TERMS AND CONDITIONS

YOU MUST READ THESE TERMS AND CONDITIONS BEFORE USING THIS SITE. By Using Premiumtelco website, you are bound by the terms and conditions stated here in. The term "Premiumtelco" as used in this Agreement shall mean Premiumtelco and all its Affiliates (including without limitation its parent, Subsidiaries, sister companies, DBA’s), its employees, officers, directors, agents, and any other service provider that provides services in connection with this Agreement. Premiumtelco provides various services, some require pre-payment, others require post-payment to your phone service provider, and we also offer a free product. In consideration of provision of all Premiumtelco services, you agree as follows: dot

SERVICE

1.1 Prohibited Uses of Service
You agree to use the Service only for lawful purposes. You agree not to use the Service for any unlawful purpose, including for example, using the Service in a way that: (1) interferes with our ability to provide Service to you or other customers; or, (2) avoids your obligation to pay for the Services. You also agree not to use the Service for transmitting or receiving any communication or material of any kind which would: (1) constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or International law, or, (2) encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or International law. . If Premiumtelco, in its sole discretion believes that you have violated the above restrictions, Premiumtelco may forward the objectionable material, as well as your communications with Freedom Calls and your personally identifiable information to the appropriate authorities for investigation and prosecution, and by using the Service you thereby consent to such forwarding.

1.2 Use of Service by Customers Outside Australia
Premiumtelco allows use of the Service inside or outside of the Australia. However, if you use it outside Australia you do so at your own risk, including but not limited to the risk that such activity violates the laws of the country where you do so, and/or violates the export laws of Australia and/or the import laws of that other country.

1.3 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service and all Services, information, documents and materials, including promotional or website language and all content on Premiumtelco website(s) are protected by trademark, copyright and/or other intellectual property laws and International treaty provisions and constitute private and/or confidential and/or the valued competitive business information of Premiumtelco. All websites, corporate names, service marks, trademarks, trade names, logos, domain names and content (collectively "Marks") of Premiumtelco are and shall remain the exclusive property and nothing in this Agreement shall grant you the right or license to use such marks. You may not modify, reverse-engineer, disassemble, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in electronic, mechanical or other means, or in any other manner publish, transmit, use, sell, exploit, and/or create new works from the content of Premiumtelco website, its marks or its Services.

1.4 Theft of Service or Device
You agree to notify Premiumtelco immediately, in writing or by calling customer support line, if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service including all stolen Service or fraudulent use of the Service.

1.5 Service Distinctions
You acknowledge and understand that the Service is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by Premiumtelco. Some, but not all, of these distinctions are described in this Agreement. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies or judicial forums.

1.6 Service Changes
Premiumtelco may discontinue, change, or suspend any aspect of its site and/or its service features at any time without notice or liability.

1.7 Emergency Calls is not allowed by the service
The Service does not permit calls to any Emergency numbers - 900, 000 etc.

1.8 No Operator Service
The Service does not support calls to operator services.

1.9 No Collect Calls
The Service does not support collect calls.

2. INDEMNIFICATION

You Are Liable For Any And All Use Of The Service By Yourself And By Any Person Making Use Of The Service, And You Agree To Defend, Indemnify And Hold Harmless Premiumtelco Against Any And All Liability For Any Such Use That Fails To Comply With This Agreement. You Agree To Defend, Indemnify And Hold Harmless Premiumtelco From Any And All Claims And/Or Liability For Damages, Personal Injury, Death, Fines, Penalties, Costs, Expenses, Losses, Lost Profit, Lost Revenue, Property Damage, Attorneys' Fees, And Any And All Other Damages Of Whatever Kind And Nature Relating To Or Arising Out Of The Service, The Use Of Or Inability To Use The Service, The Absence, Failure Or Outage Of The Service, The Inability To Dial 911 Or E911 To Access Emergency Service Personnel, The Inability To Dial Security, Law Enforcement Or Fire Prevention/ Protection Services Or Systems, And/Or This Agreement. This Section Shall Survive The Agreement.

3. LIMITATION OF LIABILITY

In No Event Shall Premiumtelco Be Liable To You Or Anyone Else For Any Incidental, Direct, Indirect, Special, Punitive, Exemplary, Or Consequential Damages, Or For Any Damages For Loss Of Data, Loss Of Revenue Or Profits, Relating To Or Arising Out Of The Service, The Use Of Or Inability To Use The Service, The Absence, Delay, Failure Or Outage Of The Service, The Inability To Dial 911 Or E911 To Access Emergency Service Personnel, The Inability To Dial Security, Law Enforcement Or Fire Prevention/ Protection Services Or Systems, And/Or This Agreement. Nor Shall Premiumtelco Be Liable For Any Delay Or Failure To Provide The Service, Including 911 Dialing, At Any Time Or From Time To Time, Or For Any Interruption Or Degradation Of Voice Quality Caused By Any Reason Including But Not Limited To The Following: An Act Or Omission Of An Underlying Carrier, Service Provider, Vendor Or Third Party, Equipment, Network Or Facility Failure Or Upgrade, Service, Maintenance, Modification, Shortage, Or Relocation, Force Majeure Events, Network Or Facility Failure Caused By The Loss Of Power Or Internet Service To Premiumtelco Or Customer, And Any Cause That Is Beyond Premiumtelco Control, Including Without Limitation The Failure Of An Incoming Or Outgoing Communication, The Inability Of Communications To Be Connected Or Completed, Including 911 Dialing, Or Degradation Of Voice Quality. Premiumtelco Shall Not Be Liable For Unauthorized Access To Premiumtelco Or Customer'S Transmission Facilities Or Premises, Equipment Or For Unauthorized Access To, Or Alteration, Theft Or Destruction Of, Customer'S Data Files, Programs, Procedures, Or Information Through Accident, Fraudulent Means Or Any Other Method, Regardless Of Whether Such Damage Occurs As A Result Of Premiumtelco Negligence Or Other Acts Or Omissions. Premiumtelco Liability For Any Act Or Omission Shall In No Event Exceed The Service Charges With Respect To The Affected Time Period. The Limitations Set Forth Herein Apply To All Claims Founded In Breach Of Contract, Breach Of Warranty, Product Liability, Tort, And Any And All Other Theories Of Liability, And Apply Whether Or Not Premiumtelco Was Informed Of The Likelihood Of Any Particular Type Of Damage. Further, You Agree To Reimburse Premiumtelco For All Costs And Expenses Related To The Defense Of Any Such Claims, Including Attorneys' Fees And Costs. The Provisions Of This Section Shall Be Applied To The Fullest Extent Of The Law, But If Any Portion Of This Section Is Determined To Be Unlawful, Then This Section Shall Be Construed To Limit Liability Against Premiumtelco The Fullest Extent Possible Under The Law. This Section Shall Survive The Agreement.

4. WARRANTIES

5. CHANGES TO THIS AGREEMENT

Premiumtelco may change the terms and conditions of this Agreement from time to time. Changes to this Agreement supersede all previously agreed to electronic and written Terms and Conditions.

6. CONTENT

You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Premiumtelco reserves the right to terminate or suspend affected Services, and/or remove your or Users' content from the Services, if Premiumtelco determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with Premiumtelco ability to provide Services to you or others or receives notice from anyone that Your or Users' use or Content may violate any laws or regulations. Premiumtelco actions or inaction under this Section shall not constitute review or approval of your or Users' use or Content. You will indemnify and hold harmless Premiumtelco against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service.

7. RESOLUTION OF DISPUTES BY BINDING ARBITRATION IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF BY A JUDGE, JURY, OR CLASS ACTION LAWSUIT.

7.1 Mandatory Binding Arbitration
All disputes arising out of or related to this Agreement (directly and/or indirectly) and/or the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) must be resolved by final and binding arbitration. The arbitration will be conducted by one arbitrator using the procedures described by this Section. If any portion of this Resolution of Disputes by Binding Arbitration Section is determined to be unenforceable, then the remainder shall be given full force and effect. The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association's ("AAA") Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. To the extent that such procedures differ from this Agreement, this Agreement shall govern to the fullest extent permitted by law. You have the right to be represented by counsel in an arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES. YOU AND Premiumtelco BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT. In the event that a dispute arises out of this Agreement, the prevailing party shall be entitled to its reasonable expenses, including attorney's fees, regardless of whether in-house or outside counsel is employed. If in-house counsel is employed, billing shall be at the rate of $350.00 per hour and billed in six-minute increments.

7.2 Arbitration Information and Filing Procedure
Before you take a dispute to arbitration or to small claims court, you must first write to us at: info@Premiumtelco.com.au and give us an opportunity to resolve the dispute. Similarly, before Premiumtelco takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within thirty (30) days from the date you or Premiumtelco is notified by the other of a dispute, then either party may contact the AAA in writing and request arbitration of the dispute

8. ENTIRE AGREEMENT

This Agreement and any modifications to it pursuant to terms hereunder (which may occur at any time and without notice), the Premiumtelco Privacy Policy and all content on Premiumtelco website, constitute the entire agreement between you and Premiumtelco and govern your use of the Service, superseding any prior agreements between you and Premiumtelco and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

9 SEVERABILITY

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

10. PRIVACY

Premiumtelco Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. You acknowledge and understand that Premiumtelco cannot guarantee that voice over IP communication is completely secure. You agree that Premiumtelco may access all features of your account and the Services to determine whether the Services are being used fraudulently and/or in violation of this Agreement, and for any other purposes. YOU AGREE THAT Premiumtelco SHALL NOT BE LIABLE FOR ANY LACK OF PRIVACY.

11. ASSIGNMENT

Premiumtelco may assign all or part of its rights or duties under the Agreement without notifying you. If we do that, we have no further obligation to you. You may not assign the Agreement or the Service without our prior written agreement.

12. NO THIRD PARTY RIGHTS

No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

13. MARKETING

Premiumtelco collects personal information in order to conduct the service and refine its customer service and marketing efforts and may, for this purpose, disclose such information to third parties.. Unless otherwise advised, Premiumtelco may use your call information for promotional and/or marketing purposes, including sending electronic messages. You should direct any request to access, update or correct information to Premiumtelco.

14. SURVIVAL

The provisions of this Agreement relating to indemnification, limitations on liability, warranty limitations and disclaimers, resolution of disputes, billings and your obligation to pay for the Service provided and any additional usage charges, shall survive the termination of the Agreement and the termination of the Service.

Premium Telco Terms and Conditions