that should the above not be followed your account will be debited with any fees associated with the current licenses associated with the account.
1. We can terminate this agreement, or the provision of any service to you, immediately if you breach any term of this agreement or if we reasonably believe that you have supplied incorrect or misleading information to us.
2. If this agreement is terminated for any breach or misuse of the service, you are not entitled to a refund for any credit balances on your account, unless agreed otherwise.
3. In order to terminate your service, you must complete a cancelation request form and email it to the following address firstname.lastname@example.org. Termination will not take effect until a cancelation acknowledgement has been sent and until the end of your current prepaid month.
1. We exclude all of our liability to you in associated with us providing services to you or failing to provide services to you for any reason. Without limiting this, we are not liable to you (and nor are any of our officers, employees, contractors or agents liable to you):
1. if any communication is intercepted, not properly transmitted or received;
2. for any disruptions or delays with the use of our services;
3. for any incompatibility with other services;
4. if any software we supply does not operate properly; and
5. for any equipment or network failures.
2. We are not liable to you for any fault in, delay or non-provision of services which is caused by an event beyond our reasonable control.
3. If you use another service provider during any period when our service is not fully operational, we are not liable to pay any amount you are charged by that service provider.
4. You acknowledge that no third party whose network or services we use to supply services to you (nor any officer, employee, contractor or agent of such third party) is in any way liable to you in connection with our services.
5. Nothing in this clause limits any rights you have under the Consumer Guarantees Act.
1. We will collect personal information from customers to provide and provision services, including but not limited to name, physical address, email address, and contact phone number.
2. Any personal information we collect is kept securely at our offices. You are entitled request to see any information we hold about you, although you must pay our reasonable administration fee for making it available.
3. Except where we provide private encrypted links, when transmitting voice and other communications via the public internet and third party networks we are not liable for any lack of privacy with the service.
11. Changing these Terms
1. We reserve the right to change these terms from time to time by giving you as much notice reasonably possible. We will inform you of any change to our terms by emailing you and by providing relevant information on our website. The latest terms and conditions are available at http://era.net.au/hosting.
1. ERA Hosting’s primary communication method with you will be via email. Notices to you will be sent to the email address specified by you during sign up for service or as subsequently specified by you as your contact email address. We may also obtain personal information from your use of our services.
2. If your contact email address changes you must advise us of the new details in order for us to update our records as soon as possible.
3. We do not accept responsibility for any notices reaching you should your contact information have changed and not been updated or should the information be incorrect at the time of sign up. It is your responsibility to make sure all the information recorded is correct.
4. You agree that sending a message to your contact email address is the agreed means of providing notification. Notifications include information about the service, billing, changes to services and other information. You are required to read any email sent to your contact email address in a timely manner to avoid any potential disruption to your service.
13. Other Matters
1. These terms are to be interpreted in accordance with the laws of the Supreme Court of Western Australia. Any dispute regarding the provision of our services under these terms is to be determined Supreme Court of Western Australia.
2. You must not assign your rights under this agreement. We can transfer our rights and obligations under this agreement to anyone else. We will notify you if we do so.
3. A delay in exercising any right is not a waiver of that right. A failure to exercise a right on any occasion does not prevent any subsequent exercise of that right.
4. Any usage reports which are generated from the cloudpbx.era.net.au customer portal are in AEST (Australian Eastern Standard Time)