Terms & Condition


Welcome to VCP Phones.

AK TELCO SERVICES PTY. LTD. ABN 40611322260 operating under the registered business name VCP Phones is referred to in this agreement as VCP Phones “we”, “our”, or “us”, and you are referred to as “the Client” or “you”.

What are these terms about?

These terms apply when you engage VCP Phones to perform Services, by placing an order with us over the phone, via email, through our website https://vcpphones.com.au/ and any other websites we operate with the same domain name and a different extension, or otherwise purchasing our services including responding to a quotation, our mobile application(s) available on the Apple iOS Store and the Google Play Store, and any other platforms we may offer from time to time (collectively, the Platform). Existing Agreements

Before you sign up with us or purchase any of our Services, please check to make sure you do not have any existing agreements with other telecommunications providers, including any lock-in fixed term contracts that are still ongoing. We do not check this for you and cannot provide any refunds if you purchase our Services but later realise you still owe money on an existing lock-in contract.


(a) By submitting an order for purchase of Services using the Platform’s functionality including responding to a quotation issued by us (Service Order) the Client represents and warrants that:

(i) they meet the eligibility criteria set out in clause 4; and
(ii) they are authorised to use the debit or credit card they provide with their Service Order.
(b) Submitting a Service Order constitutes the Client’s intention and offer to enter into this agreement. In consideration for the payment of the fees set out in the Service Order (Fees), VCP Phones will provide the Client with services set out in a Service Order


The documents that are incorporated into this agreement include:
(a) these General Terms;
(b) the Client’s Service Order; and
(c) the following documents available on the Platform:

(i) applicable Service Descriptions;
(ii) Financial Hardship Policy; and
(iii) any other applicable policies set out on the Platform.


(a) VCP Phones may update any part of this agreement at any time without notice to the Client, if such an update will not be detrimental to the Client or if such a change is required by law, for example, where there is an increase to the GST.
(b) If VCP Phones makes changes to this agreement that are detrimental to the Client, for example, by increasing the price of the Services, VCP Phones will give the Client written
notice (normally by email) and the opportunity to cancel the Services before such changes come into effect.
(c) The Client continuing to order, accept or pay for any Services provided by VCP Phones following an update of this agreement under this clause will represent an agreement by the Client to be bound by this agreement as amended.
(d) The Client is encouraged to check the date at the top of the General Terms to see when VCP Phones last updated the General Terms.


To purchase the Services the Client must:

(a) be at least eighteen (18) years of age;
(b) accept any applicable third party terms in accordance with clause 5;
(c) provide acceptable identification in accordance with clause 5;
(d) not have any outstanding accounts with VCP Phones; and
(e) not have previously misused our services.


(a) The Client acknowledges and agrees that:

(i) as a carriage service provider, VCP Phones may be required by law to establish the Client’s identity or residential address prior to providing a particular Service. In such circumstances, if VCP Phones is unable to identify the Client or verify the Client’s address, or if the Client provides false or inaccurate information to VCP Phones, VCP Phones will not be required to supply the relevant Service to the Client;

(ii) VCP Phones may be required by law to seek additional information or specific proof of identity from the Client from time to time, and if the Client fails to supply such required information, VCP Phones will be able to suspend the relevant Service to the Client; and

(iii) VCP Phones may be required by law to intercept communications transmitted via the Services or to monitor the Client’s usage of the Services.

(b) The Client warrants that:

(i) it will provide VCP Phones with all documentation, information and assistance reasonably required for VCP Phones to perform the Services;
(ii) all information it provides to VCP Phones is complete, accurate and up to date; and
(iii) if the Client’s name, email, mail or residential address changes, the Client must inform VCP Phones of such changes within 14 days.

(c) The Client acknowledges and agrees that VCP Phones will collect, use and/or disclose the Client’s personal information and that VCP Phones will use reasonable endeavours to protect your personal information.
(d) The Client agrees to receive from VCP Phones marketing and promotional messages and other information that may be of interest and for the purpose of direct marketing (in accordance with the Spam Act 2003). This includes VCP Phones email newsletter containing tips, offers and new features. The Client can opt-out of receiving marketing materials from VCP Phones at any time by using the opt-out facility provided (i.e., an unsubscribe link). The Client cannot opt-out of necessary service-related emails from us.


(a) The Client acknowledges and agrees that the Services are telecommunications services that by their nature are dependent, directly and indirectly, on related services provided by third party suppliers (Suppliers).
(b) Many aspects of the Service may be subject to the terms and conditions and policies of the Supplier providing the relevant service (Supplier Terms). For example, if the Service includes an internet connection powered by Telstra, then Telstra’s terms and conditions and policies will apply.
(c) Where it is reasonable and possible to do so, we will try to notify you of such Supplier Terms and provide you with a copy of those terms. The Client agrees to any Supplier Terms applicable to any goods or services supplied by a third party that the Client or the Service Provider acquires as part of providing the goods or services and the Service Provider will not be liable for any loss or damage suffered by the Client in connection with such Supplier Terms.
(d) The Client has the right to reject any Supplier Terms. If the Client rejects the Supplier Terms, the Service Provider cannot provide the Services to the Client and clause 18 will apply.
(e) Some of our current Suppliers and their Supplier Terms are available below:

(i) Acrobits – https://acrobits.net/terms-of-services/
(ii) Aussie Broadband – https://www.aussiebroadband.com.au/legal/
(iii) Exetel – https://www.exetel.com.au/terms
(iv) Telcoinabox – https://www.telcoinabox.com.au/
(v) Telstra – https://www.telstra.com.au/customer-terms
(vi) OvertheWire – https://overthewire.com.au/legal/
(vii) Equipment – https://www.btcwholesale.com.au/terms-and-conditions/

(f) VCP Phones does not control, and is not responsible for, any interruption, degradation or failure of the service to the extent it is caused or contributed to by the Suppliers.


(a) The various Service Descriptions offered by VCP Phones are set out on the Platform. The Client will have access to the particular Services set out in the relevant Service Description selected in the Client’s Service Order.
(b) Service Descriptions may include, from time to time, unlimited amount of services including call minutes the Client can use in a particular billing month. Any unlimited Service is subject to our Fair Use Policy and excessive use as set out below at clauses 10 and 11.
(c) All invoice, billing and usage related processes occur in Victorian time, being AEST or AEDT time zones. VCP Phones will display the Client’s call history in their chosen time zone.
(d) The Client is responsible for any use of the Services by any other person, including but not limited to any charges incurred by a person using the Services and any account changes made by a person with whom the Client shared their account details.


If the Client orders or rents any equipment through VCP Phones then this clause will apply.


If the Client orders or rents any equipment through VCP Phones then this clause will apply.

(a) The Client acknowledges that the Services may require the provision and installation of equipment, including hardware, within the Client’s premises (Service Equipment).
(b) Where the Client requires VCP Phones to acquire any Service Equipment on its behalf, all Service Equipment is non-refundable. As set out above, it is the Client’s responsibility to ensure that it does not have any existing lock-in contracts that cover the purchase of Service Equipment.


Unless otherwise agreed:

(a) If VCP Phones issues an invoice to the Client, payment must be made by the time specified on such invoice.
(b) In all other circumstances, the Client must pay for all Service Equipment and services on or prior to delivery.
(c) The Client must not set off any money alleged to be owing by VCP Phones against money due by the Client to VCP Phones.


(a) For Service Equipment to be delivered, VCP Phones may charge the Client for delivery at any time (notwithstanding that it may not have previously done so).
(b) Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by VCP Phones.


(a) Until the price of Service Equipment is paid in full, title in those Service Equipment is retained by VCP Phones.
(b) Risk in the Service Equipment will pass on delivery to the Client. Delivery may not be refused by the Client.
(c) If the Client does not pay for any Service Equipment on the due date for payment, the Client authorises VCP Phones, its employees and agents to enter any premises occupied by the Client or any other place where the Service Equipment are located and use reasonable force to retake possession of the Service Equipment without liability for trespass or damage.
(d) VCP Phones may at its option keep or resell Service Equipment retaken from the Client.
(e) If the Client sells the Service Equipment or sells items into which the Service Equipment are incorporated before payment in full to VCP Phones, the Client acknowledges that such sale is made by the Client as bailee for and on behalf of VCP Phones, to hold the proceeds of sale on trust for VCP Phones, in an account in the name of VCP Phones, and must pay that amount to VCP Phones on demand.


VCP Phones will only accept returns of Service Equipment if:
(a) the Service Equipment is defective and the Client complies with the provisions of this clause 8.5; or
(b) VCP Phones agrees in writing to accept return the Service Equipment. If the Client fails to comply with the provisions of this clause 8.5 in respect of defective Service Equipment, the Client may, in its discretion, issue only a partial refund or no refund in respect of such defective Service Equipment, provided that nothing in this clause 8.5 is intended to limit the operation of any manufacturers’ warranties which the Client may be entitled to or any rights of the Client which cannot be excluded under applicable law.


Where the Client considers that any Service Equipment provided by VCP Phones are defective, the Client must promptly inform VCP Phones of that fact by contacting VCP Phones, by phone or by email. If VCP Phones agrees that the Service Equipment are defective, VCP Phones may issue a “Return Authorisation Number” for the defective Service Equipment.


(a) The Client agrees to pay the purchase price for the Service Equipment to VCP Phones in equal monthly instalments in advance during the rental term (as agreed between the parties) until full payment of the purchase price is made (each monthly instalment referred to as the Hire Fee).
(b) VCP Phones will invoice the Client for the Hire Fee. The Hire Fee is payable monthly in advance on and from the Effective Date.
(c) If the Client fails to pay VCP Phones the Hire Fee by the due date for payment, then without limitation to VCP Phones’ other rights, VCP Phones may:

(i) issue the Client with a notice requesting that they cease to use the Service Equipment hired;
(ii) collect the Service Equipment, and the Client must provide any assistance required and comply with all directions of VCP Phones in this regard;
(iii) charge the Client default interest of 10% calculated daily on the amount of the outstanding Hire Fee from the due date for payment and such interest will continue to accrue until such time as all of the Hire Fee owing at that time is paid; and/or
(iv) terminate this agreement.

(d) Until the Client has paid for the Service Equipment in full (“Completion”), the Service Equipment will remain the absolute property of VCP Phones and the Client will be a mere bailee thereof and has no title or interest in the Service Equipment.
(e) If the Client is on a rent to purchase agreement then upon Completion, title to the Service Equipment will pass to the Client on an “as-is where is” basis in its present state and condition and the Client acknowledges that it has not relied on any representation made or given by VCP Phones and further acknowledges that the Service Equipment is sold without any representation or warranty as to title, condition or any other matter.
(f) If the Client is on a rent to purchase agreement, the parties agree that the Client will purchase the Service Equipment from VCP Phones, and completion of the sale and purchase of the Service Equipment is to take place on the date that the Client, having observed and performed all the terms and conditions of this agreement, has:

(i) paid the entire purchase price to VCP Phones; and
(ii) paid all other money owing by the Client to VCP Phones under this agreement.

(g) The Client acknowledges and agrees that until it becomes the owner of the Service Equipment it:

(i) must only use the Service Equipment:
(A) solely in the conduct of its business;
(B) in accordance with any instructions provided and the reasonable and lawful directions of VCP Phones; and
(C) in accordance with this agreement;
(ii) must maintain and service the Service Equipment in accordance with any documentation issued to it by VCP Phones or otherwise as is reasonable;
(iii) must immediately give notice to VCP Phones if the Service Equipment is lost, damaged or destroyed in any way and must not make any unauthorised repairs to the Service Equipment;
(iv) must bear any costs of repair to the Service Equipment (other than to the extent the damage is caused by the negligent act or omission of VCP Phones);
(v) accepts full responsibility for the safe keeping of the Service Equipment, and ensure appropriate security measures are enforced in order to protect the Service Equipment;
(vi) must advise VCP Phones of the precise location of the Service Equipment and promptly on request grant access to any premises owned or occupied by the Client to VCP Phones or its representatives to inspect the state and condition of the Service Equipment or to exercise any of their rights or powers under this agreement; and
(vii) must promptly report any incident involving loss or damage to the Service Equipment to VCP Phones, the police (if applicable) and any other proper authority. The Client must comply with any directions provided by VCP Phones in this regard.

(h) If the Client fails to deliver up the Service Equipment on request, or have it available for an inspection by VCP Phones, the Client reserves the right to invoice the Client for the full value of the Service Equipment and the Client agrees to pay that invoice within 30 days of the date of the invoice. VCP Phones’ determination of the value will be final and binding on the Client.

(i) Upon Completion, the Client will become the legal owner of the Service Equipment and VCP Phones must promptly do all things necessary and required by the Client to transfer ownership of the Service Equipment to the Client free from encumbrance.

(j) Unless title in the Service Equipment passes to the Client in accordance with this agreement, the Client must at the Client’s own cost return the Service Equipment on the termination or expiration of this agreement to the place specified by VCP Phones.

(k) The Client must ensure that on return, the Service Equipment is:

(i) free from any defects or damage (fair wear and tear excepted); and
(ii) in a clean and serviceable condition that complies with the Client’s obligations under this agreement.

(l) If in the reasonable opinion of VCP Phones the Service Equipment is not returned in such condition, the Client will be liable for the cost of reinstating the Service Equipment to a clean and serviceable condition.
(m) The Client must sign any documents and do anything VCP Phones reasonably requires to properly return the Service Equipment to VCP Phones.


(a) (Timing of Payment) The Client must pay the Fees on a monthly basis, with any Extra Usage Charges (defined in 9(e) below) added to the following month’s invoice. [VCP Phones will email the Client with an invoice on the first day of the Client’s monthly billing period, with an automated payment attempt from the Client’s nominated credit/debit on the fifth day after the start of the then-current billing month.
(b) (Online payment partner) VCP Phones may use third-party payment providers (Payment Providers) to collect the Fees. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and VCP Phones is not liable for the security or performance of the Payment Provider. VCP Phones reserves the right to correct, or to instruct the Payment Provider to correct, any errors or mistakes in collecting the Client’s payment.
(c) (Card Surcharges) VCP Phones reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(d) (Direct Debit) Fees will be taken using direct debit (DD). The Client:

(i) authorises direct debit in line with the Payment Provider’s separate DD Authorisation Form and any DD Agreement as applicable;
(ii) agrees to enter into any DD Agreement required by the Payment Provider;
(iii) authorises VCP Phones to charge the Client’s bank account or credit card in advance in line with any DD Authorisation Form and any DD Agreement;
(iv) must ensure that there are sufficient funds available in the Client’s account to allow the Payment Provider to debit the Fees payable;
(v) acknowledges and agrees that there may be additional payments required from the Payment Provider if the Client miss of fail to make any payment. These terms are separate and in addition to this agreement; and
(vi) acknowledges that VCP Phones will not pay any charge back amount if the Client fails to cancel the Services in accordance with clause 18. By choosing a recurring payment plan, the Client acknowledges that the Services have an initial and recurring payment feature and the Client accept responsibility for all recurring charges prior to your cancellation of the Services.

(e) (Extra Usage Charges) If the Client’s usage of the Services exceeds the allowance set out in the Service Description, the Client may be required to pay an “Extra Usage
Charge” at a rate set out on the Platform from time to time, of usage that exceeds their allowance.
(f) (Other Service Provider Charges) When people call the Client’s VCP Phones phone number, the caller’s service provider will charge them the usual rate for the relevant type of call. As most VCP Phones phone numbers are landlines, this is usually a flat rate local call however this may vary depending on the location of the caller and the terms of their service provider. VCP Phones is not responsible for any charges applied by a caller’s carrier when they dial the Client’s VCP Phones phone number.

(g) (Promotional Discounts) From time to time, VCP Phones may offer promotional discounts to current and new clients. The terms of such promotional discounts will be set out on the Platform. In general:

(i) these discounts are applied exclusively to regular monthly invoices and not to plan upgrades or other purchases that may be available to clients;
(ii) discounts are calculated as either a percentage of the monthly invoice’s total or as a dollar value, both of which are deducted from the Client’s invoice to reduce
the total Fees payable; and
(iii) monthly invoices cannot go into credit (in other words, a Client cannot accrue credits or be owed funds by VCP Phones).

(h) (Free Trials) From time to time, VCP Phones may offer new clients the opportunity to try the Services free of charge. In this instance, the Client may cancel the Services at any time within their first billing month without incurring costs. The free trial may include a restricted number of call forwarding minutes and are available once per person, phone number, email address and/or payment method. Free trials are made available at the discretion of VCP Phones and VCP Phones is under no obligation to offer free trials.
(i) (Currency & GST) All prices are in Australian Dollars and include GST.


(a) VCP Phones reserves the right to limit, restrict or terminate the Services if the Client is using the Services in a way that VCP Phones considers excessive, unreasonable or fraudulent.
(b) Generally, usage beyond 1000 minutes per extension with a particular billing period on any Service Description (including unlimited plans or plans without a set limit) is considered excessive use.


(a) If VCP Phones becomes aware of, or reasonably suspects, that the Client’s use of the Services is unusually high (for example, use of minutes is considerably beyond what we consider fair use of the services, as set out above, VCP Phones reserves the right to suspect a Client’s account and investigate whether there is any unfair use.
(b) In this event, VCP Phones may reduce the amount of minutes available or limit any unlimited services as required.



The following clauses apply to the Client’s use of the Services.
(a) (permitted use) The Client must only use the Services in accordance with:
(i) all applicable laws;
(ii) all directions issued by the relevant authorities;
(iii) any rules imposed by any third party whose content or service the Client accesses via the Service or whose network the Client’s data traverses; and
(iv) all reasonable directions issued by VCP Phones, such as directions VCP Phones is required to make by its Suppliers or the law.

(b) (one user only) A single VCP Phones account must only be used by one individual user. The Client must register for multiple accounts if it has a team of multiple users.
(c) (prohibited use) The Client must not use, attempt to use or allow another person to use the Services:
(i) in a way that breaches any laws or regulations, including by using the Services to:

(A) transmit, publish or communicate material which is defamatory, offensive, abusive, indecent, menacing, unwanted or otherwise
prohibited by law;
(B) engage in any misleading or deceptive business or marketing practice;
(C) engage in any fraudulent or illegal activity;
(D) in a way which incites discrimination, hate or violence towards one person or group, including because of their race, religion, gender, sexuality or nationality; or
(E) in a way which enables children to access services inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to the Client;
(ii) in any way which damages, interferes with or interrupts the Services or the network used to supply the Services;

(iii) to resell, distribute or reproduce any part of the Services, or operate a contact centre, telemarketing business, collection agency, direct sales service, or similar without VCP Phones prior written approval;
(iv) to make or receive calls or send or receive messages other than for the Client’s personal or business use;
(v) to wholesale any part of the Services, including by transmitting, refiling or aggregating domestic or international network traffic;
(vi) to onsell the Services or to operate a carriage service, or to act as a carrier (as those terms are defined in the Telecommunications Act 1997 (Cth)); or
(vii) via a device that switches or reroutes calls to or from the Services.
(d) (directions) VCP Phones or the Suppliers may make reasonable directions in relation to the Client’s use of the Services and if the Client fails to comply with such directions, VCP Phones may take all reasonable steps to ensure compliance, including by suspending or cancelling the Services without further notice to the Client, and notifying relevant

(e) (restrictions) The Client acknowledges and agrees that VCP Phones or a Supplier may restrict or block access to any number or Services (other than an emergency number or Services), if required for technical, operational or commercial reasons.
(f) (ownership of numbers and IP addresses) The Client acknowledges that it does not own the telephone numbers or IP addresses VCP Phones provides the Client as part of the Services. VCP Phones may change, withdraw or reset a number, in accordance with its standard operating procedures and/or directions from a Supplier and any rights it may have under the Telecommunications Numbering Plan.
(g) (law enforcement) Unless otherwise required by law, VCP Phones is in no way obliged to assist in any kind of law enforcement or litigation activities.


(a) Unless the Client has purchased Service Equipment through VCP Phones, the Client is generally solely responsible for acquiring, installing and maintaining its own equipment such as a mobile phone, router or cabling supplied by the Client (Client Service Equipment), via the Suppliers or independently. The Client acknowledges that VCP Phones will have no responsibility to supply, configure or maintain the Client’s Service Equipment.
(b) If the Client uses the Services via its own equipment, the Client must ensure that the Client Service Equipment and services associated with installing the Client Service Equipment:

(i) comply with all relevant laws, regulations and directions of the relevant authorities; and
(ii) comply with all of VCP Phones or Suppliers’ reasonable requirements.

(c) If the Client Service Equipment does not meet the requirements of this agreement, VCP Phones may, without notice to the Client:

(i) prevent the Client Service Equipment from accessing all or some of the Services;
(ii) suspend the Client’s access to the Services; or
(iii) cancel the Services and terminate this agreement.

(d) The Client is solely responsible for any maintenance of the Client Service Equipment or wiring at the Client’s premises that is beyond the networks of carriers over which VCP Phones delivers its Services. Where the Client reports a fault with the Services to VCP Phones, the Client must liaise with VCP Phones to identify the cause of the fault and the Client must provide all reasonable assistance to test the Client Service Equipment and the relevant wiring and, if requested, provide the results of such tests to VCP Phones support staff.


The Client must immediately notify VCP Phones by using the contact details provided on the VCP Phones website, if it becomes aware or suspects at any time that the Services have been stolen, compromised, misused or used to commit fraud or another crime.


(a) To the extent permitted by law, the Client acknowledges and agrees that VCP Phones or its Suppliers do not control and have no responsibility for:

(i) the Client’s right or ability to use, access or transmit any third party content using the Services;
(ii) the accuracy or the completeness of any content which the Client may use, access or transmit using the Services;
(iii) the consequence of the Client using, accessing or transmitting any content using the Service, including without limitation any virus or other harmful software;
(iv) any charges which a third party may impose on the Client’s use of their service that is accessed via the Service; or
(v) the quality and reliability of the Service.

(b) To the extent permitted by law, the Services are provided to the Client strictly on an “as is” basis. VCP Phones cannot guarantee and makes no warranties, to the extent permitted by law, that:

(i) the Services will be free from issues, errors, defects, failures, obstructions, downtimes, interruptions or interference;
(ii) the Services will be accessible or available at all times; and
(iii) the Services will always be delivered at any particular quality or reliability.

(c) VCP Phones will not be liable for any loss or damage suffered as a result of any issues with the Services (including the service limitations set out in clause 13(b)), including any legal costs, damages, sales expenses and loss of business.
(d) The Client acknowledges that factors beyond VCP Phones control, such as network congestion, maintenance, technical capabilities, geographic factors, obstructions or interference may also cause interruptions to the Service and VCP Phones will have no responsibility for such interruptions.
(e) (Planned Maintenace) The Client acknowledges that planned maintenance may occur by Suppliers and that the Client will not receive direct communication of any planned maintenance. If the Client is concerned about the Services or has any issues with the Services, including interruptions or network outages, the Client should contact VCP Phones to determine whether there is any planned maintenance occurring.
(f) VCP Phones will not be liable to provide the Service to the Client if it becomes impracticable to do so due to causes beyond VCP Phones reasonable control, including, without limitation, Force Majeure (as that term is defined in clause 25 ) or acts or omissions of other carriers or carriage service providers or any government or regulatory authority that have an impact on the Services.
(g) The Services should not be relied on to contact emergency services or other emergency calls, and the Client agrees that VCP Phones will not be liable in connection to such uses.
(h) The Services may not be suitable for some non-voice applications, for example, but not limited to, doorbells, HICAPS machines, Franking Machines, Paging Systems, fax, machines, data modems, EFTPOS terminals, security monitoring services or terminals that require a standard phone line.

(i) The Client acknowledges and agrees that it is a condition of the Services that the Client maintains internet access and an internet connection by way of a Supplier in order for the Service to work.


The Client acknowledges and agrees:
(a) not to copy, reproduce, translate, adapt, vary or modify the Platform without VCP Phones express consent;
(b) not to use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(c) not to use the Platform for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
(d) not to attempt to breach the security of the Platform or VCP Phones system security, or otherwise interfere with the normal function of the Services, including by:

(i) gaining unauthorised access to company accounts or data about other users of the Services;
(ii) scanning, probing or testing the Services for security vulnerabilities;
(iii) overload, flood, mailbomb, crash or submit a virus to the Platform’s system; or
(iv) instigate or participate in a denial-of-service attack against the Services or the VCP Phones system; and
(e) to ensure that the Client’s employees, sub-contractors and other agents who the Client has authorised to use or access the Platform comply with this agreement.

The Client acknowledges that the Platform is dependent on software and hardware developed by third party providers such as Apple and Google. If following an update by such third-party provider, the Services (including the Platform) can no longer function as they did prior to the update, VCP Phones will not (to the maximum extent permitted by law) be liable to the Client for any loss or damage the Client might suffer as a result.


VCP Phones does not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to the Client’s data or information, computer systems, mobile phones or other electronic devices arising in connection with use of the Platform. The Client should take their own precautions to ensure that the process which they employ for accessing the Services does not expose the Client to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.


(a) VCP Phones may suspend all or some of the Services at any time, without notice if:

(i) required by law to do so;
(ii) directed to do so by a relevant authority;
(iii) there is a case of an emergency;
(iv) VCP Phones suspects fraud or attempted fraud associated with the Services; or
(v) if the Client has reached a use limitation point in the Service Description.

(b) VCP Phones may suspend all or some of the Services with a reasonable notice to the Client, if:

(i) VCP Phones or its Suppliers consider it is appropriate to do so to reduce the incidence of fraud;
(ii) the Client breaches this agreement or any of the Supplier Terms associated with the Services;
(iii) the Client repeatedly breaches any of VCP Phones or the Suppliers’ policies;
(iv) it is necessary to allow VCP Phones or a Supplier to rectify a failure or malfunction of the Service, or to perform an upgrade or to maintain the Service;
(v) to reduce or prevent interference with the Services or the mobile digital network operated by a Supplier;
(vi) VCP Phones has a reasonable suspicion that the Client, or a person the Client has allowed to use the Services, is misusing the Services or is not authorised to use the Services;
(vii) the Client permanently vacates the Site or another premises where the Services is provided; or
(viii) VCP Phones is otherwise authorised to do so by this agreement and the relevant laws, regulations and industry codes.



(a) The Client may cancel the Services at any time by giving VCP Phones at least 30 days’ notice, either by contacting VCP Phones via email or the contact form accessible on the Platform.
(b) Cancellation will be effective on the last date of the next billing period.


In addition to any other termination rights VCP Phones may have under this agreement, VCP Phones may terminate this agreement with a reasonable notice to the Client, if:

(a) VCP Phones suspends the Services to the Client for more than 14 days;
(b) an event beyond VCP Phones reasonable control prevents VCP Phones from supplying the Services for more than 14 days; and
(c) VCP Phones has a reasonable suspicion that the Client, or a person the Client has allowed to use the Services, is misusing the Services or is not authorised to use the Services.


(a) As cancellation is effective immediately, VCP Phones recommends that Clients notify their customers of their new contact number and update their contact details on their websites and other platforms prior to cancellation.
(b) If the Client has outstanding Extra Usage Charges or other charges outstanding on cancellation, the Client will be billed in the usual method on cancellation.
(c) VCP Phones does not charge a fee to port the Client’s number to another network carrier, however the Client’s new network Carrier may charge a fee.
(d) VCP Phones does not guarantee that the Client will have the option to recover their VCP Phones phone number after cancellation.
(e) No rights, liabilities or remedies of any party will be invalidated by the termination.


Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.


(a) VCP Phones and/or the Suppliers, as the case may be, retain ownership of all materials developed or provided (or both, as the case may be) to the Client in connection with the Services. Such materials include telephone numbers, IP addresses, text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software (Service Content).
(b) VCP Phones, and/or the Suppliers, as the case may be, reserve all rights in any Intellectual Property Rights in the Service Content which are not expressly granted to the Client.
(c) The Client must not reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from VCP Phones or as permitted by law.
(d) For the purposes of this clause 19, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this
agreement both in Australia and throughout the world.


Under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL), you may be entitled to certain remedies (like a refund, replacement or repair) if there is failure with the goods or services provided. Nothing in these terms is intended to limit the operation of the ACL. Please note that:
(a) Service Equipment sold by VCP Phones, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
(b) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
(c) Nothing in this agreement is intended to limit the operation of the ACL.



(a) To the maximum extent permitted by law and subject to clause 21.1(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by the Client to VCP Phones in the 3 months preceding the date of the event giving rise to the relevant liability.
(b) Clause 21.1(a) does not apply to the Client’s liability in respect of loss or damage sustained by VCP Phones arising from the Client’s breach of clause 12.

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by VCP Phones, except:
(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).


VCP Phones may subcontract any aspect of providing the Services and the Client hereby consents to such subcontracting.


(a) The Client agrees that VCP Phones may assign all or part of its rights under this agreement to any person at any time, without providing notice to the Client.
(b) The Client agrees and consents that this agreement may be novated (that is, VCP Phones will be replaced as a party to this agreement by another person) to any other person by either VCP Phones or the person to whom this agreement will be novated by notice to the Client, provided that the novation is on terms no less favourable to the Client
than the terms of this agreement immediately before the novation.
(c) The Client may assign or novate any of its rights or obligations under this agreement with the prior consent of VCP Phones.
(d) If you are selling your business and want to transfer this agreement or any of your Services under this agreement to the new owner, you must notify VCP Phones at least 10 business days prior to completion of the sale. This will allow us enough time to transfer any numbers or perform any activations as required. You must comply with any requests we send to you, including for documentation, and must have paid any outstanding Fees. You must provide us with any required documentation on the day of completion or the day before in order that the transfer and activation take place in time. If we request, you must provide us with enough evidence of the new owner of the account including providing documentation such as a sale of business agreement. You must ensure that the new party signs up to and agrees to these terms and conditions. If you do not comply with this clause, then we may not be able to assign and transfer this agreement and any of the Services. We will not be liable and take no responsibility for any transfers of Services and it is completely your responsibility to ensure this occurs in a timely manner.


(a) The parties must, without delay and in good faith, attempt to resolve any dispute which arises out of or in connection with this agreement prior to commencing any proceedings.
(b) If a party requires resolution of a dispute, it must immediately submit full details of the dispute to the chief executive officer of the other party or, if the party is an individual, that individual.
(c) The parties acknowledge that compliance with this clause 0 is a condition precedent to any entitlement to claim relief or remedy, whether by way of proceedings in a court of law or otherwise in respect of such disputes, except:

(i) in the case of applications for urgent interlocutory relief; or
(ii) a breach by another party of this clause 23.


(a) A ‘Force Majeure Event’ means any occurrence beyond the control of the Affected Party which prevents the Affected Party from performing an obligation under this agreement (other than an obligation to pay money), including any:

(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
(ii) strike or other industrial action;
(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
(iv) decision of a government authority in relation to COVID-19, or other epidemic or pandemic, to the extent the occurrence affects the Affected Party’s ability to perform the obligation.

(b) If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:

(i) reasonable details of the Force Majeure Event; and
(ii) so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.

(c) Subject to compliance with clause (b), the relevant obligation will be suspended during the Force Majeure Event to the extent that the obligation is affected by the Force Majeure Event.
(d) The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible and resume performing the relevant obligation.


(a) Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out on the Platform and the email’s subject heading must refer to the name and date of this agreement.
(b) If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
(c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.


This agreement is governed by the law applying in Victoria, Australia.


Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.


(a) Nothing contained in this agreement creates an agency, partnership, joint venture or employment relationship between VCP Phones and the Client or any of their respective employees, agents or contractors.
(b) Neither party nor any person acting on its behalf may hold itself out as being entitled to contract or accept payment in the name of or on account of the other party.


No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.


Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this agreement.


This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

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