VoIP Acceptable Use Policy

About this policy

This is our VoIP Acceptable Use Policy (policy). In this policy, ‘we’, ‘our’ and ‘us’ are all references to Bosley Holdings Pty Ltd trading as Swoop Broadband, ABN 71613948575 of 1A, 155 Queen Street, Warragul VIC 3820 Australia.

This policy is accessible on our website and is distributed to customers and former customers (together, ‘customers’) and our staff.

Our Chief Executive Officer (or equivalent) has approved this policy and is responsible for ensuring its implementation, operation and compliance with any applicable regulations and industry codes.

By your use of any Swoop VoIP service (‘services’) you agree to comply with the terms of this VoIP acceptable use policy.

Our principles

This policy is designed to protect the Voice over Internet Protocol (VoIP) service quality and integrity and make sure all customers receive fair and equitable access.

The policy specifically relates to untimed (‘flat rate’) use calls and ‘included’ calls on all VoIP plans that have these call inclusion types provided to subscribers.

We may depend on our Fair Use Policy in circumstances where your use of ‘flat rate’ or ‘included’ untimed call charges that form part of a pricing plan or promotional offer is deemed to be excessive or unreasonable.

We retain the right to vary the terms of the Fair Use Policy at our discretion from time to time.

Excessive use

The Fair Use Policy’s excessive use aims to identify those customers likely to be using residential plans for commercial purposes. This is likely to place unsustainable demands on the system.

Swoop broadband considers a call duration of more than 120 minutes per call where a ‘flat rate’ applies, and or more than 1,000 minutes of talk time per month as potentially indicative of non-ordinary residential use. We may also consider a regularity of calling that indicates that the service is not being used for residential use only.

If your use of the prescribed VoIP plans is excessive, we will contact you by phone or email, using the contact details you have provided advising that you may be in breach of the Fair Use Policy. If for the next billing period use continues at a similar level and frequency you will receive formal notification from us, advising that you have 14 days to provide a statutory declaration to Swoop Broadband, in which you affirm that the service is used for residential purposes only. If after 14 days, we have not received a completed Statutory Declaration or you have not requested (and been granted) an extension within which to provide that Statutory Declaration, we may:

  • bill calls above the at standard rates, or
  • suspend or terminate your service without further notice.

 Unreasonable use

Without restricting what is meant by ‘unreasonable’ Swoop Broadband will supply the service for the purpose of you making and receiving calls on our network for your personal use.

We will consider unreasonable use of the service to be:

  • using a residential service for business purposes
  • if you use a device that reroutes calls to/from our network or the network of another supplier, or
  • wholesale any service on our network.

In contrast to the above subclauses, we may in our absolute discretion give our consent to this type of behaviour, subject to conditions and in writing.

We further consider your use of the service to be unreasonable if you reduce or limit the ability of other customers to access our network as you:

  • engage in the bridging of conference calls
  • use the Swoop Broadband service to link two or more communication devices together for the purposes of providing a permanent or semi-permanent circuit, or
  • use the Swoop Broadband service for any other purpose than the predominant function of person-to-person voice communication.

Without reducing or restricting our rights under the service terms, where we consider your use unreasonable we may:

  • contact you by phone or email, using the contact details you have provided advising that you are in breach of the Fair Use Policy and to cease unreasonable use immediately otherwise your service may be subjected to suspension or cancellation without further notice, or
  • choose to suspend or cancel your service immediately and without any prior notice if the breach is considered seriously detrimental to the network.