In these conditions Waytec means Waytec Australia Pty Ltd  ABN 15 077 997 276 (T/s Weitech Information systems) and reference to the customer means the person or company or partnership with whom Waytec enters into the contract for the sale of goods and/or the supply of services.

1. Payment Terms
Our company’s payment terms are “Cash in Advance” and Credit Card payment, We accept Visa / Master / Amex /Bank card or direct bank deposit.

2. Placing Orders

Regular orders
All orders placed with Waytec are accepted on the basis of the policies and procedures outlined herein.

Special orders
The special order items that are not included in the price list or those items which Waytec will inform customers of are termed “special orders”. These special orders are non-cancelable and Waytec reserves the right to require an advance deposit.

GST
All orders placed with Waytec are subject to 10% goods and services tax.

3. Delivery and risk
While Waytec shall use all reasonable endeavors to meet agreed delivery dates, it shall not be liable to the customer for any loss or damage whatsoever should it be delayed or prevented from delivering goods, supplying services or otherwise performing any of its contractual obligations due to cause or circumstance of any kind whatsoever.

4. Freight
Freight is not included in the selling price. Waytec arranges the delivery via its own courier. The freight is varying according to the urgency and location of the customer. Waytec will inform customers the exactly freight before the shipment.

5. Retention of Title
Waytec shall retain title in the goods supplied to the customer until it has received payment in full for them.

6. Return of goods
An RMA (Return Material Authorization) number must be obtained from Waytec for any returns. Returns must be shipped in such a manner so that they can easily be traced. The RMA number must be shown on the outside of the package.

The issue of an RMA number is for stock and identification purposes and does not constitute an acceptance of goods for the purpose of credit or replacement.

All goods being returned for replacement or credit must be sent by courier or registered post for tracking purposes.

Customers pay the freight charges for goods sending back for warranty. Waytec will pay freight of goods shipped back to the customer.

If goods returned were not supplied by Waytec, or upon testing prove not to be faulty, the customer will be charged the costs of the freight to ship the product back to the customer.

Warranty periods apply on the basis of the particular goods. Please ask your Waytec representative.

Waytec will accept returns for credit up to 7 days from the date of the invoice. Waytec reserves the right to charge a restocking fee when returns for credit are accepted. Waytec will only accept returns due to acceptable reason as agreed with Waytec staff. Goods returned for credit must be shipped at the customers expense unless otherwise arranged with a Waytec representative. Special order product will not be accepted for credit. Goods returned used, damaged or with broken seals will not be accepted for credit.

7. Claims
The customer shall inspect all goods supplied upon delivery and Waytec shall not be liable for shortages or other errors in delivery unless the customer submits a claim within seven days of delivery.

8. Warranty
Waytec warrants that goods sold by it are free from defects in materials and workmanship for life of the product. Waytec shall under no circumstances be liable in any way whatsoever to the customer for any form of loss, damage or expense sustained or incurred by the customer or any other party in consequence of or resulting directly or indirectly out of the supply of goods or services by Waytec.

9. Jurisdiction
The construction, validity and performance of any contract incorporating, these conditions should be governed by the laws of the State of New South Wales and the customer shall submit to the jurisdiction of the Courts of that state.

 Term & Conditions of VoIP service and devices

These Terms of Service constitute the agreement (“Agreement”) between Waytec Australian Pty Ltd ABN 15 077 997 276 and the user (“you, “user” or “Customer” of Waytec’s SIP service and /or any other broadband voice services (“Service”). This Agreement covers both the Service and any SIP device, including but not limited to IP phone, SIP softphone, SIP Hardware Adapter, Analog Telephone Adapter or any other IP connection device, (“Device” or “Equipment”) used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement. You acknowledge that you are of legal age to enter this Agreement and become bound by its terms. 

1.      GENERAL ISSUES

 1.1.   Waytec shall provide you the Service with minimum disruptions. Waytec cannot guarantee that the Service will always function without disruptions or delay. As the service is transmitted through public Internet line and the public switched telephony network, you understand that you may experience some disruptions in the Service, e.g. packet loss and delay.

1.2.   Waytec is entitled, without any liability, to refuse, limit, suspend and/or interrupt the Service, for any reason whatsoever, at its own discretion and without any notice to you.

1.3.   You acknowledge and understand that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement )exist between telephone service and the Service offering provided by Waytec

1.4.   You acknowledge and understand that the Service does not function in the event of power failure, or in the event of outage or termination of your Internet service by your Internet service provider (“ISP”).

1.5.   While we encourage use of the Service within Australia and other countries, Waytec does not presently know the full legal regulations of the use of the Service in other countries. If you use the Service in any other country outside of Australia, you do so at your own sole risk, including the risk that such activities violates local laws in the country where you do so. Should you use the Service outside of Australia and violate any law or regulation, you will be solely liable for such violation and agree to indemnify and hold harmless Waytec against any and all liability for such violation

2.      LAWFUL USE OF SERVICE AND DEVICE

 2.1.   You agree to use the Service and Device(s) only for lawful purposes. You agree to indemnify, hold harmless and defend Waytec at your expenses, against any and all third-party claims, actions, proceeding and costs, including but not limited to reasonable attorney fees, incurred by Waytec arising out of or relating to your violation of the Terms of Service, the agreement, applicable law, or rights of any third parties and /or the misuse of the Service.

 3.      EMERGENCY CALLS

 3.1.   You acknowledge and understand that the Service does NOT support emergency 000 dialling (in Australia) or access to emergency services in your local country. You agree to inform any household residents, guests and other third persons who may be present at the physical location where you utilise the Service of the non-availability of traditional Emergency dialling from your Waytec Service and Device(s).

 4.      GENERAL WAYTEC SIP ACCOUNTS

 4.1.   Waytec will provide you a SIP Number and Password to use the SIP-to-SIP Prepaid Account.

4.2.   You are solely responsible for maintaining the confidentiality of your Password. You are responsible and liable for all activities conducted through your SIP Number and Password.

4.3.   You agree to notify Waytec immediately, in writing or by calling the Waytec customer support line, if you are aware that your Waytec SIP password and /or Waytec Prepaid Minutes account PIN has been stolen or if you become aware at any time that your Service is being stolen or fraudulently used. Until such time as Waytec receives notice of the theft or fraudulent use, you will be liable for all charges associated with the use of the Service or fraudulent use of the Service.

4.4.   Waytec reserves the right to change your SIP Number or Password if this is in the interest of the functioning of the Service or to prevent fraudulent use of the Service.

 5.      WAYTEC PREPAID ACCOUNTS

 5.1.   In order to use Waytec Prepaid Minutes Account, you must open a prepaid account with a credit balance by credit card, recharge voucher, or other means which may be made available by Waytec. New accounts paid by credit card are activated upon receipt and validation of credit card information.

5.2.   If paying by credit card, you must give us a valid credit card number (Visa, MasterCard, American Express or any other issuer then-accepted by Waytec). Waytec reserves the right to stop accepting credit cards from one or more issuers. If your card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Waytec at once.

5.3.   Credit balance on your account will expires after 6 months from last used. Credit balances not used within the said 6 months period will be lost. However, if you use the Service or place additional credit into your account before the expire date, the existing credit balance will be carried over to the new expiration date.

 6.      BILLING AND RATES

 6.1.   You shall pay Waytec the rates as stated on the website www.waytec.com.au. Unless stated otherwise, all rates and charges shall be stated in Australian Dollars.

6.2.   Waytec reserves the right to change the rates at any time by giving a 7 days notice on the website www.waytec.com.au. If you do not wish to accept such adjustment of tariffs, you are entitled to terminate your Account, by written notice to Waytec.

6.3.   Charges shall be calculated by multiplying the duration of the call by the applicable rate. The duration of a call shall be based on six (6) second increments.

6.4.   For any billing dispute, you must contact Waytec customer services within 30 days after such charge. Refunds or adjustment will not be given for any charges which are more than 30 days old.

7.      LIMITATION OF LIABILITY

 7.1.   Performance : Because the performance of some Services may be affected by your levels of use, the levels of use of other users and of facilities related to providing the Services, we do not warrant that Services will be free of blockages, delays or faults of this kind and we will not be responsible for any loss or damage which may result.

7.2.   Warranties: Except as provided in clause 7.1 and as required by law, and subject to clause 7.3, all terms, conditions, warranties, undertakings, inducements and representation, whether express or implied, statutory or otherwise, relating to the provision by us of the Services are excluded, and we will not be under any other liability in respect of any loss of damage (including consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of the Services. Limitation of Liability: Our liability for any breach of any terms, conditions, warranties or under any remedy implied by law (which cannot be excluded), will be limited at our option to the repair or re-supply of equipment or Services or the payment of the cost of having the equipment or Services re-supplied.

7.3.   No Liability: We have no liability to you or to any other person for

(a)    acts or defaults of other Suppliers;

(b)   faults or defects in Services which are caused to any material extent by your own conduct or misuse; or

(c)    faults or defects that arise in telecommunication services not provided under this Agreement (even if they are connected, with our consent, to Services which we have arranged under this Agreement ) which are due to incompatibility with the Services.

 8.      FORCE MAJEURE

 8.1.   We are not liable for:

(a)    any delay in installing any Service,

(b)   any delay in correcting any fault in any Service,

(c)    failure or incorrect operation of any Service, or

(d)   any other delay of default in performance under this Agreement, if it caused by any extent reasonably beyond our control, including but not limited to war, accident, act of God, industrial action, embargo, delay or failure or default by any other Suppliers.

 9.      INDEMNIFICATION

 9.1.        Customer agrees to defend, indemnify, and hold harmless Waytec , its officers, directors, employees, affiliates and agents and any other service provide who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer’s Service, relating to this Agreement, the Services, including the Device. This paragraph shall survive termination of this Agreement.

 10.      TERMINATION AND AGREEMENT

10.1.   The agreement will be effective as of the date you accept the agreement, and will remain effective until terminated by either party as set forth in this Terms of Service.

10.2.   You may terminate this agreement at any time, under the conditions provided herein. Waytec may terminate this agreement at any time, with out without cause, by providing notice to you and/or preventing your access to your account and to the Service.

10.3.   Waytec may modify these Terms of Services at any time by publishing the revised Terms of Services on the website www.waytec.com.au

11.      ASSIGNMENT

11.1.   You may not assign, or otherwise transfer, the agreement, or any rights or obligations hereunder without the other party written consent (which consent shall not be unreasonably withheld or delayed).

12.      GOVERNING LAWS

12.1.   The Agreement shall be governed by the laws of the state of New South Wales, Australia.

12.2.   All disputes that may arise under or in connection with the Agreement shall be exclusively submitted to the Court within New South Wales, Australia.