Terms of Service

Preface
Sydney ICT Pty Ltd T/a Wiree and our contractors, suppliers and affiliates (collectively known from hereon in as “Wiree”, “We”, “Us” or “Our”) welcome you to our website https://wiree.io (the “Website”). Thank you for taking an interest in our products and services (the “Service” or “Services”).

Please read these Terms of Service carefully before using the Services. These Terms of Service apply to all users of the Services. If you are using the Services on behalf of an entity, organisation, or company, you represent and warrant that you have the authority to bind such organisation to these Terms of Service and you agree to be bound by these Terms of Service on behalf of such organisation. Agreeing to use the Services by clicking “Sign Up” constitutes your acceptance and agreement to be bound by these Terms of Service, and all other operating rules, policies and procedures that may be published from time to time on the Website by us, each of which is incorporated by reference and each of which may be modified from time to time without notice to you. You also acknowledge receipt of our Privacy Policy. If you ordered the Services on the Website, use the Website, or otherwise engage in any electronic transaction with respect to the Services, then you agree to receive any updates to our Privacy Policy by accessing the Website. By using our Website or purchasing our products or services, you agree that we may use and share your personal information in accordance with the terms of our Privacy Policy.

Wiree reserves the right, at any time, to amend or modify these Terms of Service without prior notice to you; provided that if any alterations constitute a material change to these Terms of Service, Wiree will notify you by posting an announcement on the Website. Any amendments or modifications will take effect immediately once they have been posted to the Website. By continuing to access or use the Services after any amendments have been made, you agree to be bound by any modifications made to the Terms of Service. For this reason, we encourage you to regularly review the Terms of Service. If you do not agree to any modifications, you must immediately stop using the Services.

1. You acknowledge that although we will take all reasonable steps to make sure you receive the voice service within the local calling areas, the voice service is not free from faults or interruptions. Certain factors, such as network congestion, maintenance, technical capabilities, geographic factors, obstructions or interference may mean you will not receive the voice service at certain times.

2. When using this service, you will ensure that you and others comply at all times with all laws and obligations, regulations, codes or determinations or any other requirements of any government or statutory authority, including licence conditions, applicable to the services and their use. Failure to comply with any licence, permit or authorisation relating to the connection of equipment to the Service Delivery Point or use of the services may result in immediate termination of the agreement. In addition, you must not transmit, distribute or otherwise publish on the Service any libellous, defamatory, abusive material or material that could give rise to civil or criminal proceedings. If this occurs, Wiree will not be held liable for any charges incurred by these proceedings.

3. The contents of the Service, including, but not limited to text, photographs, graphics, video and audio content (the “Content”) is protected by copyright as a collective work or compilation under the copyright laws of Australia and other countries, and owned or controlled by Wiree, their affiliates or the party credited as the provider of the Content. All individual articles, content and other elements comprising the Content are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in the Service. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Service. Without limiting the generality of the foregoing, the Wiree service may not be resold or otherwise resupplied by any account holder to any other person or entity without Wiree’s prior written consent.

4. Fees and charges applicable to your service will commence from the date of connection to Wiree. For post-paid customers, we will email an invoice to you no less frequently than monthly, and you must pay these fees and charges by the invoice due date. All fees and charges will be billed to your nominated credit/charge card. If you cancel your credit/charge card authority, or if you do not pay your invoice by the invoice due date, Wiree will charge a fifteen dollar late fee. Charges for archive or hardcopy invoices may apply. Wiree can decide that you have a credit limit. If so, we will tell you what that credit limit is. If you exceed the credit limit, we may suspend the service until you pay all call charges owing on your account. Finally, we may ask you to pay a deposit for some or all of the service charges in advance, in order to receive or continue receiving your service. You are still required to pay us your monthly charges by the invoice due date.

5. Domestic Calling Rates are as per the service schedule for your calling plan as advertised on our current plans page. If your plan is no longer advertised, you can request the calling rates again by email. International Calling Rates are listed on our website and are subject to change without notice, although they are generally updated on the last day of each month for the following month. International rates fluctuate regularly due to many market factors, and you agree to pay the rates listed at the time of your call. You can request international barring by emailing support@wiree.io.

6. Our pre-paid services are designed to prevent account balances being debited past 0. Due to the resource intensive nature of per-second call checking, you may end up with a debit balance. If you have a debit balance (illustrated with a negative sign), it must be re-paid to Wiree within 30 days of your balance going into debit, otherwise Wiree may choose to retrieve these funds using the appropriate legal channels.

7. If you have authorised payments by credit card, debit authority or other similar methods, then payments shall be drawn against your authority when due without further notice to you unless you terminate the payment method by 14 days written notice to Wiree. Disconnection to the Service will occur in the event that your authorized payment method is refused or dishonoured by your nominated financial institution.

8. Your term begins when you are first connected to Wiree and continues for the period of time until you disconnect. Should your details change at any time, you must notify us immediately. If you wish to discontinue your connection, you must give us notice in writing by emailing us to request a disconnection. The Service will be disconnected within 7 days of receipt. Wiree may suspend, restrict or disconnect the service under varying circumstances. A final invoice will be issued after disconnection and you must pay all fees and charges you incurred using the service, up to the date of disconnection.

9. Wiree’s records are prima face evidence of the Customers use of the service and the charges payable. Wiree allows customers to connect to the service using their own device. Wiree only charges for answered calls and ceases to charge when the call is terminated by the caller. Timed calls are calculated using the total network time used for each call. The Customer agrees that any calls from the Wiree account supplied to the Customer are deemed to be authorized by the Customer and the Customer will pay all charges accordingly. International calls are charged in 30 second increments, Mobile timed calls are charged in one second increments. There is a minimum charge of 1 cent on all timed calls.

10. All Customers are assigned a unique Wiree identification username and password. The Customer should keep confidential all passwords the Customer is given in connection with the service. The Customer acknowledges that Wiree will disclose any information in connection with the customer’s accounts to any person who correctly quotes the Customer’s password.

11. Customers that purchase a Direct Indial (DID) from Wiree will retain the Rights of Use (ROU) of the number while they are on an active plan with no amounts outstanding. The customer can use their Wiree accounts number (found on the PDF email bill) to port their DID to another provider if they hold the ROU for a DID. If the customer removes the DID via the My Account portal or has their account closed for any reason, they will no longer hold the ROU for that DID. 

12. Customers may port their own number to Wiree from any provider. This ported DID will continue to belong to the customer, and not Wiree. This DID can be ported to another Telecommunications provider by the customer without notice to Wiree.

13. Wiree offers a supplementary phone service only. The phone service provided is supplementary to your existing landline or mobile phone service. As such, you are required to own an active landline or mobile with a Telecommunications provider in Australia at all times. Emergency calls should be dialed on your landline or mobile phone only, because Voice over IP by nature is not fault-free as mentioned above (1.). Wiree may contact you on your mobile or landline periodically to ensure that your details are up to date. When calling Emergency Services (000) from a Wiree Telecommunications phone your location details may not be automatically transmitted to the operator. When calling 000 using a VoIP phone service, the operator must verify your location details with you.

14. Plans priced per-user or per-extension with included calls such as the WIRED series of plans can only have single-user devices (such as Yealink and Cisco VoIP phones) connected to Hosted PBX extensions only. SIP Trunking is not included and no PBX systems (Asterisk, 3CX etc) or other line-sharing devices are permitted on the WIRED series of plans. Connection of a PBX or line-sharing device, or a configuration that results in line sharing will result in account suspension and cancellation of the account.

15. A customer can appoint an Authorised Representative to act on their behalf if the customer requires. A person who has been made an Authorised Representative has the power to act on the customer’s behalf as if they are the customer or, if the Authorised Representative has more limited rights, the level of access that the Authorised Representative has to the customer’s information. To appoint an Authorised Representative, you should call our customer service team on 02 8880 9900 with your account number on hand and the name of the person you want to appoint as your representative. You will be asked to complete a recording with us over the phone to add the representative to your account. To submit the form, first download the form here. Ensure all required fields are completed accurately. Email the completed form to support@wiree.io.

16. If, in Wiree’s opinion, you breach any of the terms and conditions of this Agreement, we may suspend, terminate or limit your access to the Service and terminate this Agreement effective immediately. The termination of the Service shall not preclude Wiree from exercising any other rights Wiree may have against you under this Agreement.

17. These terms plus the terms of the chosen Service(s) constitute the entire Agreement between the Customer and Wiree in relation to Service(s). Any condition, warranty, representation or other term which might otherwise be implied into or incorporated into these terms and conditions, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded. Neither party shall have any remedy in respect of any untrue statement made to it upon which it relied in entering into this Agreement (unless such untrue statement was made fraudulently) and each party’s only remedy shall be for breach of contract as provided in this Agreement.

Summary

1. Our Fair Use Policy applies to VoIP Services provided by Sydney ICT Pty Ltd T/a Wiree
2. Our Fair Use Policy is intended to ensure:
   1. the availability of Our Services to all eligible Wiree Customers; and
   2. that the Services are not used in an unreasonable manner.
3. We reserve the right to vary the terms of this Fair Use Policy from time to time.
4. We may rely on the Fair Use Policy where Your usage of Services is unreasonable, as defined below.

Unreasonable Use

1. It is unreasonable use of a Service where Your use of the service is reasonably considered by Wiree to:
   1. be fraudulent;
   2. involve a non-ordinary use;
   3. cause significant network congestion, disruption or otherwise adversely affect the Wiree network; or
   4. adversely affect another person’s use of or access to Services, the Wiree network or a supplier’s network.
2. Without limitation:
3. Fraudulent use includes resupplying or reselling a Service without Wiree’s written consent so that someone else may access, use or commercially exploit Services;
4. Non-ordinary use includes circumstances where You make or receive calls and/or make use of the internet on Our network in any non-ordinary manner without obtaining Our written consent first, which consent We may give or withhold, or make subject to conditions, in Our discretion. Use in a non-ordinary manner includes:
5. in the case of fixed line services;
   1. usage for running a telemarketing business or call centre; and
   2. usage with handsets, auto-dialler devices or software or other equipment that have not been approved by Us for use on Our Network;
6. 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

1. any other activity which would not be reasonably regarded as ordinary use in relation to the Service

Our Rights

1. If We reasonably consider Your use of the Fair Use Services is unreasonable, We may, at Our sole discretion, without telling You before We do so:
2. suspend or limit the Service (or any feature of it) and/or
3. terminate the Service
4. This policy is supplementary to and does not limit any of Wiree’s rights.

We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
(1) What information do we collect?

We may collect, store and use the following kinds of personal data:

(a) information about your visits to and use of this website;

(b) information about any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services;

(c) information that you provide to us for the purpose of registering with us and/or subscribing to our website services and/or email notifications.

(2) Information about website visits

We may collect information about your computer and your visits to this website such as your IP address, geographical location, browser type, referral source, length of visit and number of page views. We may use this information in the administration of this website, to improve the website’s usability, and for marketing purposes.

We use cookies on this website. A cookie is a text file sent by a web server to a web browser, and stored by the browser. The text file is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

We may send a cookie which may be stored on by your browser on your computer’s hard drive. We may use the information we obtain from the cookie in the administration of this website, to improve the website’s usability and for marketing purposes. We may also use that information to recognise your computer when you visit our website, and to personalise our website for you.

Most browsers allow you to refuse to accept cookies. (For example, in Internet Explorer you can refuse all cookie by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.) This will, however, have a negative impact upon the usability of many websites, including this one.

(3) Using your personal data

Personal data submitted on this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.

In addition to the uses identified elsewhere in this privacy policy, we may use your personal information to:

(a) improve your browsing experience by personalising the website;

We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.

(4) Other disclosures

In addition to the disclosures reasonably necessary for the purposes identified elsewhere in this privacy policy, we may disclose information about you:

(a) to the extent that we are required to do so by law;

(b) in connection with any legal proceedings or prospective legal proceedings;

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and

(d) to the purchaser or seller (or prospective purchaser or seller) of any business or asset which we are (or are contemplating) selling or purchasing.

Except as provided in this privacy policy, we will not provide your information to third parties.

(5) Security of your personal data

We will take reasonable precautions to prevent the loss, misuse or alteration of your personal information. Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

We will store all of the personal information you provide on our secure servers. All electronic transactions you make to or receive from us will be encrypted using SSL technology.

You are responsible for keeping your password confidential. We will ask for your password before we can make changes to your account.

(6) Policy amendments

We may update this privacy policy from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.

We may also notify you of changes to our privacy policy be email.

(7) Your rights

You may instruct us to provide you with any personal information we hold about you. Provision of such information may be subject to the payment of a fee (currently fixed at $10.00).

(8) Third party websites

The website contains links to other websites. We are not responsible for the privacy policies of third party websites.

(9) Contact

If you have any questions about this privacy policy or our treatment of your personal data, contact us.