Terms & Conditions
These Terms and Conditions (“Agreement”) govern the provision of telecommunications services by Athena Networks Pty Ltd (“Athena Networks,” “we,” “us,” or “our”) to the customer (“Customer,” “you,” or “your”). By using our voice, data and cloud services, you agree to be bound by the terms of this Agreement.
1. Services Provided
Athena Networks provides telecommunications services, including but not limited to:
- Voice Services (VoIP): Internet-based voice services that enable voice communication using Voice over Internet Protocol (VoIP).
- Data Services: Internet connectivity services, including but not limited to National Broadband Network (NBN), Fibre, and other data transmission services.
- Cloud Services: Services hosted in our private cloud, including but not limited to MaaS (Mail as a Service/Transactional Mail Relay), PaaS (Platform as a Service), Cloud PBX, Virtual Servers and Hosted Infrastructure.
2. Service Activation
The services are activated upon successful installation and configuration of the necessary equipment at the Customer’s premises. Service activation may be subject to network availability and other technical factors. Athena Networks will inform the Customer of expected service delivery times.
3. Term
This Agreement commences on the service activation date and will continue for the term specified in the service order, typically 12, 24, or 36 months, unless terminated in accordance with these terms.
4. Charges and Billing
4.1 Service Charges: Fees for services are based on the rates outlined in the Customer’s service order or quote.
4.2 Billing: Billing will occur on a monthly basis unless otherwise specified. All charges are due and payable within 14 days from the date of the invoice.
4.3 Late Payment: Any amount not paid by the due date may incur a late payment fee. Athena Networks reserves the right to suspend or terminate services for unpaid invoices after reasonable notice.
5. Installation and Equipment
5.1 Installation: The installation of services may require equipment provided by Athena Networks or a third-party provider. The Customer agrees to allow access to their premises for installation and maintenance.
5.2 Equipment: Equipment provided by Athena Networks remains our property unless otherwise agreed. The Customer is responsible for maintaining the equipment in good working condition. Any loss, damage, or theft of the equipment may result in additional charges.
6. Usage and Service Limitations
6.1 Acceptable Use: You agree to use our services in compliance with all applicable laws and regulations. You must not use the services for any unlawful, harmful, or fraudulent activity.
6.2 Fair Use Policy: Voice and data services are subject to our Fair Use Policy. Excessive or unreasonable use of the service may result in reduced speeds, restricted access, or additional charges.
6.3 Service Interruptions: While Athena Networks strives to provide uninterrupted service, we do not guarantee that the services will be free from interruptions, delays, or outages. Planned outages for maintenance will be communicated in advance.
7. Support and Maintenance
Athena Networks offers technical support during standard business hours. Urgent support for service outages will be provided on a 24/7 basis. The Customer agrees to cooperate with our support team and provide reasonable access to premises if needed for troubleshooting.
8. Termination
8.1 Termination by Customer: The Customer may terminate the Agreement by providing 30 days’ written notice after the initial contract term. Early termination may incur cancellation fees.
8.2 Termination by Athena Networks: We may terminate or suspend your services without notice if you breach any term of this Agreement, fail to pay any amount owed, or engage in unlawful activities.
8.3 Effect of Termination: Upon termination, all outstanding charges and fees become immediately due and payable. The Customer is also responsible for returning any equipment provided by Athena Networks in good condition.
9. Limitation of Liability
9.1 No Warranty: The services are provided on an “as is” and “as available” basis. Athena Networks does not guarantee continuous, uninterrupted, or error-free service.
9.2 Liability: To the maximum extent permitted by law, Athena Networks’ liability for any claim, whether in contract, tort, or otherwise, is limited to the amount paid by the Customer for the services during the 12 months preceding the claim.
9.3 Consequential Loss: Athena Networks is not liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, loss of data, or interruption of business.
10. Privacy
Athena Networks collects and processes personal information in accordance with our Privacy Policy. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.
11. Amendments
Athena Networks reserves the right to amend these terms and conditions at any time. We will notify the Customer of any changes 30 days prior to them taking effect. Continued use of the services after this period constitutes acceptance of the new terms.
12. Governing Law
This Agreement is governed by and construed in accordance with the laws of [Insert Jurisdiction].
13. Dispute Resolution
Any disputes arising under this Agreement will first be attempted to be resolved through good faith negotiations. If the parties are unable to resolve the dispute, it may be referred to mediation or arbitration.
14. Force Majeure
Athena Networks will not be liable for any failure to perform due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of terrorism, labor strikes, and network outages.
15. Severability
If any part of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
16. Entire Agreement
This Agreement, together with any service orders or quotes, constitutes the entire agreement between Athena Networks and the Customer regarding the services provided.