Customer Terms

The following Customer Terms will apply to Agreements for Services made with MOVOX unless there is a specific Agreement to vary or exclude them signed by MOVOX and the Customer. In addition to these Customer Terms, Agreements for Services will include one or more Order for Services and one or more Critical Information Summaries associated with your Service Plan.


1.  AGREEMENT FOR SERVICE

1.1 Making of the Agreement

A legally binding Agreement is made between MOVOX and the Customer when MOVOX accepts your Order for Services which may be completed and signed by you personally, submitted online or completed by MOVOX on your behalf over the telephone.

The person ordering the Service confirms to MOVOX that they have full power and authority to do so on behalf of the Customer.

1.2 Period of Agreement

Your Agreement will commence (Service Start Date) from the date of installation, activation or transfer of the Service from your existing Carrier or Service Provider and continues for the Term until terminated by you or MOVOX in the manner set out in these Customer Terms.

1.3 Services included

Your Agreement will extend to each of the Services listed on the Order for Services and will be subject to the matters set out in the Critical Information Summary associated with the Service Plan. It will also include any new telephone numbers or Services that you request in the future and that MOVOX agrees to provide.

1.4 Eligibility for service

If you apply for a Business Service you agree to hold a current Australian Business Number throughout the term of your Agreement and are over the age of 18 years.

1.5 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 the MOVOX website. Where you register with us, you:

(a) 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, MOVOX’s network or systems;

(b) 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;

(c) must not attempt to obtain unauthorised access to any system (for example, by attempting to use details to access the account of another User);

(d) are responsible for any misuse of Services or unauthorised access to your network, computers, systems or other services to carry out any unlawful activity;

(e) 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;

(f) must notify MOVOX immediately of any breach of this Clause 1.6

1.6 Administration

Without prejudice to MOVOX’s rights under Clause 11.1(b) if the Customer ceases to be an Eligible Customer, and you or an Administrator requests that MOVOX continue to supply Services, MOVOX may open one or more new accounts and charge the new account holder a connection fee at the rate shown on the Critical Information Summary associated with the Service Plan.

1.8 Commissions

MOVOX may pay commissions to buying groups, our Business Partners, Participants in our Referral Program and other introducers of business to MOVOX.

1.9 Variations to Terms

We may change these Customer Terms from time to time by altering the version available on the MOVOX website.

2. Specific Terms for Services

In addition to these Customer Terms, specific terms and Policies apply to our supply of services, Technical Support and the supply of Equipment; those include:

(a) Critical Information Summaries associated with your Service Plans

(b) Fair Use Policy

(c) Technical Support and Equipment terms; and

(d) Direct Debit Service Agreement

2.1 Customer Service Guarantee

The Telecommunications (Consumer Protection and Service Standards) Act 1999 (“Act”)
sets out certain protection and rights available to a Customer when receiving a standard telephone service, known as the Telecommunications (Customer Service Guarantee) Standard 2011 (“CSG”).
www.legislation.gov.au/Details/C2020C00066/
www.legislation.gov.au/Details/F2011C00791/

The CSG entitles a Customer to Waive, in whole or in part, their protection and rights under Part 5 of the Act in relation to a particular carriage service supplied by a carriage service provider to the customer.

2.2 Waiver

When we supply a service this Waiver sets out the protection and rights that you agree to forego to the extent that such protection and rights relate to the Service:

(a) Damages for breach of performance standards, as per section 116 of the Act.
(b) Time for payment of damages for breach of performance standards, as per section 117A of the Act.
(c) Right of Contribution, as per section 118A of the Act.
(d) Guaranteed maximum connection periods, as per the CSG.
(e) Guaranteed maximum rectification period, as per the CSG.
(f) Information to be given to Customers, as per the CSG.
(g) Making and Changing Appointments, as per the CSG.

2.3 Services to which the Waiver applies

This Waiver applies to the Services to be provided by MOVOX under the MOVOX Customer Terms and any other Agreement between MOVOX and the Customer, entered into on or about the date of this Waiver (“Service(s)”).

2.4 Acknowledgement of Waiver

You are not obliged to consent to the Waiver but if you do not do so then MOVOX is unable to provide the Services to you.

(a) The Customer waives their protection and rights available under Part 5 of the Act to the extent that such protection and rights relate to the Service; and
(b) As a result of the Waiver:

i. to the extent permitted by law, no express performance standards apply to the Services under the MOVOX Customer Terms and any Agreement between MOVOX and the Customer;
ii. the performance standards made pursuant to Part 5 of the Act do not apply to the Services; and
iii. the Customer will not be able to claim damages or any amounts in compensation from MOVOX where any such performance standards made pursuant to Part 5 of the Act are not met.

2.5 Date the Waiver takes effect

This Waiver takes effect 7 days from the date that you order the service from
MOVOX unless you notify us of your intent not to be bound by this Waiver within the 7-day timeframe you notify us.
To contact us please refer to section 15.1 of these Customer Terms.

2.6 Critical Information Summaries

Our supply of Services to you is subject to the matters set out in the Critical Information Summary associated with your Service Plan. Critical Information Summaries provide you with important information about your Service Plan. They cover things like the length of your contract, how much you need to pay each month, the cost of calls, what’s included in each plan and what’s not. You can obtain the Critical Information Summary associated with your Service Plan from the MOVOX website at Critical Information Summaries

2.7 Unlimited plans and included call allowances

Where a Service Plan includes an allowance of direct dialled local, national, International call and calls to mobile telephones within Australia that you make and inbound 1300 or 1800 calls and fax pages that you receive will not cost more than the fixed cost for the duration or quantity of included call or fax page allowance shown in the Critical Information Summary associated with your Service Plan.

Calls and fax pages exceeding the duration or quantity of the included allowance in any Billing Period will be billed at the rate shown in the Critical Information Summary associated with your Service Plan.

(a) This applies to Fixed Term Service Plans:

i. that include Unlimited Eligible Calls or fax pages to cost no more than the Service Plan minimum monthly access fee;

ii that include a number or duration of Eligible Calls or fax pages to cost no more than the Service Plan minimum monthly access fee;

iii where an Eligible Call is made or received or fax pages received by the Customer whilst using software or equipment that is approved and supplied by MOVOX.

(b) Eligible Calls originating from within Australia include:

i. calls to Australian local and national phone numbers;

ii. calls to Australian mobile numbers answered within Australia;

iii. calls to landline phone numbers located in the following International destinations: Canada, China, Denmark, France, Germany, Greece, Hong Kong, India, Italy, Malaysia, New Zealand, Portugal, Singapore, Spain, Sweden, South Africa, Taiwan, Thailand, United Kingdom and the United States of America; and

iv. inbound calls to 1300 and 1800 numbers terminating on the MOVOX network

(c) Calls that are not included as an Eligible Call are calls to:

i. 1300, 13 or 1800 numbers;

ii. 0800 New Zealand toll free numbers;

iii. operator or directory assistance numbers;

iv. satellite numbers and competition numbers;

v. International destinations not listed in Clause 2.2(b) iii;

vi. mobile telephone numbers located outside Australia; and

vii. Norfolk Island, Christmas Island, Cocos (Keeling) Island and Lord Howe Island

Calls that are not included as an Eligible Call will be charged at the rate set out in the Critical Information Summary associated with your Service Plan and are payable in addition to the Service Plan minimum monthly access fee.

2.8 Reward programs

MOVOX may offer a Reward Program where the amount of your Service Plan minimum access fee and Eligible Calls in each Billing Period will entitle you to a credit or other benefit shown in the Critical Information Summary associated with your Service Plan.

The following terms apply to your participation in the Reward Program:

(a) If you fail to pay the whole or any part of your bill by the due date you will forfeit the benefit of any Reward Program credit that you would otherwise have been entitled to in respect of that month or any discount to which you would otherwise have been entitled;

(b) any Reward Program credits earned can only be redeemed at MOVOX’s authorised redemption partners;

(c) If you are issued with a card to draw upon credits earned, the card will be issued subject to the terms and conditions imposed by the card issuer, a copy of which will be provided when you request entry into the program; and

(d) Any Reward Program credit balance accrued due to you but undrawn will be cancelled if your Agreement is terminated by either party.

2.9 Phone Subsidy

With our UNIVOX Service Plans you have the option to pay the monthly plan access fee 24-months in advance and receive a subsidy credited toward your purchase of phones from us.

When you subscribe to a UNIVOX Service Plan and choose the Phone Subsidy option:

(a) your monthly UNIVOX Service Plan access charge is payable 24-months in advance upon order;

(b) we will bill you monthly in arrears for any applicable call usage charges;

(c) the Phone Subsidy amount is calculated on the number of devices in your UNIVOX Service Plan;

(d) the Phone Subsidy amount can be credited toward the purchase price (including GST) of any Yealink IP phone or Grandstream IP phone (“Equipment”) advertised on our website shop;

(e) the Phone Subsidy amount cannot be used for the purchase of phone accessories, cables, headsets, routers, switches, delivery or installation products and services;

(f) if the Equipment total purchase price (including GST) is greater than the Phone Subsidy amount, the excess amount is payable upon order;

(g) if the Equipment total purchase price (including GST) is less than the Phone Subsidy amount, any unused Phone Subsidy balance is forfeited upon order;

(h) title in the Equipment which is subsidised by the Phone Subsidy will pass onto the Customer at the end of 24-months from the activation of your UNIVOX Service Plan, or upon full payment of the Equipment purchase price; and

(i) at the end of the 24-month term we will bill your UNIVOX Service Plan access charge monthly in advance.

2.10 Termination of a UNIVOX Service Plan with Phone Subsidy option

If you terminate a UNIVOX Service Plan with a Phone Subsidy option prior to the end of 24-months from the activation of your UNIVOX Service Plan:

(a) you shall pay MOVOX a termination payment equal to the Phone Subsidy amount divided by the remaining months in the 24-month term;

(b) we will bill the termination charge as soon as we are aware that termination will take place;

(b) if you fail to pay MOVOX all moneys due under these Customer Terms MOVOX may appoint legal and or collection agencies to collect any Equipment for which title in the Equipment has not passed onto the Customer; and

(c) you agree that any legal and other costs, charges and expenses MOVOX may incur as a resulting from collection of Equipment shall be binding on you and will be added to the total amount of any unpaid charges.


3. FIXED TERM SERVICE PLANS

We offer Service Plans which have, features, limitations and conditions under a Fixed-term Agreement where you will receive the relevant rates whilst using software or equipment that has been supplied and programmed by MOVOX.

You may ask to change to a different Service Plan in the future but only after any agreed minimum Fixed-term period has expired.

3.1 Fixed Term Service Plan requirements

To use a Fixed-term Service Plan you must:

(a) apply for and be approved by MOVOX for a credit account;

(b) subscribe to a Fixed-term Service Plan;

(c) have a compatible mobile telephone device if you have subscribed to a Mobile Softphone Service Plan; or

(d) have a compatible handset, computer and suitable Internet connection if you have subscribed to a UNIVOX Service Plan, XPHONE mobile or Desktop Softphone Service Plan; and

(e) supply and maintain your mobile telephone device and computers at your own cost.

3.2 Termination of a Fixed Term Agreement

(a) if there is a fixed Charge for the Service under a Fixed Term Agreement then MOVOX will bill any unexpired period at the rate specified in the Critical Information Summary associated with your Service Plan as soon as we are aware that termination will take place;

(b) if you terminate a Fixed Term Agreement in accordance with Clause 11.2 prior to the end of the Term you shall pay MOVOX a termination payment as specified in the Critical Information Summary associated with your Service Plan.

3.3 Fixed Term Service Plan options

MOVOX offers a number of Service Plan options, Call Packs and Fax Pack add-ons. With MOVOX’s prior approval you may choose one of those identified as available for your Service Plan and change this selection by providing MOVOX with 14-days notice to take effect from the commencement of your next Billing Period.
The cost and terms for the supply of Service Plan options, Call Packs and Fax Pack add-on’s are detailed in the Critical Information Summary associated with your Service Plan.

3.4 Changes to Fixed-Term Service Plans

MOVOX may change the nature of its Service Plans or increase the rates shown on Critical Information Summaries from time to time. If these changes affect you MOVOX will give you 21 days prior notice of the change and you may cancel your Agreement during the period of 42 days of receiving such notice subject to payment of all Charges and costs incurred prior to the change taking effect.


4. PRE-PAID SERVICE PLANS

4.1 Pre-paid Service Plans

We offer Pre-paid Service Plans which have, features, limitations, conditions a Credit Expiry Date and a minimum Pre-paid Credit amount that entitles you to:

(a) unlimited Eligible Calls or fax pages;

(b) a number or duration of Eligible Calls or fax pages;

(c) an allowance of kilobyte data; and

(d) any other features we offer as indicated in the Critical Information Summary associated with your Service Plan

4.2 Pre-paid Service Plan requirements

To use a Pre-paid Service you must:

(a) have a Pre-paid Service Plan with available credit;

(b) have a compatible handset, computer and suitable Internet connection if you have subscribed to a UNIVOX Service Plan, XPHONE mobile or Desktop Softphone Service Plan; and

(c) supply and maintain your mobile telephone device and computers at your own cost.

4.3 Prepaid Service only

(a) our Pre-paid Service Plans and Pre-paid options include certain entitlements which are provided on a prepaid basis only;

(b) Pre-paid Service Plan Credits expire after a certain period of time (Credit Expiry Period);

(c) when your Pre-paid Service Plan entitlements have been used or Credits have expired, you must Recharge your Pre-paid Service Plan to continue using the Service; and

(d) a reference to a ‘Charge’, ‘cost’, usage or similar for using the Service means a deduction of that amount from your available Pre-paid Credit balance or your included allowance of calls. It does not mean that you will receive a bill that you can pay at a later date.

4.4 Pre-paid Service Plan usage Charges

Each time the Service is used to make a call, your Pre-paid Credit balance is reduced:

(a) at the call usage rate;

(b) your included allowance of calls is reduced each time you make a call as specified in the Critical Information Summary associated with your Pre-paid Service Plan.

4.5 Pre-paid Service Plan cancellation

(a) If your Pre-paid Credit is $0 or has expired under clause 4.8 and you do not Recharge your Pre-paid Service Plan within 90-days (Additional Period), then:

i. your Service may be cancelled (which may result in permanent loss of the phone number allocated to your Service);

ii. we may send you a cancellation alert by SMS or e-mail but we are not obliged to.

(b) During the Additional Period you can:

i. receive calls;

ii. make calls that are designated as free e.g. to emergency services;

iii. make free calls to your contacts that use MOVOX’s Softphone Service; and

iv. use Instant Messaging to message your contacts that use the MOVOX Instant Messaging Service.

4.6 Minimum credit

You must have sufficient Pre-paid Credit to make calls, or to use other Services that have an applicable usage Charge.

You cannot make a call if your available Credit is less than the cost of the call or applicable usage charge.

We may terminate a call without notice if your Credit runs out during the call.

4.7 Pre-paid Service Plan Recharge

(a) You may Recharge your Pre-paid Service Plan:

i. by purchasing a Recharge amount at www.movox.com.au;

ii. by calling us on 1800 100 800;

iii. via the MOVOX mobile application; and

iv. Not all of the above methods can be used for all MOVOX Pre-paid Service Plans.

(b) We may:

i. limit the number of credit cards you may register;

ii. limit the number of times you may change the registered credit card you use to Recharge your Pre-paid Service Plan;

iii. confirm by SMS or email that a Recharge has been successfully processed, but we are not obliged to so;

iv. We may impose a limit on the amount of Pre-paid Credit you may have at any time;

v. offer an automatic Recharge facility on our plans. You must ensure you have sufficient Credits to cover usage for 72-hours in case the automatic Recharge is delayed; and

vi subject to the Consumer Guarantees, we are not liable to you for any delay or failure of a Recharge (including an automatic Recharge). It is your responsibility to check that each Recharge has been successfully processed.

4.8 Pre-paid Service Plan credit expiry

Pre-paid Service Plans have a minimum pre-payment requirement.

(a) Pre-paid Credit expires after 365 days (Credit Expiry Date) from when the Service Plan is activated. Each time you Recharge your Pre-Paid Service Plan the Credit Expiry Date is reset to 365 days from the date the Recharge payment is made;

(b) Pre-paid Service Plan Credits expire after 30 days and remaining Credits are then cancelled;

(c) After the Credit Expiry Date any Credits are cancelled and there is no refund of those Credits;

(d) we do not provide a credit or a refund of any Pre-paid Credit balance where the Service is disrupted or unavailable for any period; and

(e) we may notify you that your Credit has or is about to expire, but we are under no obligation to do so.

4.9 Transferring and forfeiting Credits

Unused Pre-paid Credits cannot be converted into or redeemed as cash, refunded or credited toward another Service Plan that you have with us.
We will only transfer any Pre-paid Credits in the following circumstances:

(a) where your phone number is changed in accordance with clauses 7(c) and 7(d) below; or

(b) If we cancel the Service for our convenience; and

(c) if you transfer the telephone number associated to your Pre-paid Service to another Carrier or Service Provider any Pre-paid Credits you have on the Pre-paid Service will be forfeited.


5. BILLING AND PAYMENT

5.1 Regular bills

(a) If you have a Fixed Term Service Plan:

i. we will aim to bill you each month on a regular basis (either in advance or in arrears) for Services used by you subject to our right to bill you upon order, activation and termination;

ii. any Charge that we carry forward and do not bill at that time can be billed by us within 190 days from when the Charge was incurred by you;

iii. you will be emailed a copy of your bill in PDF file format and you can also access it by logging into your account on the MOVOX website. All of our bills are itemised and designed to be easy for you to understand. If you need clarification of any entries on your bill you should contact us as soon as possible and before the due date as indicated on the bill; and

iv. you agree to pay the Charges within 14-days of the bill issue date without set-off or deduction even if the Service is unavailable or you are unable to access the Service;

v. Payment is required by Direct Debit (or other payment method acceptable to us) together with any administration fees set out in Clause 5.2 and interest in respect of any payments not made by their due date at the rate provided in Clause 10.4;

vi. If requested to do so by MOVOX you will deposit with MOVOX a sum equal to the amount that we estimate you are likely to incur for the Services in any forthcoming Billing Period and MOVOX may retain that sum as security for your future payments for so long as we consider it necessary to do so.

Alternatively MOVOX may require that you provide one or more Guarantees of payment.

(b) If you have a Pre-paid Service Plan:

i. you will be able to access your payments, transactions and usage history for the previous 3-months by accessing your account at: www.movox.com.au/my-account.

5.2 Fixed-term Service Plan Account administration fees

Without prejudice to any other rights or remedies MOVOX may have, if you have a Fixed-term Service Plan we will charge account administration fees set out below:

(a) Late payment fee $11.00 (including GST) if you do not pay the whole or any part of your bill by the due date;

(b) Dishonoured payment fee $33.00 (including GST) for Direct Debit drawings not honoured by your financial institution; and

(c) Account administration fee $55.00 (including GST) for resuming your Services after they have been suspended or terminated as a result of your breach of your Agreement.

5.3 Service usage and billing errors

A Service usage summary or bill presented by MOVOX shall be deemed to be correct and prima facie evidence of all connection, access, usage and other fees contained therein.

If you dispute any item on your bill you must pay the whole of the bill including the disputed item by the due date. MOVOX will refund any amounts that it agrees should not have been charged if it is established to MOVOX’s reasonable satisfaction that you are not liable for the same.

5.4 Credit card surcharge

We may apply a surcharge of up to 5% if you pay your bill by American Express (AMEX) card or Diners Club card.

5.5 Credit limit

MOVOX will determine a monthly Credit Limit and subject to approval will extend the Credit Limit to you for use of the Services. MOVOX will notify you by email, SMS, or voice message prior to reaching the Credit Limit.

If at any time the unpaid Charges (whether invoiced or not) exceed the Credit Limit, MOVOX may immediately suspend or terminate any or all of the Services without the need for further notice.

5.6 Supply information

You must inform MOVOX if there is any change of ownership or control of the Customer or if any events occur which may prevent or inhibit you from paying your bills, or if you become insolvent, or if any directors or partners of the Customer are convicted of any crime.

5.7 Former Carrier

If you are transferring existing Services to MOVOX you should check any agreement you may have with your existing Carrier or Service Provider to make sure that you understand what effect transferring your Services will have.

You will pay all charges levied by your former Carrier up to the time when your Services are transferred to MOVOX and indemnify MOVOX against any claims or losses arising from the transfer of your Service.

5.8 Transfer to a new carrier

If you decide to transfer to a new Carrier you will pay MOVOX all moneys due under the terms of your Agreement with MOVOX before doing so.

Any Credit you have on a Pre-paid Service Plan will be forfeited if you transfer the phone number to another Carrier or Service Provider.


6. USING OUR SERVICES

6.1 Illegal and immoral purposes

You agree not to use, nor permit any other party to use the Services in an illegal, fraudulent, defamatory or immoral way or to cause nuisance or annoyance to any other person and at all times to comply with MOVOX’s Fair Use Policy. You further agree that you will not make life threatening or unwelcome calls or messages to any other person.

6.2 Toll fraud and unauthorised access

You are responsible for all usage Charges in respect of the use of the Services whether or not such usage was authorised by you as it is the Customer’s responsibility to maintain the security and access to the Services and ensure unauthorised use does not occur.

MOVOX does not accept any responsibility for Charges as a result of your network and devices such as; handsets, router, modem, VoIP adapter, IP PBX or software based phone system being compromised. Failing to secure your network and devices may result in the following:

(a) Toll Fraud – utilising your PBX or account details to make calls at your expense;

(b) obtain unauthorised access to your system resources, information, privileges and listening to your calls and voicemail;

(c) Denial of Service – disabling your voice communication using packet floods.

The Customer is solely responsible for the security of their network and devices to prevent Toll Fraud and unauthorised access.

6.3 Emergency service ‘000’ calls

When you use a MOVOX Service that requires a functional connection to the Internet you acknowledge that:

(a) the Internet service, router and modem used to connect to the Internet may not be provided by MOVOX; and

(b) in the event of power failure, interruption or loss of connection or termination of the Internet service by your Internet Service Provider, the MOVOX Service may not function and may prevent outbound calls including emergency 000 calls from being made; and

(c) you will continue to be billed for the Service unless and until you or MOVOX terminate the Service in accordance with these Customer Terms.


7. PHONE NUMBERS

7.1 Allocation of telephone numbers

If you do not already have a phone number for use with your MOVOX Service, we will issue you a phone number in accordance with the following terms:

(a) depending on the Service Plan you have subscribed to you may incur a Charge in addition to the cost of your Service Plan’s minimum monthly access fee;

(b) all phone numbers are selected, issued and used by us in accordance with the Australian Communication and Media Authority’s Numbering Plan and Telecommunications Numbering Plan Number Declarations (Numbering Regulations).

(c) we may be required to vary, withdraw, suspend or re-assign a phone number we have allocated you in order for us to comply with the Numbering Regulations. We will give you as much notice as is reasonably practicable if we have to do this.

(d) if you need a new phone number because you have received calls of a harassing nature and you reported the matter to the relevant law enforcement agency, we will supply you with a new phone number free of charge on the first occasion. You will have to pay a charge for any further phone number changes.

(e) you do not own the phone number and your right to use the phone number ends if you no longer obtain the Service unless you transfer the phone number to another Carrier or Service Provider.

(f) if you stop obtaining the Service and do not transfer the phone number, we may issue the phone number to another customer in accordance with the Numbering Regulations.

(g) we are not liable to you for any expense or loss incurred by you or related to your use of the Service due to:

i. your ceasing to have the right to use the phone number under this clause 7; or

ii. any variation, withdrawal, suspension or re-assignment of the phone number under this clause 7.

7.2 Number portability and transfer

If you apply to transfer telephone numbers from another Carrier or Service Provider to MOVOX we will notify you within 10 working days of the transfer taking place.

By submitting an Order to transfer telephone numbers from another Carrier or Service Provider you represent and warrant to MOVOX as follows:

(a) you have authority to transfer the telephone number. You may only transfer a telephone number for which you are the authorised customer;

(b) MOVOX provides no guarantee that it can transfer the telephone number to or from your current Carrier or Service Provider or within any specified timeframe;

(c) MOVOX is authorised to sign any necessary application to transfer the telephone number on your behalf;

(d) MOVOX is authorised to disclose such information about you to such other parties as is reasonable or necessary to complete the transfer;

(e) you have made enquiry of your previous Carrier or Service Provider as to the consequences of terminating your service with them;

(f) your previous Carrier or Service Provider may impose a charge for transferring the telephone number to MOVOX and you will be solely responsible for meeting that charge;

(g) the transfer of individual numbers or number ranges is supported in most instances however some number ranges are locked and cannot be transferred from MOVOX to another Carrier;

(h) only your telephone number will be transferred to MOVOX. This may result in the loss of any feature attached or associated with the existing service such as: Line Hunt, Duet Services, Rotary Group Services, EFTPOS, Internet, Messagebank and Facsimile services;

(i) you may not be able to transfer your telephone number if moving to a different geographical location; and

(j) the transfer of 13, 1300 or 1800 numbers will be conducted in conjunction with Industry Numbering Management Services Ltd (INMS) Porting Guidelines which are available at http://www.inms.com.au

7.3 Number portability rejections

(a) if you nominate an incorrect customer name, losing carrier name or account number on a number transfer application your application may be rejected or delayed and rejection fees may apply;

(b) your current Carrier or Service Provider may reject a transfer request if the information you provide is incorrect or does not match the data held by them. In this case you authorise MOVOX to:

i. dispute the rejection by your current Carrier or Service Provider;

ii. correct the information and resubmit the request to transfer your telephone number; and

iii. you acknowledge and agree to pay MOVOX any transfer rejection Charge and any Charge applicable to resubmit the transfer request. Transfer rejection and resubmission Charges are detailed in the Critical Information Summary associated with your Service Plan.

(c) if features such as: Line Hunt, Duet Services, Rotary Group Services, EFTPOS, Internet, Messagebank or Facsimile are attached or associated to the telephone number nominated for transfer your application may be rejected or delayed and transfer rejection fees may apply. These features must be removed from the telephone number for the transfer to occur;

(d) in the event of a transfer rejection, withdrawal or reversal of your telephone number transfer we are not responsible for any period of service outage and MOVOX accepts no responsibility for any loss of income or business as a result of a transfer being rejected, withdrawn or reversed; and

(e) telephone numbers can only be transferred whilst the account with the losing Carrier or Service Provider is active. A telephone number associated with a suspended or disconnected account cannot be transferred and transfer requests will be rejected.

7.4 SmartNumbers

By submitting the application to MOVOX to purchase an inbound 13, 1300 or 1800 number from SmartNumbers you agree and acknowledge:

(a) that MOVOX will act as joint applicant in accordance with the SmartNumbers allocation procedures;

(b) to pay any applicable charge fixed by a determination under section 60 of the Australian Communications and Media Authority Act 2005 and any amount imposed on the allocation of a number by Part 2 of the Telecommunications (Numbering Charges) Act 1997 on behalf of the joint applicant;

(c) there are ongoing charges associated with holding a 6-digit SmartNumber (for example; 13 xxxx) including the payment of an annual numbering charge up to $6,500 per annum;

(d) the application is not complete and will not be processed until payment of the applicable SmartNumber Charge has been received; and

(e) there is no guarantee that any SmartNumber is available for purchase. MOVOX will notify you by email if and when the selected SmartNumber have been acquired and allocated to your account;

(f) in the event where your selected SmartNumber is not available for purchase any payment received for the SmartNumber will be refunded in full; and

(g) you have read and accept the general terms and conditions of the Australian Communications and Media Authority (ACMA) numbering system and the SmartNumber terms and conditions.


8. NETWORK MAINTENANCE & FAULTS

8.1 Maintenance

MOVOX may conduct maintenance on the MOVOX network and maintenance may be conducted on a supplier’s network used to supply Services. MOVOX will endeavour to conduct scheduled maintenance on the MOVOX network outside normal business hours and we will notify you by SMS or e-mail of any scheduled maintenance beforehand.

8.2 Fault reporting

MOVOX will provide a help desk for the Customer to report Service faults. Before you report a fault you must take all reasonable steps to ensure that the fault is not caused by any service or equipment that is not supplied by MOVOX.

8.3 Customer assistance

The Customer must provide all reasonable assistance to enable MOVOX or our personnel, or where necessary a supplier’s personnel, to investigate and where applicable repair a fault including providing them with adequate and timely access to your premises.

8.4 Faults outside MOVOX’s control

MOVOX will repair faults within the MOVOX network used to supply the Service. Unless the Service expressly provides otherwise,

(a) MOVOX is not responsible for repairing any fault in the Service where the fault arises in or is caused by:

i. our supplier’s network;

ii. services or equipment that is not supplied by MOVOX; or

iii. facilities outside the MOVOX network.

(b) Where a fault arises in or is caused by our supplier’s network and we become aware of the fault:

i. MOVOX is not responsible for the repair of that fault; and

ii. MOVOX will notify the supplier of the fault and request that the fault be corrected promptly, but MOVOX will not bear any further liability or responsibility.

(c) Where a fault arises in or is caused by equipment not supplied by MOVOX, then MOVOX is not responsible for the repair of that fault. Nevertheless:

i. if the Customer asks MOVOX to investigate a fault or asks MOVOX to request a supplier to investigate a fault, we will give the Customer an estimate of the probable cost of such investigation and obtain the Customer’s agreement to bear those costs before undertaking or arranging an investigation to identify and inform the Customer of the probable cause of the fault; and

ii. if the Customer requests MOVOX to repair the fault and we agree, we will give the Customer an estimate of the probable cost of repairing the fault and obtain the Customer’s agreement to bear those costs before carrying out the repair; and

iii. if MOVOX investigates a fault and determines that the fault is attributable to a breach of the Agreement by the Customer, a negligent or fraudulent act or omission by the Customer or any of the Customer’s personnel or a failure of any of the Customer’s equipment or premises, the Customer must pay the costs incurred by MOVOX for carrying out the investigation.


9. MOVOX’S LIABILITY TO YOU

9.1 Basic principal

Unless the principles of an Industry Code, general law, the regulations of the ACMA, or a body competent to impose such controls, whilst MOVOX will use all reasonable care in providing the Services, MOVOX accepts no responsibility for any loss or damage of any nature relating to the same in any way.

9.2 Maximum liability

If the principles of an Industry Code, general law, the regulations of ACMA, or a body competent to impose such controls require MOVOX to take responsibility for any loss or damage, then such responsibility will be limited to one of the following at MOVOX’s option:

(a) the replacement or repair of the relevant goods; or

(b) the supply of equivalent goods; or

(c) the payment of the cost of replacing the goods; or acquiring equivalent goods; or

(d) the supply of the relevant Services again; or

(e) the payment of the cost of having the Services supplied again.

9.3 Consequential loss

MOVOX will never be responsible for lost profits or opportunities or for pure economic loss.

9.4 Causes outside of MOVOX’s control

MOVOX will not be liable to you in any event where provision of the Services is inhibited or prevented by any cause outside of MOVOX’s reasonable control.

9.5 Codes of practice

MOVOX will apply the Industry Codes and the Internet Industry Privacy Code of Practice if inconsistent with the terms hereof.


10. YOUR LIABILITY TO MOVOX

10.1 Damages

If you fail to abide by these Customer Terms you must compensate MOVOX for any loss that it suffers as a result.

10.2 Indemnity

If you fail to abide by these Customer Terms, in addition to meeting any claims that MOVOX may bring against you, you will take responsibility for and hold MOVOX harmless from any liability arising as a result of such failure as well as any sums by way of indemnity legal and other costs, charges and expenses MOVOX may incur as a result of such matters.

10.3 Authority

You authorise MOVOX to make any payments or to comply with any demands in respect of such failures by you, without any reference to or further authority from you, and you agree that any such payment shall be binding on you.

10.4 Interest

You will pay interest at the rate of 2% over the rate provided for in the Penalty Interest Rates Act 1983 (Vic) during the period that any moneys that you are liable to pay to MOVOX are outstanding (whether for Charges or by way of damages or indemnity).

10.5 Legal & Collection Costs

If you fail to abide by these Customer Terms MOVOX may appoint legal and or collection agencies to collect any unpaid charges due to MOVOX. You agree that any legal and other costs, charges and expenses MOVOX may incur as a result of such matters shall be binding on you and will be added to the total amount of any unpaid charges.


11. TERMINATION AND SUSPENSION

11.1 By MOVOX

MOVOX may:

(a) bring your Agreement to an end at any time (other than during an agreed fixed period) on giving 30 days prior notice in writing and without giving any reason for doing so subject to refunding any unexpired Pre-paid Credit to you;

(b) bring your Agreement to an end or suspend the Services without notice if it has reasonable grounds to suspect that you will not meet present or future Charges payable to MOVOX and it has taken reasonable steps to bring this to your notice;

(c) terminate your Agreement or suspend the Services if you are in material breach of your Agreement or fail to pay any Charges due for payment;

(d) suspend the supply of the Services for a reasonable period for operational reasons;

(e) suspend the supply of the Services if it has reasonable grounds for suspecting fraud or illegal conduct in relation to the Services, or we reasonably believe that the identification provided in connection with the Service is incorrect, false or inadequate;

(f) suspend the supply of the Services in case of emergency; or

(g) terminate your Agreement or limit or vary performance of its obligations or intercept the Services in order to comply with legislation or regulatory requirements or the order of a competent court or agency.

11.2 By you

You may by written notice to MOVOX:

(a) terminate your Agreement during the period of 42 days after receiving notice of increase of Charges under Clause 3.4 subject only to payment in full of all Charges and costs incurred prior to the effective date of termination;

(b) terminate your Agreement at any time by giving 30 days prior notice to MOVOX expiring at the end of a Billing Period.


12. DISPUTES

12.1 What you should do

If you are unhappy with our Services or with any actions taken by MOVOX you should notify MOVOX by submitting the Contact us form.

12.2 Action to be taken

Both you and MOVOX’s complaints officer must take all reasonable steps to discuss the matter and seek to resolve the same within 21 days.

12.3 Telecommunications Industry Ombudsman

You agree not to refer any matter to the Telecommunications Industry Ombudsman until you have exhausted the previous steps outlined in this Clause 12 in a genuine attempt to resolve the matter.


13. PRIVACY

13.1 Collection of information about you

It is necessary for MOVOX to collect information about you in accordance with the Privacy Act 1988 (Privacy Act) for the purposes of billing you, assessing and controlling credit risk including collecting unpaid accounts, operating the Services and to comply with our obligations under:

(a) the Telecommunications Act 1997;

(b) the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015; and

(c) the Integrated Public Number Database (IPND).

The IPND is an industry-wide database of phone numbers used to publish public number directories, provide directory assistance, operate emergency call services and safeguard national security.

13.2 Data Retention

Under the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 MOVOX is required to retain certain telecommunications data for a minimum 2-year period from when it was generated. The data that must be retained relates to communications, but not the content or substance of those communications.
Retained data includes:

(a) subscriber and other relevant service-level account information;

(b) the source of a communication;

(c) the destination of a communication;

(d) the date, time and duration of a communication;

(e) the communication type; and

(f) the location of communication equipment

13.3 Calling Number Display

Calling Number Display (CND) lets persons who receive phone calls identify who is calling them by displaying the caller’s number. CND forms part of the Service that you purchase from us.

Unless you have chosen to block your phone number, CND will usually cause your phone number to be displayed on the phone of the person you are calling. When you receive a call, the phone number of that person may be displayed on your phone if that person has not barred CND.

13.4 Consent

By entering into your Agreement and obtaining the Service you give your consent to the use of your personal information for these purposes and in accordance with MOVOX’s Privacy Policy.

13.5 Consequences of refusing to provide information

MOVOX will not enter into an Agreement with you unless you agree to the provision and use of your personal information in this way.


14. NOTICES

14.1 How to contact us

You can contact MOVOX by:

(a) calling 1800 100 800 between 9.00 am and 5.00 pm (AEST) Monday to Friday; or

(b) writing to us by completing the form on our Contact Us page of this website

14.2 Address for service

Notices should be given in writing to MOVOX or the Customer’s nominated address, fax number or e-mail address unless new contact details have been notified by either Party to the other prior to service of the notice.

14.3 Deemed delivery

MOVOX will be entitled to treat any notice as duly served if either:

(a) it is sent by post and is not returned as undelivered by Australia Post; or

(b) if sent by fax and the fax is successfully transmitted to the correct number; or

(c) if sent by e-mail and is not rejected by the e-mail system within 7 days after dispatch.


15. GENERAL

15.1 Applicable law

Your Agreement is subject to the laws of, and the parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria or the courts of the State in which you reside if that is different. Each party waives its rights to claim that any action brought in that State is brought in the wrong or an inconvenient forum.

15.2 Waiver

(a) A failure or delay in exercise, or partial exercise, of a right arising from a breach of any provision of these Customer Terms is not to be regarded as, and cannot be relied upon as, a Waiver of that right or an election not to exercise that right.
(b) No Waiver or consent given by a party may be construed as providing a Waiver or consent in respect of any circumstances other than those strictly falling within the terms of the Waiver or consent.

15.3 Assignment

(a) Your Agreement may be assigned by MOVOX without the need for consent by you.
(b) Your Agreement may not be assigned or novated in whole or in part by you.

15.4 Severability

If any provision of these Customer Terms is invalid or void and is not enforceable in accordance with its terms, that provision is severed and all other provisions of these Customer Terms which are self-sustaining and capable of separate enforcement without regard to the severed provision are and continue to be valid and enforceable in accordance with their terms.

15.5 Rules for the interpretation of these terms

In these Customer Terms unless the context otherwise requires:

(a) different grammatical forms of the same word(s) have the same meaning;

(b) a term which is defined in any part of these Customer Terms has the same meaning in every other part of the Customer Terms;

(c) the singular includes the plural and vice versa;

(d) a reference to A$, $A dollar, or $ is to Australian currency, unless otherwise stated;

(e) references to Clauses are references to clauses of these Customer Terms;

(f) references to Parties or to a Party shall be a reference to the parties or a party to your Agreement and includes references to their or its respective successors, permitted assigns, executors and administrators;

(g) all covenants, liabilities, obligations and agreements given or entered into by more than one person are given or entered into jointly and by each of them severally; and

(h) The following words have the same meaning in these Customer Terms as they have in the Telecommunications Legislation:

i. Carriage service;

ii. Carriage service provider;

iii. Carrier; and

iv. Content service

15.6 Precedence

The documents which make up your Agreement should be read in the following order of precedence and any inconsistency interpreted accordingly:

(a) your Order for Service;

(b) the Critical Information Summary associated with your Service Plan

(c) specific Terms associated with our supply of Technical Support and Equipment;

(d) our Fair Use Policy; and

(e) these Customer Terms


16. GLOSSARY

In these Customer Terms:

“ACIF” means Australian Communications Industry Forum;

“ACMA” means the Australian Communications and Media Authority;

“Additional Charge” means a charge in accordance with MOVOX’s 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 MOVOX and the Customer for provision of the Service which Agreement is comprised in the Application and these Customer Terms;

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

“Carrier” means the operator of a telephone services network;

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

“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;

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

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

“Competition and Consumer Act” means Competition and Consumer Act (2010).
“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 MOVOX to the Customer;

“Equipment Charge” means any payment to MOVOX for use of equipment;

“Fair Use Policy” means MOVOX’s 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 MOVOX in such form as MOVOX requires;

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

“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;

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

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

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

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

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

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

“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;

“Network” means any interconnected telecommunications equipment, facilities, or cabling;

“Party” means a party to the Agreement;

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

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

“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 MOVOX, includes the employees, agents, contractors or other representatives of any MOVOX Group Company;

“Phone subsidy” means a special promotion or offer made by MOVOX in connection with the Service, including in relation to a particular pricing plan;

“Premises” means locations:

(a) at which MOVOX supply the Service, and/or

(b) to which MOVOX needs to have access to supply the Service.

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

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

“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;

“Residential Grade Service” means a service that does not carry a service level Agreement, or a guarantee of uptime. (MOVOX imply and express no warranties as to its suitability or availability for any purpose. MOVOX doesn’t recommend residential grade services for business needs, or mission critical purposes);

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

“Service” means MOVOX’s service with the options and features and any related goods (including equipment) and ancillary services provided or to be provided by MOVOX 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 MOVOX to the Customer;

“Service Start Date” for the Service means the date on which MOVOX starts supplying that Service to the Customer as will be notified by MOVOX 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;

“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 MOVOX to you;

“Supplier” means any supplier of goods or services (including interconnection services) which are used directly or indirectly by MOVOX 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;

“Term” means any minimum period stated in the Application Form or any relevant Critical Information Summary;

“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);

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

“you” and derivations from that word are references to the Customer and references to “your Agreement” are references to the Agreement between MOVOX and the Customer.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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