Terms and Conditions

About these terms

This document sets out a rights and obligations that relate to your user licence or two-phones subscription.

These terms are available for your review and are also summarised in our critical information summary.

Critical information summary

What happens if we need to change these terms?

Occasionally, it may be necessary for us to modify these terms. If we believe that the changes will be beneficial to you or have no significant impact, we may not notify you directly. Instead, we will typically send you an email or publish the updated terms on our website.

However, if we believe that the changes will have a negative impact on you, we will give you at least 30 days' notice prior to implementing the changes. If you do not wish to accept the updated terms, you may notify us to cancel your service. We will cancel your service effective as of the date when the change takes effect and provide you with a refund of any unused portion of your monthly charges.

Who is eligible for the two-phones service?

To sign up for the two-phones service you need to have an Australian Company Number (ACN) or Australian Registered Body Number (ARBN).

What you’ll need to sign up for two-phones service?

When you request a service from us, we decide whether to supply it to you based on these terms and your eligibility for that service.

To sign up for a two-phones service you will need to have a Visa/MasterCard account.

You must provide the information requested so that two-phones are satisfied that your organisation exists and is an Australian entity.

two-phones must collect and verify information including the full name of the organisation, and whether it is registered with the Australian Securities & Investments Commission (ASIC) as a public or proprietary company, or as an Australian Registered Body.

You must provide a purchase order on a company letter head, or a letter of authority to purchase our service from the owner of the company or a member of the board of directors of the company.

How long will it take to get a service?

We aim to connect most of our mobile services within two days of receiving and accepting a sign-up request and payment.

If you are porting an existing mobile number from another service provider, it usually takes less than 7 days but could take longer to port your number once your service is connected. We’ll notify you if the transfer has not been successfully confirmed. Otherwise, we’ll aim to connect your mobile numbers within 2 days.

Service commencement

We will notify you when you can start to use your service.

You need to use the right equipment

You need to use the right equipment and said equipment used in conjunction with our service must comply with the relevant standards which can be accessed via the Australian Communications and Media Authority (ACMA) website.

Compliance with these requirements is essential to ensure the safe and uninterrupted operation of our service.

If we request that you make changes to your equipment, you are obligated to make any necessary changes to prevent any potential danger or interference that it may cause.

How we connect your service

While we make every effort to provide our service with reasonable care and skill, it is important to note that due to the inherent nature of telecommunications systems, we cannot guarantee uninterrupted, continuous, or fault-free service at all times.

It is essential to be aware of your rights as a consumer or small business under applicable consumer protection laws, such as the Competition & Consumer Act 2010 (Commonwealth), which may provide you with certain protections in relation to the services we supply.

We don't support specialised services

Please note that two-phones does not provide support for specialized services such as medical alarms, security cameras, or fire indicator panels.

Our services are not designed or intended for use with these types of specialised devices.

It is important to make alternative arrangements for such services that may require specific or specialized telecommunications solutions.

Keeping your account information secure

As a customer of two-phones, it is your responsibility to ensure the security of your account information, password, data, and equipment.

Failure to maintain the confidentiality and security of this information may result in loss or damage, for which two-phones cannot be held liable.

It is crucial to take appropriate measures to keep your account information and associated resources secure to prevent any potential risks or adverse consequences.

Keeping your details up to date

To ensure effective communication and seamless service delivery, it is your responsibility to keep your account details, contact phone number, email address, and business address up to date with two-phones.

Regularly checking the email address and mobile number that you have provided is essential, as we will use these channels to notify you about any changes or updates to your service.

By maintaining accurate and current account information, you can stay informed and receive timely notifications about any important information or modifications to your service.

Maintaining your service

two-phones will provide technical support to resolve issues with your service to the best of our abilities and in a timely manner.

You may be required to make some changes to your equipment during service troubleshooting and are required to comply with any reasonable requests to maintain or restore your service.

We do not provide repair or maintenance services for your equipment.

Tracking your usage

You can track your usage by logging in to your two-phones account at: www.two-phones.com/account/

The account administrator will receive SMS alerts and email notifications in near real-time when 50%, 85% and 100% of the monthly allowance has been utilised.

Exceeding SMS or Voice Minutes allocation

The account administrator will receive SMS alerts and email notifications in near real-time when 50% and 85% of the monthly user allowance has been utilised.

The administrator of your two-phones account will also be notified via SMS and Email when no further user allowance of either SMS or Voice Minutes remain.

two-phones provides a grace period of one week before the two-phones service is suspended until the end of the current billing period. This grace period will only be granted once per account while your account with two-phones is still active.

The account administrator can head to www.two-phones.com/account/ where additional SMS or Voice Minutes can be obtained.

At this point, the account administrator can opt to:

  • Purchase additional SMS or Voice Minutes at any time that will be valid until the end of the current billing period.
  • Set up automatic SMS and Voice Minutes and agree to the two-phones automatic top-up terms and conditions.
  • Upgrade your plan to cover your monthly usage needs.

Paying for your service

Payment methods

You must pay any charges via recurring payment using direct debit from a Visa, Mastercard or PayPal account. We accept credit or debit card payments from Australian banks, building societies or credit unions. (Prepaid cards are not accepted).

Pricing and payments

Pricing and details of how and when you need to pay are set out in the Critical Information Summary for your plan.

Taxes

The charges for your service may not include all taxes. You must pay any applicable taxes that we include as part of your invoice for your service. Applicable taxes may include any stamp and other duties, fees, taxes (including GST) and charges relating to your purchase of your service. GST may be imposed on a supply we make to you under these terms. We’ll issue a Tax Invoice to you for any supply on which GST is imposed.

Overdue payments

  • 1 day overdue
    We notify you that your payment is overdue.
  • 5 days overdue
    We remind you that your payment is overdue.
  • 11 days overdue
    Outbound texts and calls are suspended, you cannot buy texts and Voice call minute top-ups, and you cannot make plan changes.
    To resume your service prior to day 25, you need to pay your outstanding amount. We notify you of these actions.
  • 25 days overdue
    Your two-phones service is suspended, including inbound and outbound calls and texts.
    To resume your service prior to disconnection, you need to pay your outstanding amount as well as your next monthly charges in advance. We will notify you of these actions.
  • 60 days overdue
    We permanently disconnect your service. You lose your mobile numbers.
    At least 5 working days prior to disconnection, we will have reminded you about the imminent disconnection of your service.
Financial hardship

We recognise that sometimes unforeseen events in your life, such as sudden illness or loss of income, may affect your ability to pay us for services you have used. If you’re experiencing financial hardship which is affecting your ability to pay an amount which is due for your service, please contact us.

Acceptable use policy - Our services are for business use

We provide our services for business use only. You must only use, and allow a service to be used, for that purpose. Ordinary, business use of the two-phones service won’t breach this Acceptable Use Policy.

Service limitations

Please be aware that the use of your two-phones service must comply with the following conditions:

  • You must not use or attempt to use the service, or allow the service to be used, in a way that breaches these customer terms, any applicable law, or relevant code or regulation.
  • Your use of the service must not cause us to breach any law or relevant code or regulation, or infringe the rights of any third party, including their intellectual property rights.
  • You must not create or distribute viruses, malware, anti-security programs, or engage in any activity that could result in us incurring liability to any person.
  • Your use of the service must not significantly interfere with other customers' use or enjoyment of the service, or interfere with how we operate our services.
  • You must not engage in conduct or activity that could adversely affect or prejudice the reputation or brand of two-phones, as determined by us.
  • Any attempts to manipulate or bypass any limitations on your service by any means are prohibited.
We may review how you use your service

As part of our service, we may monitor and review your use of the service to ensure compliance with this policy. This monitoring will be done in accordance with our privacy statement, which outlines our practices for handling your personal information. This may include verifying that your use of the service is for personal and ordinary use, and we may contact you to discuss your usage.

By signing up for a service with us, you agree to cooperate with us on these terms, which may include explaining your usage of the service when requested. It is important to comply with these monitoring and review processes to ensure adherence to our policies and terms of service.

If you use your service in a non-ordinary way

As part of our Acceptable Use Policy, it is important to note that using our service in a non-ordinary way, even if it's for personal or business use, may be considered a breach of our policy. Examples of non-ordinary use may include:

  • If it appears that your service is infected with a virus or other malicious software.
  • If the service is regularly used for sending or receiving bulk emails.
  • If there are other usage characteristics that we consider not consistent with ordinary business use.

It's important to use our service in a manner that is consistent with ordinary business use and in compliance with our Acceptable Use Policy to avoid any potential breaches or violations.

If you breach our Acceptable Use Policy

Breaching our Acceptable Use Policy may result in the suspension or cancellation of the two-phones service. It is important to comply with our policy to ensure the continued use of our service without any interruptions or cancellations. We take violations of our policy seriously to maintain the integrity of our services and ensure a positive experience for all our customers.

Suspension or cancellation of your service

Your right to cancel this service

To cancel the two-phones service, please submit a cancellation request through the two-phones website at least 24 hours before the start of the next monthly payment cycle. Please note that two-phones will not refund any fees that have already paid, and the service will stop working at the end of the current payment cycle.

Our right to cancel your service

We reserve the right to cancel your service under the following circumstances:

  • If you have seriously breached these terms, we have provided written notification of the breach, and you fail to rectify the breach within 30 days, provided the breach is fixable.
  • Immediately, if you have seriously breached these terms and the breach cannot be rectified.
  • Immediately, for a non-serious breach of these terms, if there are significant consequences resulting from the breach and it cannot be rectified.

We may cancel your service with as much advance notice as reasonably possible in the following circumstances:

  • With your explicit consent.
  • If we are legally obligated to do so, or if providing your service becomes illegal or we have reasonable grounds to believe it may become illegal.
  • If new regulations are introduced, making it impossible for us to continue providing the service to you on the same terms.
  • If you become bankrupt or insolvent, or if it appears likely that you may do so.
  • If we are unable to provide the service to you due to events beyond our reasonable control, such as equipment failure not owned or operated by us, an industrial strike, or an act of God.

We will take reasonable measures to offset any impact the cancellation may have on you, such as crediting you or offering a rebate.

In the event that we cancel your service, you are still responsible for paying any charges incurred prior to the cancellation.

Our right to limit or suspend your service

We reserve the right to limit or suspend your service if we are provided with reasonable notice, under the following circumstances:

  • We are permitted to cancel your service based on our terms and conditions, but have chosen not to exercise that option;
  • We suspect a breach of our terms and conditions and need to investigate;
  • We need to limit or suspend your service for the purpose of maintenance, protecting the integrity of our networks or restoring our networks or the users of our networks.
  • For maintenance purposes, we will typically give you at least 24 hours' notice prior to any service limitation or suspension.
  • In urgent cases, we will provide as much notice as is reasonably possible.

In the event that we suspend your service (excluding suspension for non-payment), we will refund any fees that you paid for the period during which your service was suspended.

Our right to migrate your service

We may, with reasonable notice, migrate you to an alternative service or pricing plan. If you are not satisfied with the alternative service or pricing plan, you have the option to cancel your service.

Delivery of SMS messages

We will try to deliver an SMS for up to 7 days. If it cannot be delivered after 7 days, the SMS will be deleted from our SMS network.

We will take responsible steps to deliver SMS messages. However, in some circumstances the message may be undeliverable for reasons which include: technological difficulties; the receiving device is not working properly, is switched off, is out of range or the message storage space on the device is full; the destination number is invalid or barred to SMS; the person is overseas and the overseas phone company has blocked SMS from us. In such cases we will be unable to deliver the message.

Not suitable for emergencies, critical or important messages

SMS messages to fixed phone services are not suitable for telling or warning people about serious risks, important matters, time critical matters or asking emergency service organisations to come to someone’s aid. A message which is sent may not be able to be delivered or may not be received by the recipient (either immediately or at all). Because of this, you should decide (and are responsible for deciding) whether a text message is the most appropriate way to deliver your message, particularly where it is important that the message be received by the recipient or where the message needs to be received or acted on within a certain time.

SMS messages are NOT encrypted end-to-end

SMS messages to fixed phone services are not encrypted so it is possible that a third party could intercept an SMS during transmission or delivery.

Our liability to you

As a service provider, we acknowledge that we may be liable to you for matters that cannot be excluded or limited by law, including under consumer protection laws.

We may be held liable to you in the event of breach of contract, negligence, or violation of any non-excludable rights under consumer protection laws. Specifically, our liability may arise in the following circumstances:

  • Personal injury or death to you, your employees, agents, or contractors in relation to the service we provide;
  • Real or tangible damage to your property resulting from the service we provide, with our liability limited to the options of repairing or replacing the property, or paying the cost of repair or replacement;
  • Other costs or expenses incurred as a result of our breach or negligence (excluding loss of profits, likely savings, and data), with our liability limited to the total cost of your first year of service for all such claims.

However, we will not be liable for any loss caused by your own actions, negligence, or breach of contract.

Additionally, we will not be liable for any loss caused by our inability to meet our obligations regarding your service due to events outside our reasonable control, such as equipment failure not owned or operated by us, industrial strikes, or acts of God, to the extent permitted by law.

Transferring obligations

You are not permitted to transfer your rights and obligations for the service without our consent, which will not be unreasonably withheld.

Occasionally, we may engage another provider to deliver part of the service to you. In such cases, we may transfer or replace our rights and obligations for the service to a provider who agrees to abide by the conditions outlined in these terms.

Notices

If we need to communicate with you regarding the service, we may use various means such as mail, email, or SMS, using the contact information you provided during the sign-up process.

No waiver of rights

The rights that either party has under these terms are not waived or forfeited by mere lack of exercise or delay in exercising such rights.

Survival of certain clauses

Even after the cancellation of your service, clauses pertaining to charges, privacy, and liability will continue to remain in effect and will survive the termination of the service.

Governing law

These terms shall be governed by and construed in all respects in accordance with the laws of the State of Victoria, Australia.

Terms

Our networks means the two-phones VoIP and SMS network.

Service means a service as provided to you under these terms, and includes any goods or equipment provided in connection with that service.

we, us and our means two-phones Pty Ltd ACN 655 835 493 and its employees; as well as its agents, sub-agents and their respective employees.

you and your means the customer.

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