1. General Terms and Conditions

These are the general terms and conditions upon which Unifier2 bases its services to its customers. These General Terms and Conditions form part of the Standard Agreement between Unifier2 and a customer.

2. Provision of Service

Unifier2 agrees to provide Services to the customer based upon these General Terms and Conditions, together with any specific terms and conditions set out in the relevant Service Description and any other relevant information that forms part of the Standard Agreement.
The customer acknowledges that Unifier2 provides the Services through a combination of its facilities and by the ultilisation of other suppliers of networks and telecommunications services. The customer has also relied upon its own judgment to evaluate the suitability of the Services for the purpose for which it is required
In keeping with Unifier2’s policy of product review, and to provide customers with the most up to date services there may be changes from time to time. Unifier2 reserves the right to change the services at any time, without prior notice.

3. Variation of Service

A variation to the Services must be requested in writing by the customer but Unifier2 is under no obligation to vary the Services until such a request has been submitted and Unifier2 has accepted and agreed. Unifier2 will charge for such variations at the rates notified at the time of the change. Unifier2 may also amend the Minimum Term, which applies to the varied Service.

4. Service Level

Unifier2 at all times endeavours to provide customers with a high level of service, however Unifier2 cannot guarantee that Unifier2’s services and that of our service providers will be continuous or fault free.
Subject to the conditions set out below, if Unifier2 fails to deliver its services to the agreed Service Level for any given month the customer will be entitled to rebates that are set out in the Service Level Agreement where applicable. Some of Unifier2 services may not offer a Service Level due to the nature of the service.
The conditions where the customer will not be able to receive a rebate are:
(a) Force Majeure as described in Clause 16;
(b) A planned outage; or
(c) Where Unifier2 exercises its right to discontinue the services in accordance with Clause 8.

5. Equipment

Unifier2 will not provide the customer with any necessary equipment to access the elected service.

6. Period of Agreement

This Standard Agreement commences on the Commencement Date agreed to by Unifier2 and will continue for the Minimum Term as defined in the Service Description and thence on a month-to-month basis unless otherwise determined and agreed in the terms of this Standard Agreement.

7. Termination

A request to terminate the services of Unifier2 as the service provider must be done in writing. The customer will remain liable for any charges up to the date of cancellation. If termination of the service is made before the end of the Minimum Term, the customer is still liable for the recurring charge outstanding on the Minimum Term. On termination, ownership of all geographical telephone numbers issued by Unifier2 shall remain the property of the Unifier2.

8. Discontinuation of Services

Unifier2 may discontinue/suspend or terminate this agreement, without prior notice, should any of the following occur:
a) a breach of the terms and conditions of the Standard Contract.;
b) Unifier2 is unable to contact you at the notified address within a reasonable time period;
c) terms of payment are not met;
d) the credit limit is exceeded;
e) any information provided by the customer is incorrect;
f) Unifier2 has reason to suspect insolvency;
g) In the case of an individual, on death, or on a filing for bankruptcy. In the case of a partnership, on dissolution, or on filing for an application for dissolution. In the case of a company, on filing of winding up notice, or on appointment of an administrator.
h) in the event that there is any cause whatsoever to believe that the service provided by Unifier2 is being used to contravene any law;
i) in a situation involving 'spam', or upon the cause of any nuisance in using any of the services, Unifier2 shall, at its sole discretion, and without prior notice withdraw services to the customer; 

9. Charges

In accordance with the Pricing Schedule Unifier2 charges consist of a set up fee, a recurring charge such as a monthly charge, and usage based charges. These fees and charges will be invoiced as follows:
a) Set up fee and recurring charge are payable in advance; and
b) Usage charges are payable in arrears on an agreed periodic basis.

10. Online Payments

When you order online, we need to have your name, e-mail address, mailing address, contact phone number, credit card number and card expiration date. This enables us to process your order and to notify you regarding its status. By its nature, we cannot guarantee that information transmitted on the internet is 100% secure. To reduce this risk, we use a secure server for online credit cards transactions with up to date encryption methods. Information on this secure server is not available to Unifier2 staff. However, these transactions are undertaken at your risk, as we cannot ensure the security of any information you transmit.
All online charges will consist of service charge or prepayment top up charge of your account. The minium prepayment top up charges will be $30.00 and will be automatically deducted from your credit card when your account balance falls to $0.00.
Prepayment top up charges will not be refunded on the cancellation of the services.
All prices quoted are excluding GST and any other applicable taxes. Unifier2 reserves the right to change prices at any time with one months notice.

11. Payment and Billing

a) Unifier2 will provide an itemised invoice of charges made, to a customer’s account. Unifier2 will invoice customers on a monthly basis. Terms of payment are 14 days from the invoice date. Some charges that do not appear on a monthly invoice may appear on a future invoice due to unavoidable processing
b) Accounts not paid within the terms of payment lose any agreed discount on charges and will be charged at standard rates for the proceeding month.
c) Unifier2 may also discontinue the service, without notice, if payment is not made on the due date.
d) All accounts that require an invoice in the mail will be charged an additional $1.50 processing fee per invoice.
e) Billing disputes must be made in writing and Unifier2 will address the dispute within 2 business days of receiving such notification Whilst a dispute exists all payments must be made according to the terms of payment or the service may be discontinued.

12. Credit Check and Limit

a) Unifier2 will require certain information in your application for this service to proceed with a credit check. If we do not have correct information such as; name, current address, drivers licence number, etc., Unifier2 will not be able to assess your creditworthiness and therefore will be unable to provide you with this service.
b) The customer hereby authorises Unifier2 to access, from a credit agency, a credit report containing personal information on the customer.
c) The customer agrees that Unifier2 may seek information about its credit arrangements from anyone that is named in the credit report or on credit references submitted to Unifier2.
d) The customer hereby authorises Unifier2 to seek information concerning the customer’s financial standing from any third parties, with the purpose of authorising third parties to supply such information, regardless of any confidentiality or privilege which applies to the information sought.
e) Unifier2 at its own discretion may enforce a credit limit on a customer’s account. Unifier2 will notify the customer that such a credit limit has been imposed. If a customer’s account exceeds the credit limit and the customer has no security bond or makes no extra payment then the service could be discontinued without notice.

13. Use of Information

Information collected by Unifier2 may be used by Unifier2 only in accordance with Unifier2’s Privacy Policy which forms part of the standard Agreement. The Unifier2 Privacy Policy is subject to change and amendments to it will be always communicated and an updated version held on the web-site at www.Unifier2.com.

14. Customer Use and Responsibilities

When using a service provided by Unifier2 there are certain conditions of use that customers should be aware of as follows:
(a) Customers shall not transmit or cause to be transmitted any material that is illegal, derogatory, racist, abusive, threatening, obscene, hateful or in any other way objectionable to others;
(b) Customers shall not use the service provided by Unifier2 to 'spam' or cause mischief to others;
(c) If a customer uses 'spam', or causes any nuisance using any of the services, Unifier2 shall, at its sole discretion, and without prior notice, withdraw services to the customer; 
(d) In the event that there is any cause whatsoever to believe that the service provided by Unifier2 is being used to contravene any law, that service shall be immediately cancelled. Any such cancellation shall be at the sole discretion of Unifier2, and shall be done without notice to the customer with no recourse to Unifier2.
Further, Unifier2 does not take any responsibility for, and will not be liable to any party for any of the following:
(a) Performance, security, reliability, and the customer’s competence in the use of the internet, telecommunications companies, and internet service providers in transmitting information;
(b) Confidentiality of a customer’s usernames and passwords;
(c) Use of the Unifier2 services by third parties, for any reason. Customers are responsible for usernames and passwords security, and must ensure that these are not disclosed to any third party, for whatever reason;
(d) Security of any information transmitted on the internet; 
Unifier2 hereby excludes all and any liabilities, costs, damages, losses or expenses whatsoever which may be claimed by you or any third party against Unifier2 in relation to any matter whatsoever arising from this Agreement.

15. Exclusion of Liability

(a) The customer agrees and acknowledges that Unifier2 shall not be liable for any claims of whatsoever kind or nature (including claims for negligence) that might arise directly or indirectly out of any act or omission, use or misuse of any of the services by you or for anything else done or not done by Unifier2. To the extent this clause fails to fully and completely exclude any claim and/or to the extent any third party might make any claim against Unifier2 in any way related to your use or misuse of the services or anything done or not done for you by Unifier2 then you hereby indemnify Unifier2 against any and all liabilities losses expenses and costs that might be suffered or incurred by Unifier2 as a direct or indirect consequence of any such claims being made.
(b) Unifier2 hereby excludes all and any liabilities, costs, damages, losses or expenses of whatsoever kind or nature which may be claimed by the customer or any third party against Unifier2 including claims for negligence in relation to any matter whatsoever arising from the Standard Agreement.

16. Other Service Providers

Unifier2 uses other Service Providers to provide customers’ services. At certain times these providers may change their terms of the service or discontinue the service. Unifier2 will endeavour to avoid any disruption to the customer’s service, however, Unifier2 will not be liable or responsible for any liabilities, costs, damages, losses or expenses of whatsoever kind or nature that may occur in making necessary amendments to our Standard Agreement to continue the service.

17. Force Majeure

Unifier2 is not liable for any failure to perform, or for any delay in performing any of its obligations under this Standard Agreement where the failure or delay has been due to:
(a) strike or other industrial action;
(b) any act or omission by the customer or any third party, including failures or delays by other suppliers;
(c) legislative or governmental prohibitions, restrictions, or delays in the granting of approvals, consents, permits, licenses or authorities;
(d) fire, flood, war or cable cut; or
(e) any other event beyond our reasonable control.

18. Governing Law

This Standard Agreement will be governed by and construed pursuant to the laws of New South Wales, Australia and the parties thereto agree to submit to the jurisdiction of the Courts of New South Wales, Australia in connection with any dispute relating to this Agreement.