1. These terms and conditions apply to all Encore Technology Solutions services (the "Service"). You must read and understand this agreement (the "Agreement") before using the service in whole or in part. In this agreement, "We" or "Us" or "Encore Technology Solutions" relates to RT Comms Pty Ltd T/A Encore Technology Solutions or their agents and "You" or "Customer" relates to the person, person(s) or organisation receiving the Service. Also, acknowledge that these terms and conditions may vary from time to time. Please check back these conditions regularly, as use of this service constitutes your acceptance of these terms and conditions.
2. You acknowledge that although we will take all reasonable steps to make sure you receive the voice service within the local calling areas, the voice service is not free from faults or interruptions. Certain factors, such as network congestion, maintenance, technical capabilities, geographic factors, obstructions or interference may mean you will not receive the voice service at certain times.
3. When using this service, you will ensure that you and others comply at all times with all laws and obligations, regulations, codes or determinations or any other requirements of any government or statutory authority, including licence conditions, applicable to the services and their use. Failure to comply with any licence , permit or authorisation relating to the connection of equipment to the Service Delivery Point or use of the services may result in immediate termination of the agreement. In addition, you must not transmit, distribute or otherwise publish on the Service any libelous, defamatory, abusive material or material that could give rise to civil or criminal proceedings. If this occurs, Encore Technology Solutions will not be held liable for any charges incurred by these proceedings.
4. The contents of the Service, including, but not limited to text, photographs, graphics, video and audio content (the "Content") is protected by copyright as a collective work or compilation under the copyright laws of Australia and other countries, and owned or controlled by Encore Technology Solutions, their affiliates or the party credited as the provider of the Content. All individual articles, content and other elements comprising the Content are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in the Service. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Service. Without limiting the generality of the foregoing, the Encore Technology Solutions service may not be resold or otherwise resupplied by any account holder to any other person or entity without Encore Technology Solutions' prior written consent.
5a. Fees and charges applicable to your service will commence from the date of connection to Encore Technology Solutions. For post-paid customers, we will email an invoice to you no less frequently than monthly, and you
must pay these fees and charges by the invoice due date. All fees and charges will be billed to your nominated credit/charge card. If you cancel your credit/charge card authority, or if you do not pay your invoice by
the invoice due date, Encore Technology Solutions will charge a fifteen dollar late fee. Charges for archive or hardcopy invoices may apply. Encore Technology Solutions can decide that you have a credit limit. If so, we will
tell you what that credit limit is. If you exceed the credit limit, we may suspend the service until you pay all call charges owing on your account. Finally, we may ask you to pay a deposit for some or all of the service charges in advance, in order to receive or continue receiving your service. You are still required to pay us your monthly charges by the invoice due date.
5b. Domestic Calling Rates are as per the service schedule for your calling plan as advertised on our current plans page. If your plan is no longer advertised, you can request the calling rates again by email. International Calling Rates are listed on our website and are subject to change without notice, although they are generally updated on the last day of each month for the following month. International rates fluctuate regularly due to many market factors, and you agree to pay the rates listed at the time of your call. You can request international barring by emailing email@example.com
6. Our pre-paid services are designed to prevent account balances being debited past 0. Due to the resource intensive nature of per-second call checking, you may end up with a debit balance. If you have a debit balance (illustrated with a negative sign), it must be re-paid to Encore Technology Solutions within 30 days of your balance going into debit, otherwise Encore Technology Solutions may choose to retrieve these funds using the appropriate legal channels.
7. If you have authorised payments by credit card, debit authority or other similar methods, then payments shall be drawn against your authority when due without further notice to you unless you terminate the payment method by 14 days written notice to Encore Technology Solutions. Disconnection to the Service will occur in the event that your authorized payment method is refused or dishonoured by your nominated financial institution.
8. Your term begins when you are first connected to Encore Technology Solutions and continues for the period of time until you disconnect. Should your details change at any time, you must notify us immediately. If you wish to discontinue your connection, you must give us notice in writing by emailing us to request a disconnection. The Service will be disconnected within 7 days of receipt. Encore Technology Solutions may suspend, restrict or disconnect the service under varying circumstances. A final invoice will be issued after disconnection and you must pay all fees and charges you incurred using the service, up to the date of disconnection.
9. Encore Technology Solutions’ records are prima face evidence of the Customers use of the service and the charges payable. Encore Technology Solutions allows customers to connect to the service using their own device. Encore Technology Solutions only charges for answered calls and ceases to charge when the call is terminated by the caller. Timed calls are calculated using the total network time used for each call. The Customer agrees that any calls from the Encore Technology Solutions account supplied to the Customer are deemed to be authorized by the Customer and the Customer will pay all charges accordingly. International calls are charged in 30 second increments, Mobile timed calls are charged in one second increments. There is a minimum charge of 1 cent on all timed calls.
10. Encore Technology Solutions may provide Customers and Resellers with access to the Encore Technology Solutions billing (or "reseller") software. This software may provide figures detailing total call costs and individual call details. Where the software is provided, it is provided as a guide only and records should be kept by the Customer to check that the total provided is correct. The software should serve only as a tool for verifying the Customers own records.
11. All Customers are assigned a unique Encore Technology Solutions identification username and password. The Customer should keep confidential all passwords the Customer is given in connection with the service. The Customer acknowledges that Encore Technology Solutions will disclose any information in connection with the customers accounts to any person who correctly quotes the Customers password.
12. Customers that purchase a Direct Indial (DID) from Encore Technology Solutions will retain the Rights of Use (ROU) of the number while they are on an active plan with no amounts outstanding. The customer can use their ETS Hosted+ accounts number (found on the PDF email bill) to port their DID to another provider if they hold the ROU for a DID. If the customer removes the DID via the My Account portal or has their account closed for any reason, they will no longer hold the ROU for that DID.
13. Customers may port their own number to Encore Technology Solutions from Optus or Telstra. This ported DID will continue to belong to the customer, and not Encore Technology Solutions. This DID can be ported to another Telecommunications provider by the customer without notice to Encore Technology Solutions.
14. Encore Technology Solutions offers a supplementary phone service only. The phone service provided is supplementary to your existing landline or mobile phone service. As such, you are required to own an active landline or mobile with a Telecommunications provider in Australia at all times. Emergency calls should be dialed on your landline or mobile phone only, because Voice over IP by nature is not fault-free as mentioned above (2.). Encore Technology Solutions may contact you on your mobile or landline periodically to ensure that your details are up to date. When calling Emergency Services (000) from a Encore Technology Solutions phone your location details may not be automatically transmitted to the operator. When calling 000 using a VoIP phone service, the operator must verify your location details with you.
15. If, in Encore Technology Solutions' opinion, you breach any of the terms and conditions of this Agreement, we may suspend, terminate or limit your access to the Service and terminate this Agreement effective immediately. The termination of the Service shall not preclude Encore Technology Solutions from exercising any other rights Encore Technology Solutions may have against you under this Agreement.
16. These terms plus the terms of the chosen Service(s) constitute the entire Agreement between the Customer and Encore Technology Solutions in relation to Service(s). Any condition, warranty, representation or other term which might otherwise be implied into or incorporated into these terms and conditions, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded. Neither party shall have any remedy in respect of any untrue statement made to it upon which it relied in entering into this Agreement (unless such untrue statement was made fraudulently) and each party's only remedy shall be for breach of contract as provided in this Agreement.
15. These terms and conditions are governed by the laws and regulations of the state of Queensland.