Terms and Conditions

Terms and Conditions

“We”, “Our” and “Us” means Call Central Communications Pty Ltd, ABN 35 155 859 340. “You”, “I” and “Your” means the Customer.

Call Central Communications contracts to supply VoIP Telecommunications Services and associated Equipment to you, governed by these Terms and Conditions – located at www.callcentral.com.au. Where there is a difference in the content of the summary Terms and Conditions located on the various application forms and the Terms and Conditions located at www.callcentral.com.au, then the Terms and Conditions located at www.callcentral.com.au take precedence. These Terms and Conditions govern the supply of the Telecommunications Services and Equipment supplied by Call Central Communications to You and by using these Services and Equipment, you agree to these Terms and Conditions in their entirety.

Payment

You are responsible for all fees and charges incurred in the purchase of any equipment and the provisioning, installation, maintenance and use of your Call Central Communications phone system. Fees and charges can be varied with prior notification from Call Central Communications through reasonable written advice. Legal title to any equipment supplied by Us does not pass to You, until the equipment has been paid for in full.

If you default in payment, then ALL monies due to Call Central Communications shall become due and payable immediately and:

1. The debt may be subject to collection charges at Call Central Communications sole discretion, and these charges will be added to the account and interest will be charged at the rate under section 32 of the Supreme Court Act 1932 and will be claimed up to and including the date on which the debt is paid in full AND
2. All expenses incurred by Us in recovering monies due, inclusive of Solicitors charges, All Debt Collectors Fees and Disbursements, and any costs in relation to Security documents shall be a debt due and owing by the Customer, payment of which is hereby guaranteed under all circumstances.
3. In the case of a Trust, the Customer guarantees that the assets of the Trust will be available to pay any amounts of money due and owing by the Customer to settle Our account
4. We reserve the right to default You personally and Your company to an external credit rating agency after you have failed to pay an overdue invoice and we have sent you notices for payment.
5. Call Central Communications payment terms are 14 days from date of invoice or from when your email invoice was issued, payment can be made by either EFT, Credit card payment online through our secure website or direct debit. The due date for when your payment is due is displayed under the “Account Activity” section on the front page of your Call Central monthly invoice.

Dispute

If you believe that there has been an account drawing error, you should contact Call Central Communications in the first instance on 1300 788 869 and select “2” for Accounts and also email us on accounts@callcentral.com.au and confirm in writing the nature of the error, so your query can be resolved as soon as possible. If the matter cannot be resolved, you can still refer the matter to your Financial Institution or Credit Card Issuer who can obtain details from you of the disputed transaction and may lodge a claim on your behalf.

Any dispute except for a dispute over non-payment of correctly billed fees and charges that cannot be resolved by the parties within a reasonable time will be referred to the Directors / Partners / Trustees of both parties to resolve through good faith negotiation. In every case, the parties will use reasonable endeavours and act in good faith to resolve any dispute arising under this Agreement as soon as possible. If the parties cannot resolve the dispute after a period of 5 business days, or if the parties agree at an earlier stage, the dispute shall be referred to a mediator.

The mediator will be appropriately qualified and experienced, and will set an appointment within 3 business days of the decision to refer the matter to a mediator. In the event of a failure to agree on a mediator, a mediator will be appointed by the President of the Law Society of QLD on the application of either party.

The parties will provide the mediator with all the information relating to the particular dispute under appropriate confidentiality obligations within seven business days. The mediator shall then use all reasonable endeavours to resolve the dispute within 10 business days following receipt of the information from the parties or as soon as possible thereafter and the parties shall co-operate fully with the mediator to achieve this objective.

The fees and expenses of the mediator will be borne equally by the parties.

Payment Authority

By signing the Account Application form, You confirm that:-

• You are the owner (or a director, or partner, or employee of the Customer) listed above and are duly authorised to order Equipment for Supply and Telecommunications Services from Call Central Communications.
• Call Central Communications (ABN 35 155 859 340) is the new supplier.
• Contact details for inquiries or complaints can be found at www.callcentral.com.au
• Equipment for Supply and Telecommunications Services will be provided subject to these Call Central Communications Terms & Conditions which are available at www.callcentral.com.au.

Billing Frequency and Credit Limits

Applicants not within Call Central Communications credit policy may be required to provide a Security Deposit, or Deed of Guarantee.

Bill statements are emailed to the customer on a monthly basis from the date your account was established. A credit limit is set on each account to protect you in the event of unauthorised use of your telephone services. Your total credit limit includes both billed charges and charges incurred but not yet billed.

Delays in the receipt of billing information can result in some charges appearing on subsequent months bills. We reserve the right to include delayed charges in subsequent bills. We also reserve the right to reissue any earlier bill found to be in error.

Direct Debit Drawing Timing

Once Your Direct Debit is established, Call Central Communications will draw the amount from your account or credit card on the due date on your bill. Where the date falls on a non-business day, we will draw the amount on the next business day.

Changes to Direct Debits

We may vary the details of this agreement or a direct debit request at any time by giving you at least ten (10) business days written notice. We reserve the right to cancel any direct debit arrangement if three or more drawings are returned unpaid by your Financial Institution or credit card issuer and to make alternative payment arrangements with you. You may change the arrangements of a direct debit request by contacting Call Central Communications on 1300 788 869 and selecting “2” for Accounts. If you wish to cancel, stop or defer a direct debit, then you must provide at least (10) ten business days written notice to us, prior to the next direct debit date.

Availability of Funds

It is your responsibility to ensure there are sufficient clear funds available in your nominated account to enable a direct debit to be made in accordance with the direct debit request. If there are insufficient clear funds available in your nominated account to meet a debit payment, then:-

• For a full list of fees & charges please click this link
• Fees and/or interest may be charged by your Financial Institution or credit card issuer
• Fees and/or charges may be incurred or imposed by Call Central Communications
• You must arrange for another debit payment to be made by another agreed method or arrange for sufficient clear funds to be made available in your nominated account by an agreed time, so that your direct debit can be successfully processed.
• Payments made by credit card will incur a 2% incl. GST payment processing fee which will appear on your next statement.
• It is your responsibility to ensure that authorisation given to draw on your nominated account is identical to the account signing instruction held by the Financial Institution or credit card issuer where the account is based. It is your responsibility to advise us if the account nominated by you to receive the direct debit drawings is transferred or closed. It is your responsibility to arrange with us a suitable alternate payment method if the Call Central Communications drawing arrangements are cancelled either by you or the nominated Financial Institution or credit card issuer. You agree to indemnify us for any costs incurred by us as a result of you providing incorrect account, bank identification or credit card details.

Confidentiality

We will keep any information (including your account details) in your direct debit arrangement confidential unless we are required to disclose this information:-

• To the extent specifically required by law
• For the purposes of this agreement (including disclosing information in connection with any query or claim.
• We will make reasonable efforts to keep information about you secure, and to ensure that our employees and agents do not make unauthorised use, modification, reproduction or disclosure of that information.

Privacy and Credit Information – Privacy Act Authorisation/Agreement

ACKNOWLEDGEMENT OF DISCLOSURE OF PERSONAL INFORMATION TO A CREDIT REPORTING AGENCY

Call Central Communications collects personal information from You to provide the service to You. Call Central Communications respects your privacy. Consequently Call Central does not trade, rent or sell your personal information. We may also use your personal information for:

• Provisioning and maintenance of your service
• Customer support, billing and payment matters
• Investigating complaints
• To provide information to You about other products or services which We or any of our business partners of any other product or service with whom we have engaged in a joint initiative may offer to You
• To comply with a legislative instrument such as a request for information by a regulatory body or a Court order

Pursuant to section 18E(8)(c) of the Privacy Act (Act), Call Central Communications is required to inform you that it may disclose to a credit reporting agency personal information about your credit application. The information which it may give to an agency is covered by Section 18E(1) of the Act and includes:

• Any information contained in these Application Forms
• The fact that you have applied for a credit account and the amount.
• The fact that Call Central Communications is a current credit provider to you.
• Payments (including interest payments) which have become overdue for more than 60 days and for which collection action has commenced.
• Advice that payments are no longer overdue.
• Cheques over $100 drawn by you which have been dishonoured more than once.
• That in the opinion of Call Central Communications you have, in the circumstances specified, committed a serious credit infringement.
• That credit provided to you by Call Central Communications has been paid or otherwise discharged. I/we acknowledge and agree to Call Central Communications providing this information to a credit reporting agency and undertake that the information in this Account Application Form is accurate, complete and not misleading as at the date it is given and that I/we will update it within 7 days of any change.

Clients can obtain a free credit check by going to the following link: https://www.equifax.com/personal/education/credit/report/how-to-get-your-free-credit-report/

AUTHORITY FOR CALL CENTRAL COMMUNICATIONS TO OBTAIN CERTAIN PERSONAL INFORMATION

To enable Call Central Communications to assess Your application for credit or commercial credit:

You agree to Call Central Communications obtaining from a credit reporting agency a credit report containing personal information about You. (Section 18K(1)(b) of the Act)

You agree to Call Central Communications obtaining a report about Your commercial activities or commercial credit worthiness from a business which provides information about the commercial credit worthiness of persons. (Section 18L(4) of the Act)

You agree to Call Central Communications obtaining personal information about You from other credit providers, whose names You may have provided to Call Central Communications or that may be named in a credit report, for the purpose of assessing Your application for commercial credit, made to Call Central Communications (Section 18N(1)(b) of the Act).
If Call Central Communications considers it relevant to collecting overdue payments in respect of commercial credit provided to You, You agree to Call Central Communications receiving from a credit reporting agency a credit report containing personal information about You for the purpose of collecting overdue payments (Section 18K(1)(h) of the Act).

You can obtain access to any credit report obtained by Call Central Communications which contains your personal information by emailing accounts@callcentral.com.au and requesting same in writing and complying with any reasonable identification requests made by Call Central Communications. We work to ensure your personal information is

always correct and up-to-date and will amend any inaccuracies or make changes to details upon request in accordance with the National Privacy Principles.

Service Disconnection

The Account Holder must provide one calendar months notice in writing to accounts@callcentral.com.au of your intention to disconnect Your service. Once Your service has been disconnected, a final invoice will be issued. You must pay this final invoice in full. This final invoice may include an Early Termination Fee if the Equipment or Telecommunication Services still remain in contract. If this is the case, then this Early Termination Fee will be calculated by multiplying the months remaining of the contract by the monthly equipment and access fees applicable to the service(s) and equipment.

Porting of a number(s) away from Call Central to another provider does not automatically cancel your service or billing arrangement with Call Central. Call Central sip trunks and hosted plans are still active and usable without indial numbers. As such you still need to contact us and advise you wish to cancel your service as per the conditions mentioned above.

If you opt to cancel your Call Central 3CX Call Plan, your 3CX Cloud hosting will also be cancelled, your 3CX Cloud hosted instance destroyed and your 3CX License will be removed from the Call Central 3CX reseller portal. Call Central will cease to be your 3CX software reseller and cease to provide any and all assistance with your 3CX license, your 3CX phone system and any accompanying 3CX products and services. Call Central only remains your 3CX reseller while you still have an active Call Central 3CX Call Plan.

Variation of these Terms and Conditions

We may vary these Terms and Conditions from time to time. If the change(s) are detrimental to You, then we will advise you in writing through a bill or email message at least one calendar month prior to the change taking place. If You are currently in a contract and planned changes are detrimental to You, then we will allow You to cancel this contract without incurring Early Termination Fees, provided you supply one month’s written notice of Your intention to terminate the contract and You pay all remaining fees and charges up to and including the date of termination. Any outstanding Equipment charges through to the Contract end date must also be paid in full prior to being released from Your contract with Us.

Fair Use Policy

Call Central provides our services in good faith and we believe our clients should use our service in good faith.

Using our service not in the manner it was intended for can result in your service being terminated with or without notice. Examples of misuse of our services would be:-

• Illegal activity such as spam phone calls
• Making threats of a physical violence
• Verbal abuse (including to our staff at Call Central)
• Offensive behavior
• Making misleading statements towards Call Central staff
• Any activity deemed illegal under Australian Law

If we believe you have breached our Fair Use Policy we can and will take steps to either notify you of service cancellation, cancel your service immediately without notice or refer you to the police if we believe you have broken the law.

More information on our Fair Use Policy can be located here.

Porting

When porting your telephone number from your current supplier to Call Central Communications, this may result in the finalisation of your account for this service including any DSL spectrum sharing service, together with any outstanding fees and charges such as early termination fees and porting fees. We will not be held liable for any of these fees and charges and You agree to fully indemnify us against any such claims..

Misuse of Your Account

You are responsible for any misuse of your account, even if this misuse is committed by someone known to You. Therefore You must take all steps to secure your account and prevent unauthorised access. This includes but is not limited to never sharing your User Name or Password and other security settings. You will be held responsible for all fees and charges incurred on your account at all times. For the avoidance of doubt, You are solely responsible for the security of the phone system and hardware to prevent PBX hacking or Toll Fraud.

You agree that fraudulent calls cannot be used as a basis for disputing an invoice and the required payment.

You must not use, or permit any use of the Call Central Communications Service to transmit any offensive, obscene, indecent, defamatory, abusive, threatening, harassing or illegal material which may be contrary to the law or any applicable code of conduct under the law.

Service Suspension

Call Central reserves the right to restrict a service from further accruing debt upon notification of insolvency. We will not release your numbers(s) back to recycling but we may restrict your ability to accrue further call charge debt with us.

Disclaimer

We accept no responsibility for any loss, damage, costs or expenses or other liability in contract, tort or otherwise arising directly or indirectly from the use of this service and make no warranty that this service is suitable for any particular purpose. We will not be held liable for any telecommunications charges or other charges the Customer may incur while using the service, whether authorised or not by the Customer. Our liability for any breach of our Terms and Conditions is excluded to the fullest extent permissible in Law. Any breach which cannot be excluded in Law is limited to the re-supply of the services, or payment of the cost of supply of the services. All other warranties except those required by Law are excluded. This paragraph shall survive the termination of this agreement between the parties.

Emergency Service Calls

A VoIP service is not a full PSTN or ISDN replacement service. Consequently an alternative landline phone or other phone such as a mobile phone capable of making emergency calls during a power or network outage must always be readily available to access the “000” Emergency Service.

SLA (Service Level Agreement)

Call Central shall endeavour to provide the highest quality uptime we reasonably can on all our services, service delivery and products but we do not explicitly specify any guaranteed uptimes, or SLA on uptimes on any of our services, or the delivery of any products and services we provide. This should be taken into consideration upon evaluating Call Central as your potential business phone provider. Faults on services can present and while Call Central will always endeavour to resolve faults in a timely manner, sometimes faults can be outside of Call Central’s control, such as upstream network faults. Call Central cannot guarantee your service will be faultless.

 

3CX License and Account

Call Central is a reseller of 3CX phone system software. Upon signing up to a Call Central 3CX plan, you agree to provided 3CX with your personal information and agree to allow Call Central to create a 3CX account on your behalf. Your license agreement is held directly with 3CX, all legal liabilities surrounding your 3CX license and 3CX software are held with 3CX. Call Central are not liable and are indemnified for any costs, losses or damages that the 3CX license and 3CX software may cause your business. You can obtain a copy of the 3CX Terms and Conditions directly on the 3CX website by clicking here.

Your 3CX license will be renewed annually and the cost for your 3CX license will be automatically placed on your Call Central invoice on, or before the annual renewal date. If you wish to cancel your 3CX license, please notify Call Central accounts team, in writing, at least 30 days prior to your license renewal date.