Terms of Service

Effective: 2026-05-28

This is a draft template pending legal review prior to launch. Final terms must be reviewed by an Australian commercial lawyer and aligned with our master service agreement.

1. Definitions

“CPS”, “we”, “us” - Cloud Phone System Australia Pty Ltd. “Customer”, “you” - the business engaging CPS to provide services. “Services” - cloud phone system deployment, hosting, calling, porting and managed services as described in your quote or Statement of Work. “3CX” - the underlying phone system software licensed from 3CX Ltd.

2. Provision of services

CPS will provide the Services with reasonable care and skill. Services begin on the date specified in your Order or Statement of Work and continue for the Initial Term plus any Renewal Terms.

3. Billing and payment

• Services are billed monthly in advance unless otherwise agreed.
• Annual licence costs (3CX) may be billed annually or included.
• Payment terms: 14 days from invoice date.
• Late payments may attract interest at the RBA cash rate + 2% per annum.
• All prices exclude GST unless stated.

4. Term and termination

• Initial Term - 12 months minimum unless agreed otherwise.
• Renewal - automatic monthly renewal after the Initial Term unless terminated.
• Termination for convenience - by giving 60 days’ written notice after the Initial Term.
• Termination for breach - either party may terminate for material breach not cured within 30 days of written notice.
• Termination effect - you may export your data; we deactivate services; you remain liable for outstanding charges.

5. Customer responsibilities

You will:

• Provide accurate information for service provisioning
• Maintain valid administrative access to systems we integrate with (Microsoft 365, CRM, etc)
• Comply with call-recording disclosure obligations under Australian law
• Use the Services in compliance with the Spam Act 2003, Privacy Act 1988, and Telecommunications Acts
• Not use the Services for unlawful activity (fraudulent calls, spam, telecommunications offences)
• Pay charges by the due date

6. Service levels

We provide service levels per your Service Level Agreement, where applicable. Standard target uptime is 99.9% for hosted services. Critical incidents during Australian business hours receive responses within 15 minutes; after-hours critical incidents within 30 minutes.

7. Intellectual property

• 3CX software remains the property of 3CX Ltd, licensed under the 3CX EULA.
• Our custom configurations, integrations and managed-service procedures remain CPS intellectual property.
• Your data (recordings, voicemails, transcripts, contact lists) remains yours.

8. Limitation of liability

To the extent permitted by law and subject to the Australian Consumer Law:

• Our maximum liability in any 12-month period is limited to the fees paid by you in that period.
• We are not liable for indirect, consequential, or special losses including loss of profits or business interruption.
• Nothing in these Terms excludes liability that cannot lawfully be excluded under Australian Consumer Law.

9. Australian Consumer Law

Where you acquire Services as a consumer under Australian Consumer Law, the guarantees provided by Australian Consumer Law apply and cannot be excluded. Our liability for breach of those guarantees is limited where permitted to re-supplying the Services or paying the cost of re-supply.

10. Force majeure

Neither party is liable for delays or failures caused by circumstances beyond reasonable control - natural disasters, industrial action, telecommunications outages outside our control, regulatory changes, pandemics.

11. Confidentiality

Each party agrees to keep confidential information confidential and to use it only for the purposes of providing or receiving the Services. Confidentiality survives termination for 5 years.

12. Privacy

We handle personal information in accordance with our Privacy Policy.

13. Changes to terms

We may update these Terms. Material changes will be notified 30 days in advance. Continued use of the Services after notification constitutes acceptance.

14. Governing law

These Terms are governed by the laws of Victoria, Australia. Disputes will be subject to the exclusive jurisdiction of the courts of Victoria.

15. Contact

Cloud Phone System Australia Pty Ltd 66-68 Maroondah Hwy, Croydon VIC 3136 [email protected] - 1300 680 824