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1. Fair Use Policy

The purpose of our Fair Use Policy is to ensure that all our customers

  • can access our services; and
  • do not use our services in a manner that we consider ‘unreasonable’ or ‘unacceptable’.

In addition, the Fair Use Policy sets out your responsibilities when you use our service.  It also confirms steps we may take to ensure and monitor compliance with this policy as well as setting out our responsibilities to comply with directions from regulatory and other law enforcement bodies.

It also explains how we provide certain services to you, as well as what steps we take to manage our network in times of congestion.

The Fair Use Policy applies to all our services.

2. General

As a business customer, including a small to medium business customer, our services are for your use in the ordinary course of business.

You may not use the service in a manner which is ‘unreasonable’ or ‘unacceptable’.

3. Unreasonable use

We consider your use of the service unreasonable if you use it in a manner which is other than it was intended for.

Here are some examples of uses which we consider ‘unreasonable’.  This is not intended to be an exhaustive list:

  • as a business customer, including a small to medium business customer, using the service in way which could not be reasonably regarded as ordinary business use.
  • using the service for fraudulent purposes.
  • abnormal or excessive use of back to base services.
  • using the service in connection with a device that switches or re-routes calls to or from our network to another carrier’s network.
  • wholesaling any service or using the service in connection with any device that switches or reroutes calls potentially keeping a line open for hours.
  • using the service to wholesale supply of any service (including transit, refile or aggregate domestic or international traffic) on our network.
  • Calling 13xx or 18xx numbers to make indirect calls through other providers (eg. through a calling card).
  • using the service for the purposes of arbitrage.
  • using the service in connection with a device that automatically dials numbers either from a list or are generated randomly.
  • using the service to make or receive calls on our network for the purposes of resale, resupply or commercial exploitation; or
  • using the service for continuously call forwarding or multiple simultaneous calling.
  • using the service for anything which isn’t standard person to person communication.

4. Unacceptable use

You may not use our services in any manner which improperly interferes with another person’s use of our services or for illegal or unlawful purposes.  You may not use any equipment or devices on our network which have not been approved by us.  We consider the use of our services or unauthorised equipment in this way to be unacceptable.

Here are some examples of uses which we consider ‘unacceptable’.  This is not intended to be an exhaustive list:

  • if you provide us with false user information to use the service.
  • using any equipment or device on our network which has not been authorised by us.
  • using the service to make unsolicited or unwanted commercial calls to individuals or businesses.
  • using the service to gain improper access to another person’s private or personal information.
  • using the service to distribute or make available indecent, obscene, offensive, pornographic, illegal or confidential material.
  • using the service to defame, harass or abuse anyone or violate their privacy.
  • contravening any applicable laws when you use the service.
  • using the service to communicate with emergency service organisations where an emergency situation does not exist.
  • using the service to distribute or make available material that is misleading or deceptive as to your identity.
  • infringing any person’s intellectual property rights, including copyright, when you use the service.
  • using the service in a way which interferes or disrupts the service, any computer system access through it or any other person’s use of it.

5. Monitoring Compliance

We are under no obligation to monitor your calling. However, we may from time-to-time monitor transmissions to protect our network, our other customers and the general public as well as to ensure you are complying with the terms of this policy. We may need to disclose any findings as required to regulatory authorities.

We take active steps to minimise the amount of unreasonable use of our network, which may include:

  • Restricting your ability to make and receive calls.
  • Limiting your access to the service.
  • Requiring you to rectify any misconfigured mail and/or proxy servers.

We may provide your username, IP address or identifying material to law enforcement authorities when required to do so.

6. Breach of the Fair Use Policy

If you breach any part of this Fair Use Policy we will, generally speaking, contact you and, if appropriate, ask you to modify your use of the service.  If you do not modify your use of the service we may suspend or cancel your service without notice to you.

However, in certain circumstances such as illegality, or non-ordinary use, we reserve the right to suspend or cancel your service immediately and without notice to you.

Upon cancellation of an account, we are authorised to delete any files, data or information associated with the account.