Terms of Service

Last Updated: January 28, 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and heardle ("we", "us", or "our") regarding your use of our cloud PBX, business NBN, and related telecommunications services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.

2. Services Description

heardle provides:

  • Cloud-based PBX (Private Branch Exchange) systems
  • Business-grade NBN (National Broadband Network) connectivity
  • Managed telecommunications services
  • Hardware installation and configuration
  • Technical support and maintenance

Service availability, features, and specifications are subject to change. We will provide reasonable notice of material changes to Services.

3. Account Registration and Eligibility

To use our Services, you must:

  • Be at least 18 years of age or have parental consent
  • Provide accurate, current, and complete information
  • Maintain and update your account information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access

You are responsible for all activities that occur under your account.

4. Service Plans and Pricing

Service plans, pricing, and features are detailed in your service agreement or on our website. We reserve the right to:

  • Modify pricing with 30 days' notice
  • Change plan features and specifications
  • Offer promotional pricing subject to terms and conditions

All prices are in Australian Dollars (AUD) and exclude GST unless otherwise stated.

5. Payment Terms

5.1 Billing

Services are billed monthly in advance. Payment is due within 14 days of invoice date unless otherwise agreed.

5.2 Payment Methods

We accept payment via credit card, direct debit, or bank transfer. You authorize us to charge your payment method for all fees.

5.3 Late Payments

Late payments may incur interest charges and may result in service suspension or termination. We reserve the right to charge reasonable collection costs.

5.4 Refunds

Refunds are provided in accordance with Australian Consumer Law and your service agreement. Setup fees and hardware purchases are generally non-refundable unless otherwise specified.

6. Service Level Agreement (SLA)

We provide service level commitments as specified in your service agreement. Typical commitments include:

  • 99.9% uptime for cloud PBX services
  • Network performance guarantees for NBN services
  • Response times for support requests

SLA credits, if applicable, will be applied in accordance with your service agreement.

7. Acceptable Use Policy

You agree not to use our Services:

  • For any illegal or unauthorized purpose
  • To transmit spam, unsolicited communications, or bulk messaging
  • To harass, abuse, or harm others
  • To violate any applicable laws or regulations
  • To interfere with or disrupt our Services or networks
  • To attempt unauthorized access to systems or data
  • To resell Services without written authorization

Violation of this policy may result in immediate service termination without refund.

8. Intellectual Property

All content, software, trademarks, and intellectual property related to our Services are owned by heardle or our licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes only.

9. Data and Privacy

Your use of our Services is also governed by our Privacy Policy. We collect, use, and protect your data in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.

10. Service Modifications and Availability

We reserve the right to:

  • Modify, suspend, or discontinue Services with reasonable notice
  • Perform maintenance that may temporarily affect service availability
  • Update software and systems as necessary

We will provide advance notice of scheduled maintenance when possible.

11. Termination

11.1 Termination by You

You may terminate Services by providing written notice in accordance with your service agreement. Early termination fees may apply.

11.2 Termination by Us

We may terminate or suspend Services immediately if:

  • You breach these Terms
  • You fail to pay fees when due
  • You engage in illegal or harmful activities
  • Required by law or regulatory authority

11.3 Effect of Termination

Upon termination, your access to Services will cease, and you remain liable for all fees incurred up to the termination date.

12. Warranties and Disclaimers

We warrant that Services will be provided with reasonable care and skill. To the maximum extent permitted by law:

  • We do not warrant that Services will be uninterrupted, error-free, or secure
  • We disclaim all implied warranties
  • Our liability is limited as set forth in Section 13

Nothing in these Terms excludes, restricts, or modifies any rights you may have under the Australian Consumer Law.

13. Limitation of Liability

To the maximum extent permitted by law:

  • Our total liability for any claim is limited to the amount paid by you for Services in the 12 months preceding the claim
  • We are not liable for indirect, consequential, or special damages
  • We are not liable for loss of profits, data, or business opportunities

These limitations do not apply to liability that cannot be excluded under Australian Consumer Law.

14. Indemnification

You agree to indemnify and hold harmless heardle, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any third-party rights

15. Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

16. Dispute Resolution

If a dispute arises, the parties agree to:

  1. First attempt to resolve the dispute through good faith negotiation
  2. If negotiation fails, engage in mediation before a mutually agreed mediator
  3. If mediation fails, proceed to binding arbitration or court proceedings as applicable

This clause does not prevent either party from seeking urgent injunctive relief.

17. Governing Law

These Terms are governed by the laws of Australia and the state in which heardle operates. Any disputes will be subject to the exclusive jurisdiction of Australian courts.

18. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email or through our Services. Your continued use of Services after changes constitutes acceptance of the modified Terms.

19. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

20. Entire Agreement

These Terms, together with your service agreement and Privacy Policy, constitute the entire agreement between you and heardle regarding the Services.

21. Contact Information

For questions about these Terms, please contact us:

heardle
Email: legal@heardle.com.au
Phone: 1300 1 Heard (1300 143 273)
Address: Factory 8, 3 Fairmile Close, Charmhaven, NSW 2263
PO Box: PO Box 4604, Lake Haven, NSW 2263