Terms of Service

Untangled ICT Pty Ltd ACN: 636 606 838 (“Untangled ICT”) is an authorised reseller of Dialpad. The following terms of service apply to all services provided by Untangled ICT to a customer ( a “Customer”) and also incorporate the Dialpad, Inc Terms of Service, Acceptable Use Policy, Privacy Policy and Copyright Disputes Policy as published here https://www.dialpad.com/legal/

HARDWARE, INSTALLATION AND SET-UP

Title to any property in the supplies remains in Untangled ICT or its nominated suppliers until payment in full is received by Untangled ICT, failure to make payment in full when due shall give Untangled ICT the right to avail itself of any legal remedy with or without notice, including repossession of the supplies.

The client assumes risk of loss or damage upon delivery of the supplies to the client or collection by the client. Delivery will be made in accordance with Untangled ICT’s delivery schedule at the time of receipt of the Customers order.

Prices relate to point of delivery. Deliveries to some locations maybe be subject to additional freight and insurance charges. Untangled ICT warrants that the supplies are free from defects in material and workmanship at the time of delivery or collection by the client as appropriate. All other warranties express or implied are excluded in the event that the supply of goods pursuant to this invoice is a supply of goods to a consumer as defined in the trade practice act 1974 nothing contained herein excludes, restricts or modifies any condition.

Warranty, right or remedy which pursuant to that act applies to or is conferred upon the customer provided that to the extent that the act permits Untangled ICT to limit its liability for a breach of a condition or warranty implied by that act then Untangled ICT’s liability for such breach shall be limited to the payment of the cost of replacing the goods or of acquiring equivalent goods.

UNLIMITED CALLING

Dialpad offers unlimited monthly calling for domestic calls from your mobile phone or computer. An unlimited service provides you with a domestic telephone number and is subject to the terms and restrictions of the Dialpad Acceptable Use Policy along with any other restrictions described herein, as well as any terms within your agreement with Untangled ICT, where applicable. If, for any reason, Dialpad or Untangled ICT believes that you are using the unlimited service for a prohibited purpose and/or your call usage violates the Dialpad Acceptable Use Policy, then Dialpad and/or Untangled ICT may, at each their sole discretion, with or without notice, terminate your unlimited service.

TOLL FREE, 1800 AND 1300 CHARGES

Untangled ICT (either directly or via its reseller arrangements with Dialpad) may offer toll-free numbers, for an additional monthly fee, plus additional charges based on the minutes of use for inbound calls/outbound calls. Having a toll-free, 1800 or 1300 number may require additional billing terms that will be specified in your contract. If, for any reason, Untangled ICT or Dialpad believes that you are using the toll-free calling for a prohibited purpose and/or your call usage violates any Untangled ICT or Dialpad agreement including the Dialpad Acceptable Use Policy, then Untangled ICT and/or Dialpad may at their sole discretion, with or without notice, terminate your toll-free, 1800 or 1300 calling service.

INTERNATIONAL CALLING AND “LOCAL” INTERNATIONAL TELEPHONE NUMBERS

To make international calls using the any of the services provided by Untangled ICT or Dialpad you must enable international calling in your settings and pre-purchase at least the minimum package of international calling credits necessary to make such international calls. Rates, terms, Taxes and Fees associated with international inbound and outbound calling and texting services may vary based on the country and reseller agreement, if applicable. If, for any reason, Dialpad believes that You are using the Service for a prohibited purpose and/or your call usage violates the Acceptable Use Policy, then Dialpad may, in its sole discretion with or without notice, terminate your service.
International call rates in USD can be found at https://www.dialpad.com/rates/

OTHER SERVICE CHARGES

The services offer by Untangled ICT (either directly or via our reseller arrangements with Dialpad) include one or more Voice over Internet Protocol (“VoIP”) lines, including the option to add additional lines at a later date. Your license to the services is provided for in a term specified in your purchase agreement through Untangled ICT as an authorized Reseller of Dialpad.

The initial Term begins on the date that you sign up for the services (the “Date of Purchase”). The Term for all services will renew automatically for successive Terms of the same length without further action by or notice to you unless you notify Untangled ICT of your non-renewal at least thirty (30) days before the end of the then current Term, unless otherwise provided in your Agreement.

Porting fees and other charges may apply to some of the services offered by Untangled ICT and DIalpad.

If Untangled ICT or Dialpad are charged for porting existing or new numbers, these costs will be passed on to the Customer. If there are porting charges incurred during a contract term for transferring or adding new numbers to your account, these costs will be billed in the period which they are incurred by Untangled ICT.

The amount of porting charges varies depending on the carrier and the complexity of each job. The Customer is liable for all porting fees associated with their account.

BILLING AND PAYMENT

You agree that all of Untangled ICT’s fees are charged via direct debit (unless otherwise agreed in writing) to the nominated bank account of the Customer. Untangled ICT processes Credit Card direct debit fees using Ezidebit Pty Ltd ACN 096 902 813 (Ezidebit) and Bank account direct debit fees using GoCardless LTD CAN 606 261 741 (GoCardless) .When you enter into a contract with Untangled ICT to receive services from Untangled ICT including, hardware, installation, set-up and/or other services provided by either Untangled ICT or Dialpad, you also agree to the Ezidebit or GoCardless terms and conditions that apply to our direct debit authority that can be found here: https://static.ezidebit.com.au/ServiceAgreement/AU/1.8/DDR_Service_Agreement.html https://gocardless.com/legal/

In the event of a Customer being in default of its obligation to pay us within the payment terms, and the overdue invoice(s) are then referred to a debt collection agency and/or law firm for collection and we are charged commission and/or disbursements and/or legal fees, the Customer agrees that they will be liable to pay as a liquidated debt to us any commission, disbursements and legal fees payable by us.

Where fees are not paid via direct debit for any reason, payment is due in full for all engagements 14 days from issue of Invoice.

If the amount payable on the Invoice is not paid within 30 days of the date of that Invoice, then interest will be payable by you on the total unpaid amount calculated 30 days from the date of the Invoice until the actual date of payment at the rate of 24% per annum calculated daily.
Some of the Dialpad Services provided by Untangled ICT as an authorised reseller are currently free, but both Untangled ICT and Dialpad reserve the right to charge for certain or all Services in the future.

We will notify you before any Services you are currently using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services from that date onwards.

If you choose to sign up for any Untangled or Dialpad Services that carry a fee you will be charged the then current fees for such paid services. Untangled ICT has fixed AUD pricing arrangements in place with Dialpad. These prices are subject to change and if they do change you will be notified and will become obligated to pay those revised fees from that date. Unless otherwise agreed, all fees paid to Untangled ICT are non-refundable.

Upon termination of your account with Untangled or Dialpad for any reason, all unused calling credits and international calling credits shall expire in their entirety on the termination date. No refund, transfer or proration shall be made of any unused calling credits, additional credits, promotional credits, or international calling credits or of any remaining periods/months on any account.

You agree to advise and notify us of any changes to your payment method, such as changed to your nominated bank account. If a credit card or other payment method used for your Account is declined or fails for any reason, Untangled ICT will use reasonable efforts to contact you and advise you of the failed billing attempts. Notwithstanding the foregoing, Untangled ICT reserves the right to notify Dialpad to disconnect your Service and terminate your account if your payment method on file is declined or fails for any reason, and Untangled ICT reserves the right to continue to attempt charging your nominated account or credit card for any outstanding Service charges and additional fees and pursue any other legal remedies available to recover any outstanding amount owed to Untangled ICT.

Time is of the essence for all payments. Therefore, you agree to pay us interest at the lesser rate of (a) 24% per annum or (b) the highest rate allowed by law for any amounts unpaid as of the due date. Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of Untangled ICT’s rights to collect the full amount due.

Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorate the charges to your account.
You must dispute any charges for the Services in writing to Untangled ICT within twenty five (25) days of the date of the charge by Untangled ICT or any of our service providers including Dialpad. If you fail to provide a written statement explaining in reasonable detail your reasons for disputing the charge within such time period, you hereby irrevocably waive any objection and further recourse with regard to such charges. Written statements disputing charges must be sent to support@untangledict.com.au.

TAXES

In addition to any prices quoted, the customer agrees to pay the amount equal to any taxes resulting from any invoice, or any activities hereunder exclusive of taxes based on net income. Any personal property taxes assessed on the supplies after delivery by the carrier will be borne by the client. GST is added to the prices were applicable

CHANGES TO YOUR SUBSCRIPTION

Changes or modifications to subscriptions need to be requested via email to support@untangledict.com.au, this includes but is not limited to any modifications to numbers, licences, users or rooms. Should you wish to change or modify your subscription during a billing cycle Untangled ICT will not pro-rate your bill and the full monthly subscription will be charged. Therefore, any additional subscriptions added during a billing cycle will incur the full monthly fee, conversely, if you remove a subscription during a billing cycle the billing update will take effect from the start of the next bill cycle.

Failure to notify Untangled ICT of any changes to your subscription will result in billing not being updated accordingly and Untangled ICT will not be responsible for any charges that have occurred prior to the date of notification. Once Untangled ICT have been notified the standard non pro-rated billing as per the above will take place. In the event where you increase your subscription and do not notify Untangled ICT, you acknowledge that Untangled ICT will incur charges on your behalf for the increase via the supplier “Dialpad” and that Untangled ICT reserve the right to add these to your future bills at the applicable rates.

TERMINATION OF SERVICES

In the event of Termination of an Untangled ICT contract service with a selected payment over time option, a customer will be charged a termination of contract fee.

All services relating to bundles are delivered upfront by Untangled ICT and therefore an early termination charge (ETC) will be calculated by the remaining months of the contract multiplied by 100% of the monthly commit at the requested time of termination; the ETC will then be billed in a single invoice.

Untangled will deliver a final Tax Invoice regarding any delivered Hardware or delivered services that have not been invoiced at the date of termination. Upon termination of your account, all confidential information associated with your account will be deleted or destroyed in accordance with the Privacy Policy.

LIMITATION OF LIABILITY

Subject to the forgoing Untangled ICT liability to the customer for any cause what so ever and regardless of the form of the action whether in contract or tort including negligence shall be limited to actual damages up to an amount equal to the greater of the purchase price of the items causing the damage or $1000.

Under no circumstances will Untangled ICT be liable for any lost profits or other consequential damages arising out of the use of or inability to use the supplies even if Untangled ICT has been advised of the possibility of such damages.

The foregoing limitation of liability will not apply to the payment of cost and damages awards for personal injury or damage to personal property caused by Untangled ICT’s negligence.

GENERAL

If any provisions of this these Terms of Service should be held to be unenforceable the remaining provisions shall not in any way be affected or impaired thereby. No action arising out of this order may be brought by either party more than three years after the cause of action arose except for non-payment. Untangled ICT is not responsible for failure to fulfil its obligations including delivery due to strikes, fire, flood or any other cause whatsoever beyond its reasonable control.

MODIFICATIONS AND UPDATES TO TERMS

These Terms of Service may need to change along with the Services provided. We reserve the right to change the Terms of Service at any time, but if we do, we will bring it to your attention by either placing a notice on our website, by sending you an email, and/or by some other means. If you don’t agree with the new Terms of Service, you are free to reject them by discontinuing your use the services.

However, in terminating your service you are obligated to pay out any outstanding contracted amounts owing to Untangled ICT at that time. Unfortunately, that also means you will no longer be able to use the Services including any Dialpad services from that time. Your use of the Services in any way after a change to the Terms is effective and serves as your acceptance of and agreement with any such changes.

DIALPAD TERMS OF USE

Untangled ICT is an authorised reseller of Dialpad. All of the rules and restrictions that govern your use of any and all Dialpad services including website(s), products, services and applications, which include, but are not limited to, UberConference, Dialpad Talk, Dialpad Support, and Dialpad Sell (the “Services”) that you order directly through our website are incorporated into the Untangled ICT terms of services. For the avoidance of doubt, to the extent that any terms of the Dialpad Terms of Service differ to the Untangled ICT terms of Service Untangled ICT will determine which Terms apply at its absolute discretion. Any amount owing under the Dialpad terms of service are automatically owing under
Untangled ICTs terms of service also.

The Dialpad Terms of service are available here https://www.dialpad.com/legal/

Ready to make the call?

Speak to us today and untangle your business.