Terms and Conditions
1.1. H5Controls Pty Ltd provides internet-based unified communication services (“Service”). You, by using the Service, agree to, and are bound by, these Terms and Conditions and any pricing schedules on the web site (“Terms”).
1.2. These Terms constitute the full agreement between you and H5Controls Pty Ltd, and supercede any previous agreements.
2. Use of the service
2.1. You use the Service via an account, which you can access via the username and password given to you. Using the web site and your username and password, you specify which email address(es) you can be identified by when you use the Service via email.
2.2. You are responsible for any content you transmit using the Service. H5Controls Pty Ltd accepts no responsibility for any content sent to any person using the Service.
2.3. In providing the service H5Controls Pty Ltd may link one or more telephone numbers to your account. Any telephone numbers linked to your account remain the property of H5 Controls Pty Ltd. 2.4. You must not, in using the service:
(a) break any laws or infringe the legal rights of any person;
(b) abuse or disrupt the Service;
(c) defame, harass or abuse any person;
(d) disrupt any person’s use of their computer system or other device; or
(e) engage in any activity which exposes H5 Controls Pty Ltd to any liability.
2.5. Is it your sole responsibility to keep your account login and password secure. You are responsible for any use or abuse of the Service via your account.
2.6. You must not re-sell the Service.
2.7. You acknowledge that H5 Controls Pty Ltd may, at its sole discretion, adjust certain aspects of the Service. Although H5 Controls Pty Ltd will make its best effort to notify customers in advance of any changes to the Service, it is not required to do so.
2.8. You acknowledge that your email address is used by H5 Controls Pty Ltd for notification of changes to pricing, these Terms, and other aspects of the Service. H5 Controls Pty Ltd is not responsible if, at any time, you are not contactable via this email address.
2.9. You may not assign your rights and obligations under these Terms to any other person.
2.10. A party does not waive its rights under these Terms unless the waiver is in writing and signed by the party against whom the waiver is claimed.
2.11. Any provision of these Terms which is void, voidable or unenforceable may be severed from the Terms and the remainder of the Terms will continue unaffected.
2.12. These Terms are governed by the laws of the State of New South Wales and each party submits to the non-exclusive jurisdiction of the Courts of that State.
2.13. H5Controls Pty Ltd may assign its rights and obligations under these Terms to any related legal entity of H5Controls Pty Ltd.
3. Pricing and Payment
3.1. H5Controls Pty Ltd reserves the right to change its pricing schedule at any time, by giving you at least 30 days notice of the change.
3.2. Prepaid accounts
3.2.1. For prepaid accounts we require payment in advance before you may use the Service. When we receive payment, you may use the Service for the term stated in the appropriate pricing schedule, after which we will suspend your account and notify you.
3.2.2. The term during which you may use the Service can be extended by making multiple accumulative payments, but will not exceed 2 years.
3.2.3. Any amounts paid to us by you are refundable only at our sole discretion, or where suitable Laws require us to refund you.
3.3. Invoice accounts
3.3.1. Payment of an invoiced amount is required at most 30 days after the invoice date. If you fail to pay within 30 days of the invoice date, we may suspend or terminate your account without prior notice.
4. Changes to these Terms
4.1. H5Controls Pty Ltd may amend these Terms at any time, by giving reasonable notice by email. Any changed to these Terms will be available for viewing on our web site. If you do not agree to the amended Terms, you may request to have your account closed.
5. Disclaimers and liability
5.1. You acknowledge that:
(a) You are responsible for any content you transmit using the Service. H5 Controls Pty Ltd accepts no responsibility for any content sent to any person using the Service.
(b) H5Controls Pty Ltd is not responsible for any damage suffered by any person, directly or indirectly, through your use of the Service. You agree not to make any claim against H5 Controls Pty Ltd for any damages resulting directly or indirectly from use of the Service.
(c) While we make our best effort to provide a reliable and stable Service, H5Controls Pty Ltd do not make any warranty or representation regarding the performance of the Service.
(d) The Trade Practices Act 1974 (Cth) and other legislation may imply certain conditions and warranties which may not by exluded, restricted or modified by agreements. H5Controls Pty Ltd’s liability under such legislation is, where permitted, limited to re-supplying the Service or refunding the costs of having the Service re-supplied.
5.2. You indemnify H5Controls Pty Ltd against any costs, expenses, loss or liability directly or indirectly sufferred or incurred by H5 Controls Pty Ltd (including as a result of a claim by a third party) resulting from:
(a) any breach of these Terms by you; or
(b) the use or misuse of the Service by you or any person using the Service
6. Suspension and Termination
6.1. You may request to have your account terminated at any time.
6.2. H5Controls Pty Ltd may suspend or terminate the Service immediately at any time without liability to you if H5Controls Pty Ltd has sufficient reason to do so, including but not limited to:
(a) if you breach these Terms;
(b) you or any person using your account misuses the Service;
(c) incorrect information given to H5Controls Pty Ltd by you;
(d) there are reasonable grounds for H5Controls Pty Ltd to suspect any of the above.
6.3. H5Controls Pty Ltd reserves the right suspend or terminate your account for any reason on notice to you. Any amounts paid by you in advance are forfeit upon termination of your account. Any amount payable by you remain payable on termination of your account.
7. Privacy Consent
7.1. H5Controls Pty Ltd collects and uses Personal information about you primarily to supply you with the Service. H5Controls Pty Ltd also collects and uses Personal Information for related (or secondary) purposes including:
a. billing and account management;
b. business planning and product development; and
c. to provide you with information about promotions, as well as the products and services of H5 Controls Pty Ltd.
7.2. If you do not provide all the Personal Information H5Controls Pty Ltd requests from you, H5 Controls Pty Ltd may be unable to supply the Service to you, or H5Controls Pty Ltd may be restricted in the way it supplies the Service to you.
7.3. H5Controls Pty Ltd may disclose Personal Information about you (for the purposes set out in clause 7.1) to:
b. H5Controls Pty Ltd’s agents, dealers, contractors and franchisees;
c. H5Controls Pty Ltd’s suppliers who need access to the Personal Information to provide H5 Controls Pty Ltd with services, enabling H5Controls Pty Ltd to supply you with the Service; and
d. joint venture partners of H5Controls Pty Ltd.
7.4. You may request access to Personal Information H5Controls Pty Ltd holds about you, and H5 Controls Pty Ltd will grant you access unless it is required or permitted to refuse such a request. You may also request that information about you be corrected if you think that it is not accurate.
7.5. For the purpose of processing your application and ongoing credit management of your account, H5 Controls Pty Ltd may need to disclose to a credit reporting agency:
a. personal identifying details, including your name, current and previous addresses, driver’s license number, date of birth and employer;
b. the fact you have applied for a H5Controls Pty Ltd service, and any credit limit on your account;
c. the amount of payments which are overdue for at least sixty (60) days, when steps have been taken by H5Controls Pty Ltd to recover those overdue payments;
d. where an overdue payment has been previously reported, advice that the payment is no longer overdue;
e. cheques or credit card payments that have been dishonored;
f. court judgements or bankruptcy orders made against you;
g. whether, in the opinion of H5Controls Pty Ltd, you have committed a serious credit infringement; and
h. when H5Controls Pty Ltd ceases to provide products or services to you.
7.6. You authorise H5Controls Pty Ltd to disclose the information described in clause 7.5 to a credit reporting agency. You also authorise H5 Controls Pty Ltd to seek from or give to any credit providers authorised by you or named in a credit report or to other telecommunications providers (carriers or carriage service providers), and H5 Controls Pty Ltd’s franchisees, agents, contractors and outlets, the same information and any other information collected for Service activation and any other information on your credit worthiness, credit history or credit capacity that credit providers are allowed to give under the Privacy Act.
7.7. You authorise H5Controls Pty Ltd to obtain and use personal credit information (e.g. your existing household loans and personal credit card history) for the purpose of considering an application by you for commercial credit; (to use the H5Controls Pty Ltd service and your phone as a sole trader). You authorise H5 Controls Pty Ltd to obtain and use commercial information about your commercial credit worthiness or commercial history (your existing credit record as a sole trader) when considering an application for consumer credit, for example where the Service will be used for domestic purposes.
7.8. H5Controls Pty Ltd may refuse or cancel the supply the Service on the basis of its credit assessment of you. You are entitled to see, and to correct, any credit information which H5Controls Pty Ltd holds about you.