Terms and Agreements

1. Definitions

1.1. UTBox 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 UTBox, 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. UTBox accepts no responsibility for any content sent to any person using the Service.

2.3. In providing the service UTBox may link one or more telephone numbers to your account. Any telephone numbers linked to your account remain the property of UTBox.

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;

(d) disrupt any person’s use of their computer system or other device; or

(e) engage in any activity which exposes UTBox 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 UTBox may, at its sole discretion, adjust certain aspects of the Service. Although UTBox 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 UTBox for notification of changes to pricing, these Terms, and other aspects of the Service. UTBox 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. UTBox may assign its rights and obligations under these Terms to any related legal entity of UTBox.

3. Pricing and Payment

3.1. UTBox reserves the right to change its pricing schedule at any time, by giving you at least 24 hours 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.

3.4. Stored payment methods and automatic payments

3.4.1. In this section:

(a) “Payment Method” means a credit card, debit card or other payment method you store against your account for use in future payments;

(b) “Payment Processor” means our payment gateways and their related bodies corporate;

(d) “automatic top-up” means the option on your account under which UTBox charges a stored Payment Method to add credit to a prepaid account balance; and

(e) “automatic payment” means a payment UTBox initiates from a stored Payment Method at a time when you are not present and not logged in to the Service.

3.4.2. You may choose to store a Payment Method against your account so that it can be used for future payments. Storing a Payment Method is optional. You may use the Service without storing a Payment Method by paying each amount as it falls due.

3.4.3. When you add a Payment Method, you may be required to complete an additional authentication step with your card issuer, such as 3-D Secure. UTBox may also require this authentication for an individual payment where your card issuer, a card scheme or suitable Laws require it. UTBox may decline to store or to use a Payment Method that cannot be authenticated.

3.4.4. By storing a Payment Method, you authorise UTBox to initiate a payment, or a series of payments, from that Payment Method on your behalf, for the following transactions only:

(a) subscription or plan fees for the Service, charged for each billing period;

(b) automatic top-ups, where you have enabled automatic top-up and your account balance falls below the threshold you have set;

(d) an amount that remains unpaid after it falls due, including a re-attempt of a failed payment; and

(e) amounts for the Service supplied to you up to the date your account is suspended or terminated.

UTBox will not use a stored Payment Method for any other purpose.

Because top-ups and usage charges depend on your use of the Service, the number of automatic payments in a given period is not fixed.

3.4.5. The amount of an automatic payment is calculated using the pricing schedule published on the web site and portal applying to your account at the time the charge is made (see clause 3.1).

3.4.6. You may remove a stored Payment Method, or turn off automatic top-up, at any time in your account or by contacting UTBox. Removing a stored Payment Method does not of itself cancel a subscription.

3.4.7. You may cancel a subscription at any time in your account or by contacting UTBox. Cancellation may not take effect immediately and no pro-rata refund may be given for any unexpired part of the current billing period, except where clause 3.2.3 or suitable Laws require otherwise.

3.4.8. You warrant that you are the holder of any Payment Method you store, or that you are authorised by the holder to store and use it, and you agree to keep its details current. UTBox may suspend or terminate the Service under clause 6 where an automatic payment fails and the amount remains unpaid.

3.4.9. Your authority under clause 3.4.4 continues until you remove the Payment Method, cancel the relevant subscription or automatic top-up, or your account is terminated, whichever occurs first. After that time your authority continues only in respect of an amount that was already payable, and any payment already submitted for processing, at that time.

4. Changes to these Terms

4.1. UTBox 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. UTBox accepts no responsibility for any content sent to any person using the Service.

(b) UTBox 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 UTBox 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, UTBox 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 excluded, restricted or modified by agreements. UTBox’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 UTBox against any costs, expenses, loss or liability directly or indirectly suffered or incurred by UTBox (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. UTBox may suspend or terminate the Service immediately at any time without liability to you if UTBox 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;

(d) there are reasonable grounds for UTBox to suspect any of the above.

6.3. UTBox 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.

7.1. UTBox collects and uses Personal information about you primarily to supply you with the Service. UTBox also collects and uses Personal Information for related (or secondary) purposes including:

(a) billing and account management;

(b) business planning and product development;

(d) verifying your identity, processing payments, and detecting and preventing fraud and misuse of the Service.

7.2. If you do not provide all the Personal Information UTBox requests from you, UTBox may be unable to supply the Service to you, or UTBox may be restricted in the way it supplies the Service to you.

7.3. UTBox may disclose Personal Information about you (for the purposes set out in clause 7.1) to:

(a) UTBox’s agents, dealers, contractors and franchisees;

(b) UTBox’s suppliers who need access to the Personal Information to provide UTBox with services, enabling UTBox to supply you with the Service;

(d) UTBox’s Payment Processors, and other providers of payment, fraud prevention and credit services.

7.4. You may request access to Personal Information UTBox holds about you, and UTBox 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, UTBox 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 UTBox 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 UTBox 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 UTBox, you have committed a serious credit infringement; and

(h) when UTBox ceases to provide products or services to you.

7.6. You authorise UTBox to disclose the information described in clause 7.5 to a credit reporting agency. You also authorise UTBox 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 UTBox’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 UTBox 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 UTBox service and your phone as a sole trader). You authorise UTBox 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. UTBox 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 UTBox holds about you.