Fixed Wire, Mobile & Internet

The following Standard Terms will apply to agreements for Telecommunications Services made with Telnetworks Pty Ltd A.B.N. 64 129 551 453 unless there is a specific agreement to vary or exclude them signed by Telnetworks and the Customer. In addition to these terms, agreements for Services made with Telnetworks will include one or more Tariff Sheets relevant to the Services and one or more Application Forms completed by the Customer or by Telnetworks on behalf of the Customer and accepted by Telnetworks in writing.

1. AGREEMENT FOR SERVICE

  1. Making of the Agreement
    a legally binding agreement is made between Telnetworks and the Customer when Telnetworks accepts your Application Form for Services which may be completed and signed by you personally, submitted online or completed by Telnetworks on your behalf over the telephone. The person applying for the Service confirms to Telnetworks that they have full power and authority to do so on behalf of the customer
  2. Period of Agreement
    Your agreement will commence from the date of installation or transfer of the Service from your existing Carrier and continue for the Term and after that continues until terminated by you or Telnetworks in the manner set out below. You should check any agreement you may have with an existing Carrier to make sure that you understand what effect transferring your Service will have.
  3. Services Included
    Telnetworks aim is to provide high quality Services to its Customers. Your agreement will extend to each of the Services listed on the Application Form and will be subject to the matters set out in the Special Conditions on the Application Form and on the Tariff Sheet identified on the Application Form. It will also include any new numbers or Services that you request in the future and that Telnetworks agrees to provide. You may also ask to change to a different Tariff Sheet in the future but only after any agreed fixed period has expired.
  4. Additional Facilities
    Telnetworks can supply all of the additional facilities available on the telephone network generally at any time. The cost and terms of supply for any additional facilities will be explained to you at the time when you place an order. The cost of additional facilities may vary if Telnetworks suppliers increase their charges.
  5. Eligibility for Service
    You agree to hold a current Australian Business Number throughout the term of your agreement.
  6. Administration
    Without prejudice to Telnetworks rights under Clause 11.1(b) if the Customer becomes or ceases to be an Eligible Company, then each time that you or the Administrator requests that Telnetworks continue to supply Services, Telnetworks may open one or more new accounts and may charge the new account holder an in place connection fee for each Service at the rate shown on Telnetworks’ relevant Tariff Sheet for each such account.

2. PAYMENT OF CHARGES

  1. To pay the Charges
    You agree to pay the Charges without any set-off or deduction within 14 days of the end of each Billing Period by payment by bankers direct debit (or such other means as Telnetworks may accept) together with interest in respect of any payments that are not made by their due date at the rate provided in Clause 10.4.
  2. Reconnection and other Fees
    Without prejudice to any other rights or remedies Telnetworks may have, Telnetworks will charge you a fee of $15.00 (including GST) if you do not pay the whole or any part of your bill by the date it falls due and may also charge you a reasonable reconnection fee for resuming the Services after they have been suspended or terminated as a result of your breach of your agreement.
  3. Credit Cards
    Telnetworks may apply a surcharge of up to 5% if you pay your bill by credit card depending on which card you use.
  4. Non Payment
    If you fail to pay any bill by its due date then you will forfeit the benefit of the relevant Reward Program credit that you would otherwise have been entitled to in respect of that month or any discount to which you would otherwise have been entitled.

3. OTHER OBLIGATIONS TO TELNETWORKS

  1. Provide Security
    If requested to do so by Telnetworks you will deposit with Telnetworks on account of future Charges a sum equal to the amount that Telnetworks estimates you are likely to incur for the Services in any forthcoming monthly period and Telnetworks may retain that sum as security for your future payments for so long as Telnetworks considers it necessary to do so. Alternatively Telnetworks may require that you provide one or more Guarantees of payment of the Charges.
  2. Illegal and Immoral Purposes
    You agree not to use the Services in an illegal or immoral way or so as to cause nuisance or annoyance to any other person and at all times to comply with the Acceptable Use Policy. You further agree that you will not make life threatening or unwelcome calls to any other person.
  3. Supply Information
    You must inform Telnetworks if there is any change of ownership or control of the Customer or if any events occur which may prevent or inhibit you from paying your bills or if you become insolvent or if any directors or partners of or in the Customer are convicted of any crime.
  4. Former Carrier
    you will pay all charges levied by your former Carrier up to the time when your Services are transferred to Telnetworks and indemnify Telnetworks against any claims or losses arising from the transfer of your Service.
  5. Transfer to a new Carrier
    If you decide to transfer to a new Carrier you will pay Telnetworks all monies due to Telnetworks under the terms of your agreement with Telnetworks before doing so.
  6. Secrecy
    The Customer is responsible for maintaining the secrecy and confidentiality of all identification and log-in information required by the Customer to access the Services.

4. PLANS

  1. Tariff Sheets
    The plans available from Telnetworks are described on a number of different Tariff Sheets that you can obtain from Telnetworks offices, sales outlets or by asking Telnetworks to send them to you by post, fax or e-mail.
  2. Changes to Plans
    Telnetworks may change the nature of its plans and/or increase the rates shown on its Tariff Sheets from time to time. If these changes affect you Telnetworks will give you 21 days prior notice of the change and you may cancel your agreement during the period of 42 days of receiving such notice subject only to payment in full of all Charges and costs incurred prior to the cancellation taking effect.
  3. International Costs and Roaming Charges
    the amount that you are charged by Telnetworks for international calls and calls made whilst abroad or using other suppliers or roaming services will vary in accordance with the charges imposed by suppliers of such services.
  4. Terms that Apply to all Plans
    The following terms apply to all of Telnetworks plans save where the contrary is stated on the relevant Tariff Sheet:
    1. Rates are quoted in Australian $ per minute; and
    2. Rates quoted are exclusive of GST.

5. FIXED TERM PLANS

  1. Fixed Terms
    for certain Services the relevant Tariff Sheet may specify a minimum Term and you will only receive the relevant call rates during the Term and whilst using a telephone system that has been pre-programmed by Telnetworks.
  2. Termination of Other Fixed Terms
    If there is a fixed monthly charge for the Service under a fixed Term then Telnetworks will bill out any unexpired period at the specified rate as soon as it is aware that termination will take place. If you terminate your fixed Term agreement in accordance with Clause 11.2 and such termination would result in your agreement coming to an end prior to the end of the Term you shall pay to Telnetworks a termination payment equal to:
    1. fixed-line rental charges multiplied by the number of lines and for Internet and or Mobile services $50.00 multiplied by the number of connections; multiplied by
    2. the number of months or parts of months of the unexpired Term at the date of termination; plus
    3. GST

6. OPTIONS

  1. General
    Telnetworks offers a number of Options and with Telnetworks prior approval you may choose one of those identified as available on the Tariff Sheet for your Services and change this selection by giving at least 14 days notice to Telnetworks to take effect no earlier than at the commencement of your next Billing Period.
  2. Capped Calls
    Under this Option either:
    1. any direct dialed long distance calls that you make which last for no longer than the duration shown on the Tariff Sheet for your Services; or (depending on which Option you have chosen);
    2. any direct dialed calls that you make to mobile telephones within Australia which last for no longer than the duration shown on the Tariff Sheet for your Services;
    3. Will not cost more than the relevant fixed cost shown in the Tariff Sheet for the duration of the initial period. In either case the cost will revert to the normal tariff for the type of call in question shown on your Tariff Sheet after the initial period.

7. REWARD PROGRAMS

  1. General
    Telnetworks offers a number of Reward Programs and with Telnetworks prior approval you may choose one of those identified as available on the Tariff Sheet for your Services and change this selection by giving at least 14 days notice to Telnetworks to take effect no earlier than at the commencement of your next Billing Period.
  2. Benefit
    Under the terms of Telnetworks Reward Programs, the amount of your Eligible Charges in each Billing Period will entitle you to a credit for the maximum amount (if any) and at the rate shown on the Tariff Sheet and/or Application Forms for your Services in the next Billing Period to spend at Telnetworks authorised redemption partners.
  3. Program Cards
    If you are issued with a debit card to draw upon credits earned, the card will be issued subject to the terms and conditions imposed by the card issuer, a copy of which will be provided when you request entry into that program and will be sent to you with the relevant card.

8. BILLING

  1. Regular Bills
    We will aim to bill you once each month for Charges for Services used by you subject to Telnetworks right to bill you on termination. Any Charges that we carry forward and do not bill at that time can be billed by us within 190 days from when the charge was incurred by you. You will be sent a hard copy of your bill.
  2. Format of Bills
    All of our bills are itemised and designed to be easy for you to understand. If you need clarification of any entries on your bill you should contact us as soon as possible and in any event before the time for paying the bill has expired.
  3. Disputes
    If you dispute any item on your bill you must pay the whole of the bill including the disputed balance within the time fixed for payment and Telnetworks will refund any amounts that it agrees should not have been charged if it is established to Telnetworks reasonable satisfaction that you are not liable for the same.

9. EXTENT OF TELNETWORKS LIABILITY TO YOU

  1. Basic Principal
    Unless it may not do so because of the principles of an Industry Code or by the general law or the regulations of ACA or a body competent to impose such controls, whilst Telnetworks will use all reasonable care in providing the Services, Telnetworks accepts no responsibility for any loss or damage of any nature relating to the same in any way.
  2. Maximum Liability
    If the principles of an Industry Code or the general law or the regulations of ACA or a body competent to impose such controls require Telnetworks to take responsibility for any loss or damage, then such responsibility will be limited to one of the following at Telnetworks option: the replacement or repair of the relevant goods or the supply of equivalent goods or the payment of the cost of replacing the goods or of acquiring equivalent goods or the supply of the relevant Services again or the payment of the cost of having the Services supplied again.
  3. Consequential Loss
    Telnetworks will never be responsible for lost profits or opportunities or for pure economic loss.
  4. Causes Outside of Telnetworks Control
    Telnetworks will not be liable to you in any event where provision of the Services is inhibited or prevented by any cause outside of Telnetworks reasonable control.
  5. Codes of Practice
    Telnetworks will apply the Industry Codes and the Internet Industry Privacy Code of Practice if inconsistent with the terms hereof.

10. EXTENT OF YOUR LIABILITY TO TELNETWORKS

  1. Damages
    If you fail to abide by the terms of your agreement you must compensate Telnetworks for any loss that it suffers as a result.
  2. Indemnity If you fail to abide by the terms of your agreement, in addition to meeting any claims that Telnetworks may bring against you, you will take responsibility for and hold Telnetworks harmless from any liability to Telnetworks arising as a result of such failure as well as any sums by way of indemnity legal and other costs, charges and expenses Telnetworks may incur as a result of such matters.
  3. Authority
    You authorise Telnetworks to make any payments or to comply with any demands in respect of such failures by you, without any reference to or further authority from you, and you agree that any such payment shall be binding on you.
    Interest
    You will pay interest at the rate of 2% over the rate provided for in the Penalty Interest Rates Act 1983 (Vic) during the period that any monies that you are liable to pay to Telnetworks are outstanding (whether for Charges or by way of damages or indemnity).

11. TERMINATION AND SUSPENSION

  1. By Telnetworks
    Telnetworks may:
    (a) Bring your agreement to an end at any time (other than during an agreed fixed period) on giving 30 days prior notice in writing and without giving any reason for doing so subject to refunding any unexpired pre-paid credit to you;
    (b) Bring your agreement to an end or suspend the Services without notice if it has reasonable grounds to suspect that you will not meet present or future Charges payable to Telnetworks and it has taken reasonable steps to bring this to your notice;
    (c) Terminate your agreement or suspend the Services if you are in material breach of your agreement or fail to pay any Charges that are due for payment;
    (d) Suspend the supply of the Services for a reasonable period for operational reasons;
    (e) Suspend the supply of the Services if it has reasonable grounds for suspecting fraud or illegal conduct in relation to the Services;
    (f) Suspend the supply of the Services in case of emergency; and
    (g) Terminate your agreement or limit or vary performance of its obligations or intercept the Services in order to comply with legislation or regulatory requirements or the order of a competent court or agency.
  2. By You
    (a) You may by written notice to Telnetworks signed by the Customer:
    (b) terminate your agreement during the period of 42 days after receiving notice of increase of Charges under Clause 4.2 subject only to payment in full of all Charges and costs incurred prior to the effective date of termination;
    (c) terminate your agreement at any time by notice to Telnetworks.
  3. Consequences of Termination
    any balance accrued due to you but un-drawn under any Reward Program will be cancelled if you terminate your agreement.

12. DISPUTES

  1. What you should do
    If you are unhappy with the Services or with any actions taken by Telnetworks you should give notice of this to Telnetworks of this in accordance with Clause 15.
  2. Action to be taken
    Both you and Telnetworks complaints officer must take all reasonable steps to discuss the matter and seek to resolve the same within 21 days.
    Telecommunications Industry Ombudsman
    You agree not to refer any matter to the Telecommunications Industry Ombudsman until you have exhausted the previous steps outlined in this Clause 12 in a genuine attempt to resolve the matter.

13. PRIVACY

  1. Collection of Information About You
    It is necessary for Telnetworks to collect information about you for the purposes of operating the Services and also for the purposes of billing you and assessing and controlling credit risk including collecting unpaid accounts. Information may also be used for statistical purposes and for considering business efficiency and also for advertising and marketing purposes.
  2. Who May Access the Information
    Access to the information that Telnetworks collects is available to you (subject to the limitations referred to in the Privacy Act 1988 (Cth)) but is otherwise restricted to Telnetworks staff who need access to it for the purposes of carrying out their duties. It may also be passed to:
    (a) Carriers or resellers of Carrier services or other suppliers to Telnetworks in connection with provision of the Services;
    (b) Credit reference agencies used by Telnetworks in assessing credit risk or notifying default; and
    (c) Solicitors or debt collection agencies retained by Telnetworks to collect unpaid accounts.
  3. Consequences of Refusing to Provide Information
    Telnetworks will not enter into an agreement with you unless you agree to the provision and use of your personal information in this way.
  4. Consent
    By entering into your agreement you give your consent to the use of your personal information for these purposes.

14. VARIATIONS

  1. Terms and Conditions
    Telnetworks may make changes to these terms and conditions from time to time by altering the version available on the Telnetworks Website.
  2. Plans
    Telnetworks may also alter its plans from time to time but if it alters the plan relevant to your Services you will be notified in accordance with Clause 4.2.
  3. Application Form
    The terms contained in the Application Form may only be varied in writing and signed by you and Telnetworks.

15. NOTICES

  1. Address for service
    Notices should be given in writing to Telnetworks or the Customer to the address, fax number or e-mail address shown on the Application Form unless new contact details have been notified by either Party to the other prior to service of the notice.
  2. Deemed Delivery
    Telnetworks will be entitled to treat any notice as duly served if either:
    (a) it is sent by post and is not returned as undeliverable by Australia Post; or
    (b) if sent by fax and the fax is successfully transmitted to the correct number; or
    (c) if sent by e-mail and the e-mail is not rejected by the system within 7 days after despatch.
  3. Complaints officer
    Notices to Telnetworks complaints officer must be in writing, clearly addressed to ‘The Complaints Officer’ and sent to Telnetworks at Telnetworks address shown on the Application Form or any new address notified to you by Telnetworks from time to time by Registered Post or delivered by hand to that address or online at the Telnetworks website.

16. GENERAL

  1. Applicable Law
    Your agreement is subject to the laws of, and the parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria or the courts of the State in which you reside if that is different. Each Party waives its rights to claim that any action brought in that State is brought in the wrong or an inconvenient forum.
  2. Waiver
    A failure or delay in exercise, or partial exercise, of a right arising from a breach of any provision of these terms and conditions is not to be regarded as, and cannot be relied upon as, a waiver of that right or an election not to exercise that right. No waiver or consent given by a Party may be construed as providing a waiver or consent in respect of any circumstances other than those strictly falling within the terms of the waiver or consent.
  3. Assignment
    your agreement may be assigned by Telnetworks without the need for consent by you. Your agreement may not be assigned or novated in whole or in part by you.
  4. Severability
    If any provision of these terms and conditions is invalid or void and is not enforceable in accordance with its terms, that provision is severed and all other provisions of these terms and conditions which are self-sustaining and capable of separate enforcement without regard to the severed provision, are and continue to be valid and enforceable in accordance with their terms.

17. GLOSSARY OF TERMS AND RULES FOR INTERPRETATION

  1. Glossary
    In these terms and conditions:
    “ACA” means Australian Communications Authority;
    “Acceptable Use Policy” means Telnetworks acceptable use policy from time to time as published on the Telnetworks Website
    “ACIF” means Australian Communications Industry Forum;
    “Additional Charge” means a charge in accordance with Telnetworks standard rates in effect from time to time;
    “Administrator” means a liquidator, provisional liquidator, administrator of a company or deed of arrangement, or receiver and/or manager of an Eligible Company;
    “Application Form” means the Application for Services completed by the Customer or by Telnetworks on behalf of the Customer;
    “Billing Period” means the period chosen by Telnetworks for calculating your monthly Charges from time to time;
    “Broadband” means the Broadband Service being a fast permanent broadband Internet connection using your telephone line or a specially installed digital network line or wireless fast broadband Internet connection using a mobile card and incidental data storage more fully described on the relevant Tariff Sheet. You can use your telephone line at the same time as the Internet;
    “Capped Calls” means fixed charge calls as described in Clause 6.2;
    “Carrier” means the operator of a telephone services network;
    “Charges” means the cost of the Services (whoever the same have been used by) calculated at the rates shown in the relevant Tariff Sheet and Application Form as varied in accordance with these terms and conditions and any GST not included in the quoted price.
    “Customer” means the person named as such in the Application Form, the business entity using the Services from time to time and the person who has signed the Application Form as well;
    “Eligible Charges” means the amount that you incur by way of Charges in each month for Voice plan charges including; local calls, long distance calls, calls to mobiles, international calls and inbound calls to 1800 or 1300 numbers; Mobile plan charges including; mobile to mobile and mobile to fixed calls, SMS messages, Voicemail, calls to 123 and 1223, video calls and calls to numbers beginning with 13, 15 or 18; and Internet plan charges including; recurring monthly Internet plan charges;
    “Eligible Company” means a company that is being wound-up, or has a provisional liquidator acting, or is under administration, or has executed a current deed of company arrangement, or it or its property is subject to receivership and/or external management;
    “Equipment for Supply” means the goods, Services and training (if any) more particularly described in the quotation and/or Application Form, which are to be supplied by Telnetworks to the Customer;
    “Guarantee” means a guarantee in writing from one or more guarantors acceptable to Telnetworks in such form as Telnetworks requires;
    “Industry Code” means a code published by ACIF from time to time;
    “Installation Date” means the date (if any) specified in the Application Form for the installation of the Equipment for Supply;
    “Intellectual Property Rights” means copyright, trade mark, design, patent, semiconductor or circuit layout rights;
    “Internet” means the world wide connection of computer networks providing for the transmittal of electronic mail, on-line information, information retrieval and file transfer protocol;
    “Operating Manuals” means the documentation relevant to instruction in the use of the Equipment for Supply more particularly described in the Application Form;
    “Options” means the customer options described on the relevant Tariff Sheet;
    “PSTN” means a public switched telephone network;
    “Reward Programs” means the Reward Programs described on the relevant Tariff Sheets;
    “Services” means a telephone Service (in the case of fixed line Service being either a PSTN line offering faster data transfer using a circuit switched network or integrated Services digital network line) or mobile phone Service which offers local, long distance and international calls and/or SMS Service at the charge rates and with the Options described in the relevant Tariff Sheets and any relevant Technical Support and Equipment for Supply. For an Additional Charge the fixed line Service can be modified to provide Broadband and/or SMS Service as well as voice calls and many other additional facilities described in the relevant Tariff Sheets;
    “Site” means the location for delivery and installation of the Equipment for Supply as specified in the Application Form.
    “SMS” means text messages sent on the short messaging service;
    “SMS Service” means the SMS Service, being a service that allows you to send SMS messages via your computer more fully described in the relevant Tariff Sheet;
    “Standard Terms” means the standard terms set out in these terms and conditions as varied from time to time;
    “Tariff Sheets” means the individual sheets produced by Telnetworks containing brief descriptions of rates and other charges payable and Options available in respect of the various Services packages that it offers to Customers;
    “Technical Support Charges” means the charge for providing the Technical Support Services, as specified in the Tariff Sheet for your Services or if no such charge is specified then Telnetworks standard rates from time to time;
    “Technical Support Services” means telephone or on site support services;
    “Telecommunications Industry Ombudsman” means the ombudsman established under the Telecommunications (Consumer Protection and Service Standards) Act 1999;
    “Term” means any minimum period stated in the Application Form or any relevant Tariff Sheet;
    “Telnetworks” means TELNETWORKS PTY LTD A.B.N. 64 129 551 453 whose principal place of business is at Level 3, 370 St Kilda Road, Melbourne, Victoria 3004;
    “Telnetworks Website” means the web site at http://www.telnetworks.net.au;
    “Telnetworks Normal Business Hours” means the normal hours during which Telnetworks is open for business, as specified on the Telnetworks Website from time to time;
    “Telnetworks Service Centre” means the site designated by Telnetworks from time to time from which Telnetworks can most conveniently and practicably provide off-site Technical Support Services and repairs;
    “Warranty Period” means the period (if any) specified in the Application Form; and
    “you” and derivations from that word are references to the Customer and references to “your agreement” are references to the agreement between Telnetworks and the Customer.
  2. Rules for the interpretation of these terms and conditions
    In these terms and conditions unless the context otherwise requires:
    (a) references to these terms and conditions are references to these terms and conditions and the Schedules;
    (b) references to Clauses and the Schedules are references to clauses of, and the schedules to, these terms and conditions;
    (c) references to Parties or to a Party shall be a reference to the parties or a party to your agreement and includes references to their or its respective successors, permitted assigns, executors and administrators; and
    (d) all covenants, liabilities, obligations and agreements given or entered into by more than one person are given or entered into jointly and by each of them severally.
  3. Precedence
    The documents which make up your agreement should be read in the following order of precedence and any inconsistency interpreted accordingly:
    (a) The Application Form;
    (b) The Tariff Sheet; and
    (c) These terms and conditions.