SERVICE AGREEMENT



OZtell, a business of Knowledge by Design Pty. Limited, provides a set of online computing and communication services (the "Service"). Please read this service agreement (this "Agreement") before using the Service in whole or in part. For example, accessing our web sites, phone sites, email addresses, using our systems, networks, hardware and software etc.

By starting or continuing to use the Service, you agree to abide by the terms and condition of this agreement. In this Agreement, "we" and "us" refer to Oztell and KbD individually or together and references to "Oztell" include KbD.

1. Basic Rules
2. Patents and Licenses
3. Copyright and Content
4. General Usage
5. Fees and Payments
6. Relief and Indemnity
7. Disclaimer of Warranties
8. Limitations of Liability
9. Access and Availability of Service and Links
10. Registration and Security
11. Usage of Numbers
12. Suggestions and Submissions
13. Termination
14. Changes
15. Complaints Handling
16. General Matters

1. Basic Rules

If you are under 18 years of age, you must obtain a parent/guardian’s consent prior to using the Service (your parent/guardian must also agree to this agreement).

By registering for, paying for or using the Service, you agree to be bound by all of the terms and conditions of this Agreement.

2. Patents and Licences

Some OZtell services are based on our own patented and patent pending technologies (hardware and software) and business methods. If you like a process or a technology of ours - don't copy - talk to us. It is much cheaper than settling in the courts.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any patent, trademark, copyright or other proprietary or industrial right of OZtell, KbD, their affiliates or any third party.

3. Copyright and Content

3.1 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 OZtell, KbD, 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.

3.2 Except for Content you have posted on 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 Content, except that you may download material from the Service for your own personal, non-commercial use, provided you maintain all copyright and other notices contained therein. Without limiting the generality of the foregoing, you may not distribute any part of the Content over any public network, nor sell or offer it for sale. In addition, the Content may not be used to construct any kind of database.

3.3 Without limiting the provisions of clause 3.1, neither you nor any third party shall make use of the Content in any manner that constitutes an infringement of our rights (including copyright), including but not limited to "framing", downloading or establishing unauthorized links to any part of the Content on your or any third party's Web site.

3.4 Many of the products and services offered for sale or advertised and much of the information provided on the Service are the products, services and information of third parties (including other OZtell clients). These third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier.

3.5 We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via OZtell. You should check with the third party supplier whether there are additional charges and terms which may apply.

4. General Usage

4.1 You must not use the Service for any activities or post or transmit to or via OZtell any information or material or misuse the Service in any manner which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standards or codes.

4.2 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.

4.3 You must not use the Service in a way or post to or transmit to or via OZtell any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from using or enjoying the Service by means including but not limited to online chat harassment, email bombardment, damage to Internet connected resources and channel flooding.

4.4 You agree that you will not send unsolicited electronic mail messages (spam) or threaten or verbally abuse other users, use defamatory language, or deliberately disrupt discussions with repetitive or meaningless messages.

4.5 You must not use another’s name, username, Account Number, user ID, personal identification number (PIN) or password. You must not allow anyone to use the Service as you (you are not allowed to give out your PINs or passwords).

4.6 You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is ground for immediate and permanent suspension of access to all or part of the Service.

4.7 You must not use the Service to make any fraudulent or speculative enquiries, bookings, reservations or requests.

4.8 We encourage active discussions in our systems. However, personal attacks are a direct violation of this Agreement and is ground for immediate and permanent suspension of access to all or part of the Service.

4.9 You must not use the Service to unlawfully obtain access to any computers or networks. You must not tamper with, hinder the operation of or make unauthorised modifications to the Service or knowingly transmit any virus or other disabling feature to the Service.

4.10 In some cases, you can trial parts of the service without payment, but there is no commerical relationship nor service contract until the first payment. Trial access to the service is provided free of charge on goodwill and may stop at anytime. When you have finished the trial of the service, you should delete all relevant data and notify us. You become a customer of ours only after your payment.

4.11 You must not resell or resupply OZtell technologies or services in anyway (in part or in whole) to anyone without written permission from OZtell. This includes using our services in whole or in part in providing services to others in whole or in part. For example, the use of our Local Phone Numbers for phone card operations.

4.12 You must not misrepresent your relationship with OZtell or that of the OZtell Services. Anyway relationship with OZtell outside that of an user of OZtell Services must be confirmed by OZtell in writing.

4.13 You are solely responsible for the content of your messages. However, while OZtell does not and cannot review every message posted by you on our systems and is not responsible for the content of these messages, OZtell reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

4.14 OZtell acts as a pure transport medium for your multimedia content (text, voice, video, images etc.) and as an agent for your different online accounts (instant messaging, voice over IP, phone card etc.). You are responsible for any codecs you used for your multimedia content and for any relationship with the suppliers of those online accounts. OZtell is simply passing through your information "as is" without modification (much like routers on the internet).

4.15 You acknowledge that any submissions you make to the Service (e.g. Letter to the Editor, Review or Commentary) may be edited, removed, modified, published, transmitted, and displayed by OZtell and you waive any moral rights you may have arising from the material being altered or changed in a manner not agreeable to you.

4.16 Email is the offical method of communication from OZtell to its customers. You should check the email address you provided to us at least once a week, or, forward all emails from that email address to another email address which you check at least once a week. It is you duty to keep the email address you supply to OZtell current. Notice from OZtell to you is deemed to have been served when OZtell sent an email to your supplied email address.

4.17 All OZtell services carry a "Unusual Use" policy. It is not possible for OZtell (or any organisation in the world) to allocate infinite amount of resources to each user, so OZtell allocates resources based the the average usage of people paying similar amount of money each month to OZtell. We however allow our user to EXCEED their allocated average resources, as we understand that there are those occasional needs of excess. But this ability to access extra resources should NOT be abused (in terms of both having too much excess volume and having too long a duration of excess actvitiy). If we detect people using excessive resources compared to other users paying similar amounts of money to OZtell, we reserve the right to send them emails alerting them of that fact. And if the excess volume and excess duration are NOT reduced within 24 hours of the email, then their accounts may be terminated without further notice. OZtell reserves the sole right to determine what is termed "unusual" at any time, but in general, it is consuming 10 or more times than what other users paying similar fees each month are consuming over the same period of 10 hours.

5. Fees and Payments

5.1 OZtell charges fees for access to portions of the Service or the Service as a whole. You agree to pay those fees when you start using the Service. All fees are posted on our web site (www.oztell.com). For the 1CC service the fees are at http://www.oztell.com/services/pricing.

5.2 All prices displayed and products and services offered to be supplied by OZtell or any third party merchant or service provider are subject to change without notice. All changes will be posted to our web site (www.oztell.com).

5.3 You shall pay all fees and charges, including, but not limited to charges for any products or services offered for sale through the Service, including, but not limited to, OZtell products and services or any third-party merchant or service provider.

5.4 All fees and charges shall be billed to you, or taken out from your prepaid account with OZtell. You shall pay all applicable taxes relating to use of the Service through your account. You may be charged extra fees in the event that your authorized payment method is refused or dishonoured by your nominated financial institution.

5.5 You expressly agree that OZtell shall not for any reason whatsoever be liable to refund the full amount or any part of any credit, prepaid, postpaid, fees, charges and taxes paid by you. OZtell pricings and offer of service to you are based on you spending with us all your payments (prepaid or postpaid), there is no refund of any unused portion - just like when you buy a bottle of milk, you cannot asked for a refund of the portion that you did not finish.

5.6 If you have authorized 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 OZtell.

5.7 Prepaid credits will expire if there is no new payment into your account for more than 2 consecutive years. That is, they will not expire if you make a payment into your account at least once every 2 years.

5.8 You may at any time check the costs incurred by your use of the Service from our website. A paper invoice will only be provided at your request and additional costs.

5.9 If you are overseas (not in Australia) then the price to you is the SAME but it does NOT include the Australian GST. That is, the amount quoted to you and the amount charged to you is the total amount for using our Service. In a way, people in Australia pay 10% (current Australia GST rate) less to OZtell than people overseas pay to OZtell - due to the GST component for the Australian Government. For example, AUD1.10 is paid by both Australians and non-Australians, for Australians AUD0.10 goes to the government as GST and AUD1.00 goes to OZtell but for non-Australians the full AUD1.10 goes to OZtell.

5.10 Monthly services are provided based on calendar months. All monthly fees are charged as a single unit for the whole calendar month. Full monthly fees have to be paid even for partial usage. There is NO pro rata discount for parts of a month, including the first or the last month of the service.

5.11 OZtell provides tools for you to manage your prepaid credit balance. You can access them by logging into https://1cc.oztell.com and then going to your payment area. From there you can access realtime usage and payment records, you can also set up thresholds to either warn you by email or SMS or optionally to top-up your credit when your balance is below certain thresholds.

5.12 If you experience any financial (or other) hardship, please send an email to support@oztell.com to discuss your options. We are happy to help in any way we can, for example, but not limited to waiving fees or donating services.

6. Relief and Indemnity

6.1 You represent, warrant and covenant (a) that no material of any kind submitted through your account will (i) violate, plagiarise, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous, defamatory or otherwise unlawful material.

6.2 You acknowledge and agree that OZtell, KbD and their information providers, licensors and Licensees would suffer irreparable harm, not compensable with money damages if you infringe against the copyrights to the Content, and you irrevocably consent to the grant of injunctive relief to enforce such rights. Such remedy shall be in addition to all other remedies available at law or in equity.

6.3 You hereby agree to indemnify, defend and hold harmless OZtell, KbD, and all of their respective officers, directors, owners, employees, representatives, agents, information providers, affiliates, licensors and Licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, full legal fees on a solicitor and client basis, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of the provisions, representations, warranties and covenants contained in this Agreement. You shall cooperate as fully as reasonably required in the defence of any such claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you and we shall be entitled to be reimbursed by you for the full costs incurred by us in such defence.

7. Disclaimer of Warranties

7.1 THE SERVICE IS AVAILABLE "AS IS." WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, VULNERABILITIES, LOSS OF DATA AND INACCURACIES IN THE SERVICE, INFORMATION PROVIDED BY THE SERVICE OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE.

7.2 WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY, SECURITY, QUALITY, CONTENT OR SERVICES OF OTHER THIRD-PARTY PROVIDERS, ONLINE MERCHANTS OR ADVERTISERS THAT MAY BE LINKED TO OR POSTED WITHIN THE SERVICE.

7.3 WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICE.

7.4 WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, SECURITY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, SOFTWARE, DATA OR OTHER MATERIAL OR DATABASE DISPLAYED, STORED, TRANSMITTED OR DISTRIBUTED IN THE SERVICE OR AVAILABLE THROUGH LINKS IN THE SERVICE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICE.

7.5 ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, HACKS, BUGS, "TROJAN HORSES", VULNERABILITIES OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

7.6 OZTELL SHALL NOT BE RESPONSIBLE FOR THE SECURITY, BACKUP OR STORAGE OF YOUR DATA. IF YOU RELY ON THE SERVICE AND ANY MATERIALS AVAILABLE THROUGH THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.

8. Limitations of Liability

AS AN INDUCEMENT FOR OZTELL TO PROVIDE THE SERVICE TO YOU, YOU SPECIFICALLY AGREE THAT OZTELL, KBD AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS ARE NOT LIABLE FOR LOSSES OR DAMAGES OF ANY KIND WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, AND WHETHER TANGIBLE OR INTANGIBLE IN NATURE INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, IN ANY WAY RELATED TO THE SERVICE OR FOR ANY CLAIM, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN THE SERVICE (INCLUDING WITHOUT LIMITATION AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT) EVEN IF SUCH DAMAGES, CLAIMS, LOSSES OR INJURIES WERE FORESEEN OR FORESEEABLE. TO THE EXTENT THAT ANY LIABILITY IS NOT LEGALLY CAPABLE OF BEING EXCLUDED, ANY CLAIM AGAINST US ARISING OUT OF CONTRACT, TORT OR OTHERWISE SHALL BE STRICTLY LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICE.

9. Access and Availability of Service and Links

9.1 The Service to you shall be subject to any limitations listed on our websites (e.g. in the price lists or other specifications).

9.2 Unless specifically mentioned in writing, OZtell reserves the right to, at its discretion, provide, modify, suspend or terminate the Service (or any part of it) for any duration and in any manner without notice to you and shall not be liable to you for any period of unavailability or limited availability of the Service or any products or services provided by third party merchants or service providers through the Service.

9.3 You are aware that the Service may access material which is unsuitable for children to view, possess or transmit. You undertake to supervise use of the Service by minors.

9.4 You are aware that Australian laws prohibit certain types of material from being viewed, possessed or transmitted via telecommunication systems and you will not do anything in contravention of the applicable laws when using the Service.

9.5 OZtell may suspend the Service to you while investigating any compliant of criminal behaviour and shall monitor or limit your access to the Service as requested by the written direction of a authorised and competent law enforcing official.

9.6 The Service contains links to other related web sites, phone sites and other resources. Since OZtell is not responsible for the availability of these outside resources, or their content, you should direct any concerns regarding any external link to the site administrator of such sites.

10. Registration and Security

10.1 You have to give us certain registration information, all of which must be true, accurate and updated. You must notify OZtell should there be any change in those information.

10.2 As part of the registration process, you can select an Account Number (also called OZnumber) as identification of yourself to OZtell and its systems and networks. There will also be a Personal Identification Number (PIN) associated with that Account Number.

10.3 You must not use the Account Number of another person or organisation at anytime. You must not disclose your PIN to another person at anytime.

10.4 In most cases you can select an alias (a name to represent the Account Number) for your account. You may not select or use an alias that OZtell in its sole discretion, deems offensive or infringes on the rights of others.

10.5 Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account.

10.6 Depending on the way you use the Services you may be given more than one password. The first password you get is your PIN, this is most important and should not be disclosed to anyone (not even OZtell staff). You will not have to reveal your PIN to any staff, representative or agent of OZtell. You can and should change your PIN regularly.

10.7 In rare cases, you might have to disclose your other passwords (not PIN) for operation purposes. In those cases, never disclose those passwords via unsecured means like email or faxes. If OZtell rings you about your other passwords, we will always request you call us back at our official phone numbers. Only disclose your other passwords on the phone when you ring OZtell and not when OZtell rings you.

10.8 You shall be responsible for maintaining the confidentiality of all your PIN and passwords. You are liable for all payments for the Service even if your PIN and passwords have been stolen or lost.

10.9 You shall notify OZtell of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your PIN, passwords or other information (like credit card information).

10.10 If you have any security concerns or discovered any security holes or problems with the Services, you must notify OZtell immediately by all means (including but not limited to sending an email to management@oztell.com). You must not disclose the security issue to anyone unless OZtell failed to respond to you within 7 days of you contacting us.

10.11 You are responsible for all usage or activity on your OZtell account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at OZtell's sole discretion, and OZtell may refer you to appropriate law enforcement agencies.

10.12 To appointment an Advocate or an Authorised Respresentative please contact support@oztell.com to discuss your requirements. Beware that Authorised Representative has the power to act on your behalf as if they are you. While you can communicate with us through an Advocate the Advocate does not have power to act on your behalf.

10.13 OZtell practises "defense in depth" with a multi-layered system. The user layer is an integral part of our security platform. The user is given more security tools than another other public online services in the world. For example, warnings when logins or phone calls were made from unknow IP addresses, private client X509 certificates to complement for the login password, disposible PINs for use on high risk mediums like telephone and internet cafe, java based checking to defeat proxy logins etc. To access these tools please login to https://1cc.oztell.com and go to the relevant areas.

11. Usage of Numbers

11.1 OZtell uses different types of numbers extensively to represent different things within the OZtell systems and networks. There are strict rules govening the usage of those numbers.

11.2 Domain Numbers (also know as Alias, Contact Number, Net2MAX Number) are used for identification purposes. A user does NOT own the Domain Number he or she picked or specified. Domain Numbers belong to OZtell. The user pays OZtell for the process of connecting a Domain Number with relevant online services. The user does NOT pay for the Domain Number itself in anyway. OZtell has the sole right in the use of the Domain Number and can assign the Account Number to anyone or anything it chooses.

11.3 Domain Number is normally assigned on a first come first serve basis, however, perference is given to parties who have been using that same number in other well known situations. For example, their existing phone numbers or other special numbers that have been associated with them for a while. When there is a dispute on the usage of Domain Numbers, OZtell has sole right to transfer Domain Numbers between users on a case by case basis if injustice is deemed to have occured (e.g. cyber-squatting).

11.4 Domain Numbers, as a scarce recource, are recycled (to be used by others) after it has been released or the associated account is terminated.

11.5 OZtell will attempt NOT to re-use an Net2MAX Number within 90 days of the release or account termination, but there is no guarantee that will be the case.

11.6 Phone Numbers (Shared Access Number, Dedicated Access Number etc.) that are requested by, assigned to or used by you are not portable. That is you cannot "take them with you" when your OZtell service is terminated. This is because the user does NOT own the Phone Numbers he or she is assigned, picked or specified. These phone numbers do NOT come with our carriage services, that is they belong to a different web based answering service that is NOT part of our phone card, pre-selection, VoIP services.

11.7 The Phone Numbers that customers use are actually what the telecom industry called Direct In Dial (DID) numbers belonging to OZtell. They are NOT like normal phone numbers they get from a telephone carrier. Just like ex-employees of a company cannot take their personal DID numbers away from the company they worked for, a hotel guest cannot transfer the hotel room DID phone number away from the hotel, a phone card user cannot port the phone number they dial to make calls away from the phone card service provider, OZtell customers cannot take away OZtell DID numbers when they terminate their OZtell service.

11.8 The Phone Numbers belong to OZtell at all times and all calls to those phone numbers will be answered by OZtell and never the user. The Phone Numbers are paid for by OZtell, they terminate at OZtell equipment on OZtell sites. When you give out Phone Numbers, you are giving out OZtell's Phone Numbers for people to call OZtell and NOT to call you.

11.9 OZtell functions as a bureau providing answering service and NOT as a communication carrier providing phone numbers. The phone numbers do NOT provide a carriage service to the customer, they are used to call OZtell only, so OZtell can handle the calls (like a secretarial service). After receiving a call on a certain Phone Number, OZtell may choose to perform any actions it likes (including but not limited to playing a voice message or reading out an email or accessing a database or transferring a call or perform non-voice services like receive a fax). When you give out a Phone Number you must make known to the party receiving the Phone Number that you are using OZtell as a service bureau and it is OZtell's Phone Number and not yours. If you would like to give out your own phone numbers, you can forward calls from your phone numbers (local numbers, mobile numbers, VoIP numbers etc.) to OZtell's phone numbers in order to receive the same answering service.

11.10 The user pays OZtell for the process of connecting an OZtell Phone Number with relevant online services. The user does NOT pay for the Phone Number itself in anyway. OZtell has the sole right in the use of the Phone Number and can assign the Phone Number to anyone or anything it chooses.

11.11 One major difference between Net2MAX Numbers and Phone Numbers is that Phone Numbers are normally regulated by laws of the country and also that they are provided in junction with the local telephone carrier in a certain city. OZtell will attempt to give a minimum of 30 days notice in the event that connections from certain Phone Numbers to any online service will not longer be available, BUT OZtell reserves the right to do so at anytime without notice (due to a number of reasons, from political ones to technical ones).

11.12 The Australian emergency phone number 000 (for medical, fire, police etc.) is supported and will connect you to the Australia 000 call handling centres when dialled. However, since the OZtell system is access through numerous 3rd party devices and networks (from your phone to your ISP) which are all beyond our control, you should ONLY use it when there is no other alternative.

12. Suggestions and Submissions

12.1 OZtell welcomes your comments and suggestions on its web site, products and services, but OZtell does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products and services or any new products and services. By submitting information, you warrant that OZtell may publish such information, use it as part of its operations, and incorporate its concepts in OZtell products and services without liability.

12.2 If you respond to OZtell with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall not be deemed confidential. All such submission shall be deemed the property of OZtell, and your submission of information shall constitute an assignment to OZtell of all-worldwide rights, titles and interest in such information. OZtell will not be liable for any use or disclosure of such information. OZtell will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. OZtell will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services, which incorporate or otherwise rely upon such information.

13. Termination

13.1 If, in OZtell's opinion, you breach any of 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 OZtell from exercising any other rights OZtell may have against you under this Agreement.

13.2 This Agreement may be terminated automatically due to non-payment as noted in clause 13.4 or terminated by either party for any reason at any time by giving at least 30 days notice in writing. You may give notice to terminate your account by sending an email to the Customer Service Department at support@oztell.com. If you do not receive an acknowledgement of receipt of your notice of termination from OZtell within 2 working days, you should contact OZtell by phone as soon as possible. OZtell may give notice by sending email to the email box you have supplied to us. It is your duty to keep the email address you have with us up to data and your duty to check your email box for any such notices frequently (at least once a week).

13.3 You are responsible for deleting any relevant data from the service and for all charges incurred, if any, up to the time of terminaton of your account.

13.4 Your account may be terminated if the account balance has been negative (money owing to OZtell) for more than 30 continuous days or has no payment made into it for more than consecutive 2 years. Any credit remaining in balance expires on account termination. Low balance warning and account termination warning will be sent out to your email address (and mobile phone via SMS - if requested). OZtell send the warnings as a courtesy and does NOT warrant NOR guarantee that the notice will reach the user.

13.5 In some cases, after termination, we might allow you continue access to parts of the service as a courtesy or at your request (e.g. to back up or delete some data), but the commerical relationship and service contract has already ended due to non-payment. The access to the service is provided free of charge on goodwill and may stop at anytime. When you have finished accessing the service, you should delete all relevant data and notify us. Making a payment after termination will start a new contract that does NOT cover this in between period (when you are not a customer of ours).

13.6 OZtell provides a lot of automated tools to the user for the monitoring and automatic topping up of account balances. It is up to the user to make sure that their account balance is positive at all times.

13.7 Any data associated with an terminated account may or may not be deleted. There is no guarantee about the availability, non-availability or integrity of any data associated with your terminated account. OZtell provides very powerful privacy, encryption and backup tools to its users, it is up to you to delete and protect your own data at all times.

13.8 Relevant rights and obligations under the agreement shall survive the termination of the Service or this Agreement.

14. Changes

14.1 OZtell operates in a very dynamic environment and depends on a large number of third-party orgainisations and networks around the world. While OZtell will try to give notice to you on any changes, OZtell reserves the right to adjust prices, make changes or impose limits on the Service (and any related features) or restrict your access to parts or all of the Service without notice or liability.

14.2 OZtell reserves the right to modify the terms of this agreement or any features of the Service at any time. Such modification shall be effective immediately upon posting of the modified agreement or changed feature of the Service on the www.oztell.com web site. In some cases, we may send notifications to you at the email address given by you to us.

14.3 You agree to review this Agreement and information related to the Service on the www.oztell.com website periodically (preferably once a month but at least once a year) to ensure that you are aware of any modifications. Your continue access or use of the Service shall be deemed your conclusive acceptance of the modified agreement or Service.

14.4 It is your duty to keep the email address you have with us up to date and to check that email address for any notice of changes from us (at least once a week). You should also check our forum at http://forum.oztell.com from time to time and subscribe to our rss feed at http://forum.oztell.com/index.php?act=rssout&id=1 if possible.

15. Complaints Handling

15.1 You have a right to complain, and if you do we will deal with your complaint in a fair, efficient, objective manner and through a transparent process. We strive to solve any problems you may have during your first contact with us. Our complaint handling process complies with the requirements of the Telecommunications Consumer Protections Code C628:2012 (TCP Code).

15.2 We will not charge you for dealing with your complaint in most instances, and we will never charge you without telling you first. We may charge you to recover our costs in very specific circumstances only, i.e. we may charge you where you request information that was collected more than two years ago or where you request information that is not free of charge as per our Standard Form Customer Contract or our Critical Information Summary. If cost recovery charges apply, we will tell you before charging you (and you may of course choose not to pay and discontinue your complaint) and we will inform you about your options for external dispute resolution, e.g. the Telecommunications Industry Ombudsman (TIO).

15.3 If you wish to complain, please contact us at email address complaints@oztell.com or call us on 1300130118 between 8am to 5pm Monday to Friday (except public holidays). Since this is a toll-free number, if you are calling us from a landline, your call is normally billed at a flat rate by the phone provider through which you used to call us with. Note that calling us from a mobile may be more expensive.

15.4 We will help you formulating, lodging and progressing your complaint if you request this. Of course you can appoint an authorised representative or advocate to make a complaint on your behalf. For help with how to appoint an authorised representative, please download the Authorised Representative Form.

15.5 We will acknowledge your complaint immediately if you talked to us over the phone, and within 2 working days if you have lodged your complaint through any other channel including where you left a message on our answering machine (e.g. outside our office hours). When we acknowledge your complaint we will give you a unique reference number to enable you to easily follow up on your complaint. We will also give you an indicative timeframe for resolving your complaint. You can follow up on your complaint by sending emails to complaints@oztell.com or calling us on 1300130118, quoting the given reference number.

15.6 Our goal is to always fix your problem during your first contact with us. Sometimes this is not possible and we need to investigate the matter. We will then agree with you on how to fix your problem (this may include waiving of fees or other commercial solutions) and advise you accordingly within 15 working days of receiving your complaint. We will advise you in writing if you request this. Occasionally it may take longer than 15 working days to investigate your problem and in this case we will explain why and give you a new expected timeframe. If the delay is more than 10 working days (and is not the result of a Mass Service Disruption) we will also inform you about your options for external dispute resolution such as the TIO.

15.7 Once we agreed on how to fix your problem, we will implement all actions required to fix the issue within 10 working days, unless you agreed otherwise or unless you have not done something that we needed you to do and we cannot proceed because of this.

15.8 Your complaint will be treated as urgent if you have applied for being in financial hardship and the issue you are complaining about directly contributes to the financial hardship you are experiencing, or if your service has been disconnected or is about to be disconnected and due process has not been followed, or if you are receiving priority assistance (e.g. because of a severe medical condition) for the service you are complaining about. In this case we will agree with you on how to address the issue and implement all required actions to fix the issue within 2 working days. If there is a delay, we will explain why, provide you with a new expected timeframe, and if it is a longer delay also inform you about your options for external dispute resolution such as the TIO.

15.9 If you receive no satisfaction through complaints@oztell.com, you can request escalation by sending an email to management@oztell.com with the tracking number you got from complaints@oztell.com. The duty manager will assign an escalation enginner (different to the one previously involved with you at complaints@oztell.com) to your case. The duty manager will reply to you after receiving the initial report from the escualtion engineer.

15.10 If our escalation process cannot resolve your complaint to your satisfaction, you can contact the Telecommunications Industry Ombudsman (TIO) at
Phone: 1800062058
Fax: 1800630614
Online: http://www.tio.com.au/making-a-complaint
The services of the TIO are free of charge.

15.11 We will never cancel your service only because you have contacted an external dispute resolution scheme.

16. General Matters

16.1 You represent that you have read and agree to be bound by this Agreement and our Privacy Policy.

16.2 This Agreement is governed by the law in force in the State of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them for determining any dispute concerning this agreement.

16.3 You are under the full protection of Australian Telecommunications and Consumer laws. This Agreement does not override those.

16.4 If any part of this Agreement is invalid or unenforceable, it will be struck out and the remaining parts will remain in force.

16.5 If we do not act in relation to a breach by you of any of the provisions of this Agreement, this does not waive our right to act in the future nor does it waive our right to act with respect to subsequent or similar breaches.

16.6 This Agreement constitutes the full understanding between the parties regarding the provision of the Service and supersedes all previous representations, statements or agreements.

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