Terms and Condition of Sale

Terms and Condition of Sale

CloudoIP Pty Ltd (ABN: 82 159 493 259) provides Telecommunication Service to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of CloudoIP Pty Ltd are subject to the following Terms of Service:

1. Indemnification Policy

You agree to use all CloudoIP Pty Ltd services and facilities at your own risk. CloudoIP Pty Ltd specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall CloudoIP Pty Ltd be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold CloudoIP Pty Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against CloudoIP Pty Ltd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless CloudoIP Pty Ltd against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with CloudoIP Pty Ltd’s server.

CloudoIP Pty Ltd reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from CloudoIP Pty Ltd’s server. CloudoIP Pty Ltd shall be the sole judge of what violates this Policy.

2. Billing

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. Our Billing Cycle runs on the 1st day of every month. You will be billed for the previous Months usage, and the current months Service and Equipment Charges. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund for the Service & Equipment charges. All Call Usage Charges and Fixed Access charges will not be refunded. Fixed Access charges are subject to Early Termination Fees

We accept Visa, Master Card. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Their are contract periods but for each successive period, and your contract is automatically renewed unless we are notified otherwise.

3. Late Payments

All accounts are billed according to the dates they were first activated on for the first month Prorate. All invoices are subject to 14 Days Payment Terms. If you do not pay for the service by the 14th day, you will receive an overdue notice. At 30 days after the due date, you will receive a second overdue notice, and a Late Payment fee will Apply. At 45 days after the due date, your account will be may be suspended at our discretion.

4. Acceptable Use Policy

All services provided by CloudoIP Pty Ltd may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless CloudoIP Pty Ltd and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all CloudoIP Pty Ltd servers. This includes sites that include sexually explicit or hardcore images and/or advertising.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

4. Fair Use Policy

Our Fair Use Policy is intended to ensure that our customers do not use our services or Bundled offers in an excessive, unreasonable or fraudulent manner or in connection with equipment that has not been approved by us. Such usage may impact the reliable operation of our network and/or the quality or reliability of our services. Generally, legitimate use of our services for their intended retail purposes for which they are supplied to you will not breach our FairP Use Policy.

The services and Fair Use Policy offers we make available under this section of Our Customer Terms are intended for retail customers to use for their own personal and business usage. We make available wholesale services under other sections of Our Customer Terms. Such wholesale services are made available pursuant to terms and conditions (including prices) which are intended to provide both us and our customers a fair commercial return. Customers who use our services in their capacity as carriers or carriage service providers (or as suppliers of carriers or carriage service providers) must acquire services for such purposes under wholesale terms and conditions.

We consider that using more than 1500 minutes each month on any voice service is excessive use of our Fair Use Policy.

If we reasonably believe that you are in breach of this Fair Use Policy, we can:

(a) cancel or limit your right to use a Fair Use Policy offer without telling you before we do so;


(b) suspend or cancel your mobile services which have been used in connection with the Fair Use Policy offers by telling you in writing 30 days before we do so./p>

6. Banned Scripts

The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

  • AutoDiallers
  • Cron Script Diallers
  • IRC egg drops
  • Proxy servers
  • Mail bombers
  • Anonymous mailers
  • IP spoofers
  • Port scanners
  • Hivemail
  • Telnet or SSH Access Scripts
  • nph-proxy (and other scripts what operates like proxy)
  • UBB (Ultimate Bulletin Board, all versions)
  • lstmrge.cgi
  • phpShell
  • FormMail.cgi, FormMail.pl from Matt’s Script Archive are not allowed.

7. Limitation of Liability

CloudoIP Pty Ltd shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from CloudoIP Pty Ltd servers going off-line or being unavailable for any reason whatsoever. Furthermore, CloudoIP Pty Ltd shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of CloudoIP Pty Ltd servers. All damages shall be limited to the immediate termination of service.

CloudoIP Pty Ltd, shall not be liable for any hacking of the customers accounts, and any usage incurred on the customers account. The customer is liable for their own security and activity of their services.

8. Disclaimer

CloudoIP Pty Ltd cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by CloudoIP Pty Ltd are resold. Thus, certain equipment, routing, software, and programming used by CloudoIP Pty Ltd are not directly owned or written by CloudoIP Pty Ltd. Moreover, CloudoIP Pty Ltd holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as CloudoIP Pty Ltd sees fit. FURTHERMORE, CloudoIP Pty Ltd retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

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