Terms & Conditions
This contract binds The Client (you, your) and 247365 (Us, We, Our). We will supply services on the terms and conditions set out below (the agreement). Undefined words have the same meaning as in the Telecommunications Act 1997 (Cth).
1 Service Description
1.1 We will connect Your Service(s) to the network as soon as it is reasonably practicable after Our acceptance of Your written form, or online application. We will use all reasonable efforts to maintain the Service while You comply with this Agreement.
1.2 We will provide the telecommunications service(s), a standard (not priority) service to You in Australia through such Carrier or supplier network or networks as We nominate from time to time directly with the Carrier, supplier or network operator (the ‘Carrier’ or ‘Supplier’). Where carriage is supplied, the quality of the carriage of the Services will be the same as that of the Carrier or Supplier.
1.3 You must not resupply our services without our express written authorisation.
1.4 The actual speed of your experience of the service depends on a number of factors, including your equipment, the quality and location of yoru line, how far your connection is from the infrastructure exchange, the applications you are using, the capacity and speed of our supplier’s systems, the Internet generally. For these reasons, We accept no liability if your experienced speed is not at or near the theoretical maximum.
2 Billing Charges and Payments
2.1 Charges for service(s) are determined by the plan rate.
2.2 Invoices are generated at the beginning of every month. We will send invoices to you by email only. If you require a printed invoice to be mailed to you, you will incur a $10 administration fee, a true reflection of our added expenses.
2.3 Direct Debit and Credit Card fees will be charged on the date of the invoice. If there are not sufficient funds to pay the invoice amount you will incur an automatic $10 invoice dishonour fee, a true reflection of the extra work we will have to do in collecting the service fee..
2.4 When fees are overdue for more than a month you will incur an interest payment of 3% above the per annum Commonwealth Bank Corporate Overdraft Reference rate applicable at the date of the bill, to be calculated daily.
2.5 We may, without notice, deactivate or cancel all or part of your service if any amount is not paid by its due date. We reserve the right to revoke any discount rates during any period of deactivation.
2.6 If you default under this agreement, we may use or disclose any personal information collected and recorded by us in connection with this agreement in order to conduct debt recovery.
2.7 You undertake to bear the full cost of debt recovery.
2.8 In consideration of us agreeing to provide services, the signatory of this agreement agrees to be personally liable to us for any unpaid invoices in the event that the client company is unable to pay its invoices for any reason.
2.9 Early termination of a fixed length plan at your written request will incur an early termination charge equal to 75% of the monthly charges on the remaining time of the fixed length plan, payable within one month of our receiving your written request.
3.1 Unless expressly stated otherwise, all charges payable for services under this agreement are inclusive of GST.
4 Transfer to Us
4.1 You undertake to give us all details of your current suppliers of internet services.
4.2 You authorise us to change your current arrangements with your current service providers
4.3 You authorise us to sign on your behalf and in your name forms of authority to your current supplier of services to transfer the services to our name.
4.4 You will remain liable for all charges due to your current internet service suppliers.
4.5 We will use our best efforts to ensure that you are not supplied with duplicate services, but are not liable for any failure to do so.
5 Transfer From Us
5.1 If, in the future, you ask us to transfer any of the services to another supplier, then you remain responsible to us for the amount payable for the Services up to the time we transfer those services to another supplier and you will immediately pay us the amount on receipt of our invoice.
5.2 The provision of services ceases when we transfer those service to another supplier.
5.3 We will bill for those services within the next normal billing cycle.
6 Amendments to the Terms and Conditions
6.1 These terms and conditions are subject to change by us at any time on a month to month agreement, with thirty days written notice to you if we consider the changes would cause detriment to you.
6.2 These terms and conditions are subject to change by us at the end of a fixed term agreement.
6.3 These terms and conditions are subject to change by us at any time payment by you is more than thirty days in arrears.
6.4 If you do not agree with the changes, you may terminate the agreement with written notice at least fourteen days prior to the changes coming into effect.
6.5 Regardless of a termination notice, continued use of our services by you after the change will be deemed acceptance of the change.
7.1 We will adhere fully to our obligations under the Privacy Act 1988 (Cth) in regard to the way in which we collect, use and disclose information about you.
8.1 You consent to us and our Carriers or Suppliers exchanging your information and/or details & the Carrier or Suppliers, we and our respective related bodies corporate may all use Your details for our own purposes.
8.2 You authorise the Carrier or Suppliers to disclose to ss all records, and in particular exchange line, mobile or network details, telephone usage or accounts information, communication usage records and call event records.
8.3 You consent to us disclosing Your information and/or details to any other Australian telecommunications service provider or supplier who is a member of the Australian Telecommunications Fraud and Risk Association where we, or the provider or supplier has reasonable grounds for suspecting that You (or any user of a service provided to You) have been engaged, or are likely to engage, in fraudulent activity in relation to telecommunications services.
9 Credit Check
9.1 You will immediately supply all necessary information to check your credit rating,
9.2 If we deem it reasonably necessary, you agree to us obtaining a credit report containing personal information about you from a credit-reporting agency.
9.3 You authorise us to give any credit agency any information about you that they reasonably require.
10.1 To the full extent permitted by law we will not be liable in any circumstances, however arising, to you or any person claiming through you in contract tort or otherwise (including negligence, wilful or unlawful acts of omissions) for: any economic losss or damage and in particular any loss of revenue, profits, actual or potential business opportunities, contracts or anticipated savings, whether they be direct, indirect or consequential.
10.2 You acknowledge that we do not guarantee continuous fault-free provision of the service.
10.3 You acknowledge that we provide services to you in a business context and that the services we provide are not of the same nature as internet services provided to home consumers.
10.4 Clauses 10.1, 10.2 and 10.3 are to be read in the light of legislative limitations placed on their effect by the Trade Practices Act and Australian Consumer Law
11 Termination, Cancellation and Suspension
11.1 Each service supplied by us to you will commence on the date that your application is accepted by us and will continue indefinitely until 30 days after the service is terminated by you in writing to us.
11.2 We may terminate this agreement if you breach any term or condition of this agreement or if a receiver is appointed over any of your property or assets, or if a liquidator is appointed, or if you enter into an arrangement with your creditors or if you assign or otherwise deal with your rights under this agreement without our prior written agreement.
11.3 We may suspend your service if you fail to pay amounts owing to us by the due date. A $33 reconnection fee may be payable to re-activate your service. You will remain liable for all money due under the agreement during the period of suspension.
11.4 If this agreement is cancelled by you for any reason at a time prior to the conclusion of the minimum contract length period, you will be charged an early cancellation fee, as set out in Clause 2.9
11.5 Prior to the conclusion of the minimum contract length period, you can only change to a higher plan.
12 Force Majeure
12.1 We will not be liable for any delay in the connection of or failure in the operation of services due to any occurrence reasonably beyond our control, including failure of any link provided by the carrier.
13 Entire Agreement
13.1 This agreement contains your and our understanding of the agreement, to the exclusion of any and all prior or collateral agreements, whether oral or written. You agree that you have not entered into this agreement in reliance upon any statement made by us, other than as expressly contained in this agreement.
13.2 If any part of this agreement is found to be invalid for any reason, this agreement shall be construed as though such part had not been inserted and the remainder of the agreement shall retain its full effect.
14.1 We may assign the benefit of this agreement at any time to a person or corporation nominated by us, including a carrier. In this event, the assignee shall deal directly with you for the purposes associated with the provision of services under this agreement.
15 Customer Premises Equipment (CPE)
15.1 CPE means any equipment used by you at your premises that connects to the our services.
15.2 Any CPE you use not provided by us in relation to the Services must comply with applicable standards and specifications, including those set by the Carrier or Supplier.
15.3 Should you require us to configure your CPE, we will charge you a configuration fee. The configuration fee will be $33 per device.
15.4 Should you request that we supply additional services in relation to the services covered by this agreement, including without limitation, inspection, repairs, adjustment and replacement of CPE, we will charge you $150 per hour for the time we spent on performing these additional services.
15.5 Risk in any CPE provided to you by us passes to you upon delivery. You will hold such equipment as a bailee.
15.6 If CPE is purchased from us, title to you does not pass until the purchase price is paid in full. Until then, you will hold our equipment as a bailee.
15.7 You irrevocably grant to Us, Our agents and servants, leave and license 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 CPE in respect to which payment is overdue.
15.8 On the termination of this Agreement for any reason, you will return all of our CPE within five business days.
16 Fair Use
16.1 Breach of any of the terms under Part 16 of this agreement, whether intentionally, recklessly or irresponsibly, may result in your service being suspended, restricted or terminated without prior notice. Should the termination occur prior to the conclusion of the minimum term, you will be subject to the early termination charge set out in clause 2.9
16.2 You agree not to endanger any person or the integrity or security of our network, systems or equipment.
16.3 You agree not to store, send or distribute any content or material which is in any way unlawful under any Australian law.
16.4 You agree not to store, send or distribute confidential information, copyright material or other content which is subject to third party intellectual property rights, unless you have a lawful right to do so.
16.5 You agree not to do anything, including store, send or distribute material which defames, harasses, threatens, abuses, menaces, offends, violates the privacy of, or incites violence or hatred against, any person or class of persons, or which could give rise to civil or criminal proceedings
16.6 You agree not to forge header information, email source address or other user information.
16.7 You agree not to access, monitor or use any data, systems or networks, including another person’s private information, without authority or attempt to probe, scan or test the vulnerability of any data, system or network.
16.8 You agree not to compromise the security or integrity of any network or system.
16.9 You agree not to send or distribute unsolicited advertising, bulk electronic messages.
16.1 You agree not to tamper with, hinder the operation of or make unauthorised modifications to any network or system.
16.11 You agree not to resell or resupply a service supplied by us.
16.12 You agree not to use our service in a telemarketing or call centre business, to be broadly construed.
16.13 You agree to adhere strictly to your obligations under the Spam Act 2003 and the Spam Regulations 2003, including without limitation, installing anti-virus and firewalls.