Welcome to the Terms of Service for Tempus’ communication and internet services, Tempus is your destination for IT business services. This is an agreement (“Agreement”) between Tempus Pty Ltd ABN 88 153 569 745, (“Tempus”), the owner and operator of www.tempusis.com.au and www.tempusis.com (the “Site” and any “Services”) and you (“you” or “your” or “user(s)” or “client”), a user of the Site and Service. This Agreement is legally binding and governs your use of our Site and Service.
Throughout this Agreement, the words “Tempus,” “us,” “we,” and “our,” refer to our company, Tempus Pty Ltd, and our website, www.tempusis.com.au and www.tempusis.com, or our Service, Tempus, as is appropriate in the context of the use of the words.
1. Telephony Services
1.1. Tempus provides VOIP (Voice over IP) and PSTN (Public switched telephone network) phone services using reputable upstream carriers. The VOIP service requires a minimum of 100/100 Kbps data connection per simultaneous call. Service availability and quality may differ from a standard telephone service. The quality of the service is subject to internal network and Internet congestion. The service may not be appropriate if you or another user have a disability, serious illness or other life threatening condition which requires an uninterrupted phone line with access to 000 emergency services.
1.2. You are responsible for installation of the handsets supplied as a part of your phone service, including any associated cabling, and configuration of your network and any routers and/or switches within your network in order to allow the phone service to work. Tempus offers a service to install and setup networks to ensure your phone service is operation.
1.3. The Fair Use Policy (FUP) applies.
1.4. The minimum term for Tempus voice services is one month and there are no cancellation fees. If a client chooses to upgrade or downgrade their phone service plan change fees may apply.
1.5. Call costs are set out in the initial proposal however are subject to change. Call rates can be found here.
1.6. Timed calls are billed in 1 second increments.
1.7. Any included call value expires at the end of each month and is not refundable or transferable.
1.8. Information and pricing was correct at time of printing.
2. Data Services
2.1. Any unused data expires at the end of each month and is not refundable or transferable.
2.2. The Fair Use Policy (FUP) and applies.
2.3. You are responsible for your actions on our network and systems you access through your Internet Service. If you act recklessly or irresponsibly in using your Internet Service or your actions endanger any person or the integrity or security of our Network, Supplier’s network, systems or equipment, your access may be restricted, suspended or terminated. Specifically, you agree that you will not use, attempt to use or allow your Internet Service to be used to do the following:
- Store, send or distribute any content or material which is restricted, prohibited or otherwise unlawful under any applicable Commonwealth, State or Territory law, or which is likely to be offensive or obscene to a reasonable person;
- Store, send or distribute confidential information, copyright material or other content which is subject to third party intellectual property rights, unless you have a lawful right to do so;
- Do anything, including store, send or distribute material which defames, harasses, threatens, abuses, menaces, offends, violates the privacy of, or incites violence or hatred against, any person or class of persons, or which could give rise to civil or criminal proceedings;
- Do any other act or thing which is illegal, fraudulent or otherwise prohibited under any applicable Commonwealth, State or Territory law or which is in breach of any code, standard or content requirement of any other competent authority;
- Do anything, including store, send or distribute material, which interferes with other users or restricts or hinders any person from accessing, using or enjoying the Internet, our Services, Network or systems;
- Forge header information, email source address or other user information to facilitate fraudulent acts;
- Access, monitor or use any data, systems or networks, including another person’s private information, without authority or attempt to probe, scan or test the vulnerability of any data, system or network;
- Compromise the security or integrity of any network or system including our Network;
- Access, download, store, send or distribute any viruses or other harmful programs or material;
- Send or distribute unsolicited advertising, bulk electronic messages or otherwise breaching your spam obligations applicable by law, or overload any network or system including our Network and systems;
- Use another person’s name, username or password or otherwise attempt to gain access to the account of any other Customer;
- Tamper with, hinder the operation of or make unauthorised modifications to any network or system; or
- Authorise, aid, abet, encourage or incite any other person to do or attempt to do any of the above acts.
3. Technical Support
3.1. Standard Helpdesk Support is provided Monday through Friday from 9:00AM – 5:00PM during normal business days. Exceptions or changes will be noted on the Tempus website.
3.2. Limited out of hours support is available for communications clients and is assessed on a case by case basis. If the issue is deemed to be outside the scope of support then the client will be charged accordingly. Tempus reserves the right to implore the quickest solution to resolve the matter. Any network or line fault outages are monitored and investigated for resolution 24/7.
3.3. Any planned or unplanned telecommunication or internet outages will not be published by Tempus. However Tempus will work with vendors to resolves any outages and where possible provide an expected resolution time. Clients and users are encouraged to report any telecommunication or internet outages or errors to Tempus.
4.1. Tempus will not be liable for failure to supply voice and or data services if the failure is due to one of the following:
- Events beyond Tempus’ control
- Loss or damage to equipment which may impact the supply of services provided
4.2. Our liability to you for any breach by us of this contract is limited to the maximum extent permitted under the relevant laws and regulations.
4.3. The Client shall at all times indemnify and hold harmless Tempus, from and against any loss or damage (including costs on a solicitor and own Client basis) that Tempus or the Client may sustain or incur as a result of any claim by a third party in connection with the Services.
4.4. Tempus excludes all implied conditions and warranties except to the extent that any such exclusion would contravene any applicable law or cause this clause to be void (“Non-excludable provision”). Tempus shall not be liable in any way whatsoever for any direct, indirect or consequential loss or loss of profit suffered by the Client or any other party from Tempus, its officers, employees and/or its subcontractors performance of the Services or failure to perform the Services. The Client acknowledges that neither Tempus nor any person purporting to act on its behalf has made any representation or given any promise or undertaking which is not expressly set out in writing whether as to the suitability or fitness of the Services for any particular purpose or any other matter. The Client agrees that it has engaged Tempus to perform the Services and use the results provided by Tempus at its own risk.
5. Fair Use Policy
5.1. The Fair Use Policy applies to Services which are stated to be subject to the Fair Use Policy (FUP).
5.2. The Fair Use Policy is intended to ensure:
- The availability of Our Services to all eligible Tempus Customers; and
- That the Fair Use Services are not used in an unreasonable manner.
5.3. Tempus reserves the right to vary the terms of this Fair Use Policy from time to time.
5.4. We may rely on the Fair Use Policy where your usage of the Fair Use Services is unreasonable, as defined below.
5.5. Unreasonable use of a Fair Use Service is where Your use of the service is reasonably considered by Tempus to:
- Be fraudulent;
- Involve a non-ordinary use;
- Cause significant network congestion, disruption or otherwise adversely affect the network, a upstream carrier’s network; or
- Adversely affect another person’s use of or access to the Fair Use Services, the network or a upstream carrier’s network.
5.6. Without limitation:
- Fraudulent use includes resupplying or reselling any Tempus service without our written consent so that someone else may access, use or commercially exploit a Fair Use Service;
- Non-ordinary use includes circumstances where you make or receive calls and/or make use of the internet on our network or supplier’s network in any non-ordinary manner without obtaining our written consent first. Non-ordinary use includes:
- In the case of fixed line services:
- Usage for running a telemarketing business or call centre; and
- Usage with handsets, using auto-dialler devices, software or other equipment that have not been approved by us for use on our network or supplier’s network;
- In the case of mobile services, any use of a SIM in a SIM box, GSM gateway or any device that is used to automatically re-route calls;
- Usage to menace, harass or injure any person or damage anything;
- Usage in connection with an infringement or committing an offence against any law, standard or code; or
- Any other activity which would not be reasonably regarded as ordinary use in relation to the fair use of the service.
6. Our Rights
6.1. If we reasonably consider your use of the Fair Use Services is unreasonable, we may do the following at our sole discretion:
- Suspend or limit your Service (or any feature of it) in accordance with our initial proposal/agreement with you; and/or
- Terminate the Service in accordance with our proposal/agreement with you.
6.2. This policy is supplementary to and does not limit any of Tempus’ rights.