This Fair Use Policy (“Policy”) applies to the use of cloud communication solution Levit8-CX state of the art 3CX Cloud Phone System.

This Policy is intended to ensure the responsible, fair and reasonable use of Levit8-CX Hosted PBX unlimited packages (the “Service(s)”) by all Clients and any other users of the Service (collectively, the “User(s)”), and to enable Levit8 Business IT Solutions (the “Service Provider”) to provide Users with reliable, secure and efficient Services.

By contracting for or using the Service, in addition to any other agreements Users have entered into with the Service Provider, Users agree to be bound by the terms of this Policy.

The Service Provider reserves the right to modify this Policy at any time without prior notice and any use of the Service after such modification constitutes acceptance of the Fair Use Policy as revised.

General Information

Users must not use the Service in an excessive, unreasonable or fraudulent manner, or in connection with any dialler software equipment.

Users are solely and fully responsible for the use of the Services through their account and for all risks associated with the content Users disclose, host, create, access, or transmit using the Services.

The use of the Service in any manner that is inconsistent with the terms of this Policy may impact the quality and reliability of the Service, therefore, Users must ensure compliance with the terms of this Policy at all times, including whether the use of the Services was or not authorised by the User at a certain time.

Fair and Reasonable Use

Unlimited calling packages are designed for standard commercial use by businesses engaged in normal trading activities and are not designed for active outbound call centers that utilise dialler software. Users are not allowed to use such device without approval from the Service Provider.

The Services are also not intended to represent typical usage by unique organisations such as resellers, fax messaging services, telemarketing firms, or for use without live dialog, such as transcription services, intercom and monitoring services.

Unauthorised use or excessive use, beyond that normally expected by the Service Provider and/or experienced by the User, violates this Policy and may cause extreme over usage of network capacity and congestion issues. Such network interference may impact the Service Provider’s supply chain and affect calls connection and call integrity, as well as the initiation and completion of the Services.

Users are expected to only make permissible uses of the Services, and to prevent fraud, exploitation and abuse of the unlimited packages offered by the Service Provider.

Unacceptable Use

The Service must be used for lawful purposes only and in a manner consistent with the intended purpose of the Service. Users shall not use the Service to transmit, receive, use or store any type or kind of material in violation of any local, state, federal or international laws or regulations.

Users must not resell or commercially exploit the Service.

In addition to the above, Users must not use or try to use the Service in a way which:

  1. Infringes, misappropriates or otherwise violates the intellectual property rights of the Service Provider or any third party.
  2. Violates privacy of others.
  3. Secretly or deceptively obtain personal, confidential or financial information of others (e.g. voice phishing).
  4. Results in the publication of threatening, harassing, abusive, defamatory or offensive material to the health or safety of others.
  5. Endangers a person or damage property.
  6. Compromises the security or safety of the Service.
  7. Constitutes a cyber security risk to third parties (e.g. malware and viruses).
  8. Causes network congestion or is otherwise adversely affecting the networks used to supply the Service.
  9. Causes another User’s use of the Service to be diminished or disrupted.
  10. Is excessive compared with normal network traffic patterns.
  11. Facilitates or allow unauthorised access to or control of, or to conduct unauthorised monitoring of, any equipment, system, network, accounts or private or confidential information of others.
  12. Is involved in the sending of Usenet, or to send or cause the sending of Usenet.
  13. Configurates direct marketing and violates the Australian Privacy Principle 7 (APP 7), Do Not Call Register Act 2006 (DNCR Act) or Spam Act 2003 (e.g. voice spam).
  14. Configurates bulk call-in lines (e.g. customer support or sales call centers, “hotlines,” 900 numbers, sports-line numbers, etc).
  15. Configurates auto-dialing or “predictive” dialing (e.g. non-manual dialing or using a software program or other means to continuously dial or place out-bound calls).
  16. Allows more than one user to use a single VoIP line.
  17. Enables trucking or forwarding of a VoIP number to another phone number or numbers capable of handling multiple simultaneous calls, or private branch exchange (PBX) or a key system.
Security

Users agree to take reasonable steps to keep secure any equipment and infrastructure they use in connection with the Services to ensure that unauthorised access to the Service does not occur.

Passwords and account details must be kept confidential.

Users shall install and keep up to date antivirus and firewall software and ensure and maintain security of their systems and the devices that connect to and use the Services, including implement all necessary patches and operating system updates.

Reasonable security precautions must always be kept in place by Users to prevent violations of this Policy.

Fair Use Policy Enforcement

Failure in complying with the guidelines set forth in this Policy may result in the Service Provider taking actions. Depending on the circumstances involving the failure in complying with this Policy, the Service Provider may notify the User and allow them to promptly correct the violation, however, the Service Provider actions may be anything as a warning or termination of the Services, for example.

The Service Provider reserves the right to review Users’ accounts at any time to investigate potential abuse of this Policy and will evaluate abnormal or abusive usage based on comparisons to the usage patterns of other Users and on data collected from User’s usage of the Services preceding abnormal or abusive use.

If it is determined by the Service Provider that a User has violated this Policy, the Service Provider may, at its sole discretion, either suspend the Service without notice, change User’s phone system package to a different category rate without User’s written consent, issue User with an excess usage bill, change the billing system from unlimited usage to PAYG usage without User’s written consent, or immediately cease providing Services to the User.

Disclaimer

The Service Provider has no responsibility for any material created or accessed using the Services.

This Policy can be enforced by the Service Provider where reasonably considered that a User has used the Service in a way that is inconsistent with the terms of this document.

If the Service Provider enforces this Policy by either suspending the Service; changing User’s phone system package to a different category rate; or ceasing providing Services to the User, the Service Provider will not be liable for any kind of loss; costs; damages; expenses; liability; or inconvenience incurred, paid or suffered by the Client or by any third party, directly or indirectly, resulting in whole or in part from the Service Provider’s exercise of its rights under this Policy.

Published on 20th November 2019