Terms and Conditions for Using ASAP Telecom Services
Spruiked Global Pty Ltd trading as ASAP Telecom (“ASAP Telecom”)
ABN 35 644 659 585 of 4/4 Enterprise Close, West Gosford NSW 2250
ASAP Telecom provides managed services in partnership with third-party vendors and infrastructure suppliers. We do not host, store, or hold ownership of any products or platforms directly. All services are subject to availability and governed by the terms of each customer-specific agreement
TABLE OF CONTENTS (Legend for Clause Reference)
Introduction
Services Provided
Acceptance of Terms
Billing
Pricing
Installation
Service Availability & Supplier Outages
Liability
Indemnity
Termination
Customer Obligations
Equipment Return
Privacy and Confidentiality
Intellectual Property
Force Majeure
Anti-Slavery
Governing Law
Amendments
Acknowledgement and Agreement to Terms
Dispute Resolution
Auto-Renewal and Notice of Cancellation
Post-Term Pricing Adjustments
Service Management and Access Rights
Backup and Data Responsibility
Service Level Agreements (SLAs)
Staff Conduct and Non-Solicitation
Third-Party Licensing and Dependencies
Entire Agreement
Telecommunications Service Terms
Service Variations
Customer Security Responsibilities
Data Ownership
Agreement Activation and Cooling-Off Waiver
Acceptable Use
Security Incident Response
Change Management
Audit Rights
Customer Warranties
Business Continuity & Transfer of Liability
Contact
INTRODUCTION These Terms and Conditions (“Terms”) govern the supply of managed services and telecommunications products by ASAP Telecom (“we”, “our”, or “us”) to the customer (“you” or “your”). Use or purchase of our services indicates your acceptance of these Terms.
SERVICES PROVIDED ASAP Telecom is a telecommunications wholesaler and managed services provider. We deliver: • Internet connectivity • Hosted phone systems • Landline and VOIP services • General IT and managed service support
ACCEPTANCE OF TERMS By engaging our services, submitting a service order, or signing an agreement, you confirm you have read and understood these Terms and agree to be bound by them. If you do not agree, you must refrain from using our services.
BILLING 4.1 Invoices are issued monthly—usage charges in arrears and recurring charges in advance. 4.2 All invoices are payable within 21 days of issue. A strict late payment fee of $25 or 3% of the total monthly billing amount (whichever is greater) will apply to any overdue invoices. Failure to pay may result in late fees, administrative charges, or service suspension. 4.3 You must raise any billing disputes within 10 business days of receiving the invoice. Disputes do not suspend your obligation to pay undisputed charges by the due date. 4.4 ASAP Telecom reserves the right to apply interest on overdue amounts and charge reasonable administrative and recovery costs.
PRICING 5.1 Pricing is subject to change with 30 days’ written notice. Any such change will be reflected in the updated Rate Card or Schedule. 5.2 All promotional pricing is subject to eligibility criteria and may be revoked in cases of breach or early termination.
INSTALLATION 6.1 You are required to provide safe and timely access to the premises for installation purposes. Delays caused by denied access or unprepared premises may result in additional fees. 6.2 Equipment provided remains the property of ASAP Telecom unless explicitly stated otherwise. You are responsible for its care and return. 6.3 We are not responsible for delays caused by third-party providers, infrastructure limitations, or factors outside our control.
SERVICE AVAILABILITY & SUPPLIER OUTAGES 7.1 ASAP Telecom will take all reasonable steps to ensure continuous service delivery; however, services may be affected by scheduled maintenance, third-party network issues, or unforeseen outages. 7.2 ASAP Telecom is not responsible for outages, delays, disruptions, or downtime caused by upstream providers, suppliers, or any infrastructure we do not directly manage. 7.3 You acknowledge and accept that ASAP Telecom does not host or own the platforms or products we support, and as such, cannot provide uptime guarantees or liability for supplier-side issues.
LIABILITY 8.1 Except as required by law, ASAP Telecom excludes all implied warranties and is not liable for any indirect, incidental, special, or consequential damages. 8.2 ASAP Telecom’s total liability for any proven claim directly arising from our failure to deliver services in accordance with this Agreement is strictly limited to an amount equal to the total charges paid by you in the preceding three (3) months. 8.3 This limitation applies only if: 38.1.a) ASAP Telecom is proven directly responsible for the critical service failure; and 38.1.b) ASAP Telecom has been given formal written notice and a 21-business-day window to remedy the issue and has failed to do so. 8.4 This clause survives the termination of the Agreement.
INDEMNITY You agree to indemnify, defend, and hold harmless ASAP Telecom and its employees, contractors, and agents against any claims, losses, or damages arising from: (a) Your breach of this Agreement; (b) Misuse of the services; 38.1.c) Violation of any laws, regulations, or third-party rights.
TERMINATION 10.1 Either party may terminate the Agreement by giving 30 days’ written notice, subject to the agreed minimum contract term. 10.2 ASAP Telecom reserves the right to terminate the Agreement immediately in the event of non-payment, breach of terms, insolvency, or misuse of services. 10.3 If you terminate the Agreement during a fixed contract term, ASAP Telecom reserves the right to charge an early termination fee. This fee will be calculated as: (Total Monthly Fee) × (Number of Remaining Months on Contract) 10.4 Termination will not release you from outstanding financial obligations incurred before or up to the effective date of termination. 10.5 Any agreed discounts or promotional offers will be forfeited upon early termination and full standard rates will be applied retroactively if applicable.
CUSTOMER OBLIGATIONS 11.1 You must provide accurate and up-to-date information when registering or communicating with ASAP Telecom. 11.2 You are responsible for the lawful use of all services and ensuring they are used in accordance with all applicable regulations. 11.3 You must not use our services to: • Commit fraud or identity theft • Transmit spam or malware • Damage, disrupt, or overload our systems or networks • Violate the rights of third parties
EQUIPMENT RETURN 12.1 All equipment provided by ASAP Telecom must be returned in good working condition within 14 days of termination. Failure to return equipment will result in a charge equal to the full replacement value.
PRIVACY AND CONFIDENTIALITY 13.1 We manage all customer data in accordance with our Privacy Policy and applicable privacy legislation. 13.2 You consent to the collection, processing, and storage of data as necessary for service provision. 13.3 We will keep your information confidential and not share it with third parties without your consent unless legally obligated. 13.4 While we apply industry-standard security controls, you acknowledge that no system is completely immune to breaches. We disclaim responsibility for breaches beyond our control.
INTELLECTUAL PROPERTY All intellectual property related to ASAP Telecom’s services, including but not limited to software, logos, branding, documentation, and tools, remains the exclusive property of ASAP Telecom or its licensors. You are granted a non-exclusive, non-transferable license for internal business use only.
FORCE MAJEURE ASAP Telecom is not liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, natural disaster, cyberattacks, government actions, or supplier disruptions.
ANTI-SLAVERY 16.1 You warrant compliance with all applicable anti-slavery and human trafficking laws. 16.2 ASAP Telecom maintains a zero-tolerance policy toward modern slavery, forced labour, and human trafficking. 16.3 We are committed to providing a safe, fair, and inclusive working environment for all our staff and contractors. All workers engaged by ASAP Telecom are entitled to fair wages, safe working conditions, the freedom to raise concerns, and protection from abuse, harassment, or exploitation. 16.4 We require that all our suppliers, contractors, and partners operate in compliance with local employment laws and uphold the same ethical standards. 16.5 Breach of this clause constitutes a material breach of the Agreement and may result in immediate termination, reporting to authorities, and potential legal action.
GOVERNING LAW This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of courts in that region.
AMENDMENTS We reserve the right to update or modify these Terms at any time. Changes will be communicated via email or our website. Continued use of services constitutes acceptance of the revised Terms.
ACKNOWLEDGEMENT AND AGREEMENT TO TERMS 19.1 By signing any proposal, service order, or agreement issued by ASAP Telecom, you acknowledge and agree to be legally bound by the latest version of these Terms and Conditions. 19.2 The agreement becomes effective on the date of signature by the customer unless explicitly stated otherwise in the agreement. 19.3 These Terms apply to all managed services, telecommunications services, and related hardware or support supplied by ASAP Telecom.
DISPUTE RESOLUTION All disputes must first be attempted to be resolved in good faith through negotiation. If unresolved, disputes shall be submitted to binding arbitration in accordance with the laws of New South Wales.
AUTO-RENEWAL AND NOTICE OF CANCELLATION 21.1 At the end of the agreed contract term, this Agreement will automatically renew for a further term equal to the original contract length unless either party provides written notice of cancellation. For standard products and services, this notice must be provided at least 30 days prior to the expiry date. For contact centre solutions, this notice period is extended to 90 days. 21.2 If no such notice is received within the applicable notice period, the renewal will proceed under the same terms, unless otherwise renegotiated in writing. If no such notice is received within the notice period, the renewal will proceed under the same terms, unless otherwise renegotiated in writing.
POST-TERM PRICING ADJUSTMENTS 22.1 ASAP Telecom reserves the right to review and adjust pricing at the end of any contract term. 22.2 All pricing changes for renewal terms will be notified in writing prior to the commencement of the new term. Continued service usage beyond this point signifies your agreement to the new pricing.
SERVICE MANAGEMENT AND ACCESS RIGHTS 23.1 You acknowledge that ASAP Telecom may require remote or onsite access to systems, platforms, or infrastructure to deliver managed services. You agree to provide timely and secure access where applicable. 23.2 You remain responsible for providing appropriate access credentials, permissions, or escalations to third-party systems where required for the performance of our services.
BACKUP AND DATA RESPONSIBILITY 24.1 Unless explicitly stated in writing as part of your agreement, ASAP Telecom is not responsible for backing up or maintaining any data stored on third-party systems or local infrastructure. 24.2 You are responsible for ensuring routine, secure backups of all critical data unless backup services have been explicitly included in your managed service agreement.
SERVICE LEVEL AGREEMENTS (SLAs) 25.1 Service Levels may be defined in your service agreement or scope of work (SOW). In the absence of a specific SLA, ASAP Telecom agrees to provide commercially reasonable efforts to respond to incidents and service requests within standard business hours. 25.2 Priority levels, response times, and escalation processes will be documented in a service schedule where applicable.
STAFF CONDUCT AND NON-SOLICITATION 26.1 Both parties agree to engage with professionalism and mutual respect. Neither party shall engage in conduct that may harm the reputation of the other. 26.2 You agree not to solicit or hire, directly or indirectly, any employee or contractor of ASAP Telecom who has been involved in the delivery of services to you, during the term of this Agreement and for a period of 12 months thereafter, without written consent. Breach of this clause will incur a recruitment fee equal to 30% of the individual’s annual salary or contract value.
THIRD-PARTY LICENSING AND DEPENDENCIES 27.1 Where ASAP Telecom recommends or supplies third-party platforms or software, you are responsible for maintaining licensing compliance unless explicitly included in our service scope. 27.2 ASAP Telecom is not liable for functionality, outages, or changes made by third-party software vendors that affect service delivery.
ENTIRE AGREEMENT 28.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings, arrangements, or agreements, whether written or oral, relating to its subject matter. 28.2 No modification or waiver of any part of this Agreement will be valid unless agreed in writing by both parties.
TELECOMMUNICATIONS SERVICE TERMS 29.1 Number Porting: ASAP Telecom offers Local Number Portability (LNP) in accordance with industry standards. You acknowledge and warrant that you have the full authority to request the porting of any telephone numbers to ASAP Telecom. You agree to indemnify ASAP Telecom against any claims or losses arising from unauthorised porting requests. You also agree that you are directly liable for any fees or charges associated with the porting process, including but not limited to early termination charges from your previous provider, number porting fees, and technician or contractor costs if additional work is required to facilitate the transition.You acknowledge that number porting may be subject to approval by your current provider, and delays may occur. 29.2 Voice Services: Call quality may be affected by network congestion, power outages, internet performance, or third-party routing. ASAP Telecom makes no guarantee of uninterrupted voice service. 29.3 Emergency Services: While ASAP Telecom enables calls to emergency services (e.g., 000), you are responsible for ensuring backup power solutions (e.g., battery backup) for any devices relying on VOIP or NBN in case of a power outage. 29.4 Fair Use: All telecommunications services provided by ASAP Telecom are subject to a fair use policy. Excessive usage or misuse may result in service throttling, suspension, or termination with notice. 29.5 Compliance: You must comply with all applicable telecommunications laws and regulations when using our services. ASAP Telecom reserves the right to suspend or restrict services if your usage causes network instability or breaches legal obligations.
SERVICE VARIATIONS 30.1 ASAP Telecom reserves the right to make necessary changes to the configuration, scope, or technical delivery of services to maintain, improve, or secure performance. Where such changes materially affect functionality, we will provide written notice prior to implementation.
CUSTOMER SECURITY RESPONSIBILITIES 31.1 You are solely responsible for the security of your own systems, devices, and user access. ASAP Telecom is not liable for breaches or data losses resulting from insecure configurations, weak passwords, or compromised end-user accounts unless otherwise explicitly managed under a security-specific service scope.
DATA OWNERSHIP 32.1 You retain full ownership of all customer data processed through ASAP Telecom systems or platforms. We will not access, disclose, or use your data except as required to deliver services or comply with legal obligations.
AGREEMENT ACTIVATION AND COOLING-OFF WAIVER 33.1 By signing any proposal, quote, or service contract issued by ASAP Telecom, you acknowledge and agree to be bound by these Terms and Conditions. 33.2 This agreement becomes active and legally binding from the date of your signature unless otherwise specified in the contract. 33.3 There is no cooling-off period applicable to this agreement. In the event you cancel the agreement prior to activation, you will be liable to pay: (a) The full cost of any hardware supplied or ordered; (b) 50% of the total contract value calculated across the agreed contract term; and (c) Any legal and/or debt collection fees incurred in the recovery of outstanding funds.
ACCEPTABLE USE 34.1 You must not use the services to transmit, publish, or store any material that is offensive, abusive, defamatory, obscene, unlawful, or otherwise breaches any law or regulation. 34.2 You may not use our services to operate open relays or send bulk unsolicited communications (spam). 34.3 ASAP Telecom reserves the right to monitor usage and suspend services in the event of misuse.
SECURITY INCIDENT RESPONSE 35.1 You must notify ASAP Telecom within 24 hours of becoming aware of any actual or suspected security incident. 35.2 ASAP Telecom will cooperate in response efforts but assumes no liability for breaches originating from third-party systems or customer-managed environments.
CHANGE MANAGEMENT 36.1 Changes to service scope, deliverables, or configuration must be formally requested in writing. 36.2 Approved changes may incur additional costs and affect delivery timelines.
AUDIT RIGHTS 37.1 ASAP Telecom may request access to relevant records or systems to ensure compliance. 37.2 You agree to cooperate with any reasonable audit undertaken by ASAP Telecom.
CUSTOMER WARRANTIES 38.1 You warrant that you: (a) Have the authority to enter into this agreement and request porting of numbers; (b) Will ensure service locations and equipment are safe and accessible; (c) Will not compromise service integrity through negligent or unlawful behaviour.
BUSINESS CONTINUITY & TRANSFER OF LIABILITY 39.1 If the customer business closes or becomes insolvent during the contract term, the customer (or their estate/administrators) remains liable for full outstanding contractual payments. 39.2 If the business is sold or transferred, the new owner or controlling entity accepts full liability for continuing payments, unless otherwise agreed in writing by ASAP Telecom.
Contact Information
If you have any questions regarding these Terms and Conditions or require support, please contact us at:
ASAP Telecom
Phone: 1300 869 588
Email: support@asaptelecom.com.au