TPG VoIP ATA Phone and TPG VoIP Softphone Service Terms and Conditions
1.0 General Agreement 1.1 TPG Internet Pty Ltd ACN 068 383 737 (hereinafter referred to as "TPG") and the Customer (being an entity subscribing to TPG for the provision of the TPG VoIP Phone Service (here in after referred Service) accept, without limitation or qualification, these terms and conditions;
1.2 This Agreement governs both the Service and any VoIP devices, such as Analogue Telephone Adaptor (ATA), VoIP capable modem/router, Softphone or any other IP connection device (here in after referred as Equipment or Device) used in conjunction with the Service.
1.3 The Customer agrees to be bound by TPG VoIP ATA Phone and TPG VoIP Softphone Service Terms and Conditions and Standard Terms and Conditions as displayed on the TPG Internet web site at www.tpg.com.au. TPG reserves the right to change these Terms and Conditions without notice to the Customer. Customers are bound by any revisions as at the date they are displayed on the TPG Internet web site at www.tpg.com.au, and should regularly examine the current TPG VoIP ATA Phone and TPG VoIP Softphone Service Terms and Conditions and Standard Terms and Conditions.
1.4 If the Customer fails to comply with any of the conditions set out in this Agreement and/or with TPG's Terms and Conditions, TPG may terminate this Agreement immediately by giving written notice. On termination, the Customer's right to use the both the ADSL and VoIP services ceases immediately and TPG will not be liable for any resulting loss or damage suffered by the Customer.
1.5 This Agreement shall operate and be binding upon the parties from the date of its execution.
1.6 This Agreement shall be deemed to have been made in Sydney, Australia, and it shall be governed and interpreted according to the laws, including conflict of laws, applicable in the State of New South Wales. Each of the parties submits to the jurisdiction of the Courts of New South Wales.
1.7 If the Customer acquires the TPG service/s by a written or online application completed and/or provided to TPG by a TPG Dealer on behalf of the Customer, the Customer acknowledges that the Dealer is acting as TPG’s agent only for the purposes of receiving this Agreement from the Customer and/or providing it to TPG. The Dealer is not TPG’s agent for any other purpose or in any other capacity and the service/s is not provided by the Dealer. The Customer acknowledges that the TPG Dealer is not the Customer’s agent.
1.8 The Customer agrees that information concerning the Customer will be held by TPG and may be used to enable both parties to perform obligations defined in this Agreement and any other agreements between TPG and the Customer.
1.9 The Customer is responsible for supplying and maintaining a current and operational email address on their TPG account/s and for reading email from TPG. TPG will not be responsible for any unauthorised access to this email address. Where this document mentions that the Customer will be electronically notified, this means notification by email to the contact email address on the Customer’s account.
2.0 Provision of Service 2.1 The Service is a voice communication service whereby the voice communication is converted into a digital signal and carried, in part, over a Broadband Internet connection. The minimum download and upload speeds required are 512kbps and 128kbps respectively.
2.2 The Service offers the Customer the ability to make local, national and international voice calls to select destinations using their Broadband Internet connection with the specified VoIP equipment or software. Due to ISP restrictions, the TPG VoIP ATA or Softphone services may be incompatible with some ISPs - refer to the FAQs at www.tpg.com.au/voip.
2.3 The Service does not provide for:
a) primary or any type of traditional telephone service;
b) emergency telephone service to police, fire, rescue or ambulance services or the like. The Service is NOT a substitute for a standard (PSTN) telephone service. Customers should always maintain an alternative telephone service which provides access to 000 and other emergency service telephone numbers;
c) access to calls or services that charge a fee for such calls or services such as 13/1300/1800/1900/0500 or for operator-assisted calls;
d) use of the Service with other dial-out applications or appliances such as fax machines, alarm systems and medical alert systems;
e) telephone directory assistance;
3.0 TPG VoIP Softphone Service 3.1 The TPG VoIP Softphone service offers the Customer the ability to make local, national and international calls to select destinations using their computer and Broadband Internet connection.
To access the TPG VoIP Softphone service, the Customer must download and install the TPG customised Softphone software on their computer and have a microphone and speakers or headset.
3.2 The TPG VoIP Softphone service is compatible with most ISPs. TPG does ensure that the Softphone service is compatible with TPG ADSL and ADSL2+ Internet as long as the minimum speed and equipment requirements are met. However due to ISP restrictions, TPG do not guarantee that the TPG VoIP Softphone service will be compatible with all ISPs - refer to the list of Softphone VoIP requirements and known incompatible ISPs on the website at Softphone FAQ link.
4.0 TPG VoIP ATA Phone Service
4.1 The Analogue Telephone Adaptor (here after referred as ATA) is designed to connect to broadband modem/router and convert a normal analogue phone into a VoIP-enabled phone. It is the Customer’s responsibility to ensure there is a spare Ethernet port on the broadband modem/router for connecting the ATA.
4.2 The Equipment supplied by TPG has been customized for the TPG VoIP Phone Service, and therefore may not work with other VoIP services without modification. All such modifications and all associated costs are the Customer’s responsibility. The equipment warranty may become null and void if the modifications are not performed by the manufacturer.
4.3 Equipment provided by TPG to the Customer is covered by a 1 year return to base warranty. This means that equipment thought to be faulty must be returned to TPG by the Customer, and at the Customer’s expense, for testing, repair or replacement. Replacement units are not provided until testing has been completed, and the unit is found to be faulty by TPG.
4.4 TPG will only deliver the Customer's equipment to the shipping address as indicated by the Customer on the registration form.
4.5 In a situation where a Customer is not able to receive ordered equipment and the equipment is returned to TPG, the cost of the return is carried by the Customer. In addition, TPG will charge the Customer for redirection of the delivery.
4.6 To access the TPG VoIP ATA Phone service, the Customer’s broadband modem/router must support NAT (Network Address Translation) function, DHCP function, and have a spare Ethernet port for connecting the ATA.
4.7 The Customer acknowledges that some broadband modem/routers may not be compatible with the TPG VoIP ATA Phone service – refer to the list of broadband modem/router requirements and known incompatible modem/routers on the website at ATA FAQ link.
5.0 Technical Support 5.1 Support on ATA device and Softphone is limited to the extent of connecting to TPG Sip server and TPG is not responsible for speed issues, intermittent sync issues, authentication issues, radius server problems and disconnection of Broadband service with current provider and other third party carrier failures in connecting TPG service.
5.2 In above consequences TPG do not guarantee the Voice quality on the line or ATA device or Softphone.
5.3 TPG technically does not support any modems, routers, telephone line and Local Area Network (LAN) issues of the Customer.
6.0 Billing 6.1 The Customer agrees to pay all subscription and usage charges for the Service invoiced to their account, whether the Customer has authorized such usage or not.
6.2 The Customer understands that monthly subscription fees, call rates, billing increments, taxes and other charges are subject to change from time to time by TPG without prior notice. However, TPG will not increase the monthly subscription fee payable by the Customer during the Initial Contract Period.
6.3 Failure to pay subscription or usage charges will result in the suspension or termination of the Customer’s service. If the service is terminated due to non payment, it will be treated as a cancellation of service by the Customer, who will be required to pay any relevant cancellation fees.
THE MINIMUM CONTRACT TERM
6.4 The Minimum Contract Terms will be as advertised online at the time of registration. The Minimum Contract Term is the minimum period for which the Customer must remain on and is liable for payment of their TPG VoIP Phone Service from the time it is activated. If the Customer cancels the Service before the end of the Minimum Term, they will be liable to pay an earlier cancellation fee of $99.
6.5 The Customer’s Initial Contract Period and billing cycle will commence on the day TPG activates the Service.
6.6 Once the Minimum Contract Term is over, the Customer’s service will continue to renew automatically, and the Customer will continue to be charged for the Service, until such time as the Customer cancels the Service.
REGISTRATION
6.7 The Customer agrees to pay all registration fees at the time their application for the Service is processed. Registration fees may include charges for equipment and related delivery fees, upfront payment of the first billing cycle’s subscription fee and a charge for prepaid VoIP phone credit. The charges will be as advertised online at the time of registration.
SUBSCRIPTION FEES
6.8 Subscription charges for the Service are billed quarterly in advance. 7 days prior to the beginning of each billing cycle the following period’s subscription fee will be charged.
PERPAID CALL CREDIT
6.9 TPG’s VoIP Phone Service is provided on a prepaid basis only. At the time of registration, TPG will initially debit the Customer’s credit card an amount (as displayed on the TPG website for the Customer’s plan) for VoIP call credit.
6.10 Calls will be charged from the prepaid VoIP call credit on the Customer’s account. When the Customer’s VoIP call credit falls below $5-01, TPG will ‘top up’ the Customer’s prepaid call credit by automatically debiting the Customer’s credit card $20. TPG will send the Customer electronic confirmation of any such automatic debit.
6.11 Any unused call credit will expire 12 months after the purchase of the Service. However, each ‘top up’ of call credit will commence a new 12 month period in which to use the new credit and any existing unexpired call credit. Expired call credit will not be refunded and will no longer appear on the Customer’s account.
PAYMENT OPTIONS
6.12 All charges relating to the Service are payable by credit card only. It is the Customer’s responsibility to ensure there are current details for a valid, working credit card on their TPG account, with sufficient funds to pay for all services charged to the account at any time TPG invoices the account.
6.13 Accepted credit cards: Visa, Mastercard, American Express, Diners Club. Accounts paid with an American Express or Diners Club card will incur a surcharge of 2.75% (incl. GST) of the invoice amount when TPG debits the card.
6.14 Non payment of a TPG invoice will result in the Customer’s access to TPG services being cut or their account terminated, at the sole discretion of TPG.
6.15 The customer is able to update their credit card details online by logging into their account online at https://cyberstore.tpg.com.au/your_account/ or by calling the TPG customer service department on 13 14 23.
7.0 Usage 7.1 The Customer is responsible for all call charges and download usage incurred by using the Service. It is the Customer's responsibility to maintain the security of the means of physical access to the Service (including the Customer’s account Username/UserID and Password). TPG recommends that the Customer updates their account password regularly.
7.2 If the Customer believes that their account has incurred charges for unauthorized usage of their TPG VoIP Phone Service, they agree to contact TPG as soon as they become aware of it. The Customer is advised to monitor their VoIP call usage and their Internet downloads regularly, by logging into their account online at https://cyberstore.tpg.com.au/your_account/.
7.3 The Service is offered only as residential service for solely personal, residential non-business and non-professional use. TPG reserves the right to immediately terminate or modify any residential TPG service if we determine, at our sole discretion, that the Customer’s use of the service is, or has been, inconsistent with normal residential usage patterns.
7.4 Connection to a wrong number is a valid call and will be charged accordingly.
8.0 Misuse of Service 8.1 TPG reserves the right to suspend without notice any Customer’s account involved in deliberate attempt in making unlimited calls and keeping the line busy over period of time or intentionally creating congestion by making long duration nation wide calls or intentional calls on our network.
8.2 TPG reserves the right to suspend without notices any Customer’s account involved offensive and/or illegal activities under State and/or Federal laws. In such a case the relevant law enforcement agency(ies) will be notified and, where possible, offending material(s) passed on.
8.3 TPG does not under any circumstances permit the resale of the Service to any other party. Any Customer found doing this will be charged for all of that Customer’s usage and any other party’s usage to which they have sold or divulged material to enable access to the Service, at three times the current rate applicable. TPG may terminate the Customer’s account without notice and without refunding any unused prepaid credit.
9.0 Liability 9.1 The Customer hereby indemnifies TPG, its suppliers, employees, contractors and assignees against all liability, costs, loss or damage, suffered by the Customer arising from their use of the Service and Equipment.
9.2 Any support, maintenance and/or consulting by TPG to the Customer shall be regarded as separate to this Agreement. The Customer is responsible for any expenses relating to, but not limited to cabling, configuration, reconfiguration and/or modifications to the Customer’s Equipment.
9.3 TPG will not be liable for any delays or failures in the Service, connectivity, or any interruption or degradation of voice quality that is caused by any:
a) Act or omission of an underlying carrier or service provider.
b) Equipment, network or facility shortage, upgrade or failure.
c) Service, equipment, network or facility failure caused by power outage to the Customer or TPG.
d) Outage of Internet service.
9.4 TPG is not responsible for reimbursements for calls made with another service while the TPG VoIP Phone Service is temporarily unavailable.
9.5 The Customer acknowledges that the Service cannot be used for calls to any emergency service telephone number, including 000 and should not be used for emergency calls of any type. TPG advises that the Customer maintains a traditional fixed line (PSTN) telephone service for emergency use. Calling 000, 1800, 1900, 0500, 13 numbers or operator-assisted calls is not supported on the TPG VoIP service
9.6 The Customer acknowledges that the connection speed of Customer’s Broadband connection can affect the quality of the TPG VoIP Telephone Service or prevent connectivity with the service.
9.7 TPG shall not be liable for the consequences of an occurrence of any event beyond its reasonable control and such occurrences shall not amount to a breach of this Agreement.
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