SIPME TERMS OF SERVICE

These Terms of Service constitute the agreement ("Agreement") between SIPME Broadband Communications, a division of iNetTrader Pty Ltd, ABN 95 059 000 501 ("we," "us" or "SIPME") and the user ("you," "user" or "Customer") of SIPME's SIP service and/or any other broadband voice services ("Service"). This Agreement covers both the Service and any SIP device,including but not limited to IP phone, SIP softphone, SIP Hardware Adapter, Analog Telephone Adapter or any other IP connection device, ("Device" or "Equipment") used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement. You acknowledge that you are of legal age to enter this Agreement and become bound by its terms.

1. GENERAL ISSUES

1.1 SIPME shall provide you the Service with minimum disruptions. SIPME cannot guarantee that the Service will always function without disruptions or delay. As the service is transmitted through public Internet lines and the public switched telephony network, you understand that you may experience some disruptions in the Service, e.g. packet loss and delay.

1.2 SIPME is entitled, without any liability, to refuse, limit, suspend and/or interrupt the Service, for any reason whatsoever, at its own discretion and without any notice to you.

1.3 You acknowledge and understand that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the Service offering provided by SIPME.

1.4 You acknowledge and understand that the Service does not function in the event of power failure, or in the event of outage or termination of your Internet service by your Internet service provider ("ISP").

1.5 While we encourage use of the Service within Australia and other countries, SIPME does not presently know the full legal regulations of the use of the Service in other countries. If you use the Service in any other country outside of Australia, you do so at your own sole risk, including the risk that such activity violates local laws in the country where you do so. Should you use the Service outside of Australia and violate any law or regulation, you will be solely liable for such violation and agree to indemnify and hold harmless SIPME against any and all liability for such violation.

2. LAWFUL USE OF SERVICE AND DEVICE

2.1 You agree to use the Service and Device(s) only for lawful purposes. You agree to indemnify, hold harmless and defend SIPME at your expense, against any and all third-party claims, actions, proceeding and costs, including but not limited to reasonable attorney’s fees, incurred by SIPME arising out of or relating to your violation of the Terms of Service, the agreement, applicable law, or rights of any third parties and/or the misuse of the Service.

3. EMERGENCY CALLS

3.1 the Service can be used to call only Australian emergency 000 service, however SIPME does not pass any caller ID or physical address location information to the emergency service response center. You acknowledge and understand that the Service does NOT support emergency dialing to any other countries beside Australia. You can purchase special SIP hardware adapters that have FXO ports, allowing connection to traditional telephone line(s) to provide PSTN by-pass. You agree to inform any household residents, guests and other third persons who may be present at the physical location where you utilise the Service of the Emergency dialing limitations outlined above.

4. GENERAL SIPME SIP ACCOUNTS

4.1 SIPME will provide you a SIP Number and Password to use the SIP-to-SIP and SIP Prepaid Account.

4.2 You are solely responsible for maintaining the confidentiality of your Password. You are responsible and liable for all activities conducted through your SIP Number and Password.

4.3 You agree to notify SIPME immediately, in writing or by calling the SIPME customer support line, if you are aware that your SIPME SIP password and/or SIPME Prepaid Minutes account PIN has been stolen or if you become aware at any time that your Service is being stolen or fraudulently used. Until such time as SIPME receives notice of the theft or fraudulent use, you will be liable for all charges associated with the use of the Service or fraudulent use of the Service.

4.4 SIPME reserves the right to change your SIP Number or Password if this is in the interest of the functioning of the Service or to prevent fraudulent use of the Service.

5. SIPME PREPAID ACCOUNTS

5.1 In order to use the SIPME Prepaid Minutes Account, you must open a prepaid account with a credit balance by credit card, recharge voucher, or other means which may be made available by SIPME. New accounts paid by credit card are activated immediately upon receipt and validation of credit card information.

5.2 If paying by credit card, you must give us a valid credit card number (Visa, MasterCard, American Express or any other issuer then-accepted by SIPME). SIPME reserves the right to stop accepting credit cards from one or more issuers. If your card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise SIPME at once.

5.3 Credit balance on your account will expires after 365 days from last used. Credit balances not used within the said 365 day period will be lost. However, if you use the Service or place additional credit into your account before the expiry date, the existing credit balance will be carried over to the new expiration date.

5.4 If you cancel the prepaid service, there is no refund for the remaining call credit, you can however transfer credits between different SIPME accounts.

6. SIPME MONTHLY PLAN

6.1 For Monthly and DID Plan, we will bill you in advance for periodic charges, connection and service fees (where applicable) and in arrears for usage charges, although this may vary in certain cases. We will endeavour to bill you within the next normal billing period for charges billed in arrears, but we reserve the right to bill you for those charges in later billing periods.

6.2 Payment method: All monthly plan customers must be on automatic direct debit payment method by credit card or deduction from a nominated bank account.

6.3 Automatic Payment: we will debit directly any amount owing from your nominated bank or credit card account on a monthly basis. If a direct debit fails or is rejected, we reserve the right to pass on any charges that we may incur due to the failure or rejection.

6.4 Credit check: For the purpose of processing your application and credit management of your account, we may need to disclose to a credit-reporting agency:
(a) all your personal or business identifying details;
(b) all your personal and business credit history and limits.
You authorise us to carry out all necessary credit check about you through a credit reporting for the purpose of providing our services to you under the law.

6.5 If you cancel the monthly or DID service, there is no refund on any portion of the monthly and DID fees.

7. SIPME HARDWARE PURCHASE AND DELIVERY

7.1 For hardware orders, SIPME will ship the device(s) within 24 hours from receipt of payment. SIPME will ship the devices in a satchel to the customer via Australia Post.

7.2 RMA (Return of defective device): SIPME may request the customer to return a defective device to SIPME premises or to the device's supplier for exchange. Where the defective device is to be retuned is dependent on the arrangement between SIPME and individual's supplier of devices.

8. BILLING AND RATES

8.1 You shall pay SIPME the rates as stated on the website www.sipme.com.au. Unless stated otherwise, all rates and charges shall be stated in Australian Dollars.

8.2 SIPME reserves the right to change the rates at any time by giving a 7 days notice on the website www.sipme.com.au. If you do not wish to accept such adjustment of tariffs, you are entitled to terminate your Account, by written notice to SIPME.

8.3 Charges shall be calculated by multiplying the duration of the call by the applicable rate. The duration of a call shall be based on six (6) second increments.

8.4 For any billing dispute, you must contact SIPME’s customer services within 30 days after such charge. Refunds or adjustments will not be given for any charges which are more than 30 days old. Billing disputes should be notified to the following address:

SIPME Accounts
PO BOX 360
Kingsford NSW 2032
Australia
OR
accounts@sipme.com.au
OR
Fax: +61-2-9341-2929

9. PRIVACY POLICY

9.1 The Privacy Policy is a part of SIPME's General Terms And Conditions and is intended to ensure that Customers understand how SIPME collects and manages personal information.

9.2 SIPME collects and holds a range of personal information gathered during the course of providing services and products, however, it strives to collect and hold only information that is relevant and necessary to each customer’s account. This information may includes each customer’s:
(a) Name
(b) address
(c) email address
(d) telephone and fax number
(e) credit card details

9.3 Personal Information Quality: SIPME aims to ensure that personal information is accurate, complete and up to date and relies on all customers to provide true, accurate, current and complete information about themselves as requested. If any information changes customers must promptly update the information to keep SIPME's database accurate, current and complete.

9.4 Securing Personal Information: personal information can only be accessed by people properly authorised to have access. We take all reasonable efforts to protect personal information from unauthorised access or disclosure, and have the following security measures in place:
(a) our offices are properly supervised during work hours and securely locked after hours;
(b) our servers and computers are hosted and housed in a secured data center, which has security on site and is protected 24 hours a day 7 days a week;
(c) our servers and computers have password, virus protection;
(d) data transmission on websites where customers submit personal information and credit card details are protected and encrypted using Secure Socket Layer (SSL);
(e) offices are monitored regularly by a security service;
(f) we require all employees to sign confidentiality agreements;
(g) we will securely destroy personal information if it is no longer required by us or for the purpose of legal requirements.

9.5 Subject to some exceptions, you can request personal information stored by us, we will of course, need to verify your identity before giving access.

10. LIMITATION OF LIABILITY

10.1 Performance: Because the performance of some Services may be affected by your levels of use, the levels of use of other users and of facilities related to providing the Services, we do not warrant that Services will be free of blockages, delays or faults of this kind and we will not be responsible for any loss or damage which may result.

10.2 Warranties: Except as provided in clause 8.1 and as required by law, and subject to clause 8.3, all terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, statutory or otherwise, relating to the provision by us of the Services are excluded, and we will not be under any other liability in respect of any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of the Services. Limitation of Liability: Our liability for any breach of any term, condition, warranty or under any remedy implied by law ( which cannot be excluded), will be limited at our option to the repair or re-supply of equipment or Services or the payment of the cost of having the equipment or Services re-supplied.

10.3 No Liability: We have no liability to you or to any other person for:-
(a) acts or defaults of other Suppliers;
(b) faults or defects in Services which are caused to any material extent by your own conduct or misuse; or
(c) faults or defects that arise in telecommunication services not provided under this Agreement (even if they are connected, with our consent, to Services which we have arranged under this Agreement) which are due to incompatibility with the Services.

11. FORCE MAJEURE (a) any delay in installing any Service,
(b) any delay in correcting any fault in any Service,
(c) failure or incorrect operation of any Service, or
(d) any other delay or default in performance under this Agreement, if it is caused by any event reasonably beyond our control, including but not limited to war, accident, act of God, industrial action, embargo, delay or failure or default by any other Supplier.

12. INDEMNIFICATION

12.1 Customer agrees to defend, indemnify, and hold harmless SIPME, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, the Services, including 000 dialing, or the Device. This paragraph shall survive termination of this Agreement.

13. TERMINATION AND AGREEMENT

13.1 The agreement will be effective as of the date you accept the agreement, and will remain effective until terminated by either party as set forth in this Terms of Service.

13.2 You may terminate this agreement at any time, under the conditions provided herein. SIPME may terminate this agreement at any time, with or without cause, by providing notice to you and/or preventing your access to your account and to the Service.

13.3 SIPME may modify these Terms of Services at any time by publishing the revised Terms of Services on the website www.sipme.com.au.

14. ASSIGNMENT

14.1 You may not assign, or otherwise transfer, the agreement, or any rights or obligations hereunder without the other party’s written consent (which consent shall not be unreasonably withheld or delayed).

15. GOVERNING LAWS

15.1 The Agreement shall be governed by the laws of the state of New South Wales, Australia.

15.2 All disputes that may arise under or in connection with the Agreement shall be exclusively submitted to the Court within New South wales, Australia.