1 Hosted / Cloud PBX Terms and Conditions Anttel Communications Group Pty Ltd Hosted / Cloud PBX Terms and Conditions
2 A. Anttel Communications Group Pty Ltd ( Anttel ) is a telecommunications provider and supplies telecommunications products and Services using a combination of its own and other carrier network facilities ( Services ). B. You ( End User ) has agreed to purchase from Anttel telecommunications Services to as per the terms of this Agreement. CONTENTS 1. The Cloud PBX Service 4 2. Availability 4 3. Acceptable Use 4 4. Fees, Billing and Payment 4 5. Service Availability 5 6. Product Incompatibility 5 7. Equipment 5 8. Licences 6 9. Cancelling your Cloud PBX Service Charges Ordering and Provisioning Network Availability Setup and Technical Support Schedule 1: Cloud PBX Features and Functions 8
3 1. The Cloud PBX Service 1.1. The Anttel Cloud PBX Service is a hosted PBX solution with a broad range of features and functions The Cloud PBX Service (the Service) is a suite of licences as described in Schedule 1 and Each Cloud PBX extension is a single licence The Cloud PBX Service is sold subject to our Standard Terms and Conditions and fair Use Policy. 2. Availability 2.1. The Anttel Cloud PBX Service is only available to Anttel End Users for their own use, End Users must not resell the product without the written consent of Anttel The Anttel Cloud PBX Service is provided over Anttel's IP network and is not accessible from the public internet. Calls are not preselectable to another carrier, and we will bill you for all calls at the rates agreed to. 3. Acceptable Use 3.1. You have to do what we reasonably tell you to do relating to your use of the Anttel Cloud PBX Service, including complying with our Acceptable Usage Policy (as we may vary from time to time) You must not use the Anttel Cloud PBX Service, or let anyone use the Anttel Cloud PBX Service: to menace or harass any person or injure or damage anyone or anything; for a purpose that a reasonable person would consider offensive; to infringe another person s intellectual property rights; to misuse another person s confidential information; to infringe or commit an offence against any law, standard or code; to send or receive instructions that could damage or injure somebody or something if implemented; in a way that exposes either you or us to risk of prosecution or legal or administrative action under any law; to interfere with, disrupt or affect the availability or use of the Internet or any other network or computer system; in a way that results in a virus, worm, Trojan or similar program being sent through the Anttel Cloud PBX Service from your equipment; or In breach of our Acceptable Usage Policy. 4. Fees, Billing and Payment 4.1. End User agrees to pay the rates set out in the service order form, for the Services, in accordance with the payment terms agreed to between the parties in the Standard Form of Agreement (SFOA) We will bill you monthly in advance for the Service you purchase from us. No part period charges are levied on initial purchase or on relinquishing a licence.
4 5. Service Availability 5.1. You acknowledge that the Services may not be available from time to time as a result of a number of factors, including: capacity constraints; electromagnetic interference; adverse weather conditions; excessive network use; equipment or software failure; Force Majeure Event; Intervening Event; or during maintenance activities, and that in such circumstances, we are not obliged to supply the Services. 6. Product Incompatibility 6.1. Some products may be incompatible with your Anttel Cloud PBX Service and so will not be available to you. 7. Equipment 7.1. We will supply to you the Equipment specified in your order Risk in any Equipment passes to you upon delivery We or our Suppliers retain title to any Equipment: in the case of sale of Equipment to you, until payment for the Equipment is received by us in full; or in the case of rental of the Equipment, at all times; 7.4. while we or our Suppliers retain title to the Equipment, you agree to hold the equipment in a fiduciary capacity as bailee for us or our Suppliers You acknowledge and accept that we are entitled under the Personal Properties Securities Act 2009 to register our interest in any Equipment that we supply to you as a purchase money security interest and you waive your right to receive a copy of any such registration All intellectual property rights in any manuals or user documentation supplied with the Equipment is retained by us and our Suppliers Any Third Party Equipment must comply with all applicable technical and interconnection standards and requirements, including those set by ourselves or our supplier or the relevant manufacturer. We are not liable for any losses or expenses incurred by you in relation to the use of Third Party Equipment to access the Services If we are required to install any Equipment on your premises or the Site for the purposes of providing the Services to you, you must: provide us with prompt and safe access to your premises or the Site as reasonably required by us to install the relevant Equipment; provide all reasonable assistance (including access to your personnel), facilities and take all safety precautions as may be reasonably necessary or otherwise requested by us to ensure safe and proper performance by us of all work at your premises or the Site; and indemnify us against any claim against, or loss incurred by, us (including legal costs on a full indemnity
5 basis), in connection with our entry to your premises or the Site and installation of the Equipment or ; and obtain and maintain all permits, licences, approvals, authorisations, consents, including where required, local council planning approval required for the installation and operation of the Equipment and connection to the Services We do not provide any technical support on your own equipment Any lost, stolen and damaged Equipment owned by us, except if it is caused by us or any of our personnel is your responsibility You are responsible for any outstanding payments for Equipment purchased from us, even where that Equipment is lost, stolen or damaged, except if it is caused by us or any of our personnel Any Equipment purchased by you from us is subject to the warranties given by the manufacturer in respect of the Equipment To the extent that we are lawfully able to do so, we will assign to you the benefit of any warranties given to us by the manufacturer of the Equipment purchased by you from us under this Agreement To the fullest extent permitted by law, we do not provide any warranties to you in respect of the Equipment in addition to those set out in paragraphs 7.12 and 7.13 above On termination or expiry of this Agreement you must immediately return to us all Equipment owned by us. 8. Licences 8.1. Subject to the provisions of this Agreement, we grant to you a limited, non-exclusive, non-transferable license to use our Cloud PBX, in order to receive the benefit of the Services for the duration of this Agreement. 9. Cancelling your Cloud PBX Service 9.1. You may cancel a Service at any time; however, if you cancel the Service prior to the expiry of any contracted Term, we will charge you an early termination fee in accordance with clause We can cancel your Anttel Cloud PBX Service at anytime by telling you in writing that your Service has been canceled If your Anttel Cloud PBX Service is cancelled before the end of your minimum term, we may charge you an early termination charge. This is 100% of the monthly charges for your Anttel Cloud PBX Service that would have been payable for the remainder of your minimum term. (This does not apply where we cancel your Service or where you cancel your Service because we are in breach.) This amount is a genuine pre-estimate of our loss Anttel will endeavour to cancel your Anttel Cloud PBX Service on the cancellation date you have requested. However, your Service may remain technically connected for up to 5 business days after the date we receive your cancellation request. If your Service is used at any time prior to its technical disconnection, whether or not that use is authorised by you, we will charge you for the Anttel Cloud PBX Service up to and including the last day the Service is used.
6 10. Charges We will charge you the rates in your service order form for; Establishing the PBX; Extension Set Up and Changes where you ask us to do these for you; please note where you have requested Anttel to make changes to your Cloud PBX, it is the End Users responsibility to test the changes are working as required A monthly recurring charge for the Extension Licence. We do not pro rata these charges on connection or disconnection of the licence A monthly recurring charge for other licences; A monthly recurring charge for any handsets that you ask us to provide Any chargeable calls at the rates agreed to Once setup any adds, moves or changes required will be charged at a once off $50 per change. 11. Ordering and Provisioning Cloud PBX is ordered via our paper based application form. We do not accept or voice orders We aim (but do not guarantee) to provision your Anttel Cloud PBX Service within 7 working days We measure the timeframes above from the day we tell you that we have processed your application. 12. Network Availability We aim (but do not guarantee) to make sure the network availability is at least 99.5% for each month We do not count scheduled outages when working out network availability for a month We calculate network availability measurements. If one or more of our systems fail, this does not necessarily mean that our network was not available When we measure network availability, we are not measuring the availability of your Service. If your connecting carriage Service is unavailable, this is not reflected in the network availability for your Anttel Cloud PBX Service Sometimes we perform scheduled maintenance, upgrades or repairs to our Internet access network or connecting carriage Service and all or part of the Anttel Cloud PBX Service may not available as a result. This is a scheduled outage We aim (but do not guarantee) to tell you about scheduled outages at least three business days beforehand. We do this by sending an to your nominated accounts contact.
7 13. Setup and Technical Support Installation is typically completed by: - the customer with telephone based assistance from Anttel s support team; or - an onsite Certified Anttel installer Where an onsite installation is requested the Anttel certified installer will charge an installation fee directly to the customer. Please note that Anttel does not warrant the quality of the installation service conducted by third parties Anttel recommends the use of business grade networking hardware and qualified networking technicians to avoid potential network performance issues Anttel provides free phone and based technical support during standard business hours in respect of standard system configuration issues but does not attend onsite without charging a fee Following the provisioning of your Cloud PBX system we recommend that you test the call flow and all other features of the system. If your tests reveal that the system has not been provisioned in accordance with the Cloud PBX Setup Form we recommend that you advise Anttel support of the issue via Anttel provides a 14 day post installation fault finding period with every Cloud PBX provisioned. During the 14 day fault finding period minor adjustments to the following features are available without charge: - call flow; - action time outs; - choice of music on hold; - inbound Caller ID presentation; - DID assignment; and - voic or call forward settings
8 Schedule 1: Cloud PBX Features and Functions The Cloud PBX 1. The Cloud PBX is a virtual PBX hosted on Anttel Cloud platform. You may have one Cloud PBX for all your extensions across multiple locations. 2. You cannot have Extension Licences without a Cloud PBX. 3. We will charge you for the establishment of each Cloud PBX. 4. You may make changes to the licences and Services within a Cloud PBX yourself, in which case we will not charge you. 5. You may request that we make changes within your groups on your behalf, in which case we will charge you for each change you request. 6. Some features may require the use of Anttel recommended hardware together with software firmware upgrades to enable you to access all Cloud PBX features. 7. Feature requests outside of the standard product may be available (eg the use of third party applications) however the problem free operation of these features is not guaranteed. Furthermore Anttel may, at its discretion, refuse to provide support for non-standard hardware and / or charge a support fee in relation to assisting you with configuration of unsupported features or hardware. 8. Time dependent features for Cloud PBX Services including but not limited to changes in call routing are based on Queensland local time where applicable. All times provided to Anttel are applied to your Cloud PBX Service in Queenslandlocal time. 9. Some Local Area Network environments may necessitate re-engineering to work with the Cloud PBX. Anttel will advise you of the need for re-engineering if necessary and discuss the options for completing this work with you before proceeding. Extension Licence 1. You must purchase a separate Extension Licence for each Service number or extension 2. Each Extension Licence can purchase has a unique Service number that can be called by external. 3. Each Extension Licence has a pack of Cloud PBX features. 4. Pricing licences is determined by the number of licences you wish to purchase and their contracted period, in a single order. 5. At the end of any contracted period, the Licence continues on a month to month basis. 6. You may surrender a Licence at any time. If you surrender a licence, you will be billed for the balance of the original contracted period. 7. If you cancel a Service, or a Service is ported away, you may retain the Licence and reuse it with another Service number. 8. You may purchase a number of Licences for future use.
9 Auto Attendant Feature (IVR) 1. The Auto Attendant provides enterprises with a tool to field inbound calls and deliver them to the intended destination through interactions with the caller. The Auto Attendant is reached by dialing an associated phone number or an extension. Once connected to the Auto Attendant, the caller is played a greeting that provides a menu of options to complete call routing. Music on Hold 1. This Service allows an administrator to set up and maintain an audio source that can be broadcasted to held parties in various scenarios (Call Park, Call Hold).
Service Schedule 6 - Overriding provisions All quotations are made and all orders are accepted subject to these conditions ( these Schedule Terms ) and our Active Support Contract Framework Terms. In the
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