These terms and conditions apply to the Shut Up VoIP service (the "Service"). Please read this agreement (the "Agreement") before using the service in whole or in part. In this agreement, "We" or "Us" relates to Shut Up or their agents and "You" or "Customer" relates to the person, person(s) or organisation receiving the Service. Also, you acknowledge that these terms and conditions may vary from time to time. Notification may be provided in this case, unless variations were made due to a change in law or regulation.
Loss of Service
1. 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.
2. 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 Shut Up) 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 Shut Up 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 has been rectified. 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 Shut Up suspend or terminate your Service, the Service will not function until such time as Shut Up 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).
3. You acknowledge and understand that service outages or suspension or termination of service
by your broadband provider and/or ISP or by Shut Up will prevent ALL Service including 000 dialling. You must not use the service for dialing 000 calls. Whilst the service may allow the calls to be made, it is a term of this agreement that the service is not used for emergency purposes.
4. 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. This service is supplied as a supplemental telephone service only.
Laws
5. 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, Shut Up will not be held liable for any charges incurred by these proceedings.
6. These terms and conditions are governed by the laws and regulations of the state of Queensland.
Service Term
7. Your term begins when you are first connected to Shut Up and continues for the period of time until you disconnect. Should your details change at any time, you must notify us immediately. If you want to discontinue your connection, notice is required either via the online facilities, or where directed by Shut Up. The Service may be disconnected on receipt of your notification. Shut Up 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.
Service Termination
8. Termination of service on accounts under contract will be charged the monthly fee for the remainder of the contract period. E.g. If you have 8 months left on your 12 month contract on a $10 per month package you will be required to pay $10 x 8 which would be $800.
Copyright
9. 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 Shut Up, 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 Shut Up service may not be resold or otherwise re-supplied by any account holder to any other person or entity without Shut Up prior written consent.
Fees, Charges and Billing
10. Fees and charges applicable to your service will commence from the date of connection to Shut Up. We will attempt to email an invoice to you monthly, and where you may have a postpaid service or balance owing, you must pay these fees and charges by the invoice due date, or next business day. All fees and charges will be billed to either the current account balance (where credit is available), and/or 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, Shut Up may charge a late fee. Charges for archive or hardcopy invoices may apply. Shut Up 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.
11. If you have authorized payments by credit card, debit authority or other similar methods, then payments shall be drawn with your authority when due without further notice to you unless you terminate the payment method by 14 days written notice to Shut Up. Disconnection to the Service will occur in the event that your authorized payment method is refused or dishonoured by your nominated financial institution, or where you have a prepaid service which has a zero or negative balance.
12. Shut Up's records are prima face evidence of the Customers use of the service and the charges payable. Shut Up allows customers to connect to the service using their own device. Shut Up 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 authentication details supplied to the Customer are deemed to be authorized by the Customer and the Customer will pay all charges accordingly. International, national and mobile timed calls are charged in increments as dictated by the plan currently applied to the account.
Voicemail
13. Shut Up may provide a voicemail service for a customer. There is no charge for this service however a local call charge may apply for voicemail retrieval from outside the Shut Up VoIP system if external voicemail retrieval is offered as a current service.
Username and Password
14. All Customers are assigned a unique Shut Up Username and password. The customer should keep confidential all passwords the customer is given in connection with the service. The customer acknowledges that Shut Up will disclose any information in connection with the customer’s accounts to any person who correctly quotes the customer’s password.
Service numbers
15. Shut Up numbers are used for identification purposes. A user does NOT own the Shut Up number he or she picked or specified. The user pays Shut Up for the process of connecting a Shut Up number with relevant online services. The user does NOT pay for the number itself in anyway. Shut Up has the sole right in the use of the number and can assign the number to anyone or anything it chooses. Shut Up numbers are normally assigned to customers on a first come first serve basis, however, preference is given to some parties at Shut Up's discretion.
16. Local Phone Numbers used by you are not portable. That is you cannot "take them with you"
when your Service is terminated. This is because the user does NOT own the Local Phone Number he or she picked or specified, Shut Up owns it . The Local Phone Numbers that customers use are actually what the telecom industry call Direct In Dial (DID) numbers. DID's are not portable between carriers in the same way a "normal" phone number would be. Upon termination of the service, Local Phone Numbers are not able to be transferred to another supplier, and may be assigned to another user or service. When you give out Local Phone Numbers, you are giving out Local Phone Numbers for people to call the Shut Up network and NOT to call you. At their discretion, Shut Up may choose to link a Local Phone Number to a Shut Up number. This link is internal to the Shut Up network.
Information Disclosure
Where applicable, Shut Up may need to disclose details provided by you to third parties to supply a requested service, for purposes of debt collection, or for reasons deemed appropriate by Shut Up from time to time. Where applicable we will adhere to our strict internal privacy policy and endeavour to inform you of said disclosures but we may disclose this information without any prior notice to you.
Acceptable Use
17. We have the right to suspend or discontinue service generally, or to disconnect your service, at any time. In addition we reserve the right to immediately disconnect your service at any time without notice.
Disconnection of your service may occur in the following circumstances.
a - Unlawful or inappropriate use: If we determine that you have used our service or the provided device for an unlawful or inappropriate purpose. If we determine that the use or content does not conform to the requirements in this agreement or that it interferes with our ability to provide service to you or others.
b - Non-Payment: If any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method, or in case of any other non-payment of account charges.
c - Violation of laws of jurisdictions - If we determine that you have used our service or your device in violation of laws of jurisdictions outside of our service areas.
d - Inconsistent Usage - If we determine that your use of the service, features, or the device is, or at any time was inconsistent with the normal inbound or outbound usage patterns for the type of service or plan that you have purchased.
Our action or inaction under this section does not constitute any review or approval of your action or use or content.
Breach
18. If, in Shut Up'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 Shut Up from exercising any other rights Shut Up may have against you under this Agreement.
19. These terms plus the terms of the chosen Service(s) constitute the entire Agreement between
the Customer and Shut Up 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.
Disclaimer of Warranties
20. 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, loss of data and inaccuracies in the service, information provided by the service or other materials available through the service.
Limitations of Liability
21. Shut Up 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 ant 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.