Premium Number Terms

Please read this document carefully before licensing a Premium number from Think Pickle Pty Ltd (“Pickle”). By using any Pickle Premium number (“Premium number”) you agree to comply with the terms of this Premium Number Terms (“Terms”).

What is a premium number? A premium number is an EROU number that we have the right to license to you, and includes any alphanumeric translation of that EROU number. If we accept your application for a premium number, we will license and provide that premium number to you on the terms of this section of Our Customer Terms.

Minimum period You must take a premium number from us for a minimum period of 12 months (“minimum period”).

Licence Terms If we accept your application for a premium number, we grant you an exclusive, non-assignable, non-transferable licence to use the premium number as a telephone number with your Inbound Service. You may not assign or transfer the licence unless we agree otherwise.

Using a premium number You must not use the premium number in a way that will:

  • infringe the intellectual property rights of any other person; or
  • mislead or deceive or be likely to mislead or deceive other people.

This clause will override any other clause in this section of Our Customer Terms to the extent that there is an inconsistency.

You must comply with all laws, industry codes and regulations that relate to the use of the premium number.

If a third party alleges or claims that your use of the premium number, or any application or registration for the premium number, infringes the rights (including intellectual property rights) of that party or is misleading or deceptive, or is likely to mislead or deceive or constitutes passing off, it is your responsibility to obtain legal advice and resolve the matter with the third party.

Using a premium number with an associated trade mark In addition to the terms above, we are required to ensure that you use the premium number in a certain way (which includes your use of any trademarks associated with the premium number). You agree:

  • to only use the premium number in connection with the types of goods or services associated with the premium number;
  • not to sub-license your rights to use the premium number to any person without our written permission;
  • to only use the premium number in accordance with our reasonable directions and certain quality standards that we may tell you about from time to time;
  • at our request, to provide us with samples of how the premium number is used including its use on documents, labels, artwork, advertising and other materials;
  • on reasonable notice, to provide us or a third party that we nominate, with access to your premises so that we can determine if the use of the premium number is in accordance with the terms set out in this section of Our Customer Terms;
  • to obtain our prior written consent before registering a trade mark, domain name, company name, business name or other trading name which incorporates the premium number. You acknowledge that you only have a licence to use the premium number as a telephone number and so we may not always agree to allow you to register a trade mark, domain name, company name, business name or other trading name which incorporates the premium number; and
  • that the use of the premium number (including any use or registration as or as part of a trade mark, company name, business name, domain name or other trading name) is at your risk.

Charges - licence agreements entered The fees for:

  • your licence to use a premium number; and
  • the assignment to you of our rights in a premium number, are set out in your application form.

The fees do not cover any charges relating to telecommunications services provided in connection with the premium number.

We will invoice you for the licence fees in advance and you must pay us within 14 days of receiving the invoice.

You acknowledge that the assignment to you of our rights in a premium number will not be effective until we receive full payment of the fee for the assignment.

If you agree to license a premium number from us for a contract term of three years, then the fees are reduced by 50% for the first 18 months of that term.

Failure to pay fees If you breach your obligation to pay the fees for your use of a premium number we may, in addition to our other rights under Our Customer Terms, assign our rights in respect of your licence to use that premium number to the third party that owns the premium number. From the date of that assignment, that third party may invoice you directly for the premium number and perform our obligations to you in respect of the premium number.

Cancelling your premium number You acknowledge:

  • that a third party owns the premium number and has provided us with the rights to sub-license the premium number to you; and
  • and agree that you have no rights in the premium number, or to use the premium number, other than as expressly stated in this section of Our Customer Terms.

If we reasonably believe that the use of your premium number is in breach of the terms set out in this section of Our Customer Terms, we may be required to cancel or suspend your premium number.

You may cancel your licence to use a premium number by providing us with one month’s written notice.
If you cancel your licence to use a premium number before the expiry of the contract term that you agree with us (“contract term”), you will have to pay us an early termination charge. The early termination charge will be equal to 100% of the total monthly fees payable for the remainder of the contract term, calculated from the date you cancel your licence.

You acknowledge that the early termination charge is a genuine pre-estimate of the loss we are likely to suffer if you cancel your premium number licence.

If you port your premium number to another service provider that is not on the Pickle network, then we will immediately and automatically assign our rights in respect of your licence to use that premium number to the third party that owns the premium number. From the date of porting, that third party may invoice you directly for the premium number and perform our obligations to you in respect of the premium number.

If you decide to cancel your Inbound Service, you acknowledge that we may also cancel your licence to use that premium number 20 business days after you cancel your Inbound Service if the premium number is for that Inbound Service. You will also be required to pay us an early termination charge.

If your licence to use a premium number expires or terminates, you must immediately stop using the premium number and stop using, and cancel any registrations or applications for, any trademarks, domain names, company names, business names or other trading names which incorporate the premium number. You acknowledge and agree that after termination or expiry of your premium number, we or the third party that owns the premium number may licence that premium number to another person. After the expiry or termination of your premium number, you agree not to take action against us or a third party for use of the premium number or any trademarks, domain names, company names, business names or other trading names which incorporate the premium number.

We may need to cancel your licence to use a premium number if we no longer have the right to licence the premium number to you. If this happens, we will tell you as soon as reasonably possible and we will use all commercial endeavours to procure a licence from the applicable third party, for you to continue using the same premium number.

You acknowledge that if we attempt to procure a licence for you from a third party, we may disclose your information and the details of your existing premium number licence to the applicable third party to enable us to do so.

You must not procure or assist a third party to do anything you have agreed not to do in this section of Our Customer Terms.