TERMS AND CONDITIONS
Customer Service Agreement
This Customer Service Terms and Conditions Agreement ("Agreement") governs all the terms and conditions associated with a Customer's ("you," "user" or "Customer") use of the residential communications services and any related products or services ("Service") offered by or through VOIPMONSTER Pty Ltd. ("we," "us" or "PARSTEL").
Online Acceptance
Since signing up for PARSTEL services is an online transaction, it is understood between PARSTEL and the Customer that online acceptance of this Agreement will carry the same legal authorization as if the Customer is providing a handwritten signature of acceptance.
1. Service Provided.
a. PARSTEL offers the Customer, among other things, the ability to make local, domestic long distance and international telephone calls using software or hardware SIP phones. PARSTELC currently offers following types of services to its Customers:
i. Customer may open a PARSTEL Account and utilize the ability to make or receive calls to other PARSTEL members, FREE of charge.
ii. Customer may open a PARSTEL Account and make calls on a "Pay-As-You-Go" basis, the charges for which will be deducted from a pre-paid deposit made to Customers Account.
iii. Customer may open a PARSTEL Account and subscribe for a "Flat-Rate-Plan"* which will allow a Customer to make calls to a pre-set list of countries and or destinations (i.e. landline, mobile, selected country, selected city or service provider). Charges for the "Subscription" will be billed as a re-occurring monthly service fee charged to Customers credit card/debit card or from positive account balance.
iv. Customer may open a PARSTEL Account and subscribe for a "Flat-Rate-Plan" to a pre-set list of country and or destinations (i.e. landline, mobile, selected country, selected city or service provider) in combination with the ability to make calls on a "Pay-As-You-Go" basis, which will be charged separately from a pre-paid deposit made to Customers Account. Charges for the "Flat-Rate-Plan" will be billed as a re-occurring monthly service fee charged to Customers credit card/debit card or from positive account balance.
v. Customer may open a PARSTEL Account and subscribe for a "DID-Number-Plan"* which will allow a Customer to purchase a local or international phone number to receive call using SIP device registered to our service delivery platform.
vi. Customer may open a PARSTEL Account and subscribe for a "DID-Number-Plan"* which will allow a Customer to purchase a local or international phone number to receive call using SIP device registered to our service delivery platform in combination with the ability to make calls on a "Pay-As-You-Go" basis, which will be charged separately from a pre-paid deposit made to Customers Account. Charges for the "Flat-Rate-Plan" will be billed as a re-occurring monthly service fee charged to Customers credit card/debit card or from positive account balance.
vii. Customer may open a PARSTEL Account and send SMS worldwide on a "Pay-As-You-Go" basis, the charges for which will be deducted from a pre-paid deposit made to Customers Account.
2. No Access to Emergency Services: You acknowledge and understand that PARSTEL is not a replacement for your mobile or fixed line telephone and PARSTEL does not allow you to make emergency calls to emergency services. You must make alternative communications arrangements to ensure that you can make emergency calls if needed. The PARSTEL service is not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of Emergency Service. There are important differences between traditional telephone services and the Products. You acknowledge and agree that:
(i) PARSTEL is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law;
(ii) it is Your responsibility to purchase, separately from the Products, traditional wireless (mobile) or fixed line telephone services that offer access to Emergency Services, and
(iii) PARSTEL is not a replacement for Your primary telephone service.
3. Service Outages.
a. Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service.
b. Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert PARSTEL to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service may not function. You acknowledge that PARSTEL is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service that may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement.
c. Limitation of Liability and Indemnification: You acknowledge and understand that PARSTEL's liability is limited for any Service outage and/or inability to dial 000 from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless PARSTEL, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service relating to the absence, failure or outage of the Service, including 000 dialling and/or inability of Customer or any third person or party or user of Customer's Service to be able to dial 000 or to access emergency service personnel.
4. Residential Use of Service and Device.
If you subscribe to PARSTEL's residential services, the Service and the Device are provided to you solely for residential use. You shall not resell or transfer the Service or the Device to another party without our prior written consent. When subscribing to a residential Flat-Rate Plan, you are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. NO BUSINESS PURPOSE WHATSOEVER SHALL BE DEEMED A VALID USE OF THE RESIDENTIAL FLAT-RATE PLAN and PARSTEL reserves the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal residential usage patterns. In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the Service or the Device was inconsistent with normal residential use. Utilization of the Service for a business purpose may only be accomplished through PARSTEL's Pay-As-You-Go rate plan.
5. Prohibited Uses.
a. Unlawful. You shall use the Service and the Device only for lawful purposes. PARSTEL reserves the right to immediately terminate your Service if, in our sole and absolute discretion, PARSTEL determines that you have used the Service or the Device for an unlawful purpose. In the event of such termination, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If PARSTEL believes that you have used the Service or the Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, PARSTEL will provide information in response to law enforcement requests, including, but not limited to, subpoenas, court orders, and requests for wire taps etc, from the government under the Patriot Act, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.
b. Inappropriate Conduct. You shall not use the Service or the Device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. PARSTEL reserves the right to immediately terminate your Service if, in our sole and absolute discretion, PARSTEL determines that you have used the Service or the Device in any of the aforementioned ways. In the event of such termination, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If PARSTEL believes that you have used the Service or the Device in any of the aforementioned ways, PARSTEL may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, PARSTEL will provide information in response to law enforcement requests, including, but not limited to, subpoenas, court orders and requests for wire taps etc, from the government under the Patriot Act, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.
c. Caller ID Name ("CNAM"). When available with the service(s) you have purchased from PARSTEL, CNAM information will be presented on inbound calls, within the My PARSTEL website, and within certain email communications. CNAM information is provided as is, and PARSTEL does NOT assure, warrant, or assume any liability for the validity or accuracy of the CNAM information provided. The CNAM information provided by PARSTEL may NOT be used for any of the following: collection of CNAM data for resale, licensing, or any re-distribution to another party; any form of auto-dialing to obtain bulk CNAM information; collection of CNAM data for any use other than the services provided directly by PARSTEL. Customer acknowledges that all rights, title and interest to the CNAM information provided by PARSTEL, regardless of the form of media in which it is contained, shall be the sole and exclusive property of, and are retained by, PARSTEL and/or PARSTEL's CNAM information suppliers.
6. Tampering with the Service: You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
7. Number Transfer: DID Numbers in may be portable to other carriers, but PARSTEL cannot provide specific information regarding the portability of numbers. Customer must inform PARSTEL of any port-out's of number(s) to check if is possible to be ported.
8. Service Distinctions: The Service is not a telecommunications service and PARSTEL provides it on a best efforts basis. Important distinctions exist between telecommunications service and the Service offering that PARSTEL provides. The Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
a. No Operator Assisted Calling; The Service does not support operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls).
b. No Directory Listing. The phone numbers you obtain from PARSTEL will not be listed in any telephone directories. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your name and/or address.
9. Incompatibility With Other Services:
a. Home Security Systems. The Service provided by PARSTEL may not be compatible with home security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.
b. Certain Broadband and Cable Modem Services. You acknowledge that the Service presently may not be compatible with other broadband service providers. You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service.
10. Service Availability. To access PARSTEL's Services, the Customer must have access to a high-speed internet connection as well as one of the following: (i) a computer with speakers and microphone; or (ii) a headset or (iii) SIP device. PARSTEL will not reimburse the Customer for any extra charges assessed by Customer's internet provider as a result of using their services to access PARSTEL's Services.
11. Opening an Account. In order to become a PARSTEL customer, the Customer must complete in full an application form located on the Website (www,parstel.com.au). As part of the application, the Customer will be required to provide PARSTEL with a unique Username. PARSTEL will then send the Customer an electronic notification (in the form of an e-mail message), containing a Password and confirmation that the Customer has activated their PARSTEL account.
1. Credit References. PARSTEL may refuse to provide services to a Customer if the Customer's credit is not deemed satisfactory which determination shall be made at PARSTEL's sole discretion. NOTICE: CUSTOMER EXPRESSLY AUTHORIZES PARSTEL AND/OR THIRD-PARTIES DESIGNATED BY PARSTEL TO PERFORM A CREDIT CHECK AND / OR FRAUD SCORE BASED UPON THE INFORMATION PROVIDED IN THE APPLICATION FORM WHEN OPENING AN ACCOUNT AND THE ELECTRONIC SIGNATURE BELOW SHALL SERVE AS WRITTEN CONFIRMATION OF THIS AUTHORIZATION. ALL INFORMATION PROVIDED BY THE CUSTOMER SHALL REMAIN CONFIDENTIAL AND SHALL NOT BE DISSEMINATED TO ANY THIRD PARTIES EXCEPT TO THOSE THIRD-PARTY'S EXPRESSLY AUTHORIZED HEREIN.
2. Usernames/Passwords. THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR USERNAME AND PASSWORD. THE CUSTOMER EXPRESSLY AGREES TO BE LIABLE FOR ALL SERVICES CHARGED TO THEIR ACCOUNT WHETHER OR NOT CUSTOMER HAS AUTHORIZED SUCH USE. AS SUCH, PARSTEL CANNOT BE HELD RESPONSIBLE FOR FRAUDULENT CHARGES THAT RESULT FROM THEFT OR FRAUDULENT USE OF THE CUSTOMERS ACCOUNT OR CREDIT CARD INFORMATION. If a Customer suspects that their Account, Username and/or Password is being used in an unauthorized manner, the Customer shall be required to contact PARSTEL within twenty-four (24) hours of a Customer's suspicion or awareness that unauthorized use has occurred on their Account so that the appropriate modifications can be made to prevent any further unauthorized usage on that Account. ALL ACCOUNT INFORMATION WILL BE SENT TO THE E-MAIL ADDRESS PROVIDED BY THE CUSTOMER AT SIGN UP. Therefore, it is the Customer's responsibility to provide PARSTEL with a secure e-mail address as PARSTEL will not be responsible and shall be held harmless for any access to Customers Account by any unauthorized persons.
12. Payment. SERVICES PROVIDED UNDER SECTION 1a(ii); (iii) ; (iv) ; (vi) and (vii) ARE PROVIDED ON A PRE-PAID BASIS ONLY. As a Customer uses PARSTEL's services, their Account will be debited accordingly. No phone services will be provided if the Customer's Account does not have a sufficient balance to cover the cost of the service requested. Notwithstanding the foregoing, a Customer with an insufficient balance to cover requested Pre-paid Services will still be able to utilize the free call between PARSTEL subscribers.
13. Recharging Account. In the event a Customer wants to use PARSTEL's services in an amount, which exceeds the remaining balance in their Account, they may access the Website and recharge (or supplement) their Account by purchasing additional credit using paypal.
14. Rates. PARSTEL's rates are listed on its Website. You are responsible for checking all applicable rates/promotions before making any call using PARSTEL's services. Please note that the rates for calls to certain numbers (e.g., mobile/special service numbers) may be higher than rates for calls to other numbers within the same country. PARSTEL reserves the right, at its sole discretion, to modify these rates at any time and/or to offer or discontinue special promotions. Rates are based on country code and city code, not country name. While PARSTEL endeavors to maintain rates that are competitive in the market, PARSTEL does not guarantee that its rates will change in any predictable fashion. In addition, should market conditions or factors outside of PARSTEL control raise its costs or wholesale rates to some or all service destinations, PARSTEL reserve the right to adjust its rates accordingly.
15. Rate Changes. PARSTEL RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY ITS RATES, MONTHLY FEES, SURCHARGES, AS WELL AS ANY OTHER FEES COLLECTED BY OR PAID TO PARSTEL UNDER THE TERMS OF THIS AGREEMENT. If a Customer chooses to terminate their Account as a result of changes in PARSTEL's prices, the Customer must CANCEL their account no later than the twenty-sixth (26) day of the month. You must then e-mail customer support or open a trouble ticket to request a refund of any funds within your balance. If PARSTEL does not receive notification by the Customer by the twenty-sixth (26) day of the month the Customer's account will be charged for the next monthly billing cycle. Any unused balance in a Customers Account will be credited back to the credit card on file with PARSTEL in accordance with PARSTEL's Money Back Guarantee Policy.
16. Monthly User Fee. If a Customer subscribed for a rate plan or service with a monthly fee, this fee will be charged regardless of whether a Customer uses their Account to make any telephone calls, or uses the service in a given month.
17. Email Notification. The Customer is responsible for both maintaining a current and operational e-mail address and for reading all e-mail notices from PARSTEL. It is expressly understood by you that e-mail notification will be the only manner by which PARSTEL will communicate with you regarding updates to its services and information pertaining to your Account. You may also view information regarding your Account by logging into your PARSTEL Account on the PARSTEL website.
18. Consent to e-Mail Communications. By entering into this Agreement, you consent to both the receipt of electronic mail ("e-mail") from PARSTEL and that e-mail communication shall be the sole manner by which PARSTEL shall contact Customer. In addition to sending a Customer e-mail notifications as provided for above, PARSTEL may also send a Customer e-mails about services and products the Company believes may be of interest to you. A Customer may opt-out of future e-mails about products or services by contacting PARSTEL by opening a trouble ticket or in writing. PARSTEL reserves the right, however, to continue to e-mail Customer important information relating to their Account, this Agreement or other regulatory communications.
19. Billing.
1. When the service is activated, you must provide PARSTEL with a valid email address and a credit or debit card number from a card issuer that we accept. PARSTEL reserves the right to stop accepting credit or debit cards from one or more issuers. If your credit or debit card expires, you close your account, your billing address changes, or your credit or debit card is cancelled and replaced on account of loss or theft, you must advise PARSTEL at once. PARSTEL will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears) to your credit or debit card, including but not limited to:
1. activation fees;
2. monthly Service fees;
3. international usage charges;
4. advanced feature charges;
5. equipment purchases;
6. SMS usage charges;
7. termination fees; and
8. shipping and handling charges.
The amount of such fees and charges shall be published on PARSTEL's website and may change from time to time. Notification of monthly statements will be sent to you via your email address on file with PARSTEL. We reserve the right to bill at more frequent intervals if the amount you owe to us at any time exceeds $50.
2. Billing Increments. Charges for telephone calls are measured in whole minutes. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on our website. Timing on calls begins when the call is answered by the called party. Timing terminates on calls when the calling party hangs up or PARSTEL's network receives an "on -hook" signal from the terminating carrier. PARSTEL will not, and is not obligated to, provide refunds for any calls made using its service.
3. Billing Information. PARSTEL does not send any statements to its customers. Instead, the Customer is responsible to view their statements using their secure USERNAME and PASSWORD to access their billing information, which shall be available on PARSTEL's website for the current month and prior three (3) months only. This information is available on the Website twenty-four (24) hours a day seven (7) days a week. (For example, if a Customer reviews their statement information in April, they will be able to see charges for April as well as the preceding months of March, February, and January. The customer is responsible for printing out their monthly statements, and PARSTEL will not provide monthly statements beyond what is available online.
4. Billing Disputes. A Customer must notify PARSTEL by e-mail or by opening a trouble ticket on the PARSTEL website of any disputed charges within thirty (30) days of the charge being posted to their Account. PARSTEL will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To the extent PARSTEL determines, at its sole discretion, that a billing adjustment is warranted, a Customers Account will be credited accordingly. If a Customer fails to notify PARSTEL of a billing dispute as noted above, the Customer shall expressly waive all rights to bring any claim against PARSTEL regarding a disputed charge. This Section does not waive Customers responsibility to notify PARSTEL of unauthorized use of its Account, Password or Username within the period and by method set forth in Section Eleven B (11b) herein.
20. Ownership of Account. PARSTEL will not make any adjustments to a Customer's Account information nor send the Username or Password unless provided with both the first and last four (4) digits of a Customers credit card number on file, the answer to the security question chosen by Customer, and/or any other information PARSTEL deems necessary at its sole discretion. If you cannot provide this information, PARSTEL will close your Account.
21. Expiration. A Customers account shall refresh monthly until Cancelled with PARSTEL in accordance with the terms set forth in this Agreement. Notwithstanding the foregoing, PARSTEL, expressly reserves the right to cancel any account, in its sole discretion, which has not been used and maintains a zero balance for over ninety (90) consecutive days.
22 Termination.
1. Discontinuance of Service. PARSTEL reserves the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or terminate your Service without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated on account of your breach of any provision of this Agreement, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable.
2. Cancellation. A customer may discontinue PARSTEL's Free-Services or Pre-Paid Services at any time upon notice (either electronic or written) to PARSTEL. The Company will then shut down all access to Customers Account. The unused balance will not be refundedd back to you and you may use your remaining balance before cancelation request.
PARSTEL reserves the right, at its sole discretion and for any reason, to (a) terminate this Agreement and the Customers access to its Service and/or (b) to refuse to allow the Customer to re-charge their Pre-Paid Account. If fraud is suspected, PARSTEL has the right to put an account immediately on hold until investigation into the fraud is completed.
23. International Calls. Although the quality of international telephone calls has improved greatly in recent years, calls to certain countries outside the Australia can be interrupted as a result of service/network issues in those countries. PARSTEL will attempt to identify any such issues, with the cooperation of the Customer. All necessary information must be provided including date, time, origination number and destination number. However, PARSTEL WILL NOT REFUND ANY CHARGES FOR SUCH INTERRUPTED CALLS.
24. GST (Goods and Services Tax). PARSTEL reserves its right to pass through to the Customer any new government taxes, fees or surcharges that shall appear as an additional itemized charge on Customer's Account.
25. Resellers. PARSTEL does not authorize any third-party agents or resellers to sell PARSTEL services, electronically or through phone cards, unless specifically authorized by PARSTEL. If contacted by an agent, a Customer is required to contact PARSTEL to confirm that the contacting agent is licensed and authorized by PARSTEL to provide these services. If a Customer fails to confirm authorization of a third-party agent or reseller of PARSTEL, Customer cannot hold PARSTEL liable and expressly releases PARSTEL from any representation made by an unauthorized third-party agent or reseller.
26. Access to Third-Party Vendors. PARSTEL Customers may also purchase various products and services from third-party vendors by accessing those third-party vendors directly through PARSTEL's Website via click throughs or hyperlinks. PARSTEL is not responsible for the contents of any linked site, the products/services offered through those sites, any link to other sites contained in a linked site, or any changes or updates to such sites. PARSTEL provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement, guarantee or warranty (either expressed or implied) by PARSTEL of the site or the products/services offered through that site.
27. Customer Service. If a Customer has any questions, concerns or complaints about the services, provided by PARSTEL they may contact PARSTEL's Customer Service Department 24 hours a day, 7 days a week by sending email to support@parstel.com.au to open a Trouble Ticket.
28. No Third Party Beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
29. Limitation of Liability. PARSTEL SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS, REGARDLESS OF THE NATURE OF THE CLAIM. PARSTEL WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, AND EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF PARSTEL HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADDITION, PARSTEL SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS.
30. No Warranties. PARSTEL DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT.
31. Force Majeure. PARSTEL shall not be liable for its failure to perform its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of PARSTEL.
32. Indemnity. Customer agrees to indemnify, defend and hold PARSTEL, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Website, from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorneys fees, which are the result of, or are in any way related to, Customers use of the Website, PARSTEL's services, and/or your transactions/communications with third-party vendors initiated via the Website.
33. Exclusive Jurisdiction and Venue. Any suit involving any dispute or matter arising under this Agreement may only be brought in the jurisdiction of the Courts of New South Wales and any court hearing appeals from those Courts. Customer hereby expressly consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding and waive any objection to venue or inconvenient forum and to the waiver of any right to bring, represent or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in Court. THE CUSTOMER FURTHER EXPRESSLY WAIVES ANY RIGHT OF ANY RIGHT TO A JURY TRIAL, TO RAISE COUNTERCLAIMS OR TO ASSERT THE DEFENSE OF SETOFF IN ANY CLAIM FILED BY PARSTEL UNDER THE TERMS OF THIS AGREEMENT.
34. Trademarks. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of PARSTEL, including but not limited to "PARSTEL" and "PARSTEL.com.au" (collectively "Marks") are and shall remain the exclusive property of VOIPMONSTER Pty Ltd and nothing in this Agreement shall grant Customer the license to use such Marks without the express written permission of PARSTEL or VOIPMONSTER Pty Ltd.
35. Assignment. PARSTEL may assign its rights and duties under this Agreement to any party at any time without notice to the Customer. A Customer may not assign their rights and duties under this Agreement without the express written permission of PARSTEL, and such permission and/or authorization shall be in the sole discretion of PARSTEL.
36. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provision will of this Agreement will continue in full force and effect.
37. Integration - Entire Agreement. This Agreement, together with any written amendments or written modifications, will constitute the entire agreement between Customer and PARSTEL with respect to the services provided hereunder and will supersede and replace all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and PARSTEL.
38. Governing Law. This Agreement, and all modifications/amendments thereto, shall be governed by and construed in accordance with the laws of New South Wale.
39. Waiver. PARSTEL's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision hereof nor PARSTEL right to enforce a provision upon the Customer.
40. Terms. The term of this Agreement shall be from the inception of a Customers Account until termination.
41. Privacy Policy. To learn about how PARSTEL protects the Customers personal information, refer to PARSTEL's Privacy Policy on the Website.
42. Compliance with Laws. PARSTEL shall comply with all applicable federal, state and local laws and/or regulations regarding the provision of the services provided for under this Agreement.
43. Use. Customer agrees to use PARSTEL's service in a lawful manner, which is consistent with the terms and conditions of this Agreement and all applicable federal, state and local laws and/or regulations. PARSTEL reserves the right to immediately, and without notice, terminate, or otherwise discontinue, a Customers Account in the event it determines that a Customer has violated any such term, condition, law and/or regulation.
44. Content. You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or Device (each such person, a "User"). You shall assure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. PARSTEL reserves the right to terminate or suspend your Services and remove you or your Users' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. PARSTEL's action or inaction under this Section will not constitute any review or approval of you or your Users' use or content.
45. Legalility. PARSTEL MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND THAT THE SERVICES, TECHNOLOGY OR EQUIPMENT BEING PROVIDED IS LEGAL OR ALLOWED IN YOUR HOME COUNTRY, OR THE COUNTRY YOU ARE PLACING CALLS FROM. PARSTEL IS NOT RESPONSIBLE FOR VERIFYING LOCAL/NATIONAL LAWS AND IT IS UP TO YOU TO DETERMINE IF USING THE PARSTEL SERVICE IS LEGAL IN YOU COUNTRY/JURISDICTION. BY ACCPETING SERVICE UNDER THE TERMS OF THIS AGREEMENT YOU ARE EXPRESSLY RELIEVING PARSTEL FROM ANY LIABILITY ARISING UNDER THE TERMS OF THIS PROVISION.
46. Modifications/Amendments. This Agreement may be modified or amended by PARSTEL at any time. Unless otherwise provided, all such modifications or amendments shall be effective immediately upon posting on the Website under Terms and Conditions. Furthermore, you will be asked to verify acceptance of these terms when you initially signup for your account. YOUR CONTINUED USE OF YOUR ACCOUNT WILL BE CONCLUSIVELY DEEMED TO BE AN EXPRESS ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS AGREEMENT AND ANY MODIFICATIONS.
-- Updated May 05 2010