Fair Use Policy.

1.       Application of this policy

a.  This policy applies to Amcom’s Business Phone services and aims to ensure that Amcom provides quality services to all of its customers and that no customer is disadvantaged by the conduct of others.

b.  In doing so, this policy ensures that all customers do not use Amcom’s services in an excessive or unreasonable manner.

c.  Amcom has the right to vary the terms of this Fair Use Policy at Amcom’s sole discretion from time to time. Please visit website smallbusiness.amcom.com.au for the most current Fair Use Policy.

d.  Amcom may rely on its Fair Use Policy where any customer’s usage of the services is excessive or unreasonable.

e.  In this policy:

Service means Amcom’s IP Tel service that is provided by Amcom Pty Ltd or its related bodies corporate (as defined in the Corporations Act 2001).

2.       Excessive use

a. Amcom considers use of the Service to be excessive where the Customer’s total Local and National call duration exceeds 1200 minutes per handset, per month (which is approximately 3 or more times the average of Amcom’s customer base).

b. The Customer agrees and accepts that Amcom monitors call duration.

3.       Unreasonable use

a. Without prejudice to Amcom’s rights under the relevant service agreement between Amcom and the Customer, Amcom may suspend or cancel the Customer’s service where Amcom considers the Customer’s use of the Service unreasonable.

b. Amcom considers use of the Service to be unreasonable in circumstances which include, without limitation, the following:

                            i.  Any activity which is considered by Amcom, in its sole discretion, to be fraudulent or to adversely affect Amcom’s telecommunications network, the telecommunications network of Amcom’s suppliers, or another customer’s use of or access to the Service including, without limitation, unauthorised access to Amcom’s telecommunications network, the telecommunications network of Amcom’s suppliers, or another customer’s Service.

                         ii. If the Customer uses the Service for Commercial Purposes without Amcom’s prior written consent. Commercial Purposes include, without limitation, the following activities:

A. Wholesaling any service on Amcom’s telecommunications network; or

B. Using the Service in connection with a device that switches or reroutes calls to or from Amcom’s  telecommunications network or the telecommunications network of Amcom’s suppliers.

4.       Breach of policy

a.     If Amcom considers that the Customer is likely to breach this Fair Use Policy, Amcom may notify the customer that a breach may occur.

b.     In the event Amcom considers use of the Service to be excessive or unreasonable or otherwise in breach of this Fair Use Policy, Amcom may contact the Customer to change the Service including the charges payable, or request that the Customer reduce or cease use of Service in the relevant excessive or unreasonable manner.

c.     If Amcom considers that use of the Service continues to be excessive or unreasonable, or if the parties are unable to agree to the changes to the Service, Amcom may, in its sole discretion, without liability:

                            i.   suspend or restrict the Service (or any part of it) for any period Amcom thinks fit; or

                            ii.  cancel the service by providing 30 days written notice to the Customer.