Terms of Service

These Terms and Conditions ("Agreement") set forth the general terms and conditions of your use of the arcvoip.com.au website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and ARC HOST PTY LTD trading as ARC VoIP (ABN 11 664 411 689) ("Operator", "we", "us" or "our").

By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services.

You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age.

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services.

Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services.

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends.

If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

Late Payment: Unpaid bills will incur interest at a rate of 1.5% per month or such other reasonable late fee, plus reasonable collection expenses. Accounts that are more than 60 days overdue may be referred to an external debt collection agency.

Billing Disputes: Our billing records are presumed to be correct unless you prove otherwise. Disputed portions must still be paid on time. Disputes cannot be raised beyond 12 months after bill issuance.

We guarantee a service uptime of 99.9% of available time per month for our hosted services. If we fail to meet this guarantee, you may be eligible for service credits.

Exclusions: The uptime guarantee does not apply to:

• Scheduled maintenance (with reasonable notice provided)
• Outages caused by your actions or equipment
• Internet connectivity issues beyond our network
• Force majeure events
• Third-party service provider issues

We perform regular backups of the Website and its content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We are not responsible for inaccuracy of data or data loss.

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content:

• For any unlawful purpose or to solicit others to perform unlawful acts
• To violate any international, federal, state, or local regulations, rules, or laws
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code
• To spam, phish, or engage in any similar activity
• For any obscene or immoral purpose
• To make nuisance calls, spam calls, or engage in call fraud
• To interfere with the security features of the Website and Services

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

When we allocate telephone numbers to you, you do not acquire any ownership rights in those numbers. Unless the law requires otherwise, you cannot retain telephone numbers allocated to you after the service contract has terminated.

Number Porting: You may request to port your existing numbers to our service, subject to availability and technical feasibility. Standard industry porting processes apply. You remain liable for charges from your previous provider until the port is complete.

If you are transferring from another telecommunications provider to our Service, you must verify any restrictions under your current contract. Where industry churn processes apply, you authorise us to manage the transfer on your behalf.

You remain liable for any charges from your previous provider until the transfer is complete.

Where equipment is provided as part of the Service, we or our partners retain title to that equipment during any applicable security period. You assume risk for the equipment upon delivery and are responsible for any damage or loss.

You are responsible for ensuring any equipment you provide is compatible with our Services and complies with all applicable standards and regulations.

Unless otherwise stated, all prices are inclusive of GST. GST calculations are in accordance with Australian tax law.

This Agreement does not transfer to you any intellectual property owned by us or third parties, and all rights, titles, and interests in and to such property will remain solely with us. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of ARC VoIP or its licensors.

You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free. We also make no warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service.

To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability.

Our aggregate liability is limited to the greater of one hundred dollars ($100) or the amounts paid by you to us during the one month period prior to the event giving rise to the liability.

You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable legal fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any wilful misconduct on your part.

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this Agreement.

Grounds for suspension or termination include:

• Non-payment of fees
• Material breach of this Agreement
• Insolvency or bankruptcy
• Suspected fraud or illegal activity
• Network maintenance requirements
• Technical infeasibility
• Legal compliance requirements
• Emergency situations affecting network integrity

Upon termination, your right to use the Service will cease immediately. Reconnection charges may apply.

You must deal courteously with our staff at all times. Serious or repeated rudeness, harassment, threatening behaviour, or misleading conduct towards our staff constitutes a material breach of this Agreement.

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the laws of Victoria, Australia. The exclusive jurisdiction for resolving disputes shall be the courts of Victoria, Australia.

For telecommunications-related disputes, you may also contact the Telecommunications Industry Ombudsman (TIO) at 1800 062 058 or www.tio.com.au.

Our "unlimited" call plans are subject to fair use. Services must be used for normal business communications and not for:

• Call centre operations (unless on an appropriate plan)
• Auto-dialling or predictive dialling
• Telemarketing or mass calling
• Reselling or sharing with third parties
• Abnormal calling patterns that exceed reasonable business use

We reserve the right to limit or terminate services that violate fair use guidelines.

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to access or use the Website and Services.