Fair use policy

1.     About this policy

Our Fair Use Policy is intended to ensure that our customers do not use our Services in an excessive, unreasonable or fraudulent manner or in connection with equipment that has not been approved by us. Because of this, you must follow this Fair Use Policy when you use any of our Services.

1. such usage may impact the operation of our network or the quality and reliability of our Services. Generally, legitimate use of our Services for their intended purposes will not breach our Fair Use Policy;
2. we can rely on our Fair Use Policy where we reasonably consider that you have used our Services in a way that is excessive or unreasonable (as set out below) or in the situations set out below under “Commercial use”;
3. we can collect information and investigate whether you are complying with the Fair Use Policy. If we find that you aren’t, and you do not comply within 30 days of us telling you, we may change or suspend your Service; and
4. this Fair Use Policy is not intended to release us from any obligation it has under any applicable legislation
5. this Fair Use Policy applies to all Customers who have entered into an Agreement with MOVOX Pty Ltd ABN 32 602 123 491 (“MOVOX”);
6. all terms used in this Fair Use Policy which are not expressly defined shall have the same meaning as defined in our Customer Terms;
7. we retain the right to vary the terms of this Fair Use Policy at any time and notify you by posting an updated version of the Policy on our website. The amended Policy will come into effect in accordance with Clause 2 of the Policy;
8. as part of our aim to provide a quality service at a reasonable price to all our users, the Fair Use Policy has been implemented to ensure that each subscriber’s use of the Service:

• meets legal requirements;
• does not unreasonably interfere with other subscribers; and
• does not unreasonably impact on our ability to provide the Service.

 

2.     When this policy comes into effect

1. if you are a new Customer this Policy applies immediately; and
2. if you are an existing Customer, this Policy applies 21 days after we send an email or SMS notifying a change to the Policy and posting the updated version of the Policy on our website.

3.     Security and passwords

We may require you to register with us in order to manage your account, to order and manage the services you have with us and to access certain sections of our website. Where you register with us, you:

1. must not disclose to any other person, corporation, entity or organisation any identification or log-in information, whether in use or not, nor any other confidential information relating to Services, Equipment, our network or systems;
2. are responsible for maintaining the secrecy and confidentiality of all identification, passwords and access details required by the Customer to access and connect Services, Equipment and the Customers My Account portal;
3. must not attempt to obtain unauthorised access to any system (for example, by attempting to use details to access the account of another User);
4. are responsible for any misuse of Services or unauthorised access to your network, computers, systems or other services to carry out any unlawful activity;
5. are liable for all Charges resulting from use of Services accessed through the Customer’s identification or log-in information, or Service registration details whether authorised by the Customer or not; and
6. must notify us immediately of any breach of this Clause 3.

 

4.     Voice services

4.1        Commercial use

The Services we make available to Customers are intended for their own personal and general business usage. Customers who use our services in their capacity as carriers or carriage service providers (or as a supplier to carriers or carriage service providers) must obtain services for such purposes under our wholesale terms and conditions. The following clauses are intended to ensure that this occurs.

You must not:

1. resell or commercially exploit any of our services;
2. re-route call traffic in order to disguise the originating party or for the purposes of resale;
3. use our services in your capacity as a carrier or carriage service provider or as another party supplying the Services to a carrier or carriage service provider; and
4. we can rely on our Fair Use Policy if we reasonably think that you have breached any of the previous clauses.

4.2        Residential use

Where we provide a Service for residential use only then:

1. usage patterns that suggest non-residential, commercial, excessive or unreasonable use of the Service we may suspend the service; and
2. request that an explanation be provided surrounding these patterns of usage.

 

5.     Excessive use

We consider  the use of your Service to be excessive if the volume of calls or the duration of calls is extraordinarily high or if you make or receive calls that cause significant congestion, disruption or adversely affect our network, a supplier’s network or adversely affect another Customer’s use of or access to the Services or our network or a supplier’s network.

If we detect usage patterns that suggest excessive use we will request that you reduce your usage. Persistent (two or more) breaches of our Fair Use Policy may result in us terminating your service:

1. on average, 95% of any local call, national calls, or call to mobile phone in Australia made from your service last no more than 60 minutes; and
2. we consider that using more than 500 minutes each month for local calls, or national calls, or calls to mobile phones in Australia made from your connected device is excessive use of our Services.

 

6.     Unacceptable use

We consider the use of your Service to be Unacceptable Use if the volume of minutes is extraordinarily high or if you make or receive calls that cause significant congestion, disruption or otherwise adversely affect the our network, a supplier’s network or adversely affect another person’s use of or access to the Services, our network or a supplier’s network.

Examples of unacceptable use are:

1. your usage of the service affects other Customers access to the network;
2. when you use a device that reroutes calls to or from our network or the network of another supplier;
3. when you use a device which avoids the Service Plan charges, or a device which limits the ability for other Customers to access the Service; or
4. you are re-supplying or reselling any Service or other similar activities (unless we have given our written consent for you to use the Service in this manner);
5. running a telemarketing business or call centre that engages 4 or more telemarketers/call centre personnel (unless if previously approved by us);
6. using the Service in connection with a device that switches, routes or re-routes traffic (e.g. calls, SMS, data, etc.) to or from our network or the network of any supplier;
7. using a device which may override subscription and/or pricing charges, potentially limiting the ability for other Customers to access the Service;
8. use software (such as automated agents) to maintain a connection or to reconnect when you are not personally using such connection;
9. attempt to make more than one simultaneous connection of a single subscription to the Service;
10. stay connected to the Service continuously for an unreasonable amount of time; or
11. any other activity which would not be reasonably regarded as typical or ordinary use.

Very high usage, especially with relation to data voice services such as Voice over Internet Protocol (VoIP) can be caused by a virus or other external exploitation that is unknown to the user, and in some cases can cause the users network to be utilised for illegal activity.

If we detect usage patterns that suggest unacceptable use of the Service (subject to investigation and in our exclusive opinion):

1. we will request that you reduce your usage; and
2. Persistent (two or more) breaches of our Fair Use Policy may result in us terminating your Service.

 

7.    Illegal and infringing use

You must not use the Service to breach any applicable criminal laws or to infringe on the rights of a third party.

This includes, without limitation:

1. fraudulent, deceptive or illegal activity;
2. infringement of copyright, trademarks or other intellectual property rights;
3. infringement of laws relating to censorship and classification of material;
4. using the Service to create, forward, distribute, transmit, publish or communicate material or which is defamatory, offensive, abusive, indecent, menacing, unwanted or otherwise unlawful or unauthorised;
5. in any way which or which may damage, interfere with or interrupt the Service, our network or a supplier’s network used to supply the Service; or
6. in any way that may expose us to liability.

 

8.    Inappropriate use of services

The Service is provided for the benefit of residential users and is not for commercial use or for use as a permanent connection.

You must not:

1. use software (such as automated agents) to maintain a connection or to reconnect when you are not personally using such connection;
2. download software or other material for sale, distribution or other non-personal use;
3. attempt to make more than one simultaneous connection to the Service;
4. stay connected to the Service continuously for an unreasonable amount of time;
5. run a telemarketing business or call centre; or
6. re-supply or resell the Service.

We consider your use of Services to be unacceptable use if your use of Services is considered fraudulent by us or to adversely affect the Service or another customer’s use of or access to our Service.

Among other things “fraudulent” use includes resupplying a Service without our consent so that a third party may access or use the Service.

 

9. Internet services

9.1      The customer acknowledges that:

When accessing the internet through using the Service and our network there is a possibility that other parties may gain unauthorised access to:

1. the Service or our network; or
2. the Customer’s equipment connected to our network (including any software used in conjunction with such equipment); or
3. the Customer’s confidential or personal information, thereby causing harm, damage or loss to the Customer

The Customer agrees to bear all risks of such harm, damage or loss occurring through the Customer’s use of the Service and our network and acknowledges that:

1. we are not responsible for any content that the Customer may publish via websites, email, newsgroups, online forums or other publishing mediums accessed through the Service or our network; and
2. we may take such action as it may deem appropriate to block access to, remove or refuse to post any content:

• in order to comply with any law or any directions of a regulator or other authority;
• that in our sole discretion we consider to be defamatory, offensive, abusive, indecent, menacing or otherwise inappropriate regardless of whether such content is unlawful; and
• to indemnify us against any claims, loss, actions, damages, suits or proceedings against us arising out of or otherwise related to such activities.

9.2       You cannot use our Internet Services:

1. in a way which results in you or us breaching, or being involved in a breach of a law, order or regulation (including a foreign law, order or regulation), a mandatory code of conduct; or a voluntary code of conduct that you have agreed to comply with;
2. in a way which results, or could result, in damage to property or injury to any person;
3. to knowingly send e-mail that may destroy or damage an e-mail recipient’s computer;
4. to knowingly accept email which is unlawful, and violates or infringes upon the rights of any person or corporation;
5. to reveal confidential information about our wholesale partner and/or its suppliers which may result in unauthorised usage of the Services except where you are required by law to disclose such information;
6. knowingly transmit information which contains viruses or other harmful components;
7. to interfere, damage or destroy computer systems operations of Services including disobeying any requirements, procedures, policies or regulations of our suppliers, other users or third parties;
8. to knowingly store or transmit any unlawful, threatening defamatory, offensive or pornographic material that constitutes a criminal or civic offence under State and/or Commonwealth laws:

• to harass, menace or stalk people;
• which enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you;
• which unlawfully incites discrimination, hate or violence towards one person or group, for example because of their race, religion, gender or nationality;
• to send, display or be otherwise involved in material which is obscene or defamatory;
• which is, or which would be considered by a reasonable person to be, offensive or abusive;
• to engage in any misleading or deceptive business or marketing practice;
• that involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;
• that infringes our or any other person’s rights (including Intellectual Property Rights and moral rights);
• which constitutes a misuse of our or any other person’s confidential information or;
• which results in a breach by you of any obligation that you owe to any person.

9.3      General matters

1. you are not authorised to access our computer systems or networks for any purpose other than to use the Internet Service in accordance with this policy and your agreement with us for supply of the Internet Service;
2. you must not interfere with the proper operations of the Internet Service or any other part of our network or system; and
3. you must not use the Internet Service to contribute to, or participate in, a Newsgroup, forum or chat room in a way that has or may have an adverse effect on the proper operation of those newsgroups, forums and chat rooms.

9.4      Newsgroups

The Customer must not use the Service or our network or allow the Service or our network to be used to:

1. engage in mass posting of messages to newsgroups;
2. post advertisements other than in newsgroups that specifically encourage or permit advertising;
3. post binary files other than in newsgroups that specifically encourage or permit such postings;
4. post large or numerous messages with purpose of disrupting a newsgroup; or
5. send messages that contain invalid or forged headers or domain names or deceptive addresses.

9.5      Spam, viruses, worms, Trojans, denial of service attacks

When using our network and Services you must comply with the Spam Act 2003 and Spam Regulations 2004. You must not use the Internet Services, attempt to use the Internet Services or allow the Internet Services to be used:

1. to send, cause the sending of or otherwise be involved in the sending of SPAM or USENET SPAM; SPAM means unsolicited Bulk electronic messages of any kind;
2. bulk means 20 electronic messages over a 10-minute consecutive period;
3. USENET SPAM means excessive electronic newsgroup messages, excessive means posting the same or substantially the same message to one or more newsgroups resulting in a Breidbart Index of 20 or more. A Breidbart Index is calculated by multiplying the number of messages by the square root of the number of newsgroups that they are posted to over a consecutive 45-day period;
4. in connection with any program (including a virus, Trojan horse, worm, cancel-bot, time bomb), or activity (including a denial of service attack), that is designed to provide or allow any form of unauthorized control of, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data is our’s or anyone else’s);
5. to access or use our or anyone else’s systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data;
6. to create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you; or
7. to manipulate or bypass our content usage limits by any means including connecting multiple modems to the Internet Service.

9.6      Other obligations related to SPAM and USENET SPAM

1. you must not benefit from SPAM or USENET SPAM (which includes causing or requesting any of your details to appear in SPAM or USENET SPAM and/or receiving responses to SPAM or USENET SPAM);
2. you must not purchase, create, use, distribute, sell or otherwise be involved in software, Internet Services or lists of sites, addresses, numbers or other identifiers of any kind (including email addresses and phone numbers) that are used to promote, send, or assist with the sending of SPAM or USENET SPAM.

9.7      Bulk messages

If you send Bulk solicited electronic emails, then:

1. you must include in each message, an email address, telephone number, facsimile number or mailing address that can be used to notify you that the recipient no longer wishes to receive such messages from you (“Opt Out Notice”); and
2. if you are sent an opt-out notice, then you must immediately comply with the notice.

9.8      E-mail limits

We set limits on the size of emails sent to or by you, the period for which emails messages can be stored and the maximum disk space that will be allotted on our servers for your Internet Service. These limits are set out in the Internet Service Plan associated Critical Information Summary.

We will delete any electronic mail message sent to you, by you or addressed to you if:

1. the size of the mail message (including attachments) exceeds your mail quota;
2. the total of your undeleted messages (including attachments) exceeds your Mail Quota;
3. you have not deleted the message within 180 days of it becoming available to you (whether read or unread). We recommend that you delete emails on a regular basis, as, once deleted, the message, the message will not be able to be retrieved; or
4. you will not send any electronic mail message that is sent using a (server/service) other than our SMTP server, unless we otherwise agree with you.

We will delete any electronic mail message where the message has been stored in the Deleted, Spam, or Outbox folders 7 days after the message becomes available to you or was sent by you. If we delete any electronic mail messages under the terms of this agreement, we are not required to notify you or the sender of the mail message

9.9      E-mail subscription service

Customers using the Service or our network to run an email subscription service must observe the following requirements:

1. a subscriber of the subscription service must nominate their own email address to the Customer;
2. the Customer must then send an email to the subscriber seeking confirmation that the subscriber wants to be added to the Customer’s mailing list;
3. the subscriber’s email address is only to be added to the Customer’s mailing list if the subscriber replies to the Customer’s email confirming that the subscriber wants to be added to the Customer’s mailing list;
4. if the subscriber fails to reply within fourteen (14) days, the Customer must remove the subscriber’s email address from the Customer’s email mailing list; and
5. the Customer’s functional unsubscribe facility must allow for immediate removal of an email address from the Customer’s mailing list when requested by a subscriber and for a reply confirming removal to be sent to the subscriber.

9.10      Prohibited activities

The following activities carried out using the Service or our network are prohibited:

1. sending emails, or causing emails to be sent, to or through our network that hides or obscures the source of the email, that contains invalid or forged headers or domain names or deceptive addresses;
2. receiving or collecting responses from bulk unsolicited emails whether or not the original emails were sent using our network;
3. hosting a website to which recipients of bulk unsolicited emails are directed;
4. relaying emails from a third party’s mail server without permission or which employs similar techniques to hide or obscure the source of the email;
5. collecting or harvesting screen names or email addresses of others for the purpose of sending unsolicited emails or for exchange;
6. sending large or numerous emails for the purpose of disrupting another party’s computer or account;
7. sending emails that may damage or affect the performance of an email recipient’s computer (including any emails which contain viruses or other harmful components);
8. persistently sending emails without reasonable cause or for the purpose of causing nuisance, annoyance, inconvenience or needless anxiety to any person; or
9. connecting our network to an open relay mail server or any other device which may allow third parties, whether connected to our network or to another service provider’s network, to use that mail server or device for the purposes of sending electronic messages, solicited or otherwise, with or without the Customer’s prior knowledge or consent.

In particular, the Customer:

1. must not use or permit the use of the Service or our network to accept, transmit or distribute bulk and/or unsolicited commercial electronic messages, including messages of an advertising or promotional nature (Spam); or
2. supply, acquire or use or permit the supply, acquisition or use of any software designed to harvest email addresses through the Service or our network or any electronic email address list produced using such address-harvesting software.

The only circumstances in which the Service or our network may be used to send unsolicited emails of an advertising or promotional nature are where such emails are sent to persons:

1. with whom the Customer has a pre-existing business, professional or personal relationship; or
2. who had previously indicated to the Customer their consent to receive such emails from the Customer from time to time, for example by ticking a box to that effect on the Customers website

Unless clause 9.10 (l) or (m) is complied with, the Customer must not send unsolicited bulk emails using the Service or our network.

Even if clause 9.10 (l) or (m) is complied with, such emails must:

1. include information about the individual or organisation who authorised the sending of the emails; and
2. contain a functional unsubscribe facility made known to the recipients who may exercise an option to be removed from the Customer’s emailing list.

 

 

10.    If you breach this policy

If we believe on reasonable grounds that you have breached this Policy, we may take one or more of the following steps:

1. charge our standard call rates for the relevant call type where the total minutes used in any month is considered to be excessive use of our Services (in accordance with Clause 5(b) of this policy);
2. suspend your access to the Service indefinitely or for a specific period;
3. place limitations on your use of the Service; and
4. terminate your access to the Service and refuse to provide the Service to you in the future.

If we reasonably believe that you are in breach of this Fair Use Policy, we can:

1. cancel or limit your right to use a Service without notifying you before we do so; and
2. suspend or cancel your Services by notifying you in writing 30 days in advance.

 

 

 

Glossary

“ACIF” means Australian Communications Industry Forum;

“ACMA” means the Australian Communications and Media Authority;

“Additional Charge” means a charge in accordance with our standard rates in effect from time to time;

“Administrator” means a liquidator, provisional liquidator, administrator of a company or deed of arrangement, or receiver and/or manager of an Eligible Company;

“Agreement” means the Agreement between us and the Customer for provision of the Service which Agreement is comprised in the Application and these Customer Terms;

“Application” means the Customer’s online application to us for provision of the Service which sets out the Minimum Term, Service Description, Pricing Plan and details of any charge such as Equipment Charge, any fees such as access fees, administration fees, suspension fees, cancellation fees, late payment fees, payment dishonour fees, reconnection fees or reactivation fees payable by the Customer and any refund or rebate to which a Customer may be entitled;

“Billing Period” means the period chosen by us for calculating your monthly Charges from time to time;

“Business Day” means Monday to Friday excluding public holidays in Victoria, Australia.

“Business End User” means any person:

1. to whom a Business Customer asks us to supply the Service directly;
2. to whom a Business Customer (with our prior permission) re-supplies the Service or allows to distribute the Service;
3. who a Business Customer allows to use the Service; or
4. to whom a Business Customer supplies any goods or Services which use or rely on the Service.

“Capped Calls” means fixed charge calls as described in Clause 6.2;

“Cancellation Date” means:

1. the date thirty (30) days after the Customer notifies us that the Customer wishes to cancel the Service, unless we agree otherwise;
2. the date at least thirty (30) days after we notify the Customer that we will be cancelling the Service; or
3. as otherwise set out in the Agreement.

“Carriage Service” means a Service for carrying communications of guided or unguided electromagnetic energy. (Telecommunications Act 1997 Sect.7 (Cth))

“Carrier” and “Carriage Service Provider”, Carriers operate telecommunication networks and infrastructure (Carriage Services). Carriage Service Providers use carrier networks to provide Services such as voice and internet Services.

“Charges” means the cost of the Services (whoever the same have been used by) calculated at the rates shown in the relevant Critical Information Summary and Application Form as varied in accordance with these Customer Terms and any GST not included in the quoted price.

“Churn” means to change from having a Service supplied by one carrier or carriage Service provider to having the Service supplied by another carrier or carriage Service provider in the context of ADSL1 or which the losing Service provider or carrier and gaining Service provider or carrier are participants of the Rapid Transfer Facility. In the context of Long-Distance pre-selection for which the losing Service provider or carrier and gaining Service provider or carrier are participants.

“Competition and Consumer Act” means Competition and Consumer Act (2010).

“Consumer Customer” means any Customer who is a person who acquires and uses the Service for personal, domestic or household use only and who complete an application for a Residential Grade Service.

“Critical Information Summary” means an important document that sets out a range of essential information about every product or Service on offer from us.

“CSG” means the Telecommunications (Customer Service Guarantee) Standard 2011;

“Customer” as indicated on the Account Application means the business entity or individual using the Services from time to time;

“Eligible Charges” means the amount that you incur by way of Charges in each month for local calls, long distance calls, calls to mobile telephones, international calls, inbound calls to 1800 or 1300 numbers, mobile calls and recurring monthly Internet plan Charges;

“Eligible Customer” means a company that is being wound-up, or has a provisional liquidator acting, or is under administration, or has executed a current deed of company arrangement, or it or its property is subject to receivership and/or external management;

“Equipment” means the goods, Services and training (if any) more particularly described in the quotation and/or Application Form, which are to be supplied by us to the Customer;

“Equipment Charge” means any payment to us for use of Equipment.

“Excess Usage” means the Charges that may be rendered to your account in respect of the Services supplied above the call Charges included in your Tariff plan;

“Fair Use Policy” means our Fair Use Policy (as modified from time to time) which may be found at Fair Use Policy;

“Fixed-Term Agreement” means an Agreement (other than a month to-month Agreement) that has a Minimum Term.

“GST” means any value-added or goods and Services tax, withholding tax, charge (and associated penalty or interest), rate, duty or impost imposed by any authority at any time but does not include any taxes on income or capital gains.

“Guarantee” means a Guarantee in writing from one or more guarantors acceptable to us in such form as we require;

“Industry Code” means a code published by ACIF from time to time;

“Industry Participant” means the Communications Alliance Limited, and the Telecommunications Industry Ombudsman

“Insolvency Event” means:

1. bankruptcy proceedings are commenced against the Customer, or the Customer is declared bankrupt;
2. any step that is taken to enter into any scheme of arrangement between the Customer and the Customer’s creditors;
3. any step that is taken by a mortgagee to enter into possession or dispose of the whole or any part of the Customer’s assets or business;
4. any step that is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administrator or other like person to the Customer or to the whole or any part of the Customer’s assets or business;
5. the Customer suspends payment of the Customer’s debts generally; or
6. the Customer is, or becomes, unable to pay the Customer’s debts when they are due, or the Customer is, or is presumed to be, insolvent for the purposes of any provision of the Corporations Act 2001 (Cth).

“Installation Date” means the date (if any) specified in the Application Form for the installation of the Equipment for Supply;

“Intellectual Property Rights” means copyright, trade mark, design, patent, semiconductor or circuit layout rights;

“Internet” means the world-wide connection of computer Networks providing for the transmittal of electronic mail, on-line information, retrieval of information and file transfer protocol;

“Intervening Event” is an event outside a Party’s reasonable control which interferes with the operation of the network we use to supply the Service and results in ongoing disruption to the Service. Such an event includes failure of any electrical power supply, failure of air-conditioning or humidity control, electromagnetic interference, fire, storm, flood, earthquake, accident, war, the change or introduction of any law or regulation (including the Telecommunications Legislation) or an act or omission of any third Party or any failure of any Equipment owned or operated by any third Party (including any regulator, any Supplier or any of their Personnel).

“Logon ID” means a unique username, password and account designation issued by us to you which allows you to access the Service;

“Loss” means any loss, cost, liability or damage, including reasonable legal costs

“Minimum Term” means the period of time for which the Customer has agreed to receive the Service under a Fixed-Term Agreement. The Minimum Term begins on the Service Start Date and runs for the period of time stated on the Application, unless otherwise set out in the Agreement.

“MOVOX” means MOVOX PTY. LTD. A.B.N. 32 602 123 491

“MOVOX Group Company” means MOVOX and each of its related corporations

“MOVOX’s Normal Business Hours” means the normal hours during which we are open for business, as specified on our website from time to time;

“MOVOX Phone” means a voice Internet telephone that may be purchased from us for use with the Software

“MOVOX’s Service Centre” means the Site designated by us from time to time from which MOVOX can most conveniently and practicably provide Technical Support Services and repairs;

“MOVOX User” means any person or organisation that has a Login ID for use on the Service

“MOVOX website” means the web site at https://movox.com.au;

“Network” means any interconnected telecommunications Equipment, facilities, or cabling.

“Options” means the Customer Options described on the relevant Critical Information Summary;

“Operating Manuals” means the documentation relevant to instruction in the use of the Equipment for Supply more particularly described in the Application Form;

“Order” means the Application for Services or product purchase completed by the Customer or by us on behalf of the Customer;

“Party” means a Party to the Agreement.

“Personal Information” means information about the Customer from which the Customer’s identity is apparent or can reasonably be ascertained. Personal Information includes the Customer’s name, address and other details (including, for example, numbers called, time of call and location of call) and the Customer’s personal or commercial credit rating.

“Personnel” means employees, agents, contractors or other representatives and, in the case of us, includes the employees, agents, contractors or other representatives of any MOVOX Group Company.

“Plan Access Fee” means a fixed minimum monthly fee paid to access a Tariff plan.

“Premises” means locations:

1. at which we supply the Service, and/or
2. to which we need to have access to supply the Service.

“Pricing Plan” means the Customer Terms and prices of the plan for the Service the Customer has selected in the Application;

“Phone Subsidy” means a special promotion or offer made by us in connection with the Service, including in relation to a particular Pricing Plan.

“Qualified Referral” means a business which:

1. a participant submits as a referral using our referral submission form at https://movox.com.au/refer;
2. is not a current, pending, or last-30-days Customer of us, based on the date the referral is submitted;
3. is not the participant’s employer;
4. has a personal connection to the participant; and
5. is willing to discuss purchasing a hosted phone system.

“Rate Plans” means the individual sheets produced by us containing brief descriptions of rates and other Charges payable and Options available in respect of the various Services packages that it offers to Customers;

“Regulator” or “Regulatory” means the Australian Communications and Media Authority, the Australian Competition and Consumer Commission, or any other relevant government or statutory body or authority.

“Related Corporation” of a company means another company that is related to that entity in any of the ways specified in section 50 of the Corporations Act 2001 (Cth).

“Rental Rate” means the interest rate implicit in this Agreement, as reasonably determined by us;

“Rent Instalment” means the rent instalments specified in the schedule, and comprises rent, and applicable fees, taxes and duties, and without limitation, may include stamp duty and GST;

“Residential Grade Service” means a Service that does not carry a Service level Agreement, or a Guarantee of uptime. (We imply and express no warranties as to its suitability or availability for any purpose. We do not recommend residential grade Services for business needs, or mission critical purposes.).

“Residual Value” means the value of the goods (as determined by us in calculating the rent for the goods), as at the date on which the goods would be returned to us upon this Agreement running its full term;

“Reward Programs” mean the Reward Programs described on the relevant Rate Plans;

“Roaming” means the ability to use the network of overseas mobile carriers when traveling overseas;

“Service” means our Service with the Options and features and any related goods (including Equipment) and ancillary Services provided or to be provided by us to the Customer in connection with that Service;

“Service Description” means the part of the Order Form which describes the Service provided or to be provided by us to the Customer;

“Service Start Date” for the Service means the date on which we start supplying that Service to the Customer as will be notified by us to the Customer after acceptance of an Order for the Service;

“Site” means the location for delivery and installation of the Equipment for Supply as specified in the Application Form.

“Standard Terms” means the standard terms set out in these Customer Terms as varied from time to time;

“Small to Medium Business (SMB) Customer” means a Business Customer who is a business or not-for-profit organisation of twenty or less employees with an annual turnover under $3,000,000 that does not operate from the owner’s home that acquires and uses the Service for business purposes other than resale, and who complete an application for a SMB Service.

“Small to Medium Business (SMB) Service” means a Service that is does not carry a Service level Agreement, or a Guarantee of uptime that is provided by us to explicitly to SMB Customers. (We imply and express no warranties as to its suitability or availability for any purpose. We do noy recommend residential grade Services for business needs, or mission critical purposes.)

“SMS” means text messages sent on the short messaging Service via your computer or mobile telephone Service;

“Software” means the Internet and or telephone Software and associated materials licensed (or sub-licensed) by us to you.

“Successful referral” means a qualified referral which:

1. purchases our Services no more than 12 months after the referral was submitted; and
2. keeps current with payments for 90 days after the start of billing.

“Supplier” means any Supplier of goods or Services (including interconnection Services) which are used directly or indirectly by us to supply the Service to the Customer.

“Technical Support” means telephone or on-site support Services;

“Telecommunications Industry Ombudsman” means the ombudsman established under the Telecommunications (Consumer Protection and Service Standards) Act 1999;

“Telecommunications Legislation” means the Telecommunications Act 1997 (Cth), the Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth) and Part XIB, Part XIC and related provision of the Competition and Consumer Act (2010).

“Term” means any minimum period stated in the Critical Information Summary related to the associated Service plan;

“Unusually High Use” means high usage of the Service on a short-term basis that is not consistent with a Customer’s normal pattern of use, or a sustained high usage which exceeds the general average usage of Customers on a similar Pricing Plan or who have accepted a similar Special Offer.

“Warranty Period” means the period (if any) specified in the Application Form; and

“you” and derivations from that word are references to the Customer and references to

“your Agreement” are references to the Agreement between us and the Customer.