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*Unlimited Local, National and Mobile Call Plan and Fair Use Policy

Call Plan Summary

  1. The Unlimited Local, National and Mobile Call Plan provides the following:

    1. For the duration of the Cloud subscription purchased
      1. Calls made to Local and National destinations will be charged at $0.00
      2. Calls made to Mobiles within Australia will be charged at $0.00
      3. Additional charges may apply for call volume over 2000 outbound calling minutes per user per month (pooled across the organisation)
      4. Additional charges may apply for call volume over 20 outbound calls to 13/1300 numbers per user per month (pooled across the organisation)

Fair Use Policy

  1. Our Fair Use Policy applies to Services which are stated to be subject to the Fair Use Policy (“Fair Use Services”).
  2. Our Fair Use Policy is intended to ensure:
    1. the availability of Our Services to all eligible Customers; and
    2. that the Fair Use 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 the Fair Use Services is unreasonable, as defined below.
  5. Unless otherwise indicated, capitalised terms used in this Fair Use Policy have the meanings given to them in Our Agreement with You.

Unreasonable Use

  1. It is unreasonable use of a Fair Use Service where Your use of the service is reasonably considered to:

    1. be fraudulent;
    2. involve a non-ordinary use;
    3. cause significant network congestion, disruption or otherwise adversely affect the network, a supplier’s network; or
    4. adversely affect another person’s use of or access to the Fair Use Services, the network or a supplier’s network.
  2. Without limitation:

    1. Fraudulent use includes resupplying or reselling a Service without written consent so that someone else may access, use or commercially exploit a Fair Use Service;
    2. 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:
    3. usage for running a telemarketing business or call centre; and
    4. usage with handsets, auto-dialler devices or software or other equipment that have not been approved by Us for use
    5. usage to menace, harass or injure any person or damage anything;
    6. usage in connection with an infringement or committing an offence against any law, standard or code; or
    7. any other activity which would not be reasonably regarded as ordinary use in relation to the Fair Use 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:

    1. suspend or limit the Service (or any feature of it) in accordance with Our Agreement with You; and/or
    2. terminate the Service in accordance with Our Agreement with You.
  2. This policy is supplementary to and does not limit any of Cytrack’s rights.

You further understand and agree that your use of the Services is subject to all applicable local, state, national, and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising). All unlimited Services may only be used for normal business use and exclude international calling to countries, which is available for an additional fee. Unlimited Services also may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses applicable to all Services): trunking or forwarding your Cytrack number to (an)other phone number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system; spamming or blasting (e.g., sending one hundred (100) or more bulk and/or junk voicemail simultaneously); bulk call-in lines (e.g., customer support or sales call centers not provided by Cytrack, “hotlines”, 13/1300 numbers, sports-line numbers, etc.); and auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place outbound calls). In addition, unusually high usage of the Services may impair Cytrack’s ability to provide high quality Services to others and/or indicate unauthorized use of the Services, in which case, Cytrack may suspend or terminate your Account or, upon prior notice. Cytrack reserves the right to add to, modify or amend this Fair Use Policy at any time for any reason at its sole discretion.