Trading Terms

Jam Cyber Trading Terms and Conditions

ICT Hardware, Software and Services

Quote, Confirmation, Agreement

These Terms and Conditions (Terms) apply to the sale or supply of all products or systems (Products) and the performance of all services (which includes all software as a service) (Services) by Magnetic Alliance Cyber Pty Ltd, trading as Jam Cyber (ABN: 25 642 089 772) (Jam Cyber) for you (the Customer, you) and will form part of any Agreement unless otherwise agreed in writing with Jam Cyber or subject to other Jam Cyber terms (including the Cyber Security Framework Agreement and Managed Services Agreement). Your acceptance of a Quote from Jam Cyber constitutes your agreement to and acceptance of these Terms and forms a legally binding contract (Acceptance Date). As used herein “Agreement” means this contract for supply distribution, sale or license of any Products or Service entered into between Jam Cyber and you and Quote means any quotation, proposal or offer provided to you by Jam Cyber. Except as otherwise expressly agreed in writing between Jam Cyber these Terms shall apply notwithstanding any provisions to the contrary which may appear in any order form or other document issued by the Customer. Quotes by Jam Cyber are open for acceptance within the period stated in the Quote, or in the event no period is stated, for the period the offer is displayed on the Website, provided that Jam Cyber may amend, withdraw or revoke any Quote prior to the receipt by Jam Cyber of the acceptance of the Quote.

The Customer is solely responsible for the accuracy of any order with respect to the specifications, configuration or other requirements of Products and Services and functionality, compatibility, and interoperability with other products (not authorised by Jam Cyber). The Customer warrants that the information provided to Jam Cyber is complete, accurate and true, and the Customer acknowledges that a failure to provide complete, accurate and true information or instructions to Jam Cyber may detrimentally affect Jam Cyber’s ability to discharge its obligations or exercise its rights under an Agreement. Where the performance under the Agreement relies on the approval confirmation or acceptance by the Customer of a proposal, design, deliverable or any other action by Jam Cyber, Customer shall do so within the period stated in the Agreement, or in the event that no period is stated, within seven (7) days after receipt of a request from Jam Cyber, in absence of such a response within such time period the Customer will be deemed to have accepted the proposal, design, deliverable or any other action as submitted by Jam Cyber.

Products and Services may include software from third parties (Third Party Materials) governed by their own license terms, which may include open source or free software licenses, and those terms operate in addition to and will prevail over these Terms as to the Customer’s use of the Third-Party Materials. Nothing in these Terms limits the Customer’s rights under or grants the Customer rights that supersede, the terms of any such Third Party Materials.

Payment terms

The terms of payment are as follows, unless otherwise agreed to in writing by Jam Cyber:

(a) payment to be made 7 days from the date of invoice for accounts Customers or as specified on the quote/invoice. Otherwise, payment is on a Cash on Delivery (C.O.D.) basis.
(b) payments to be made free of any set-off, or counterclaim and without deduction or withholding by the Customer to Jam Cyber.
(c) Goods and services tax (“GST”) and/or any other related Government taxes will be charged on all sales of goods and services unless details of Customer exemption are provided. GST and other Government taxes are payable by the Customer at the same time as the payment for the relevant supply are payable.
(d) Should the Customer not pay for the Products and/or Services supplied by Jam Cyber in accordance with the payment terms as provided herein, or as agreed to in writing by the Jam Cyber from time to time, all amounts due from the Customer will be considered payable and disputed admitted debt. Jam Cyber may do any of the following: i. withdraw any credit; ii. refuse any further credit; iii. stop supply and iv. charge interest on all amounts owing by the Customer to the Jam Cyber on a daily basis at the rate of 5% p.a. and the Customer agrees to pay this interest to the Jam Cyber.
(e) If credit is satisfactorily established, any credit limit determined by Jam Cyber and as varied from time to time, in its absolute discretion, shall apply to all purchases of Services or Products from Jam Cyber. Jam Cyber reserves the right to withdraw credit at any time, whether the Customer is in default under the terms of this Agreement or not. Upon cancellation all liabilities incurred by the Customer become immediately due and payable to Jam Cyber.
(f) All prices are subject to change with 30 days written notice by Jam Cyber.

Delivery of Products, Performance of Services

The Customer agrees:

(a) Jam Cyber accepts no responsibility for delivery of Products (Delivery) but may elect to arrange Delivery at its discretion and without any liability and at the Customer’s cost and responsibility in all things;
(b) the Jam Cyber reserves the right to charge for any Delivery;
(c) the Customer shall be deemed to have accepted Delivery and liability for Products immediately Jam Cyber notifies the Customer that any Products are ready for collection or upon Jam Cyber delivering any Products to a carrier or to the Customer’s business premises or site nominated by it whether attended or not;
(d) Jam Cyber will not be liable for delay, failure or inability to deliver any Products;
(e) once the Customer is notified Products are ready for collection or Delivery the Customer agrees to pay all costs of Jam Cyber in holding those Products for the Customer.
(f) Minor nonconformities will not prevent or suspend acceptance by Customer of Products, Services or both and Jam Cyber will correct these within a reasonable time. Minor nonconformities are non-conformities or anomalies that do hinder overall operation and intended use of Products or Services in accordance with the specifications.
(g) Jam Cyber may make changes to working methods communication systems software or any other element of the services provided that such changes do not materially affect the functionality of the Products or Services. Unless specifically agreed otherwise Jam Cyber does not warrant the availability, accuracy or completeness, reliability, timeliness or output from Products and Services. Customer shall not use or rely on Products and Services for any other applications or purposes other than agreed in the Agreement.
(h) The Customer explicitly acknowledges that certain features or functionality of Products and Services may rely on the availability and correct functioning of third-party service providers, as may be indicated by Jam Cyber, including the supply of energy, data storage connectivity and communication services. These are outside the control of Jam Cyber and Jam Cyber will have no responsibility or liability in this regard.
(i) In the event of delay or interruption in the delivery of Products or the Performance of Services for reasons not attributable to Jam Cyber or due to variation by the Customer, the timelines for performance by Jam Cyber will be amended accordingly. Jam Cyber will be entitled to reasonable compensation by Customer for any damages cost incurred by such delay.

Use of Products and Services

(a) It is acknowledged by the Customer that Jam Cyber is re-selling computer hardware and software products and Jam Cyber is unable to warrant those Products’ performance compliance to the Customer’s requirements. Jam Cyber further suggests that the Customer refers to Jam Cyber’s suppliers to determine specific product performance and compliance to Customer’s requirements. Further that the Customer test for compliance should it not be satisfied by representations by the relevant supplier with respect product performance compliance.
(b) The Customer shall use the Products and Services only for their intended purposes and in accordance with all instructions contained in manual, guidelines, warranty terms and any other terms and conditions applicable to such Products and Services. The Customer shall maintain the site, site conditions and equipment supplied or used by Jam Cyber in the performance of the Services in (including cabling, fittings and electricity supply) in good condition repair and working order and shall protect same against damage and external influences.
(c) The Customer shall use and shall ensure that end users use web applications, mobile applications in accordance with applicable end user license agreements and where applicable keep a full back up of such software installed readily available. In the event of a software error the Customer shall provide Jam Cyber with alert or error messages and support Jam Cyber in updating or replacing software used in connection with the Products or Services.
(d) Unless Jam Cyber is providing cyber security services under the terms of a separate Cyber Security Framework Services Agreement, cyber security services are not included in the Services provided and to the extent permitted by law Jam Cyber has no liability whatsoever for any security breaches of the Customer’s systems, servers, networks, domain registrations, SaaS subscriptions or firewalls.
(e) Where Jam Cyber supplies any Third Party Materials or indicates that any Third Party Materials may be used, the Customer agrees that Jam Cyber has no liability whatsoever for any defects (including inaccurate or incomplete material) or other failures in, unavailability of, or delay or non-supply of such Third Party Materials. Where Jam Cyber supplies the Third Party Materials, Jam Cyber will notify the relevant third party of any defect or issue and request the third party to investigate. If Jam Cyber or the Customer finds a reproducible defect in any Third Party Materials, as the Customer’s sole remedy, Jam Cyber agrees will use its reasonable endeavours to exercise any rights it may have in respect of the replacement or modification of that Third Party Material under its contract with that third party.

Cancellations and Returns

(a) The Customer agrees, other than in the case of warranty or consumer guarantee claims:
i. not to cancel the whole or part of any Order placed with Jam Cyber;
ii. not to return Products without Jam Cyber’s prior written approval and then only if Products are in new and saleable condition with undamaged packaging and less than 1 week has passed since delivery;
(b) Jam Cyber may elect to take back Products on such terms as Jam Cyber requires including:
i. payment of a restocking fee of not less than 20% of the invoice value; and
ii. original invoice as proof of purchase is produced;
iii. not to return any Products which were custom cut, custom processed or custom acquired.
(c) Customers returning Products under warranty must pay all freight. All Products returned for warranty or credit are to be accompanied by a copy of the original invoice.

Retention of title

(a) Title to all Products supplied does not pass to the Customer until full payment has been received.
(b) Jam Cyber reserves the following rights in relation to Products supplied by Jam Cyber until all accounts owed by the Customer for such Product are fully paid: i. legal ownership of the Product; ii. to enter the Customer’s premises (or the premises of any associated company or agent where the Products are located) without liability for trespass and retake possession of the Product, and iii. to keep or resell any Product repossessed pursuant to (b) above.
(c) Notwithstanding clause (b) above, the risk of any loss or damage to or any deterioration in Product from whatever cause shall pass to the Customer at the time of delivery. Jam Cyber will not be held responsible for any damage, loss, and delay occurring to Products delivered on-site. Accordingly, Jam Cyber recommends that you arrange your own insurance.
(d) Until payment has been made for the Products supplied and any other sums whatsoever outstanding from the Customer to the Jam Cyber from time to time (Full Payment) the Customer will hold the Products in a fiduciary capacity for the Jam Cyber.
(e) If the Customer supplies any of the Products to any person before Full Payment the Customer agrees that the Jam Cyber retains title to any proceeds, including but not limited to sale proceeds or an account for such monies or rent monies and insurance monies.

Exclusions

Except as expressly provided by these Terms and to the extent permitted by law all Products and Services provided hereunder, including Third Party Materials are provided “as is” and on an “as available” basis.

(a) Jam Cyber disclaims and excludes all guarantees, warranties or conditions (whether implied by statute, general law, custom or otherwise) or representations and, in particular, exclude any guarantee, warranty, condition or representation that the operation of the Products and Services will be uninterrupted or error free or that the Products and Services will be fit for a particular purpose. No dealing with the Customer shall be or be deemed to be a sale by sample.
(b) If Jam Cyber publishes material concerning the Products, its Services and/or its prices anything so published which is incompatible with these Terms is expressly excluded.
(c) The Customer shall rely on its own knowledge and expertise in selecting any Products and/or Services for any purpose and any advice or assistance given for or on behalf of Jam Cyber shall be accepted at the Customer’s risk and shall not be or be deemed to be given as expert or adviser nor to have been relied upon by the Customer or anyone claiming through the Customer.
(d) All Products are sold subject to any manufacturer’s trading terms, warranties and representations applicable to those Products.
(e) Jam Cyber shall not be liable nor responsible for any failure of Products or Services to comply with any requirements of the Customer or any other person (whether relating to manufacture, design, fabrication, installation and/or intended use or otherwise).
(f) Jam Cyber disclaims any responsibility or liability relating to any Products and/or Services:
i. made or performed to designs, drawings, specifications and/or procedures etc, and/or with materials which are provided and/or approved (whether fully or in part) by or on behalf of the Customer; and
ii. utilised, stored, handled and/or maintained incorrectly or inappropriately.
(g) The Customer agrees to check all Products for compliance with all relevant applicable standards and regulatory bodies (Standards) before use, on-sale or application and/or to use or apply all Products in accordance with those Standards with all manufacturer and/or Jam Cyber’s recommendations and/or directions and in accordance with good commercial practice.

Liability

(a) Jam Cyber is not liable for any loss caused to the Customer any other activity beyond Jam Cyber’s control including by reason of strikes, lockouts, fires, riots, war, pandemics, embargoes, civil commotions, acts of God or (Force Majeure).
(b) Jam Cyber’s liability in respect of a breach of a consumer guarantee (as defined in the Australian Consumer Law) or any express warranty provided by Jam Cyber for any Service or Product not of a kind ordinarily acquired for personal, domestic or household use is limited, to the extent permissible by law and at Jam Cyber’s option to:
(1) in relation to the Products: i. the replacement of the Products or the supply of equivalent Products; ii. the repair of the Products; iii. the payment of the cost of replacing the Products or of acquiring equivalent Products; or iv. the payment of the cost of having the Products repaired.
(2) in relation to the Services: i. the supply of the Services again; or ii. the payment of the cost of having the Services supplied again.
(c) To the extent permitted by law, all other warranties whether implied or otherwise, not set out in the Agreement are excluded and Jam Cyber is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for: i. any increased costs or expenses; ii. any loss of profit, revenue, business, contracts or anticipated savings; iii. any loss or expense resulting from a claim by a third party; or iv. any damage or fault in performance arising out of incorrect or inappropriate operation of the Products by the Customer; v. any special, indirect or consequential loss or damage of any nature whatsoever caused by Jam Cyber’s failure to complete or delay in completing the order to deliver the Products.
vi. If any provision of this Agreement is not enforceable in accordance with its terms, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms. If any part of these Terms is invalid or unenforceable, that part is deleted, and the remainder of these Terms remains effective.

Intellectual Property

The Customer and Jam Cyber agree that, other than as expressly provided in this clause, nothing in this Agreement transfers or grants to any party any right, title or interest in or to any Intellectual Property.

(a) Jam Cyber grants to the Customer a, royalty free, revocable, non-transferable, non-exclusive license to use the Intellectual Property Rights in Jam Cyber or its licensors’ Intellectual Property to the extent necessary for the Customer to exercise its rights and fulfil its obligations under this Agreement and to obtain the full benefit of the Products and Services.
(b) The Customer grants to Jam Cyber a non-exclusive, royalty free, non-transferable and revocable license for the term of the Agreement to use the Intellectual Property in its Material used in the Customer’s Network, solely to the extent required for Jam Cyber to perform the Services.
(c) Jam Cyber may use any Third Party Materials that are licensed to the Customer, but only for the purpose of performing the Services and providing the Products and only in accordance with the relevant terms and conditions applicable to the use of that Third Party Material as notified to Jam Cyber by the Customer in writing, and in accordance with the terms of the Agreement.

Indemnity

The Customer hereby agrees to indemnify and defend at its sole expense: Jam Cyber, its employees, agents, representatives, directors and shareholders, from and against any and all claims arising out of or based upon the Customer’s use of all Third Party Materials managed hereunder, including, but not limited to, claims based on software licensing violations, copyright infringement, trademark infringement and patent infringement. In addition, the Customer agrees to pay any judgment and costs associated with such claim.

Capacity

(a) If the Customer is a corporation (with the exception of a public listed company) the Customer warrants that its directors have either signed or accepted this Agreement.
(b) If the Customer is the trustee of a trust (whether disclosed to Jam Cyber or not), the Customer warrants to Jam Cyber that: i. the Customer enters into this Agreement in both its capacity as trustee and in its personal capacity; ii. the Customer has the right to be indemnified out of trust assets; iii. the Customer has the power under the trust deed to enter into this Agreement; and
(c) If the Customer enters into this agreement as partners, the Customer warrants that all of the partners have signed or authorised the entering of this Agreement.

Termination

(a) The Agreement commences on the Acceptance Date or a nominated implementation date (Commencement Date) and continues unless terminated pursuant to these Terms.
(b) Subject to the clauses below the Agreement will continue unless either party gives 30 days written notice to terminate the Agreement.
(c) Each party may terminate this Agreement with immediate effect by written notice to the other party if: (1) the other party materially breaches this Agreement where: i. such breach is irremediable; or ii. if remediable, the other party fails to remedy the breach within 14 days of written notice by the terminating Party. (2) the other party resolves to become, or is under the threat of becoming, subject to any form of insolvency administration, or (3) a Force Majeure Event preventing the performance of this Agreement continues for more than 30 Business Days.
(d) Termination of the Agreement for any reason does not: (1) release the Customer from the obligation to pay any Fees to Jam Cyber whether due before or after termination of the Agreement. Jam Cyber has no obligation to refund any amounts paid to Jam Cyber by the Customer for the Services. (2) oblige Jam Cyber to provide any further Services or Products other than to use reasonable endeavours to remove any software it has provided and where Jam Cyber on termination has no access it has no responsibility to remove any software or take any other action. (3) discharge either Jam Cyber or the Customer from any liability which has been incurred by that party prior to termination of the Agreement.
(e) In addition to the right of termination given above, Jam Cyber is entitled to through technical or other means, suspend the Services for any period that the Customer is in breach of any provision of the Agreement.

Notice

All notices must be legible and in English and addressed to Jam Cyber at the address CyberSafe@JamCyber.com or via Australia Post to the current postal address as listed at jamcyber.com/contact-us/

Waiver

A waiver of any provision or breach of this Agreement by Jam Cyber must be made by an authorised officer of Jam Cyber in writing. A waiver of any provision or breach of this Agreement by the Customer must be made by the Customer’s authorised officer in writing.

Costs

The Customer must pay for its own legal, accounting and business costs and all costs incurred by Jam Cyber relating to any default by the Customer. The Customer must also pay for all stamp duty and other taxes payable on this Agreement (if any).

Variation

The Customer agrees that this Agreement may be varied, added to, or amended by an authorised officer of Jam Cyber at any time by 30 days written notice to the Customer. Any proposed variation to these Terms by the Customer must be requested in writing. Jam Cyber may refuse any such request.

Entire agreement

This Agreement constitutes the entire agreement between the parties relating in any way to its subject matter. Other than where a consumer guarantee under the Australian Consumer Law applies:
(a) all previous negotiations, understandings, representations, warranties, memoranda or commitments about the subject matter of this agreement are merged in this agreement and are of no further effect.
(b) no oral explanation or information provided by a party to another affects the meaning or interpretation of this agreement or constitutes any collateral agreement, warranty or understanding.

Parties relationship

The parties’ relationship is that of independent contractors and the parties do not intend to create by this Agreement any form of partnership, employment, agency or trust relationship and neither party has, and or will represent that it has, the authority to act for, or incur any obligation on behalf of, the other party.

Jurisdiction

The Agreement is governed by the laws of South Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of South Australia, and waives, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.

Trading Terms — Cloud Phone Systems

Referred to as JamCyber is the company Magnetic Alliance Cyber Pty Ltd and/or its employees. Referred to as a customer is any third party (private, business, or company) requesting any goods or services of JamCyber.

All sale of goods and provision of services stated on the title page of this section by JamCyber to the customer is conducted on these standard terms and conditions:

All prices, rates, and charges are in Australian Dollars and include GST unless indicated otherwise. Accepted credit cards are VISA and Mastercard only.

Shipment Policy

We ship items out as soon as possible, but this will not always be the same day as your order. In general, please add 2–3 business days to allow for processing time. If we anticipate a longer lead time (i.e. due to stock shortages) we will contact you before processing the order for shipment. If you have any questions about the lead time on a specific item, please contact us on 1800 818 875 with your questions.

You should receive an email confirming your order shortly after you’ve placed it. If you don’t receive that email, please check your spam folder.

We use Fastway or Australia Post where available and a signature is required for collection or acceptance of the order delivery. We do not offer insurance. We do not ship internationally.

Usage Policy

These terms and conditions apply to all JamCyber Cloud phone services (the “Service”). You must read and understand this agreement (the “Agreement”) before using the service in whole or in part. In this agreement, “We” or “Us” or “jamcyber.com”, JamCyber, relates to Magnetic Alliance Cyber Pty Ltd, the sites mentioned, or their agents, and “You” or “Customer” relates to the person, the person(s) or organisation receiving the Service. Also, acknowledge that these terms and conditions may vary from time to time. Please check back these conditions regularly, as the use of this service constitutes your acceptance of these terms and conditions.

You acknowledge that although we will take all reasonable steps to make sure you receive the voice service within the local calling areas, the voice service is not free from faults or interruptions. Certain factors, such as network congestion, maintenance, technical capabilities, geographic factors, obstructions, or interference may mean you will not receive the voice service at certain times.

When using this service, you will ensure that you and others comply at all times with all laws and obligations, regulations, codes or determinations, or any other requirements of any government or statutory authority, including licence conditions, applicable to the services and their use. Failure to comply with any licence, permit, or authorisation relating to the connection of equipment to the Service Delivery Point or use of the services may result in immediate termination of the agreement. In addition, you must not transmit, distribute, or otherwise publish on the Service any libellous, defamatory, abusive material or material that could give rise to civil or criminal proceedings. If this occurs, jamcyber.com will not be held liable for any charges incurred by these proceedings.

The contents of the Service, including, but not limited to text, photographs, graphics, video and audio content (the “Content”) is protected by copyright as a collective work or compilation under the copyright laws of Australia and other countries, and owned or controlled by jamcyber.com, their affiliates or the party credited as the provider of the Content. All individual articles, content and other elements comprising the Content are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in the Service. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Service. Without limiting the generality of the foregoing, the jamcyber.com Cloud phone service may not be resold or otherwise resupplied by any account holder to any other person or entity without jamcyber.com’s prior written consent.

Fees and charges applicable to your service will commence from the date of connection to jamcyber.com. For postpaid customers, we will email an invoice to you no less frequently than monthly, and you must pay these fees and charges by the invoice due date. All fees and charges will be billed to your nominated credit/charge card. If you cancel your credit/charge card authority, or if you do not pay your invoice by the invoice due date, jamcyber.com will charge a fifteen dollar late fee. Charges for archive or hardcopy invoices may apply. jamcyber.com can decide that you have a credit limit. If so, we will tell you what that credit limit is. If you exceed the credit limit, we may suspend the service until you pay all call charges owing on your account. Finally, we may ask you to pay a deposit for some or all of the service charges in advance, in order to receive or continue receiving your service. You are still required to pay us your monthly charges by the invoice due date.

Our prepaid services are designed to prevent account balances being debited past 0. Due to the resource-intensive nature of per-second call checking, you may end up with a debit balance. If you have a debit balance (illustrated with a negative sign), it must be repaid to jamcyber.com within 30 days of your balance going into debit, otherwise, jamcyber.com may choose to retrieve these funds using the appropriate legal channels.

If you have authorised payments by credit card, debit authority, or other similar methods, then payments shall be drawn against your authority when due without further notice to you unless you terminate the payment method by 14 days written notice to jamcyber.com. Disconnection to the Service will occur in the event that your authorised payment method is refused or dishonoured by your nominated financial institution.

Your term begins when you are first connected to jamcyber.com and continues for a period of time until you disconnect. Should your details change at any time, you must notify us immediately. If you want to discontinue your connection, you must give us notice by telephoning the jamcyber.com billing department and requesting a disconnection. The Service will be disconnected within 7 days of receipt. jamcyber.com may suspend, restrict, or disconnect the service under varying circumstances. A final invoice will be issued after disconnection and you must pay all fees and charges you incurred using the service, up to the date of disconnection.

jamcyber.com records are prima facie evidence of the Customer’s use of the service and the charges payable. jamcyber.com allows customers to connect to the service using their own device. jamcyber.com only charges for answered calls and ceases to charge when the call is terminated by the caller. Timed calls are calculated using the total network time used for each call. The Customer agrees that any calls from the jamcyber.com account supplied to the Customer are deemed to be authorised by the Customer and the Customer will pay all charges accordingly. International calls are charged in 30-second increments, mobile timed calls are charged in one-second increments. There is a minimum charge of 1 cent on all timed calls.

jamcyber.com may provide Customers and Resellers with access to the jamcyber.com billing (or “reseller”) software. This software may provide figures detailing total call costs and individual call details. Where the software is provided, it is provided as a guide only and records should be kept by the Customer to check that the total provided is correct. The software should serve only as a tool for verifying the Customer’s own records.

All Customers are assigned a unique jamcyber.com identification username and password. The Customer should keep confidential all passwords the Customer is given in connection with the service. The Customer acknowledges that jamcyber.com will disclose any information in connection with the customer’s accounts to any person who correctly quotes the Customer’s password.

jamcyber.com’s DIDs are direct in dial numbers owned by jamcyber.com which are connected to our server in Sydney. jamcyber.com’s incoming DID service gives you exclusive use of one or more of these numbers so that any calls to the number will be automatically directed to your jamcyber.com phone. You can further divert this call to any other fixed or mobile phone. You can have as many DIDs directed to your service as you like, from as many cities as you like. jamcyber.com DIDs always remain the property of jamcyber.com and the use of these DIDs is a service offered by jamcyber.com. You cannot port a jamcyber.com owned DID to another provider, unless a written request is made to transfer the ownership of the DID to the customer. jamcyber.com may transfer ownership of a DID to the customer at a cost of $20 per single DID or $100 per 100-number block of DIDs. Customer-owned direct in dial numbers are then portable to other Telstra or Optus.

Customers may port their own number to jamcyber.com from Optus or Telstra. This ported DID will continue to belong to the customer, and not jamcyber.com. This DID can be ported to another Telecommunications provider by the customer without notice to jamcyber.com.

jamcyber.com offers a supplementary phone service only. The phone service provided is supplementary to your existing landline or mobile phone service. As such, you are required to own an active landline or mobile with a Telecommunications provider in Australia at all times. Emergency calls are dialled on your landline or mobile phone only because Voice over IP by nature is not fault-free as mentioned above. jamcyber.com may contact you on your mobile or landline periodically to ensure that your details are up to date. When calling Emergency Services (000) from a jamcyber.com phone your location details may not be automatically transmitted to the operator. When calling 000 using a VoIP phone service, the operator must verify your location details with you.

If in jamcyber.com’s opinion, you breach any of the terms and conditions of this Agreement, we may suspend, terminate, or limit your access to the Service and terminate this Agreement effective immediately. The termination of the Service shall not preclude jamcyber.com from exercising any other rights jamcyber.com may have against you under this Agreement.

These terms plus the terms of the chosen Service(s) constitute the entire Agreement between the Customer and jamcyber.com concerning Service(s). Any condition, warranty, representation, or other terms which might otherwise be implied into or incorporated into these terms and conditions, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded. Neither party shall have any remedy in respect of any untrue statement made to it upon which it relied in entering into this Agreement (unless such untrue statement was made fraudulently) and each party’s only remedy shall be for breach of contract as provided in this Agreement.

These terms and conditions are governed by the laws and regulations of the state of New South Wales.

Refund Policy

For prepaid accounts, in normal circumstances, the customer’s account balance will not go into a debit balance below 0.00 (see the Delivery of Service notes in the FAQ section for situations where this might occur). A pre-paid balance can be refunded to the customer on request.

If the customer wishes to discontinue the service and has a credit balance at the time of cancellation, we will refund the remaining balance of the customer’s account back onto their credit card (we can also refund by direct deposit by request). The customer may cancel their service at any time by calling support.

Plan purchases are non-refundable, as all services associated with a particular plan are activated at the time of purchase.

Usually, a refund from the account credit balance to the customer (via credit card or direct deposit) is only available when closing an account, but if the customer has accidentally added more funds to their account than they had intended, a refund will be made if the customer contacts support.

Complaints Handling Policy

jamcyber.com strives for excellence in customer service, one of the strongest points about jamcyber.com is our reputation as one of the best and most customer-friendly CSPs in Australia. However, sometimes things do not go as planned. It may be that you don’t agree with your bill or perhaps the staff member you spoke with did not address your concern correctly. Whatever it may be, we want to hear about it. It is your right to complain and this feedback helps us to continually better our services for you and other customers. Current or former customers of jamcyber.com are welcome to make a complaint if they feel the need to do so.

If you would like to nominate an authorised representative or advocate to make a complaint on your behalf, please authorise them during your call or email.

What is defined as a complaint?

A complaint means an expression of dissatisfaction made to us in relation to our services or the complaints handling process itself, where a response or resolution is explicitly or implicitly expected by you. Contacting jamcyber.com to request support or to report a service difficulty is not necessarily a complaint. Technical and support issues are common and occur for many reasons, if you are simply experiencing a technical issue we will not consider your contact with us as an official complaint unless you specifically request us to.

First point of contact

Jam Cyber’s Technical Support team is the customer support team within jamcyber.com who assist to resolve issues of a technical nature. PH: 1800 818 875 or email helpdesk@jamcyber.com

jamcyber.com’s Accounts team is the customer support and main point of contact within jamcyber.com for questions regarding your account or further information about our services. PH: 1800 818 875 or email helpdesk@jamcyber.com

If you are having difficulties with your Accounts or Technical Support representative, they should be able to transfer you to someone else to help resolve your issue.

Lodging a formal complaint

If our Accounting or Technical Support teams have been unable to satisfy your issue, you can request for your call to be considered a complaint. You may also make a complaint directly to our operations manager: Email helpdesk@jamcyber.com, or by mail to PO Box 1235, Glenelg South SA 5045.

Minimum information required when submitting a complaint

Account holder’s full name, account username, daytime contact phone number, details of complaint (dates, times, staff members spoken to), and your proposed outcome.

Resolving the complaint

All jamcyber.com staff are generally capable of resolving the majority of complaints. Our main goal is to resolve your complaint with a fair resolution upon your first contact with us. Upon receiving your complaint, you will receive an acknowledgment that it has been received within two working days.

If you are unsatisfied with the response, you can request that your complaint be directed to a senior staff member. Generally, all complaints are already handled by a senior staff member. If your complaint has been lodged over the phone, you may be directed to a senior staff member in the first instance. In the situation that a senior staff member is not available to answer your call, please allow up to six hours for them to return your call. If you have called at the end of the working day they may try and contact you up until 9pm AEDST or return your call at the start of the next business day.

The outcome of a complaint

Some complaints are more complex than others and as such may take longer to resolve. We aim to provide a resolution at this level within five working days. We will not implement any resolution until acceptance is received from you.

We will advise you either verbally (via telephone) or in writing (via email or SMS) of the outcome of your complaint. If you prefer a specific method of contact, this may be requested when lodging your complaint.

Urgent complaints

A complaint is considered urgent if it falls under one of the following categories: you have applied for or have been accepted as being in Financial Hardship under jamcyber.com’s Financial Hardship policy and where the nature of the complaint can reasonably be presumed to directly contribute to or aggravate your Financial Hardship, or if your service is about to be disconnected and/or this has happened in error. Jam Cyber does not offer the Priority Assistance scheme.

Further options

You will find that all matters can be handled by jamcyber.com’s internal processes and we do require that you first allow us the opportunity to exhaust all avenues in resolving your complaint. However, if you are not satisfied with our handling of your complaint and you have escalated this within jamcyber.com, you may seek complaint mediation or further assistance from the Telecommunications Industry Ombudsman. Contact details of the TIO can be found on their website.

Translating and interpreting services

If English is not your first language, the Department of Home Affairs provides a translating and interpreting service.

Contact details

To contact Jam Cyber please use any of the contact details located on our website jamcyber.com or call 1800 818 875.

What is financial hardship?

The Telecommunications Consumer Protection Code defines financial hardship as: “A situation where a Customer is unable, reasonably, because of illness, unemployment or other reasonable cause, to discharge their financial obligations under their contract with the Supplier, and the Customer reasonably expects to be able to discharge those obligations if payment and/or Service arrangements were changed. Financial hardship can be of limited or long-term duration.”

Financial hardship involves a customer’s inability to pay bills, not an unwillingness to do so. Customer hardship can arise from a variety of situations. Hardship can be either of limited duration or long term. Hardship may arise from loss of employment of you or a family member, illness (including physical incapacity, hospitalisation or mental illness) of you or a family member, family breakdown, a death in the family, or other factors resulting in an unforeseen change in your capacity to meet your payment obligations, whether through a reduction in income or an increase in non-discretionary expenditure.

Contact us

The earlier you contact us, the better. Discussing your concerns allows us to help you manage your bills. If you are having a problem paying your bill, or you wish to discuss options available to you to minimise your bill, call jamcyber.com on 1800 818 875, Monday to Friday 9am–5pm AEDST.

Jam Cyber’s policy

A payment arrangement may be made if evidence of a hardship claim can be supported with appropriate documentation. If documentation cannot be delivered to justify the claim, a payment extension may be offered to provide the revised due date does not fall into a new billing period.

A payment arrangement is an agreement between Jam Cyber and yourself, where an outstanding balance may be broken into smaller repayments that are more manageable for you.

If you require time to pay an outstanding amount, agreeing to a payment plan and sticking to it will help prevent disconnection of your service. Disconnection of your service is used only as a last resort, and we will work with you to avoid this if possible.

To assist us in establishing the level of support you require, dependent on your circumstance, we may request supporting evidence, including, but not limited to: a statutory declaration from a person familiar with the customer’s circumstances (family doctor, clergy, bank officer, etc.), evidence of the customer having consulted with, and/or being accompanied by a recognised financial counsellor, or a booking to see a financial counsellor, an income/expenditure assessment from Centrelink, or a severance letter from the customer’s most recent employer.

Judgment as to whether a customer is experiencing genuine financial hardship rather than simply seeking to defer payment lies with jamcyber.com.

Failure to honour the arrangement

If you do not adhere to the terms of the arrangement and do not contact jamcyber.com to re-negotiate, we will take reasonable steps to contact you or your authorised representative (e.g. financial counsellor) before taking further action.

If any further financial difficulties are experienced, you must immediately notify us so that the arrangement can be reviewed.

After reasonable unsuccessful attempts have been made by jamcyber.com to contact you (or your representative), or if you refuse to honour the arrangement, the outstanding payable amount may be referred to a third party debt collection agency.

Minimising your debt

There are options available for minimising your debts: changing to a lower plan, or temporarily suspending your service so no further invoices are generated.

Further options

There is a range of other financial support services available such as free financial counselling services offered in each state and territory in Australia. For more information on these and other options available please see the ACMA website.

Translating, interpreting, and counselling services

If English is not your first language, the Department of Home Affairs provides a translating and interpreting service. You can talk to a phone financial counsellor from anywhere in Australia by calling 1800 007 007 (minimum opening hours are 9.30am–4.30pm Monday to Friday). This number will automatically switch through to the service in the State or Territory closest to you.

Contact details

To contact Jam Cyber please use any of the contact details located on our website jamcyber.com or call 1800 818 875.

Revision of the Financial Hardship Policy

Magnetic Alliance Cyber Pty Ltd reserves the right to revise, amend, or modify the Financial Hardship Policy, our Internet Service Agreements, and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on jamcyber.com.

Network Security and Security Tools

Customers agree to accept responsibility and liability for the security of and/or access to their networks and related systems. You must take reasonable and appropriate precautions to prevent any violations of your network and/or related systems security. jamcyber.com does not take responsibility or liability in any way for any violations of your network and/or related systems security, however caused.

While jamcyber.com is responsible for the provision of your service, you are responsible for ensuring that adequate security in the form of virus protection and firewalls exist to protect your electronic data and computer operating system against unauthorised or unwarranted intrusion.

Why is security software important, and what does it protect from?

Viruses: security software helps deliver protection that stops most viruses, such as trojans and worms, before they can infect your computer.

Spyware: security software can help prevent cyber criminals from hacking into your computer and stealing your personal information such as passwords.

Information and identity theft: security software can help protect you from software that may self-install on a computer, or be installed as a hidden component of another program. These programs generally enable information to be gathered secretly about what websites you visit, your passwords, etc.

Online predators: security software can monitor your children’s website and social network activity, and can also block access to inappropriate material or websites where required.

What should I use?

jamcyber.com does not recommend any one piece of security software, as everyone’s needs are different.