Standard Form Of Agreement: Terms and Conditions
Telecom Corporation Of Australia Pty Ltd ABN 37 607 515 775
We will supply You with telecommunications services ("Services") other than that defined under "Part 6.127 of the Telecommunications (Consumer Protection and Services Standards)
ACT 1999 on the terms and conditions set out below. Words not defined in these terms and conditions have the same meaning as in the Telecommunications Act 1997.
"We", "Us" and "Our" means the ENITY named above.
"You" and "Your" means the person or entity that requested Us to supply Licensed Telephone Number under this agreement.
"CPI" means the consumer price index (all groups, Brisbane) published by the Australia Bureau of Statistics.
"Insolvent" means anything that reasonably indicates that there is a significant risk that You are or will become unable to pay Your debts as they fall due. This includes any of the following:
(a) A meeting of the Your creditors being called or held.
(b) A step being taken to wind You up.
(c) A step being taken to have a receiver, receiver and manager, administrator, liquidator or provisional liquidator appointed to You or any of its assets or such an appointment taking place.
(d) You entering into any type of agreement, composition or arrangement with, or assignment for, the benefit of all or any of its creditors.
(e) You ceases or threatens to cease to carry on Your business.
"Intellectual Property Rights" means all and any patents, patent applications, trade marks, service marks, trade names, registered designs, unregistered design rights, copyrights, know how, trade secrets, domain names, internet addresses, rights in confidential information, and all and any other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the same.
"Licensed Telephone Number" means the telephone number or telephone numbers for which You requested a licence in the application form.
"Loss" means any loss, damage, cost, liability or expense. It includes legal expenses on a full indemnity basis.
"Related Party" means any party nominated by Us.
1. OUR AGREEMENT WITH YOU
1.1 As a customer of ours these terms and conditions form the basis of Our agreement with You and You unreservedly warrant to be bound by these terms and conditions.
1.2 Our agreement with You also includes:
(a)to supply You with telecommunications services ("Services") by Us in accordance with the terms contained herein.
(b)Your application or order form, which You complete and provide to us. We may accept and rely on facsimile copy or PDF copy or image copy of the application or order form as if it was an original. You will be bound by an email, facsimile, PDF copy or image copy of the application or order form as if it was an original.
1.3 Our agreement with You also includes Our currently applicable price list or rates as agreed in writing. The price list may change with fourteen days notice as published at Compliance > Rates. Unless otherwise agreed in writing, prices quoted at the time of entering the agreement are guaranteed fixed for 6 months after which services will then be charged at the now current rates as published at Compliance > Rates
1.4 Your instructions to Us are to be in writing by email. Unless by audio recording, no verbal instructions to Us will be enforceable by You or acted upon by us.
2. SERVICE DESCRIPTION
2.1 Services will be supplied to You through the carriers or networks ("Carriers") that We nominate from time to time. You agree that We -
(a) may change Carriers without reference to You at any time; and
(b) have Your express authorisation to notify any relevant Carrier in respect of and to effect any such change.
2.2 We do not warrant that We will be able to supply Services and We are not liable for any failure to provide all or part of any of the Services, but, to the extent and to the standard that Carriers provide Services to us, those Services will be provided by Us to you. When Your connection is disrupted, We will do Our best to reinstate Our Services to You as soon as practicable.
2.3 We do not supply services other than those services published on Our website.
2.4 When using the Services, You agree to -
(a) comply with all statutes, regulations, by-laws or licence conditions of any government body; and
(b) not breach any person's rights or otherwise cause Us or a Carrier loss, liability or expense.
2.5 Our obligations to provide the Services ceases when You transfer Your Services to another supplier, tolling ceases on Our network and the other supplier takes over full billing of those services.
3. CHARGES AND PAYMENT
3.1 You agree during the term of this agreement:
(a) to be charged and pay for the Services We provide to You as published on Our website at Compliance > Rates;
(b) that as Our charges are exclusive of any taxes, government charges, INMS charges and bank charges. You agree that We are to pass on to You the full amount of any such taxes including government charges, INMS charges, and bank charges payable. We offer two free fee payment options 1/ by way of Bank Cheque. Bank Cheque is a payment instrument by law included in the Reserve Bank Of Australias's Payment Systems - refer RBA Payments System and 2/ by way of online payment by credit card or debit card through our TBILL online gateway at TBILL Customr Portal
(c) Pay In Advance (prepay) : unless otherwise agreed in writing, You will conduct Your account with Us on a to Pay In Advance (prepay) basis and Pay In Advance (Pre-Pay) for services including charges noted in 3(b). Pay In Advance means You pay for Your monthly recurring plan fee plus call charges in advance. Pay In Advance is not a "recharge system" or a "pay-as-you-go system". You are charged a monthly fee even if You chose not to receive any calls or use the service or features.
(c) (i) If Your Pay In Advance (prepay) available credit runs down to zero balance or goes into debit (meaning Your credit runs out) each and every service is automatically suspended. Callers who call Your suspended service or services will hear a Recorded Voice Announcement (RVA) notifying them that the call cannot be completed.
(c) (ii) If Your account remains without credit for 7 days the RVA will change to a 'number is disconnected' message. If after 14 days from the date of Your most recent invoice You haven't brought Your account into credit You will be charged compound interest at the rate of 1.5% per month. Your account will continue to accrue fees, charges and interest until Your account is brought back into credit.
(c) (iii) If after 21 days from the date of Your most recent invoice You haven't brought Your account into credit Your service(s) will be disconnected without further notice and You will be charged a $100 disconnection fee for each service. Your account will continue to accrue fees and charges until Your account is brought back into credit.
(c) (iv) At Our absolute discretion We may allow You to pay In Arrears (Post Pay) accounts for charges noted in 3(b) by the due date specified in the account invoice ("Due Date") or upon demand to Your nominated bank account or credit card account. You agree to maintain a direct debit authority with Us at all times in order to continue receiving discounted rates. However, each time You use Our services, or cause or allow Our services to be used, You agree and reaffirm that We have Your full authorisation to charge Your designated credit or debit card or obtain payment for the Services through such means as are legally available to us. You agree to pay a credit card transaction fee on each transaction of $1.00 or 2.5% of invoice for Visa and Mastercard and 4.0% of invoice if (offered through) American Express whichever is the greater and 5% of invoice for any further instruction from You to attempt to draw again from Your nominated credit card. You agree to pay a bank account transaction fee of $1.00 for the first transaction and 5% of invoice for any further instruction from You to attempt to draw again from Your nominated bank account. You agree to pay an Annual Direct Debit Account keeping fee of twelve dollars paid yearly in advance. You agree that Your account will immediately be placed on Pay In Advance (Pre-Pay) in accordance with above and You authorise to suspend services until such time as Your account is brought into credit. If Your direct debit authority defaults on more than one occasion You instruct Us to transfer Your account to Pay In Advance (Pre-Pay)
(d) Monthly services fees are charged monthly in advance and not on a pro-rata basis.
(e) Your account limit is one hundred dollars in any 30 day period. Upon Your call charges exceeding the account limit, You give Us the right to apply a progress payment of the current amount owed (including unbilled charges) and You authorise Us to manually debit that amount from Your nominated bank or credit card. If Your account remains over limit past 7 days from the date of notice, You agree that Your account will be suspended until such time as Your account is rectified.
(f) You agree to access invoices through Our Secure Online Accounts Portal and agree not to disclose Your password to any other party. You agree to download and print out Your invoice in the first week of each month. You agree to download Your call history in the first week of each month.
(g) If You have more than one account under the same Australian Business Number (ABN), You agree We can mesh all accounts and transfer outstanding fees and charges from any of Your accounts to any other of Your accounts.
(h) Customers on Our Corporate Network or who access corporate plan rates agree to pay additional security by way of a credit retention equal to ten percent of the previous invoice which will continue to accrue. The accrued credit will be refunded to the corporate customer upon cancelation of all services or if all services are transferred off Our corporate network or if administrators are appointed. The accrued credit will be applied to the corporate customer's account to offset debt. Upon closure of the corporate customer's account, any remaining credit (if any) will be paid to the corporate customer within 14 days notice of the corporate customer advising Us if its nominated bank account. A refund will not be paid to a credit card.
3.2 If You dispute in good faith an amount in the account invoice, You must notify Us in writing within fourteen days setting out reasons for the dispute and the amount in dispute. Notwithstanding any dispute as to any amount of any charge, You must pay the whole amount of each account by the Due Date. You will be in breach of this agreement if You fail to pay the whole amount of each account by the Due Date.
3.3 If You do not pay the account by the Due Date or upon demand to Your nominated bank account or credit card, then We may charge interest at the rate of 1.5% per month or part thereof on the outstanding amount of the invoice and suspend all or part of Your Services pending payment of outstanding amounts on the account. Nothing in this clause affects Our rights to terminate this agreement under clause 8. We also reserve the right (at Our discretion) to a) rescind the discount prices You pay for the Services and to set Your rates to the currently published Standard Rates plan at Compliance > Rates from the first day of the current billing month regardless of any fixed price offer noted in clause 1.3. and b) commence credit management action.
3.4 If You direct us, or authorise another carrier to transfer any of the Services to another supplier or You cancel services, You will pay in full -
(a) all of Our account invoices and unbilled charges up until the time We stop providing the Services and before We will release the number in question; and
(b) all other proper charges that We become aware of after the date of transfer that relate to the Services We provided to you.
3.5 Where a 1300/1800 monthly service fee is offered at discounted rates, it is conditional upon the service remaining active and payment of Our charges made by the Due Date or upon demand to Your nominated bank account or credit card with a minimum monthly spend of five dollars per service number. Customers may upgrade or downgrade any plan except down at any time in writing and without a cost to do so. Unless otherwise agreed in writing, additional charges apply for routing, baring and other non-standard services with all plans. Where capped calls and capped rates are offered, We reserve the right to discontinue capped calls and capped rates at any time without notice. Where a cancelled service requires reconnection, You agree to a charge of one hundred and fifty dollars applied to each service number. Where a suspended telephone number service requires reconnection, You agree to a charge of twenty dollars applied to each service number.
3.6 Where payment by direct debit or by credit card is dishonoured by Your financial institution, We have the right to charge a dishonour fee of twenty five dollars for the first dishonour and twenty five dollars thereafter. Upon notification of the first dishonour Your service charges will be set in accordance with Our Standard Rates and You agree to pay Us a security bond in accordance with 5(e). Upon payment of a security bond, Your rate will be set to the rate prior to Your dishonour notice commencing the first day of the next billing month.
3.7 You agree and instruct that services shall not be cancelled by any means unless You complete a "Cancellation Form". Further, where Your invoices are dishonoured in two consecutive months or where Your invoices are dishonoured three or more times, You agree and instruct Us to immediately cancel all services. Upon receipt of a completed Cancellation of Services form, You instruct Us to suspend all services. However, Your services will remain active (in suspension) on Your account until cancelled by Our network. You also agree to give one month's notice for the purpose of collecting any outstanding unbilled call records to finalise Your account.
3.8 If the customer fails to pay for any services the customer and/or business will be in default which may affect the credit rating for the next 5 years. You agree that if Your account remains unpaid 21 days past the due date We may apply a debt collection fee of 25% of the debt or fifty dollars whichever is the highest to cover Our for debt collection administration costs. You will be liable for any solicitor and/or professional debt collection agency fees.
3.9. Higher charges apply for OffNet customers.
3.10 Set-up time quoted is on a best effort basis. It is Your responsibility to monitor Your account and request a plan upgrade or downgrade. We are not required to notify You to upgrade or downgrade Your plan and this will not breach Your responsibilities under these terms.
3.11 You acknowledge that some callers may mis-dial Your service number(s), call without identifying the caller's number (anonymous caller) and calls seeking the previous business which held the Right Of Use (ROU) of your service number. You agree to accept to receive and pay for all calls connected to your inbound service number and You warrant that We are not liable to refund you for mis-dialed, anonymous calls or any other calls received that You may consider not in Your commercial interests to receive. You agree that where You choose to change a service number due to perceived residual calls due to a number used on a service of a previous entity You are liable for all cancellation fees (if applicable) and connection fees (if applicable) and You agree We are not liable for any costs incurred by You including costs for promotional material that may contain the disputed service number(s).
3.12 You warrant to test all services prior to publishing each service number. Further, where You request Us to provide an audit of Your inbound service number(s) and associated answer-points, You agree to confirm in writing the audited numbers are on Your account and such corresponding answer-points are correct prior to publishing any service number. Where a service number has been suspended or cancelled and subsequently reactivated, You warrant to test all such services prior to publishing the service number. Any other requested changes must be tested by You within 24 hours of such request. Any request for a change in service must be made no more than one business day prior to such change.
3.13 A fee applies on a 'user pays' system for each change to customer account details or services including but not limited to manual payment by direct deposit, cheque payment, answer point change, fax2email change, voice to email change, live answer change, file transfer, phone order payments and manual credit card payments etc.
3.14 Inbound service answered internationally charged at four times wholesale.
3.15 Fair Use Policy: To ensure 1300 and 1800 numbers are not seen to be "banked" by you, that is Your 1300 or 1800 number is connected but not in regular use, after Your first connection You agree to make "Fair Use" of Your inbound 1300 and/or 1800 services by tolling at least five dollars per month in call charges per service for the first 200 services numbers and ten dollar per service per month in call charges for every service thereafter. You agree to pay a recycle fee of fifty dollars for every number cancelled, replaced or ported away within three months of connection. If You apply to activate a Smart Number within 30 days of its expiry date with ACMA, You agree we will charge you a $60 Special Activation fee. We do this to avoid the activation of a Smart Number that is shortly thereafter cancelled to exploit an ACMA loop-hole. In any event, payment of a Special Activation fee does guarantee connection to our network and nor do we warrant to guarantee to connect Your Smart Number prior to Your Smart Number's expiry date with ACMA.
3.16 Unused calls during any calendar month will not be credited to the following month.
3.17 Non-compete: Unless otherwise agreed in writing, You are not to be involved in any respect with any business selling directly to end users or through a sales distribution channel any telecommunications-related services (including but not limited to provision of Viop, IPPBX, digital calls, call-routing/forwarding, find me/follow me, live answer service, messages on hold, voicemail to email or fax to email. You agree to notify Us upon breach of this clause and agree to pay Standard Rates commencing the day of the breach or the date of this agreement. Where services are supplied it shall be strictly on a wholesale basis.
3.18 You agree to notify Us when You have notified another Provider to transfer a service from Us to another Provider. You also agree to give one month's notice for the purpose of collecting any outstanding unbilled call records to finalise Your account.
3.19 Reconnected services will be set to the current highest call rated plan.
3.20 Individual offers: If at Our absolute discretion, we make a written offer to you for a rate or plans or any other product or service or any other thing not published on our website, such offer, if not accepted in writing or actioned within 30 days by You following the date of the written offer will become null and void. Further, any such offer will be extinguished after 6 months from the date of acceptance by you in writing of the offer.
4. AMENDMENTS TO TERMS AND CONDITIONS
Without limiting clause 3.1, We may vary, alter, replace or revoke any of these terms and conditions and We may interpret Your ongoing use of the Services as constituting Your acceptance of the variation, alteration, replacement or revocation.
5. CREDIT CHECK
We are not an organisation as defined under PART II, 6C of the Privacy Act. However, prior to Our accepting Your application, You have provided to Us all information relevant to Our assessment of Your credit rating for COMMERCIAL CREDIT. We do not offer You CONSUMER CREDIT. You have consented to the following:
(a) Our obtaining from a credit reporting agency a credit report containing personal information about you;
(b) Our giving to and seeking from any credit provider named in a credit report or in Your application, information in relation to Your credit rating including without limitation any information about Your credit worthiness, credit history or credit capacity that credit providers are allowed to give or receive from other credit providers under the Privacy Act 1988;
(c) Our making independent enquiries of third parties concerning Your financial standing and for this purpose You have authorised and permitted such third parties to supply such information regardless of any confidentiality or privilege which applies to the information sought; and
(d) Our providing any information We obtain about You to the relevant Carrier.
(e) where Your previous credit history indicates a credit risk or where any invoice has been dishonoured, We may require a security bond of good faith equal to fifty dollars or the total of the current month's invoice and the previous two month's invoices, whichever is the greatest. In the event of Your account is close, this security bond of good faith will be deducted from Your final invoice.
5.1 COMMERCIAL CREDIT AUTHORITY
1. Agreement that You are applying exclusively for COMMERCIAL CREDIT with Us and We may seek consumer credit information (Section 18K(1)(b), Privacy Act 1988). If We consider it relevant to assessing Your application for commercial credit, You agree to Us obtaining from a credit reporting agency a credit report containing personal credit information about me/us in relation to commercial credit provided by us.
2. Exchanging information with other credit providers (Section 18N(1)(b), Privacy Act 1988) You agree to Us obtaining personal information about me/us from other credit providers, whose names You may have provided to Us or that may be named in a credit report, for the purpose of assessing You application for commercial credit made to us.
3. Agreement to a credit provider being given a consumer credit report to collect overdue payments on commercial credit (Section 18K 1(h) Privacy Act 1988) You agree that We may obtain a consumer credit report about You from a credit reporting agency for the purpose of collecting overdue payments relating to commercial credit owed by you.
5.2 CONSUMER CREDIT AUTHORITY
You agree Your application is NOT an application for CONSUMER CREDIT but We advise an important Notice To Applicant(s) For Credit (Section 18(E)(1) Privacy Act 1988) as part of Your application for COMMERCIAL CREDIT. Notice of disclosure of Your credit information to a credit reporting agency. (Privacy Act 1988). We may give information about You to a credit reporting agency, for the following purposes:
(a) to obtain a consumer credit report about you, and/or
(b) to allow the credit reporting agency to create or maintain a credit information file containing information about you. The information is limited to:
(c) identity particulars - Your name, sex, address (and the previous two addresses) date of birth, name of employer, and drivers licence number.
(d) Your application for credit or commercial credit - the fact that You have applied for credit and the amount.
(e) the fact that We may become a current credit provider to you.
(f) loan repayments which are overdue by more than 60 days, and for which debt collection action has started.
(g) advice that Your loan repayments are no longer overdue in respect of any default that has been listed.
(h) information that, in Our opinion, You have committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with Your credit obligations).
(i) dishonoured cheques - cheques drawn by You for $100 or more which have been dishonoured more than once.
(j) that credit provided to You by Us has been paid or otherwise discharged.
Period to which this understanding applies: This information may be given before, during or after the provision of credit to you. Statement By Applicant(s) For Credit:
Please read carefully before signing the application form. Where there is more than one applicant, each applicant must sign.
5.2.1. Giving information to a Credit Reporting Agency (Section 18E(8)(c) Privacy Act 1988) We have informed You that We may give certain personal information about You to a credit reporting agency.
5.2.2. Access to Commercial Credit Information (Section 18L(4) Privacy Act 1988): You agree that We may obtain information about You from a business which provides information about the commercial credit worthiness of persons for the purpose of assessing You application for consumer credit (if applicable).
5.2.3. Access to Consumer Credit Information (Section 18K(1)(b), Privacy Act 1988): You agree that We may obtain a consumer credit report containing information about You from a credit reporting agency for the purpose of assessing Your application for commercial credit.
5.2.4. Exchange of Credit Worthiness Information (Section 18N, Privacy Act 1988): You agree that We may exchange information with those credit providers named in this application or named in a consumer credit report issued by a credit reporting agency for the following purposes;
(a) to assess an application by You for credit
(b) to notify other credit providers of a default by you
(c) to exchange information with other credit providers as to the status of this loan where You are in default with other credit providers
(d) to assess Your credit worthiness.
You understand that the information exchanged can include anything about Your credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act.
5.3 Agreement to a credit provider being given a consumer credit report by a credit reporting agency to assess a guarantor (Section 18K 1(c) Privacy Act 1988): You agree that We may obtain from a credit reporting agency a consumer credit report containing information about You for the purpose of assessing whether to accept You as a guarantor for credit applied for by, or provided to, the borrower(s) by Us . You agree that this agreement commences from the date of this agreement and continues until the credit covered by the borrower(s) application ceases and all debts paid in full.
5.4 Agreement to a credit provider disclosing a report including a consumer credit report to potential or existing guarantor (Section 18K (1) Privacy Act 1988): You agree that We may give to a person who is currently a guarantor, or whom You indicated is considering becoming a guarantor, a credit report containing information about You for the purpose of Us deciding whether to act as a guarantor, or to keep existing guarantor informed about the guarantee. You understand that the information disclosed can include anything about Your credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to disclose under the Privacy Act, and includes a credit report.
6. TRANSFER OF SERVICES
6.1 When You transfer any services ("Transferred Services") from a Carrier, a telecommunications service provider or equipment supplier who supplies telecommunications services or equipment to You at the time of signing this agreement ("Current Supplier") to us, You authorise Us to sign on Your behalf and in Your name any forms required by the Current Supplier to transfer the Transferred Services as We direct. Where such a transfer takes place and We refer to You previous Carrier's monthly invoice, it refers to the most recent whole monthly invoice.
6.2 You agree to immediately pay to the Current Supplier any amounts owing for the Transferred Services up to the date of the transfer.
6.3 When You transfer any current services ("Current Supplier") from Us to a Carrier, a telecommunications service provider or equipment supplier who supplies telecommunications services or equipment ("Transferred Services") We have at Our discretion to charge a release fee of fifty dollars for such transfer if Your account is overdue and remains unpaid at the time of the transfer. Call rates for the billing month of Your transfer notice and billing months following shall be rated at Premium Rates.
6.4 When You transfer an ACMA smartnumber, You agree give Us at least 60 days notice prior to the expiration of the smartnumber with ACMA or pay a Special Transfer fee of $60 no later than 30 days prior to the expiration of the smartnumber with ACMA. In any event, payment of a Special Transfer does guarantee connection to our network.
7. LIMIT ON LIABILITY
7.1 We do not exclude or limit -
(a) the application of any provision of any statute (including the Trade Practices Act 1974, the Privacy Act 1988 or the Telecommunications Act 1997) where to do so would contravene that statute or cause any part of this clause 7 to be void; or
(b) direct losses and damages which arise only as a result of Our gross negligence (which means where We commit an act or allow an omission to occur in reckless disregard of the consequences of the act or omission).
7.2 Except where clause 7.1 applies, We exclude all statutory liability, tortious liability (including but not limited to liability in negligence), conditions and warranties implied by custom, the general law or statute, liability for all direct, economic, consequential or indirect losses, expenses, damages and costs incurred by you, arising out of or relating to the Services, any failure to supply or delay in supplying the Services or out of or relating to this agreement.
7.3 Including, but not limited to, liability for gross negligence and except to the extent of clause 7.1(a), We are not responsible or liable for any indirect consequential or economic damages, including, without limitation, loss of income or profit or loss of actual potential business opportunities.
7.4 Our liability to You for any breach of any implied provision of this agreement (other than an implied warranty of title) is limited, at Our option, to refunding the price of the goods or Services in respect of which the breach occurred, or to providing, replacing or repairing those goods or providing those Services again.
7.5 We are not liable to You for any delay in the connection or failure in the operation of the Services.
7.6 You acknowledge that any liability of any Carrier to You in relation to the Services is governed by the terms and conditions on which that Carrier from time to time supplies that service to its own retail customers.
8. TERM OF AGREEMENT
8.1 This agreement will commence on the date of its signing by Us or the date You are notified with Your customer account number and password or the date otherwise notified whichever is the earliest.
8.2 You may cancel this agreement in accordance with clause 8.3.
8.3 (a) TBILL Customers: You may cancel this agreement at any time with one calendar month's written notice on Our approved form. Unless otherwise noted in a written binding contract and subject to earlier termination, this agreement will automatically terminate at the end of 3 month's period. Upon termination at the end of the 3 month period, Your continued use of Our services will therefore automatically renew Our agreement on the current terms, fees and charges as published at Compliance > Rates. If not less than one calendar month prior to the expiry date of any such period, either party gives the other a notice of non-renewal of this agreement, the agreement shall expire at the end of the then current 3 month period. If We give notice of termination, You agree to pay all fees and charges under clause 3.
8.3 (b) Corporate Clients: Unless otherwise noted in a written binding contract and subject to earlier termination, this agreement will automatically terminate at the end of 12 month's period. Upon termination at the end of the 12 month period, Your continued use of Our services will therefore automatically renew Our agreement on the current terms, fees and charges as published at Compliance > Rates. If not less than one calendar month prior to the expiry date of any such period, either party gives the other a notice of non-renewal of this agreement, the agreement shall expire at the end of the then current 12 month period. If We give notice of termination, You agree to pay all fees and charges under clause 3. If You terminate earlier than 12 months, You agree to pay a Break Fee equal to the sum of the remaining months times the last month's minimum monthly plan fee for each service.
8.4 Zero abuse tolerance. We may immediately terminate this agreement without notice at any time if You engage in abusive behaviour toward any of Our employees .
8.5 We may immediately terminate this agreement without notice at any time if, without Our prior written consent: You fail to pay an invoice by the due date or breach any term or condition of this agreement; a receiver or receiver and manager is appointed over any of Your property or assets; a liquidator or provisional liquidator is appointed to you; You become bankrupt; You enter into any arrangements with Your creditors; You assign or otherwise deal with Your rights under this agreement; You cease to carry on business; there is a material change in Your direct or indirect ownership or control, or You slander or defame us. Other than default by you, We may give You seven days notice to terminate this agreement.
8.6 We may also immediately terminate this agreement at any time without notice if the Carriers cease to provide necessary services to us.
8.7 If We terminate this agreement in accordance with clause 8.5 and a Carrier arranges to supply You services other than through us, You acknowledge that -
(a) the Carrier may not be able to make those arrangements immediately; and
(b) once the Carrier has made arrangements, the services acquired by You from the Carrier will be acquired on the Carrier's then current tariffs and terms and conditions and the Carrier will bill You accordingly.
8.8 We may also immediately terminate this agreement at any time without notice if You become bankrupt or if a corporation, placed into administration or deregistered.
9.1 Without limiting clause 5.1, You agree to provide Us with any information We request in connection with Our providing the Services to You under this agreement.
9.2 You authorise and consent to the following:
(a) Our conducting a physical audit of the Services and any equipment supplied in respect of the Services should We consider it necessary;
(b) Our exchanging with Carriers all information about You and the Services provided to You in Our possession or control including, but not limited to, Your name, billing address, street address, relevant telephone numbers, any information obtained by Us for the purpose of Your application and this agreement;
(c) the Carrier exchanging with Us any information in the Carrier's possession or under its control in relation to the Services including, without limitation, all Your records and, in particular, exchange line details, account information, call charge records and call event records; and
(d) ours and the Carrier's use of the information referred to in paragraphs (b) and (c) of this clause.
You will keep confidential all information supplied by Us or the Carriers and We will keep confidential all information supplied by you, except as provided by clauses 5 and 9.
Your rights under this agreement are personal. You must not assign or attempt to assign any right or obligation under this agreement without Our written consent. We may assign all or any of Our rights and obligations under this agreement at any time by notifying You in writing.
12. WARRANTY OF AUTHORITY
Any persons signing this agreement on Your behalf warrant that they have full power and authority to bind You in respect of this agreement.
13. Our EQUIPMENT
13.1 Risk in any equipment (if any) provided by Us or any third party to You for purchase or hire ("Equipment") passes to You upon delivery. You will accept any Equipment on the basis of these Terms and Conditions and any additional terms and conditions notified at the time of delivery.
13.2 Title to any Equipment provided for purchase does not pass to You until all amounts owing to Us under this agreement and the cost of such Equipment have been paid in full. Until title passes to you, the Equipment will be held by You as bailee for us.
13.3 If Equipment is installed at premises occupied by you, You must not interfere with the Equipment or its installation.
13.4 You irrevocably grant to us, Our agents and servants, leave and licence without the necessity of giving any notice to enter at any time on and into premises occupied by You using reasonable force if necessary to inspect, search for and re-take possession of any Equipment in respect to which payment is overdue. You shall indemnify Us and hold Us harmless against any loss or damage suffered by any person or company arising from such possession.
13.5 On the termination of this agreement for any reason, You will immediately return all Equipment owned by Us or make it available for Our collection.
13.6 Shipping Policy: We deliver our products using StarTracks. Shipping costs are a flat rate of $50.00 and will be added to the order
total before checkout. Orders are dispatched within 2 business days. Shipping times are estimated at between 5 and 10 business days, depending on your location.
13.7 Other Equipment
(a) Where you have PABX or other network equipment, you must ensure that it is programmed as we specify.
(b) Where you have equipment on premises you occupy which is used by another supplier to provide you with services, we will disconnect that equipment when you transfer the services to us and we connect our Equipment (if any). You must immediately notify that supplier that you have transferred your services to us and arrange for them to remove their equipment from the premises.
14. "FORCE MAJEURE"
14.1 Force Majeure means any circumstance beyond Our the control whereby We are not able to perform an obligation under this agreement with You either at all or at any time or from time to time including:
(a) Service network failure caused by, but not limited to, any third party action that results in the Carriers or service network ceasing to continuously function;
(b) Any act of God or act of nature;
(c) Any interruption, suspension or cancellation of any or all telecommunications or Carrier's services;
(d) Any act, omission or negligence by a third party or service provider which affects the provision of any service;
(e) Any requirement, restriction, delay, consent, licensing, approval or any other matter of a Federal, State or Local governmental authority or any regulation, law, restriction, action or otherwise of any Federal, State or Local governmental agency.
15. SECURITY POLICY: When purchasing from Us), card details are transmitted through a secure server using GeoTrust SSL certification. Card data is not hosted by Us after processing.
16. REFUND POLICY: Please choose carefully. We do not normally give refunds if you simply change your mind or make a wrong decision.
You can choose between a refund, exchange or credit where goods are faulty, have been wrongly described, are
different to the product purchased on the website or donít perform as advertised.
17.2 Any notice, demand, consent or other communication required to be given to either party must be delivered to the email address of the other as last notified or failing that, personally or sent by prepaid mail or by facsimile to the address of the other as last notified.
17.3 Clauses 2.5, 3, 5, 7, 10, 12, 13.4, 13.5, 13.7 and 14 shall survive the expiration or termination of this agreement.
17.4 This agreement shall be governed by and construed in accordance with the laws of Queensland and the parties hereby submit to the non-exclusive jurisdiction of the courts of the State of Queensland.
17.5 This agreement contains yours and Our entire understanding to the exclusion of any and all prior or collateral agreement or understanding relating to the Services, whether oral or written.
17.6 If any part of this agreement is found to be invalid or of no force or effect, this agreement shall be construed as though such part had not been inserted and the remainder of this agreement shall retain its full force and effect.
17.7 All prices quoted EX GST for new and existing customers.