Terms & Conditions

GENERAL TERMS AND CONDITIONS
These General Terms of Service constitute the agreement (“Agreement”)
between NextGVoIP (Service) and the user (“you,” “user” or “Customer”).
This Agreement governs both the Service and any devices (customer premises
equipment), such as an IP USB phone, Telephone Terminal 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, and you represent that you are of legal age to enter this
Agreement and become bound by its terms. If you have purchased Equipment
from any NextGVoIP retail dealer, you will be deemed a “Retail Customer”
and will be governed by certain Retail Customer terms and conditions as set
forth herein. There are specific terms and conditions for Business Services
which are in NextGVoIP’s Enhanced Service Agreement.
EMERGENCY SERVICES – 000 DIALING
Loss of Service Due to Power Failure or Internet Service Outage or
Termination or Suspension or Termination by NextGVoIP.
You acknowledge and understand that the Service does not function in the
event of power failure. You also acknowledge and understand that the Service
requires a fully functional broadband connection to the Internet (which may
not be provided by NextGVoIP) and that, accordingly, in the event of an
outage of, or termination of service with or by, your Internet service
provider (“ISP”) and/or broadband provider, the Service will not function,
but that you will continue to be billed for the Service unless and until you
or NextGVoIP terminate the Service in accordance with this Agreement.
Should there be an interruption in the power supply or ISP broadband outage,
the Service will not function until power is restored or the ISP outage is
cured. A power failure or disruption may require the Customer to reset or
reconfigure equipment prior to utilizing the Service. Power disruptions or
failures or ISP outages will also prevent dialling to emergency service
numbers including the emergency 000 calling feature. Should NextGVoIP
suspend or terminate your Service, the Service will not function until such
time as NextGVoIP restores your Service (which may require payment of all
invoices and reconnection fees owed by you or cure of any breach by you of
this Agreement).
Broadband Service/ISP Outage or Termination/Suspension by NextGVoIP
You acknowledge and understand that service outages or suspension or
termination of service by your broadband provider and/or ISP or by NextGVoIP
will prevent ALL Service including 000 dialling.
Service Outage Due to Suspension of Your Account
You acknowledge and understand that service outages due to suspension of
your account as a result of billing issues will prevent ALL Service,
including 000 dialling.
Other Service Outages
You acknowledge and understand that if there is a service outage for ANY
reason, such outage will prevent ALL Service, including 000 dialling. Such
outages may occur for a variety of reasons, including, but not limited to
those reasons described elsewhere in this Agreement.
Limitation of Liability and Indemnification
You acknowledge and understand that NextGVoIP’s liability is limited for
any Service outage and/or inability to dial 000 from your line or to access
emergency service personnel, as set forth in this document. You agree to
defend, indemnify, and hold harmless NextGVoIP, 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 the absence, failure or outage of the Service, including 000
dialling and/or inability of Customer or any third person or party or user
of Customer’s Service to be able to dial 000 or to access emergency service
personnel.
FAIR USE POLICY
It is important to NextGVoIP that all eligible NextGVoIP customers are
able to access our services. For this reason, and to ensure the provision of
quality and reliability of our services, a Fair Use Policy applies to all
our services and plans. We reserve the right to vary the terms of this Fair
Use Policy from time to time.
CALL DURATION
NextGVoIP considers the duration of any calls, regardless of whether it
is timed or untimed in any NextGVoIP service plans, in excess of 2 hours
in one session to be excessive use. Such calls shall be automatically
terminated by the NextGVoIP system without any further notice or warning.
OUTGOING TELEPHONE NUMBERS
You acknowledge and understand that NextGVoIP customers can make outgoing
calls to most Public Switched Telephone numbers with the exception of some
special service numbers including Directory Assistance, time, 1900 and
others. NextGVoIP is not liable for any claims, losses, damages, costs
and expenses as a result of you not being able to call these special service
numbers.
DIRECT-IN-DIAL (DID) NUMBERS
NextGVoIP may provide you with DID numbers. The DID numbers are a public
resource in Australia and are leased with a fee by service providers from
the Australian government. If you are provided with DID numbers, you
acknowledge that you do not own the numbers and are willing to pay a fee for
the use of the numbers while you have a service with NextGVoIP. You will
return the numbers to NextGVoIP if you have ceased to be a customer
unless porting arrangements have been made.
NextGVoIP SERVICE
Terms
NextGVoIP services are offered on a pre-paid and post paid basis for
residential and business customers respectively. The prepaid services
require the monthly fee, if applicable, and call charges to be paid in
advance every month. The fee begins on the date that NextGVoIP activates
your Service and ends on the day before the same date in the following
month. Subsequent terms of this Agreement automatically renew monthly
without further action by you unless you give NextGVoIP written notice of
non-renewal at least (10) days before the end of the monthly term in which
the notice is given. You are purchasing the Service for full monthly terms,
meaning that if you attempt to terminate the Service prior to the end of a
monthly term, you will be responsible for the full month’s charges to the
end of the then-current term, including without limitation unbilled charges
all of which immediately become due and payable. Expiration of the term or
termination of Service does not excuse the Customer from paying all unpaid,
accrued charges due in relation to the Agreement. NextGVoIP reserves the
absolute right to provide the service to any customers at its sole
discretion and is not obliged to disclose the reason of refusal.
Lawful Use of Service and Device
You agree to use the Service and Device only for lawful purposes. This means
that you agree not to use them for transmitting or receiving any
communication or material of any kind when in NextGVoIP’s sole judgment
the transmission, receipt or possession of such communication or material
(i) would constitute a criminal offence, give rise to a civil liability, or
otherwise violate any applicable local, state, national or international law
or (ii) encourages conduct that would constitute a criminal offence, give
rise to a civil liability, or otherwise violate any applicable local, state,
national or international law. NextGVoIP reserves the right to terminate
your service immediately and without advance notice if NextGVoIP, in its
sole discretion, believes that you have violated the above restrictions,
leaving you responsible for the full month’s charges to the end of the
current term, including without limitation unbilled charges, all of which
immediately become due and payable and may at NextGVoIP’s discretion be
immediately charged to your credit card.
Copyright/Trademark/Unauthorized Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the
Service or provided to you in conjunction with providing the Service, or
embedded in the Device, and all Services, information, documents and
materials on NextGVoIP website are protected by trademark, copyright or
other intellectual property laws and international treaty provisions. All
websites, corporate names, service marks, trademarks, trade names, logos and
domain names (collectively “marks”) of NextGVoIP & NextGVoIP are and
shall remain the exclusive property of NextGVoIP and nothing in this
Agreement shall grant you the right or license to use any of such marks. You
shall not reverse compile, disassemble or reverse engineer or otherwise
attempt to derive the source code from the binary code of the firmware or
software.
Tampering with the Device or Service
You agree not to change the electronic serial number or equipment identifier
of the Device, or to perform a factory reset of the Device, without express
permission from NextGVoIP in each instance which NextGVoIP may deny in
its sole discretion. NextGVoIP reserves the right to terminate your
Service should you tamper with the Device, leaving you responsible for the
full month’s charges to the end of the current term, including without
limitation unbilled charges, plus a disconnect fee, all of which immediately
become due and payable. You agree not to hack or disrupt the service or to
make any use of the Service that is inconsistent with its intended purpose
or to attempt to do so.
Theft of Service
It is your responsibility to take the necessary precautionary measures to
ensure your computer and other associated system is secured. If your Device
is stolen or if you become aware at any time that your Service is being
stolen or fraudulently used, you agree to notify NextGVoIP immediately,
in writing or by calling the NextGVoIP customer support line. When you
call or write, you must provide your account number and a detailed
description of the circumstances of the Device theft or fraudulent use of
Service. Failure to do so in a timely manner may result in the termination
of your Service and additional charges to you. Until such time as NextGVoIP
receives notice of the theft or fraudulent use, you will be liable
for all use of the Service using a Device stolen from you and all stolen
Service or fraudulent use of the Service.
Termination/Discontinuation of Service
NextGVoIP reserves the right to discontinue providing the Service
generally, or to terminate your Service, at any time at its sole discretion.
You will be responsible for the full month’s charges to the end of the
current term including and without limitation unbilled charges, all of which
immediately become due and payable.
ISN
ISN is used by NextGVoIP for its internal working system and remains the
property of NextGVoIP. The use and (re-)allocation of ISN for whatever
purposes is at the sole discretion of NextGVoIP.
Support
NextGVoIP provides support only to customers who use the service in
Australia. No support is provided to overseas customers who use the adaptor
and service outside of Australia.
White Pages
NextGVoIP charges $30 one-off processing fee per entry of DID numbers
into White Pages. Customers deal separately with Sensis in listing the
numbers in White Pages.
BILLING & CHARGES
Billing
You must give us a valid credit card number (Visa, MasterCard, or any other
issuer then-accepted by NextGVoIP’s) when the Service is activated. NextGVoIP
reserves the right to stop accepting credit cards from one or more
issuers. If the 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 NextGVoIP at once. We will bill all charges, applicable taxes
and surcharges monthly in advance. Any usage charges will be billed in
increments that are rounded up to the nearest minute.
BPay
Payment by BPay typically takes 3 business days to appear in your NextGVoIP
account. Your service will be turned on only after we receive
confirmation from BPay of your payment. For more information about BPay,
consult your financial institution.
Credit Card Payment
i) If you use your credit card for automatic monthly payment, you may be
subject to a pre-authorized amount of $10 at the beginning of you ordering
the service. This amount is not a charge to your credit card and will be
returned to you after 7 days. During this period, your available credit card
limit will be less of this amount, and
ii) Your initial use of the Service authorizes NextGVoIP to charge the
credit card account number including any changed information given to NextGVoIP
if the card expires or is replaced, or if you substitute a different
card for NextGVoIP charges. This authorization will remain valid until 30
days after NextGVoIP receives your written notice terminating NextGVoIP’s
authority to charge your credit card, whereupon NextGVoIP will
charge you any other outstanding charges and terminate the Service. NextGVoIP
may terminate your Service at any time in its sole discretion, if any
charge to your credit card on file with NextGVoIP is declined or
reversed, your credit card expires and you have not provided NextGVoIP
with a valid replacement credit card or in case of any other non-payment of
account charges. Termination of Service for declined or expired card,
reversed charges or non-payment leaves you fully liable to NextGVoIP for
all charges before termination.
Invoice
i) An invoice is sent to the customer’s nominated email address one calendar
month after joining the NextGVoIP service and will be sent thereafter
every month. Customers may view call charge records and other relevant
information on-line at any time via individualised password protected web
portal.
ii) NextGVoIP only provides invoices in electronic format for all service
types to an email address nominated by the customer and does not provide
paper invoices. It is the responsibility of the customers to provide NextGVoIP
with the correct email address and advise NextGVoIP of any change.
Service Account Change
An account handling fee of $20 shall be charged if a subscription account is
to be subtracted (ie removed) from an existing NextGVoIP account and is
to be placed in a separate account.
An account handling fee of $10 shall be charged if you request to have your
account re-opened and re-activated with a NextGVoIP locked adaptor device
after the said account had previously been closed.
Re-activation
NextGVoIP reserves the right to suspend the Service if you fail to make
monthly advance payment due to card expiry or any other reasons. The Service
may be re-activated with a payment of activation fee of $10 plus the normal
monthly fee if the period of suspension is less than 14 days.
Customer Equipment within 14 day of purchase
NextGVoIP will replace or refund the purchase of the customer premises
equipment within 14 days of purchase provided: