Terms of Service

These terms govern your use of Orkestro Phone, an AI-powered softphone service provided by Orkestro (Australian owned and operated). By using the service you agree to these terms. If you are signing up on behalf of a business, you confirm you are authorised to bind that business.

We comply with the Telecommunications Act 1997 (Cth) and the Telecommunications Consumer Protections (TCP) Code, and these terms are intended to be read consistently with both.

Orkestro Phone provides PSTN voice calling, AI-assisted call handling, caller information capture, callbacks and handoffs to your team. The service is configured around your approved knowledge base and workflows.

The service depends on third-party networks and internet connectivity. We aim for high availability but do not guarantee uninterrupted service, and we may suspend the service for maintenance, security or legal reasons with notice where practicable.

Important: Orkestro Phone is not a substitute for a standard telephone service for calling emergency services (000). Always keep an alternative means of contacting emergency services available.

You must use the service lawfully and in accordance with the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth) for any outbound calling or messaging. You are responsible for the accuracy of the knowledge base and content you approve for the AI to use, and for informing your callers where calls are recorded or handled by AI, as required by law.

You must not use the service to mislead, harass, or impersonate others, or in any way that breaches the Privacy Act 1988 (Cth) or other applicable law.

We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Call recordings, transcripts and caller details are collected to provide the service and are handled as described in our Privacy Policy.

You are the controller of your customers' data captured through the service and are responsible for meeting your own privacy obligations to them.

Fees are as set out in your plan and are billed in advance monthly unless otherwise agreed. Prices are in Australian dollars and inclusive of GST unless stated otherwise. We will give you at least 30 days' notice of any price change.

If you believe there is an error on your bill, contact us and we will investigate in line with the TCP Code. You may withhold the disputed amount while we investigate, but undisputed amounts remain payable.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the ACL or any other law that cannot lawfully be excluded.

Where we are permitted to limit liability for a failure to meet a consumer guarantee, our liability is limited to supplying the services again or paying the cost of having them supplied again.

To the extent permitted by law, we are not liable for indirect or consequential loss, loss of profits, or loss arising from events outside our reasonable control (including third-party network failures). Our aggregate liability is otherwise limited to the fees you paid in the 12 months before the claim arose.

If you have a complaint, contact us first at talk@orkestro.com.au or 02 7989 4538 and we will acknowledge it within 2 business days and aim to resolve it within 15 business days, in line with the TCP Code.

If you are not satisfied with our response, you may contact the Telecommunications Industry Ombudsman (TIO) on 1800 062 058 or at tio.com.au. The TIO is a free and independent dispute resolution service.

We may update these terms with at least 30 days' notice. If a change materially disadvantages you, you may cancel the service without early termination charges.

Either party may end the service with 30 days' notice. We may suspend or terminate immediately for unlawful use, non-payment, or serious breach of these terms.

These terms are governed by the laws of New South Wales, Australia. If any part of these terms is unenforceable, the rest continues to apply. These terms, together with your plan details and our Privacy Policy, form the entire agreement between us for the service.