Effective date: 27 February 2025
These Terms of Service ("Conditions") govern the supply of all Goods and Services by Downs ICT and/or ClearCall ("We", "Us", "Our") to You. By engaging Our services or accepting a Quote, you agree to be bound by these Conditions. These Conditions apply to the exclusion of all other terms and conditions unless otherwise agreed in writing.
All references to dollars ($) are to Australian Dollars. A reference to time is to Australian Eastern Standard time. The Conditions are governed by the laws of Queensland, Australia.
Unless otherwise agreed by Us in writing, these Conditions are deemed incorporated in and are applicable to (and to the extent of any inconsistency will prevail over) the terms of every Quote, Order, Plan, contract, or other arrangement in connection with the supply of Goods and/or Services by Us to You.
The invalidity or enforceability of any one or more of the provisions of this Agreement will not invalidate, or render unenforceable, the remaining provisions of this Agreement.
2.1 The minimum term that You acquire the service for is outlined in Our Quote to You, beginning from the first of the next month after the date of signing or approving the Quote.
2.2 After the expiry of the Committed Term, an extension of the Term will automatically commence for the same period as the original Committed Term and will continue indefinitely, unless earlier terminated by you as specified in Clause 4.
3.1 This Agreement may be terminated by You upon ninety (90) days written notice if We: (a) Fail to fulfil in any material respect its obligations under this Agreement and do not cure such failure within thirty (30) days of receipt of such written notice; (b) Breach any material term or condition of this Agreement and fail to remedy such breach within thirty (30) days of receipt of such written notice; or (c) Terminate or suspend our business operations, unless it is succeeded by a permitted assignee under this Agreement.
3.2 This Agreement may be terminated by Us upon ninety (90) days written notice to you.
3.3 If either party terminates this Agreement, we will assist you in the orderly termination of services, including timely transfer of the services to another designated provider. You agree to pay us for rendering such assistance at our normal rates as outlined in our current Rate Schedule.
3.4 Should You wish to terminate this Agreement before the end of the commitment term, You agree to pay all of the remaining payments up until the end of the commitment term.
When you contact us to lodge a service request only the methods below must be used:
Include a short description of the problem and any screenshots of errors to assist in the resolution of the issue.
If the issue is being lodged by either phone or external email you must include your name, company and return contact details.
Service requests must not be lodged directly with technicians, as this detracts them from resolving the current issue.
AFTER HOURS
Service Requests that must be addressed outside of business hours must be lodged by phone (charges apply for after-hours work). If not, the Service Request will be viewed on Our next Business Day.
Also see our Privacy Policy for information on how we handle your personal data.
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