Terms and Conditions Services Agreement,
CloudedFone Mobile Application Terms and Conditions of Use
and
Acceptable Use Policy

Clouded Communications PTY LTD
ABN: 1961 0305 621  
    

Updated 2017

   
   
Clouded Communications Pty Ltd, Terms and Conditions of Use

1. TERMS OF SERVICE
1.1. These terms of service constitute the agreement between Clouded Communications PTY LTD (we or us) and the end user (you, your or customer). By activating or using any of the services, you represent that you are authorized to enter into this agreement and that you have read and understood the terms and conditions of this agreement.
1.2. Additional terms may apply to your use of some of our services. If so, we will tell you what those terms are. If there is any conflict between these terms and any additional terms, the additional terms will prevail.

2. OUR SERVICES
2.1. We are not obliged to provide services unless we accept your application. We can decide whether or not to accept any application.
2.2. You understand that the VoIP service is not a traditional phone service and is provided on a best efforts basis. We will use all reasonable endeavours to make our services available to you at all times, however things beyond our control such as power outages or the performance of your IP connection to our service may disrupt the service we provide.
2.3. You accept that our services are not required to support emergency calls.
2.4. Unless otherwise agreed, we do not provide or support your internet connection. You accept that Clouded Communications might not be compatible with non-voice communications equipment such as alarms, fax machines, Alarms.

3. CHARGES AND PAYMENT
3.1. To use our payable services, you must have a credit balance on your account and agree to use the provided Credit Card deposit facilities to deposit a credit balance onto your account. This can be done online at https://login.cloudedcomms.com.au
3.2. We reserve the right to change our rates from time to time and if we increase any rates we will give you as much notice as reasonably possible. The latest rates are available on our website http://cloudedcomms.com.au
3.3. You are responsible for your account and must pay our charges regardless of whether you or someone else uses those services.
3.4. If you wish to raise a billing dispute you must notify us in email within 30 days of your account being debited or you will be deemed to have waived your right to a refund.
3.5. REFUND POLICY No refunds will be provided for any unused credit balances. A credit balance for an account that has been inactive for 3 months will be lost. Clouded Communications will refund call charges if it can be demonstrated that the customer has been incorrectly charged. If a customer upgrades or downgrades the service plan, there is no refund for the portion of the monthly and DID fees. For an existing clouded Communications customer to change the service plan/account, the changed service/plan shall be treated and charged as a new and separate service.
3.6. All rates and fees are in AUSTRALIAN DOLLARS. We reserve the right to change our rates from time to time and if we increase any rates we will give you as much notice as reasonably possible. The latest rates are available on our website www. cloudedcomms.com.au
3.7 All talk plans expire in 1 month and minutes do not roll over.


4. USING OUR SERVICES
4.1. You must not use our services (or permit our services to be used) in a way that: breaks any laws or infringes anyone’s rights or in a way which is malicious, obscene or offensive.
4.2. You agree to provide us with accurate and correct information so we can provide you with the necessary services or contact you if required from time to time.
4.3. We can suspend or restrict the services we provide you at any time if:
1)you resell any of our services;
2) you do not use the service sensibly and within our reasonable use guidelines set out in 4.4 below;
3) we believe that you have breached any of our terms and conditions.
4.4. Unlimited local and worldwide minutes on Clouded Communications plans are available on the on request and on the basis of reasonable use. If you use the service in a way that is inconsistent with the normal use for your service or plan, we may:
4.4.1. Monitor and investigate your usage; and
4.4.2. Suspend and/or withdraw the Service; or
4.4.3. Charge our standard per minute rate for additional calls
4.5. You must keep secure any password or PIN number which is used by you to access our services and ensure that is it not disclosed to any unauthorized person. You must also change your password or PIN number if we ask you to do so.
4.6. If your service is cancelled, terminated or reallocated you will relinquish and discontinue use of any numbers, voicemail access numbers and/or web portals assigned to you by Clouded Communications.

5. PHONE NUMBERS
5.1. Any phone number that we allocate to you does not become your property and does not constitute any transfer of property rights.
5.2. If we need to change your number, we will send you notification by email and give you as much notice as possible.
5.3. We can withdraw or terminate any number at any time without liability.
5.4. You may be able to port your Clouded Communications number to another service provider. If you wish to do so you must contact the other service provider directly and you will be responsible for completing the Porting requirements of that service provider. We will comply with our obligations under the Terms for Local and Mobile Number Portability in relation to the porting of your number. You will be responsible for all costs associated with porting the number.
5.5. If your account is inactive for more than 6 months or disconnected and you have not ported the associated phone number(s), we may at our sole discretion reallocate the number(s) associated with your account.

6. TERMS
6.1. We can terminate this agreement, or the provision of any service to you, immediately if you breach any term of this agreement or if we reasonably believe that you have supplied incorrect or misleading information to us.
6.2. If this agreement is terminated for any breach or misuse of the service, you are not entitled to a refund for any credit balances on your account, unless agreed otherwise.
6.3. In order to terminate your service, you must email us at the following address customerservice@cloudedcomms.com.au. Termination will not take effect until the end of your current prepaid month.

7. LIABILITY
7.1. We exclude all of our liability to you in connection with us providing services to you or failing to provide services to you. Without limiting this, we are not liable to you (and nor are any of our officers, employees, contractors or agents liable to you):
7.1.1) if any communication is intercepted, not properly transmitted or received;
7.1.2) for any disruptions or delays with the use of our services;
7.1.3) for any incompatibility with other services;
7.1.4) if any software we supply does not operate properly; and
7.1.5) for any equipment or network failures.
7.2. We are not liable to you for any fault in, delay or non-provision of services which is caused by an event beyond our reasonable control.
7.3. If you use another service provider during any period when our service is not fully operational, we are not liable to pay any amount you are charged by that service provider.
7.4. You acknowledge that no third party whose network or services we use to supply services to you (nor any officer, employee, contractor or agent of such third party) is in any way liable to you in connection with our services.
7.5. We are not liable for any termination or administration fees charged to you by a losing carrier when you move your service to our network.
7.6. Nothing in this clause limits any rights you have under the Consumer Guarantees Act.

8. PRIVACY
8.1. We will collect personal information from customers to provide and provision services, including but not limited to name, physical address, email address, contact phone number and credit card information.
8.2. Any personal information we collect is kept at our offices. You are entitled to see any information we hold about you, although you must pay our reasonable charge for making it available.
8.3. Except where we provide private encrypted links, when transmitting voice and other communications via the public internet and third party networks we are not liable for any lack of privacy with the service.

9. CHANGING THESE TERMS
9.1. We can change these terms from time to time by altering the version available on www.cloudedcomms.com.au

10. NOTICES
10.1. Clouded Communications will communicate with you primarily via email. Notices to you will be sent to the email address specified by you during sign up for service or as subsequently specified by you as your contact email address. We may also obtain personal information from your use of our services.
10.2. If your contact email address changes you must advise us of the new details as soon as possible.
10.3 You agree that sending a message to your contact email address is the agreed means of providing notification. Notifications include information about the service, billing, changes to services and other information. You are required to read any email sent to your contact email address in a timely manner to avoid any potential disruption to your service.

11. OTHER MATTERS
11.1. You must not assign your rights under this agreement. We can transfer our rights and obligations under this agreement to anyone else. We will notify you if we do so.
11.2. A delay in exercising any right is not a waiver of that right. A failure to exercise a right on any occasion does not prevent any subsequent exercise of that right.

   
CloudedFone Mobile Application Terms and Conditions of Use
 
 
By downloading any application developed by Clouded communications (here after referred to as “The Company”), installing or using this application or any portion thereof (“Application”), you agree to the following terms and conditions (the “Terms and Conditions”).
 
1. USE OF APPLICATION
a. The Company grants you the non-exclusive, non-transferable, limited right and license to install and use this Application solely and exclusively for your personal or business use.
b. You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application).
c. You agree that you are solely responsible for (and that The Company has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the Terms and Conditions, and for the consequences (including any loss or damage which The Company may suffer) of any such breach.


2. PROPRIETARY RIGHTS
You acknowledge that (a) the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) The Company and/or third parties own all right, title and interest in and to the Application and content, excluding content provided by you, that may be presented or accessed through the Application, including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application or content that may be presented or accessed through the Application for any purpose, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application, (iii) use the Application to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter The Company’s or any third parties copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.


3. THE COMPANY TERMS OF SERVICE AND PRIVACY POLICY
a. The Company’s Privacy Policy (located at http://www.cloudedcomms.com.au/privacy) explains how The Company treats your information and protects your privacy when you use the Application. You agree to the use of your data in accordance with The Company’s privacy policies.
b. The Application may contain features that are used in conjunction with The Company’s search and other services. Accordingly, your use of such features of the Application is also governed by The Company’s Terms and conditions located at http://www.cloudedcomms.com.au/terms, which may be updated from time to time and without notice.


4. TERMINATION These Terms and Conditions will continue to apply until terminated by either you or The Company as set forth below. You may terminate these Terms and Conditions at any time by permanently deleting the Application from your mobile device in its entirety. Your rights automatically and immediately terminate without notice from The Company or any Third Party if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Application.


5. INDEMNITY To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless The Company, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Application, including your downloading, installation, or use of the Application, or your violation of these Terms and Conditions.


6. DISCLAIMER OF WARRANTIES
6.1. You expressly understand and agree that your use of the application is at your sole discretion and risk and that the application is provided as is and as available without warranty of any kind.
6.2. You are solely responsible for any damage to your mobile device, or other device, or loss of data that results from such use.
6.3. The company further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, with respect to the application.
6.4. The application is not intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other activities in which the failure of the application could lead to death, personal injury, or severe physical or environmental damage.


7. LIMITATION OF LIABILITY
You expressly understand and agree that the company, its subsidiaries and affiliates, and its licensors are not liable to you under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by you through your use of the application, including any loss of data or damage to your mobile device, whether or not the company or its representatives have been advised of or should have been aware of the possibility of any such losses arising.


8. MISCELLANEOUS
8.1. These Terms and Conditions constitute the entire Agreement between you and The Company relating to the Application and govern your use of the Application, and completely replace any prior or contemporaneous agreements between you and The Company regarding the Application.
8.2. The failure of The Company to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to The Company.
8.3. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.
8.4. The rights granted in these Terms and Conditions may not be assigned or transferred by either you or The Company without the prior written approval of the other party. Neither you nor The Company are permitted to delegate their responsibilities or obligations under these Terms and Conditions without the prior written approval of the other party.
8.5. These Terms and Conditions and your relationship with The Company under these Terms and Conditions will be governed by the laws of Australia. Notwithstanding this, you agree that The Company will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. 
8.6. The application may have bugs which may include but are not limited to call drops, GSM call interruption when using the app, your Cloudedfone call is placed on hold, in some cased we have had reports of a cloudedfone caller on hold being able to hear the GSM call.


By Downloading our application, you agree to and accept all the above mentioned terms.