Legals

Standard Form of Agreement.

Addictive Technology Solutions
Full Version
Rev 1
Standard Form of Agreement - Addictive.
2 Standard Form of Agreement - Addictive
Table of Contents
TABLE OF CONTENTS ............................................................................................................................................... 2
1 DEFINITION AND INTERPRETATION .................................................................................................................. 3
2 OUR STANDARD FORM OF AGREEMENT (SFOA) ............................................................................................... 7
3 CHANGES TO OUR SFOA .................................................................................................................................. 8
4 YOUR APPLICATION FOR SERVICE ..................................................................................................................... 9
5 COOLING OFF PERIODS .................................................................................................................................. 10
6 CONNECTING THE SERVICE ............................................................................................................................. 10
7 USING THE SERVICE ....................................................................................................................................... 10
8 EXEMPT SITES ................................................................................................................................................ 11
9 ON AND OFF PEAK PERIODS ........................................................................................................................... 11
10 EQUIPMENT .................................................................................................................................................. 12
11 THE PREMISES ............................................................................................................................................... 13
12 QUALITY AND MAINTENANCE ........................................................................................................................ 13
13 CHARGES ....................................................................................................................................................... 14
14 BILLING AND PAYMENT ................................................................................................................................. 15
15 BILLING DISPUTES .......................................................................................................................................... 16
16 GST ................................................................................................................................................................ 17
17 PERSONAL INFORMATION .............................................................................................................................. 17
18 VARIATIONS TO THE SERVICE ......................................................................................................................... 19
19 CANCELLING OR SUSPENDING THE SERVICE ................................................................................................... 19
20 CONSEQUENCES OF SUSPENSION AND CANCELLATION .................................................................................. 22
21 OUR LIABILITY TO YOU .................................................................................................................................. 23
22 YOUR LIABILITY TO US ................................................................................................................................... 25
23 TELEPHONE NUMBERS AND PUBLIC ADDRESSING IDENTIFIERS ...................................................................... 25
24 ASSIGNMENT AND SUBCONTRACTING ........................................................................................................... 26
25 GENERAL ....................................................................................................................................................... 26
26 WHAT IS THE FAIR CONTRACT GUARANTEE? .................................................................................................. 27
SCHEDULE 1 – VOIP SERVICE .................................................................................................................................. 29
SCHEDULE 2 – ADSL INTERNET ............................................................................................................................... 39
SCHEDULE 3 – HOSTING AND DOMAIN SERVICE ..................................................................................................... 52
SCHEDULE 4 - PRICING SCHEDULE ........................................................................................................................... 54
SCHEDULE 5 - FAIR USE POLICY ............................................................................................................................... 55
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This document outlines the legal relationship between you and Addictive Technology Solutions
Pty Ltd (ACN 132 180 726) ("Addictive") or any Related Entity which supplies the Service to you
("we", "us", "our") and is our Standard Form of Agreement ('SFOA') under the
Telecommunications Act 1997 (Cth).
1 Definition And Interpretation
1.1 In our SFOA:
Application has the meaning set out in clause 4.5;
Approved Purposes means:
(a) providing directory assistance services;
(b) providing operator services or operator assistance services;
(c) publishing and maintaining public number directories;
(d) providing location dependent carriage services;
(e) the operation of emergency call services or assisting emergency services under Part 8
of the Telecommunications (Consumer Protection and Service Standards) Act 1997
(Cth);
(f) assisting enforcement agencies or safeguarding national security under Parts 14 and
15 of the Telecommunications Act 1997 (Cth) or any other applicable legal
requirement;
(g) verifying the accuracy of information provided by the data provider and held in the
Integrated Public Number Database against the information the data provider holds;
(h) undertaking research of a kind specified in the Telecommunications IPND - Permitted
Research Purposes Instrument 2007;
(i) assisting the Australian Communications and Media Authority, or its nominee, to
verify the accuracy and completeness of information held in the IPND; and
(j) any other purposes where permitted by the Telecommunications Act 1997 (Cth), and
any other applicable laws.
Billing Date means the 1st of each and every calendar month.
Break Fee means the relevant cancellation fee or termination charge (if any) calculated in
accordance with the Pricing Schedule, a Service Description or any appendix to the Service
Description.
Carriage Service Provider has the meaning given by section 87 of the
Telecommunications Act 1997 (Cth).
Confidential Information of a person means all information of that person ("Owner") of
a confidential nature, which another person ("Recipient") first becomes aware, whether
before or after the date of the original Application, either through disclosure by the Owner
to the Recipient or otherwise through the Recipient's involvement with the Owner.
Confidential Information does not include information:
(a) the Recipient creates (whether alone or jointly with any person) independently of the
Owner's Confidential Information;
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(b) that is public knowledge (otherwise than as a result of a breach of confidentiality by
the Recipient or any person to whom it has disclosed the information); or
(c) obtained without restriction as to further disclosure from a source other than the
Owner through no breach of confidentiality by that source.
In respect of us, "Owner" and "Recipient" includes us and each Related Entity.
Consequential Loss means:
(a) loss of revenue, loss of profits, loss of anticipated savings or business, pure economic
loss, loss of data, loss of value of equipment (other than cost of repair), loss of
opportunity or expectation loss and any other form of consequential, special, indirect,
punitive or exemplary loss or damages; and
(b) any penalties or fines imposed by a Regulatory Authority.
Contract Term means the minimum contract term specified in your Application, which
commences on the Service Commencement Date, or, if no contract term is specified in the
Application or our SFOA, then there will be no minimum contract term.
Credit Information means:
(a) personal identifying particulars including your name, gender, current address (and
your previous two addresses), date of birth, telephone number, mobile number,
banking details, credit card details, name of employer and drivers licence number;
(b) your application for credit or commercial credit – the fact that you have applied for
credit and the amount;
(c) the fact that we are a current credit provider to you and any credit limit on your
account;
(d) payments which are overdue by more than 60 days and/or for which debt collection
action has started;
(e) advice that your payments are no longer overdue in respect of any default that has
been listed;
(f) the fact that, in our opinion, you have committed a serious credit infringement (that
is, acted fraudulently or shown an intention not to comply with your credit
obligations);
(g) information about any payments, including cheques, credit cards and direct debits,
which have been dishonoured;
(h) court judgments or bankruptcy orders made against you; and
(i) the fact that we have ceased providing the Service to you (and the timing of that
cessation of service).
Credit Rating means information about your credit worthiness, credit standing, credit
history or credit capacity that credit providers may give to each other under the Privacy Act
1998 (Cth).
Customer Service Guarantee or CSG means any performance standards issued under
Part 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999
(Cth).
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Downgrade means a variation to the Service which reduces the capacity, use or utility of
that Service and results in a reduction in the charges payable for the Service.
Downgrade Charge means the relevant downgrade charge (if any) specified in the
Service Description.
Download or Downstream means data that is inbound (i.e. incoming to your internet
connection).
Excess Usage Charges means the fees payable for internet Usage over and above the
Monthly Usage Allowance.
Fair Use Policy means the policies set out at Schedule 5 of this SFOA.
Force Majeure Event means any event outside that person's reasonable control, and may
include a failure or fluctuation in any electrical power supply, failure of air-conditioning or
humidity control, electromagnetic interference, cable cut, fire, storm, flood, earthquake,
accident, war, labour dispute (other than a dispute solely between that person and its own
staff or staff under its control), materials or labour shortage, the change or introduction of
any law or regulation (including the Telecommunications Legislation) or an act or omission,
failure or delay of any third party or any failure of any equipment owned or operated by
any third party (including any Regulatory Authority or Supplier).
Handling Fee means a fee incurred by us to provide you with a refund.
Insolvent includes having a receiver, manager, administrator, provisional liquidator or
liquidator appointed to you, you entering into any scheme of arrangement with your
creditors, a mortgagee entering into possession or disposing of the whole or any part of
your assets or business.
Interruption in the supply of goods or a service means a delay in supplying, a failure to
supply or an error or defect in the supply of, those goods or that service.
Material Terms means, in the context of clause 4 only, those terms and conditions we
read out to you over the telephone.
Monthly Usage Allowance means the Usage that is provided per month in accordance
with the plan selected by you in your Application.
Network means a telecommunications network, including equipment, facilities or cabling.
Our Equipment has the meaning set out in clause 10.1.
Off Peak means the hours of the day when your data usage is counted towards your Off
Peak quota allowance.
On Peak means the hours of the day when your data usage is counted towards your On
Peak quota allowance.
Personal Information means information or opinion about you from which your identity
is apparent or can reasonably be ascertained and includes your name, current and previous
addresses, service number, date of birth, email address, bank account or credit card
details, occupation, driver's licence number and your Credit Information and Credit Rating.
Personnel means that person's employees, agents, contractors or other representatives.
Purchased Equipment has the meaning set out in clause 10.5.
Pricing Schedule means the prices, fees, charges and other amounts payable which are
set out in Schedule 4 of this SFOA.
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Premises means locations at which we supply the Service, and locations to which we need
to have access to supply the Service.
Regulatory Authority means the Australian Communications and Media Authority, the
Australian Competition and Consumer Commission, Communications Alliance, the
Telecommunications Industry Ombudsman or any other government or statutory body or
authority.
Related Entity means an entity that is related to Addictive Technology Solutions Pty Ltd
(ACN 132 180 726) in any of the ways specified in section 50 of the Corporations Act 2001
(Cth).
Rent means to pay an amount for the use of a product or service for an agreed period of
time during which, ownership of is not passed. The product or service is returned at the
end of the period.
Service means the service requested by you in your Application and described in the
relevant Service Description and Pricing Schedule, and any related goods (including Our
Equipment and Purchased Equipment) and ancillary services provided to you by us in
connection with that service.
Service Commencement Date means the date on which we notify you that the Service
is ready for use.
Service Description means our standard service description describing the Service and
setting out specific terms and conditions for the Service and set out in the relevant
schedule to this SFOA.
Shaping means, where your Usage exceeds the Monthly Usage Allowance in any given
billing month, the Download speed from the Internet will be slowed to the maximum speed
applicable to the Service option selected by you, as specified in the Pricing Schedule.
Special Offer has the meaning set out in clause 13.5.
Supplier means any supplier of goods or services (including interconnection services)
which may be used directly or indirectly by us to supply the Service.
Telecommunications Act means the Telecommunications Act 1997 (Cth).
Telecommunications Legislation means the Telecommunications Act 1997 (Cth), the
Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth) and Part
XIB, Part XIC and related provisions of the Trade Practices Act 1974 (Cth), each as
amended or replaced from time to time.
Usage means the amount of time generated or data Downloaded by your Internet access.
You means the customer who makes the Application and where two or more persons have
applied, means those persons individually and every two or more of them jointly (and your
will have a corresponding meaning).
Your Equipment has the meaning set out in clause 10.3.
We, us means Addictive Technology Solutions Pty Ltd (ACN 132 180 726) or any Related
Entity which supplies the Service to you (and our will have a corresponding meaning).
Website means the website located at www.addictive.net.au
1.2 Interpretation
Unless the context otherwise requires:
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(a) undefined words and expressions have the same meaning as in the
Telecommunications Legislation.
(b) the expressions "we", "us", "our", "you" or "your" will include their respective
successors and permitted assigns and novatees.
(c) a reference to a person includes a reference to a person, firm, corporation or other
legal entity.
(d) a term which is defined in any part of our SFOA has the same meaning in every other
part of our SFOA.
(e) the singular includes the plural and vice versa.
(f) different grammatical forms of the same word have the corresponding meaning.
(g) a reference to a clause is to a clause in the General Terms, unless otherwise stated.
(h) examples or words of inclusion are illustrative only and do not limit the generality of
the relevant subject.
1.3 a "reasonable" notice period means a period which is reasonable in the circumstances
taking into account technical, operational and commercial issues.
2 Our Standard Form of Agreement (SFOA)
2.1 Our Standard Form of Agreement (or 'SFOA') sets out the standard terms and conditions on
which we supply our services and products to our customers. Our Standard Form of
Agreement comprises the following documents:
(a) Your Application;
(b) Section A – the General Terms which apply to all services and to all customers;
(c) Section B – Service Descriptions which each set out our standard service description
for a particular Service and specific terms and conditions which apply to a particular
Service (for example, connecting the Service, use and restrictions on use of the
Service and customer support);
(d) Section C – Pricing Schedule which specifies our rate plans, pricing and charges for
each Service, together with specific Service features and warranty information about
each Service; and
(e) Section D – Fair Use Policy which applies to particular Services, promotions and/or
customers.
If there is any inconsistency between any of the terms of our SFOA, the order of
precedence will be in the following order:
(a) Your Application;
(b) the Service Description;
(c) this SFOA, except that clauses 21 and 22 always prevail over all other terms in our
SFOA.
2.2 A copy of our most current SFOA as well as a summary of the SFOA is available on our
Website.
If you have a disability that impedes your ability to read these documents or have difficulty
reading or understanding English, you may contact us on [number] for assistance.
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Alternatively, you can contact the National Relay Service on 133 677 from anywhere in
Australia. You may also contact the Translating & Interpreting Service (TIS) on 131 450
from anywhere in Australia.
3 Changes to Our SFOA
3.1 From time to time it may become necessary to change, amend or vary our SFOA. Where
this is required, this may be done without your agreement.
3.2 If we make any change which will be detrimental to you, we will notify you at least 30 days
before the proposed change takes effect, by notifying you directly, in accordance with the
provisions of the Telecommunications Act 1997 (Cth) and the Telecommunications
Consumer Protections Code C628:2007. We may notify you directly by:
(a) mail (to the last address that you have provided us);
(b) email (to the last email address that you have provided us and provided you have
agreed for us to tell you about changes to our SFOA by email); or
(c) a message, letter or flyer included with or on your next bill.
We will also provide notice of the change on our Website.
3.3 If we make any change to our SFOA and such a change has more than a minor detrimental
impact on you, you may cancel the Service without incurring any Break Fee or other
charges (other than usage based charges or other variable charges incurred up to the date
of cancellation, and installation fees and costs of equipment we have provided to you that
you have not paid for (as long as the equipment can be used in connection with services
supplied by another provider)), by giving notice to us within 42 days after the date we give
you notice under clause 3.1.
3.4 If the date you give notice to us to cancel the Service occurs after the date of the change
to our SFOA, the change will not apply to you. We will issue a corrected invoice or
adjustment note as appropriate and, if you have overpaid as a result of the change to our
SFOA, credit your account with the overpayment or, if you have cancelled your Service with
us, refund the overpayment promptly after deduction of any other amounts due by you to
us or a Related Entity. Upon cancellation of the service due to a change to our SFOA that
has more than a minor detrimental impact on you, the charge for costs of equipment we
have provided to you that you have not paid for shall be as a lump sum and payable by the
due date.
3.5 You acknowledge and agree that our obligation to give you 30 days notice of our proposed
changes and to afford you a right to cancel the Service in accordance with clause 3.3 will
not apply in relation to:
(a) urgent changes we are required to make by law, for security reasons or technical
reasons necessary to protect the integrity of our network;
(b) the introduction of a new charge or an increase in an existing charge due to an
additional tax or levy imposed by law;
(c) the introduction of a new charge or an increase in an existing administrative charge
for ancillary services such as credit card transaction fees and direct debit charges
(provided we have offered you a reasonable alternative at the same or lesser cost to
the original charge);
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(d) increases in charges due to increases imposed on us by other Suppliers for the
following types of Services and charges:
(i) international carriage services (including for voice and data services) the
current rates for which are available on our Website); and
(ii) content and premium services (including 1900 prefix services) which we resell
to you from a third party, including where we collect fees from you on behalf of
that third party;
Where practicable to do so, we will give you reasonable notice of the changes referred to in
this clause 3.5 by one of the methods of giving notice listed in clause 3.5.
3.6 If we reasonably consider that a change to any term of our SFOA is likely to benefit you or
have a neutral impact on you, we can make the change immediately and do not need to
tell you before making the change. However we will notify you within a reasonable time
after making the change by one of the methods of giving notice listed in clause 3.1.
3.7 If a change to the SFOA made under clause 3.6 has more than a minor detrimental impact
on you (for example, because of your particular circumstances or pattern of usage of the
Service), please contact us immediately as you become aware of any minor detrimental
impact. We will permit you to cancel the Service in accordance with clause 3.3.
4 Your Application For Service
4.1 The Service that you have selected is described in the Service Description applicable to the
Service you have selected.
4.2 Making an Application
4.3 You may make an Application for supply of the Service to you by:
(a) completing and submitting an online application form located on our Website;
(b) completing an application form in person with one of our authorised representatives;
or
(c) telephone by asking our customer representative to complete the application form on
your behalf and to read the Material Terms to you.
4.4 Subject to our acceptance of your Application in accordance with clause 4.4, our SFOA
commences on:
(a) if you apply online, the date you submit the application form;
(b) if you sign an application form, the date you sign the application form;
(c) if you apply by telephone and the Material Terms are read to you, the Material Terms
of our SFOA commence on the date you accept them and the remaining terms of our
SFOA will commence on the Service Commencement Date;
(d) in any other case, the date on which you begin using the service.
4.5 When you request us to supply the Service to you, we decide whether to accept your
Application and to supply the Service to you based on:
(a) the particular terms for that Service;
(b) your eligibility for that Service;
(c) its availability to you;
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(d) you meeting our credit requirements;
(e) the accuracy of the information provided to us by you; and
(f) your prior conduct or history in respect of any previous supply by us of any goods or
services to you, including your compliance with the relevant terms and conditions
under which we supplied those goods or services.
5 Cooling off periods
5.1 Some legislation gives customers a period in which they can cancel an agreement for goods
or services. If you are entitled to a Cooling-Off Period:
(a) you may terminate this SFOA at any time during the Cooling-Off Period by giving us
notice; and
(b) we may choose not to provide the Service or any of Our Equipment to you until the
Cooling-Off Period has expired.
5.2 Please ensure that you carefully check the telephone number you provide in your
Application. An incorrect number will result in charges for any calls made on the line you
have nominated. This may also mean you will be paying for someone else's telephone calls.
In the event you have provided an incorrect phone number, we will not take responsibility
or accept liability for any errors made or costs incurred.
6 Connecting the Service
6.1 As set out in clause 21.9, we have to try to connect some Services within particular
timeframes. For other Services we will try to connect the Service within a reasonable time.
6.2 You acknowledge and agree that we decide the route and technical means that we use to
provide the Service.
6.3 You must reasonably co-operate with us to allow us to connect and supply the Service to
you safely and efficiently.
7 Using the Service
7.1 In using the Service, you must comply with all laws, all directions by a Regulatory Authority
and any reasonable directions by us.
7.2 You, and any person who accesses your Service, must not use, or attempt to use, the
Service:
(a) to commit an offence or to infringe another person's rights;
(b) in any way which damages or interferes (or threatens to damage or interfere) with
the operation of a Service or with the efficiency of our Network or a Supplier's
Network (including because you have inadequate capacity);
(c) in any way which makes it unsafe or which may damage any property or injure or kill
any person;
(d) to transmit, publish or communicate any material which is defamatory, offensive,
indecent, abusive, menacing, threatening, harassing or unsolicited;
(e) for illegal purpose or practices; or
(f) in any way which breaches our Fair Use Policy.
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7.3 You are responsible for and must pay for any use of the Service, including in circumstances
where you have not authorised such use but such unauthorised use has arisen out of your
negligent or wrongful act or omission, and you will continue to be liable for all charges
relating to any use of the Service if you allow another person to occupy the Premises or use
the Service. Also, if you do not disconnect the Service when you leave the Premises or
transfer legal responsibility for the Service in accordance with clause 24.1, you must pay for
any use of the Service by later occupants or others. Any person who uses the Service, or
allows someone else to use it, after you have vacated the Premises, is jointly and
individually liable with you for any charges relating to that use.
7.4 You acknowledge that we may be required by law to intercept communications over the
Service and may (but are not obligated to) monitor your usage of the Service and
communications sent over it for the purposes of ensuring your compliance with our SFOA
and our compliance with the law, and with any request or direction of a Regulatory
Authority, a law enforcement authority or other authority. In this regard the terms of our
privacy policy are also enforced. The privacy policy is located on our website for your
reference.
8 Exempt Sites
8.1 There are certain sites on the Internet from which you can Download without the usage
counting towards your Monthly Usage Allowance ("Exempted Sites") and, if you do reach
your Monthly Usage Allowance, downloads from these Exempted Sites are not affected by
Excess Usage Charges or Shaping and can continue to be downloaded at High Speed. A list
of these Exempted Sites can be found at http://www.addictive.net.au. We may, at our
discretion, add sites to, or delete sites from, this list from time to time and in our absolute
discretion.
8.2 Some Exempted Sites contain links to content that is external to the Exempted Sites and
this external content will be included in your Monthly Usage Allowance.
8.3 For the avoidance of doubt, only Downloads from Exempted Sites are excluded from your
Monthly Usage Allowance. Uploaded Traffic to Exempted Sites is counted towards your
Monthly Usage Allowance.
9 On and Off Peak periods
9.1 The use of On and Off Peak periods serves to distribute the volume of traffic traversing
across the Network at different to ensure maximum performance of the Network to your
benefit.
9.2 The On and Off Peak periods are set according to the Network traffic at particular times
and may change from time to time. You will be notified of any changes to the On & Off
Peak periods.
9.3 Your total data allowance is split into the maximum you can download during the On Peak
hours of the day, plus an allowance you can download during the Off Peak hours of the
day. The On and Off Peak periods are different for each product plan as described under
the relevant plan in Schedule 4 of this SFOA.
9.4 During Off Peak periods we reserve the right to prioritise applications and the use of those
applications, in order to optimise Network performance. Network optimisation is determined
by total Network usage, and is not based on an individual customer's use of various
services/applications.
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9.5 Applications will be prioritised based on whether the performance of the application is timesensitive
(i.e. the need for real-time usage of the application) and whether it requires a
minimum throughput speed.
9.6 Applications such as Streaming Video, Voice, Mail, Web, Virtual Private Networking (VPN),
Gaming, and Video on Demand (VoD), Internet Protocol Television (IPTV) and other similar
applications will be prioritised over non-time sensitive applications such as FTP and file
downloading.
10 Equipment
10.1 To enable you to use the Service, we may loan or Rent equipment to you ("Our
Equipment"). Charges for any of Our Equipment that you Rent are invoiced in accordance
with clause 14.
10.2 Where we provide Our Equipment to you in connection with the Service:
(a) ownership or title in Our Equipment is not transferred to you even after the expiry of
any contract period;
(b) you are responsible for Our Equipment from the time it is delivered to you;
(c) you must comply with our reasonable directions relating to our rights of ownership of
Our Equipment;
(d) you must only use Our Equipment in accordance with the manufacturer's
specifications and our reasonable written directions;
(e) you are responsible for Our Equipment and must pay us for any loss or damage to
Our Equipment, except to the extent that it is caused by us or by fair wear and tear;
(f) you must not part with possession of Our Equipment except to us and you must not
mortgage or grant a charge, lien or encumbrance over any of Our Equipment;
(g) you must allow us to inspect, test, service, modify, repair, remove or replace Our
Equipment, or to recover it after the Service is cancelled;
(h) you must ensure that Our Equipment will not be altered, repaired, serviced, moved or
disconnected except by service personnel approved by us;
(i) you must ensure that you have all necessary consents and approvals (including
landlord approval where applicable) necessary or desirable for us to deliver, install
and maintain Our Equipment at the Premises; and
(j) you must provide adequate and suitable space, power supply and environment for all
Our Equipment located on the Premises.
10.3 You must ensure that all equipment you own, or which is owned by a third party and
leased or licensed to you, and which you use in connection with the Service, other than Our
Equipment ("Your Equipment") complies with all laws and relevant technical standards
issued by a Regulatory Authority and all reasonable directions by us, including making any
changes to Your Equipment to avoid any danger or interference it may cause.
10.4 If you do not comply with any of your obligations under clause 10.3, we may disconnect
Your Equipment from the Service or require you to do so. We will try to give you
reasonable notice before disconnection but may do so immediately in an emergency.
10.5 You may purchase equipment from us for use in connection with the Service ("Purchased
Equipment"). New customers will be charged for the Purchased Equipment by automatic
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debit of the payment details provided in your Application, on the Service Commencement
Date. Existing customers will be charged for the Purchased Equipment by automatic debit
of the current payment details on record at the point of sale. Title to the Purchased
Equipment passes to you when you pay for it in full. You will be responsible for the
Purchased Equipment from when it is delivered to your nominated delivery address.
10.6 You acknowledge that we are not the manufacturer of the Purchased Equipment. Subject
to clauses 21.1 and 21.2 and any terms in the Service Descriptions which expressly provide
otherwise, we exclude, to the extent lawfully permitted, all warranties in relation to the
Purchased Equipment.
10.7 If you purchase the wrong equipment, you may exchange it provided that it is returned to
us undamaged and complete with all components and with the packaging intact, within 14
days of delivery to your nominated delivery address. To help cover our costs, a Restocking
Fee will apply as specified in the Pricing Schedule.
11 The Premises
11.1 In order to provide the Service to you, we may need access to the Premises. You agree to
provide us safe and prompt access to the Premises:
(a) to install any equipment for a Service you have requested;
(b) to inspect, test, maintain, modify, repair or replace any equipment; and
(c) to recover Our Equipment after the Service is cancelled.
11.2 If you do not own the Premises, you must obtain the owner's permission for us to access
the Premises and install and maintain any equipment. You must notify us immediately
when you receive that permission. You indemnify us against (and must pay us for) any
claim the owner of the Premises makes against us relating to our entering the Premises or
installing or maintaining any equipment at the Premises on reliance on any representation
made by you that you have obtained that permission.
12 Quality and Maintenance
12.1 Subject to the statutory warranties referred in clause 21.1 and your rights under clause
21.4, we aim to provide, but do not guarantee, continuous or fault-free service.
12.2 The relevant Service Description sets out our maintenance commitments that apply to the
Service. With the exception of Christmas & the calendar New Year period, generally we
provide 24 hour, 7 days -a-week customer service and support. Various special support
lines may have limited hours. You acknowledge that any calls you make to our Customer
Support Centre may be monitored or recorded for quality and/or training purposes and you
consent to us monitoring or recording such calls. If you experience any fault with the
Service, you may report that fault to us by telephoning [number] (or any such other
number notified to you by us from time to time) or by sending an email to us. Particular
timeframes for repairing faults in our Phone Service may be set out in the Customer Service
Guarantee.
12.3 We may conduct maintenance on any of our Network, Our Equipment or facilities. We will
try to conduct scheduled maintenance outside normal business hours but may not always
be able to do so.
12.4 We may also suspend the supply of the Service in accordance with clause 19.3(c).
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14 Standard Form of Agreement - Addictive
12.5 Before reporting a fault to us, you must take reasonable steps to ensure that the fault is
not a fault in any of Your Equipment. We are not responsible for rectifying any fault in the
Service where the fault arises in or is caused by another Supplier's Network or by Your
Equipment and the fault does not arise or was not caused by us or Our Equipment.
12.6 If you report a fault in the Service and ask us to come to the Premises to repair it and,
once at the Premises, we determine (in our reasonable opinion) that the Service is not
faulty or the fault is associated with Your Equipment rather than the Service, we may
charge you an Incorrect Call-Out Fee (as specified in the Pricing Schedule) and, if you
request us to repair Your Equipment, our reasonable charges for such repair.
12.7 We can charge you for repairing a fault if it is caused by something you do (or do not do),
or by something someone else using the Service (with your express or implied authority)
does (or does not do), intentionally, recklessly or negligently.
12.8 You are responsible for the proper functioning and security of Your Equipment. You must
maintain and repair all of Your Equipment used in connection with the Service.
13 Charges
13.1 The charges for the Service are set out in our Pricing Schedule (or in the terms of an
applicable Special Offer under clauses 13.5 and 13.6) and any additional charges are set
out in your Application.
13.2 You must pay all charges for the Service in accordance with any applicable provisions of
the Service Description and the Pricing Schedule. Charges for the Service accrue from no
later than the Service Commencement Date.
13.3 We may charge you an additional amount to service, modify, repair, or replace the Service
or any equipment you use in connection with the Service, as a result of:
(a) a breach of our SFOA by you;
(b) a negligent or fraudulent act or omission by you, any person authorised by you or by
any of your employees, agents or contractors;
(c) a failure of any of Your Equipment arising out of an act or omission by you, any
person authorised by you or by any of your employees, agents or contractors; or
(d) a failure or fluctuation in electrical power supply arising out of an act or omission by
you, any person authorised by you or by any of your employees, agents or
contractors,
and we will provide you with details of the additional amount prior to commencing the
service repair or replacement.
13.4 In order to provide some services to you (for example, international calls or premium
services calls), we enter into arrangements with other Suppliers. You acknowledge that our
charges to you for the Service may vary as a result of a variation of a Supplier's charges to
us for these types of services, and that we may pass on any additional charges a Supplier
charges to us for these types of services in accordance with clause 3.5.
13.5 From time to time we may make special offers ("Specials Offers") in connection with the
Service. These Special Offers may be notified in a general advertisement or specifically
offered to you and may be subject to certain conditions, including:
(a) a variation by us of the price or the terms of supply (including any Contract Term); or
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15 Standard Form of Agreement - Addictive
(b) a requirement that you acquire all relevant services for a minimum Contract Term
and pay a Break Fee if you cancel the service before the end of that minimum
Contract Term.
13.6 You may accept a Special Offer in the way notified by us (which may include completing
and submitting an Application). If you validly accept a Special Offer, the terms of that
Special Offer will prevail to the extent of any inconsistency over those which would
otherwise apply in our SFOA, and will apply until the expiry of the Special Offer as notified
by us. In all other respects, the terms and conditions of our SFOA continue to apply. After
the expiry of the Special Offer, the Special Offer pricing and terms will cease to be available
and, unless we give you reasonable notice otherwise, the terms of our SFOA will apply
thereafter.
14 Billing and Payment
14.1 We may bill you:
(a) for recurring or fixed charges, in advance;
(b) for variable charges, in arrears;
(c) for installation or set-up charges, after installation;
(d) for any equipment you purchase from us;
(e) for any other charges set out in your Application or the Pricing Schedule, in
accordance with the Pricing Schedule or the Service Description.
(f) using another invoice in the same month for billing alignment purposes where
applicable; and
(g) for any amount owing to a Related Entity in accordance with clause 14.10.
14.2 We will bill you in accordance with the billing period described in the Service Description or
the Pricing Schedule. We can also issue an interim bill in the following circumstances:
(a) You change your existing plan;
(b) You request a new service to be connected;
(c) You relocate an existing service;
(d) You request to be invoiced for any 'unbilled' charges;
(e) Your Service Commencement Date is not on the same date as our Billing Date.
14.3 Bills will be calculated by reference to data recorded, logged or received by our Suppliers
and us. You acknowledge that in calculating charges we need only look at that data as
recorded, logged or received by our Suppliers or us.
14.4 We try to include all charges relating to a billing period on that bill. Where that does not
happen, bills may include charges from previous billing periods except where such charges
have been billed more than 190 days from the date the charge was incurred by you.
14.5 We may reissue any bill if any error is subsequently discovered. If you have overpaid as a
result of a billing error, your account will be credited with the overpayment or, if you have
stopped acquiring the Service from us, we will refund the overpayment promptly after your
request and after deduction of any other amounts due by you to us or a Related Entity.
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16 Standard Form of Agreement - Addictive
14.6 Subject to clause 15 (Billing Disputes), you must pay each amount billed by the due date
specified in the bill and in the manner specified in the Service Description or the Pricing
Schedule.
14.7 If you have previously opted or do so at anytime throughout the Contract Term decide to
pay by direct debit or credit card, you must give us at least 14 days prior notice if you no
longer wish to pay via either of these methods. Paying by credit card will incur a levy
charge as outlined in the Pricing Schedule.
14.8 If you do not pay an invoice by its due date, then:
(a) we may charge you a late fee equal to 3% per annum calculated on the daily balance
of the unpaid amount from the due date until the date of payment in full;
(b) you must pay our reasonable expenses and costs in recovering payment from you
such as the costs incurred by engaging a debt collection agent to collect the overdue
amounts; and
(c) we can suspend or cancel the Service in accordance with clause 19.2(a);
provided that we will not charge the fees specified in paragraphs (a) or (b) of this clause if
you can reasonably satisfy us that payment of the bill was not made (or processed by us)
on or before the due date for payment as a result of our act or omission.
14.9 If you pay a bill:
(a) by direct debit and there are insufficient funds in the account; or
(b) by cheque and the cheque is dishonoured;
you may be required to pay an additional Decline Fee (as specified in the Pricing Schedule).
14.10 If you owe to a Related Entity an outstanding debt which is not the subject of a valid billing
dispute and you no longer acquire a service from that Related Entity, we may apply the
debt to your current Service account and bill you for it. You must pay the outstanding
amount by the due date specified on your bill or we may take action in accordance with
clause 14.8.
15 Billing Disputes
15.1 If you wish to dispute a charge in a bill you must do so in accordance with this clause 15.
15.2 You agree to notify us of any billing disputes within a reasonable time.
15.3 The Telecommunications Consumer Protections code Clause 6.5.4(d) mandates that we
shall not bill you for charges older than 190 days from the date the charge as incurred by
you.
15.4 Accordingly, you will notify us of any billing disputes within 190 days of the original
invoiced date. Billing disputes for charges raised before 190 days cannot be disputed and
are payable in full.
15.5 Except to the extent you raise a valid billing dispute in respect of a bill issued by us, you
agree that the bill is valid and payable (and you must pay any undisputed amount included
in the bill in accordance with clause 14.6).
15.6 To raise a valid billing dispute, you must, within 12 months of the date of the bill, make a
good faith request to us to investigate the specific charges or bill in dispute and provide
details which show that a particular charge or bill is incorrect (for example missing details,
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17 Standard Form of Agreement - Addictive
wrong account details and wrong addresses, wrong service number, incorrect Service
charges).
15.7 If you raise a valid billing dispute, then we will, within a reasonable time of your request,
conduct investigations that are reasonably necessary and appropriate in the circumstances
of the dispute. At the end of these investigations, if we reasonably determine that:
(a) there is an error in the bill, we will issue a corrected invoice or adjustment note as
appropriate and, if you have overpaid as a result of the billing error, credit your
account with the overpayment or, if you have cancelled your Service with us, refund
the overpayment promptly after deduction of any other amounts due by you to us or
a Related Entity; or
(b) the bill is correct, you must pay any outstanding amount.
15.8 If we are not able to resolve your billing dispute, or any other dispute, to your satisfaction
you may have rights under the Telecommunications Industry Ombudsman (TIO) scheme.
For further information go to www.tio.com.au or call the TIO on 1800 062 058 or (TTY)
1800 675 692. Alternatively, you may contact the Department of Fair Trading or
Department of Consumer Affairs in your state or territory.
16 GST
16.1 Charges not expressed to be GST inclusive
16.2 If GST is imposed on any supply we make to you under our SFOA and the charges, or other
consideration, payable for the supply are not expressed to be inclusive of GST, you must
pay to us an additional amount calculated by multiplying the value of that GST-exclusive
consideration (without deduction or set-off) by the prevailing GST rate. We will issue a tax
invoice to you for any supply on which GST is imposed. This clause applies if you ordinarily
reside in a State or Territory within Australia.
16.3 Penalties and Interest
16.4 Where we become liable for any penalties or interest as a result of the late payment of GST
due to your failure to comply with the terms of our SFOA (including this clause 16) or your
obligations under any applicable law, then you must pay to us an additional amount equal
to those penalties and interest.
17 Personal Information
17.1 We may collect Personal information about you and in accordance with our privacy policy
for the purposes set out in clause 17.3 from:
(a) you directly, when you provide information by phone or in application forms, or when
you submit your personal details through our Website;
(b) our employees, agents, contractors, or Suppliers;
(c) a Related Entity;
(d) a credit reporting agency, credit provider or fraud-checking agency;
(e) your representatives;
(f) other telecommunication and information service providers; and
(g) publicly available sources of information.
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18 Standard Form of Agreement - Addictive
17.2 We may disclose Personal Information about you for the purposes set out in clause 17.3 to:
(a) our employees, agents or contractors;
(b) a Related Entity;
(c) Suppliers who need access to the Personal Information to provide us with services to
enable us to supply the Service to you;
(d) a credit reporting agency, credit provider or fraud-checking agency;
(e) our professional advisers, including our accountants, auditors and lawyers;
(f) other telecommunication and information service providers (for example, if you
obtain services from other providers, we may need to disclose your personal
information for billing purposes);
(g) your authorised representatives or your legal advisers (for example, when requested
by you to do so); or
(h) government and Regulatory Authorities and other organisations, as required or
authorised by law (for example, to the operator of the Integrated Public Number
Database (IPND)), which supplies information for telephone directories and to law
enforcement agencies for purposes relating to the enforcement of criminal and other
laws.
17.3 We may collect, use and disclose Personal Information about you for the purposes of:
(a) verifying your identity;
(b) assisting you to subscribe to our services and the services of a Related Entity;
(c) providing the services you require from us and from a Related Entity;
(d) administering and managing those services, including billing, account management
and debt collection;
(e) conducting appropriate checks for credit-worthiness and for fraud;
(f) determining whether to provide to you (or to cease or limit the provision to you of)
trade, personal or commercial credit and the ongoing credit management of your
account;
(g) researching and developing our services;
(h) business planning;
(i) providing your Personal Information to the manager of the Integrated Public Number
Database (IPND) for the Approved Purposes; and
(j) promoting and marketing our services, products and Special Offers to you and the
products and services of Related Entities, unless you request that we do not use your
personal information in this way (for example, by choosing to 'opt-out' at the time
your information is collected by us, or by contacting the Customer Service Centre at
anytime on [number]).
17.4 If you are a natural person (i.e. an individual), you are entitled to access your Personal
Information held by us, unless we are permitted or required by law to refuse such access.
17.5 If you choose not to provide all or part of the Personal Information we request, we may not
be able to provide you with the Services requested by you, or we may refuse to provide, or
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19 Standard Form of Agreement - Addictive
limit the provision to you of, any Service or personal or commercial credit requested by
you.
17.6 By providing Personal Information to us and acquiring the Service, you acknowledge and
consent to the collection, use and disclosure of your Personal Information as set out in this
clause 17 and in accordance with our privacy policy. A copy of our privacy policy is
available at our offices or on our Website.
18 Variations To The Service
18.1 If you request a variation to the Service and we, in our discretion, make that variation,
then:
(a) revised charges may apply to the varied Service as notified to you by us;
(b) a Downgrade Fee may apply to the varied Service as notified to you by us and as set
out in the relevant Service Description or in the Pricing Schedule.
18.2 We may at any time vary the Service if reasonably required for technical, operational or
commercial reasons. Any variation will be undertaken in accordance with the process
described in clauses 3.1 to 3.6.
19 Cancelling Or Suspending The Service
19.1 We may, without liability, cancel the Service:
(a) if there is no Contract Term specified in your Application or the Service Description, at
any time by giving 30 days notice to you;
(b) if a Contract Term is specified in your Application or the Service Description, at any
time after the end of the Contract Term by giving 30 days notice to you; or
(c) if we reasonably determine that it is not technically or operationally feasible to supply
the Service to you, at any time prior to the Service Commencement Date by giving
you notice.
19.2 Subject to our obligation to give you notice (if applicable) as set out in clause 19.5, we may
immediately suspend, cancel or restrict the supply of the Service to you if:
(a) you fail to pay any amount owing to us by the due date and you fail to pay that
amount within 7 days after we give you notice requiring payment of that amount,
except that we may not give you such notice in respect of an amount which is validly
disputed in accordance with clause 15 until after we have completed the
investigations referred to in clause 15;
(b) you breach a material term (other than a breach which separately gives rise to rights
under this clause 19.1) and that breach is not capable of remedy;
(c) you breach a material term (other than a breach which separately gives rise to rights
under this clause 19.2) and, where that breach is capable of remedy, you do not
remedy that breach within 14 days after we give you notice requiring you to do so;
(d) you become bankrupt or Insolvent or appear likely to do so and we reasonably
believe that it is unlikely that we will receive or retain amounts due and payable by
you under our SFOA;
(e) you vacate the Premises or you die;
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20 Standard Form of Agreement - Addictive
(f) in the case of a partnership, on dissolution or on the filing of an application to
dissolve the partnership, we reasonably believe that it is unlikely that we will receive
or retain amounts due and payable by you under our SFOA;
(g) you breach clause 7 or clause 10.3 or your obligations relating to the use of the
Service under the Service Description, or you breach the Fair Use Policy;
(h) we reasonably suspect fraud or other illegal conduct by you or any other person in
connection with the Service;
(i) we reasonably believe a threat or risk exists to the security of the Service or the
integrity of our Network or a Supplier's Network and that threat or risk is caused
directly or indirectly by you;
(j) you resell the Service or otherwise act as a Carriage Service Provider;
(k) we reasonably consider you a credit risk. We consider that you are a credit risk when
there is some doubt as to your ability to pay by the due date based on factors such
as previous payment history and payment behaviour (e.g. late payments,
dishonoured payments or failure to pay), any previous advice from you about a
potential inability or unwillingness to pay, where your usage is unusually high when
compared with previous usage patterns, or where you are pending bankruptcy or
insolvency. In considering whether you are a credit risk, we may consider your
payment history with respect to other services supplied by us or a Related Entity; or
(l) we are entitled to under another provision of our SFOA, and that entitlement arises
by reason of your default or conduct under this SFOA.
19.3 Subject to our obligation to give you notice (if applicable) as set out in clause 19.5, we may
immediately suspend, cancel or restrict the supply of the Service to you if:
(a) a Supplier terminates its agreement with us, or ceases to supply services to us, and
we are not able to provide the Service using services of an alternate Supplier on
terms reasonably acceptable to us;
(b) there is an emergency;
(c) doing so is necessary to maintain, repair or restore any part of our Network or a
Supplier's Network used to supply the Service, or for other operational reasons;
(d) we are required by law or in order to comply with an order, direction or request of a
Regulatory Authority or an emergency services organisation;
(e) the ACCC issues us with a competition notice (as that term is used in the Trade
Practices Act 1974 (Cth)) in respect of the Service or we reasonably anticipate that it
may do so;
(f) providing the Service to you may be illegal or we reasonably anticipate that it may
become illegal;
(g) a Force Majeure Event prevents the supply of the Service in accordance with our
SFOA for more than 14 days;
(h) we reasonably believe a threat or risk exists to the security of the Service or the
integrity of our Network or a Supplier's Network and that threat or risk is not caused
directly or indirectly by you; or
(i) we are entitled to under another provision of our SFOA and that entitlement does not
arise by reason of your default or conduct under this SFOA.
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21 Standard Form of Agreement - Addictive
19.4 If we suspend the Service under clauses 19.2 or 19.3, we may later cancel the Service for
the same or a different reason.
19.5 Before exercising any of our rights under clauses 19.2 to 19.4, we:
(a) will try to give you reasonable notice in any of the circumstances referred to in
clauses 19.2(b), (d), (e), (f), (k) and 14.3(a), (c), (d), (e), (f), (g) and (h);
(b) may be unable to give you notice in the event of an emergency. We will, however, try
to provide as much notice as possible; and
(c) will not be required to give you notice if we exercise our rights by reason of the
circumstances referred to in clause 19.2(g), (h), (i) or (j).
19.6 Except as provided otherwise in the Service Description for your Service, you may cancel
the Service without liability, by giving us notice :
(a) at any time, if there is no Contract Term specified in the Service Description or your
Application;
(b) if a Contract Term is specified in the Service Description or your Application, at any
time after the end of the Contract Term;
(c) if:
(i) we have breached a material term of our SFOA and that breach is not capable
of remedy; or
(ii) we have breached a material term of our SFOA and that breach is capable of
remedy but we failed to remedy that breach within 14 days after you first gave
us notice requiring us to do so, or
(d) upon giving us 14 days notice where there has been a prolonged Interruption to the
Service lasting for more than 10 days, or more than one reported Interruption in a 12
month period. This clause does not apply to Interruptions which occur because of:
(i) a cancellation, suspension or restriction to the supply of the Service in any of
the circumstances listed in clause 19.2;
(ii) a cancellation, suspension or restriction to the supply of the Service in any of
the circumstances listed at clause 19.3(b), (c), (d), (g) or (i);
(iii) a fault or other event which may reasonably be attributed directly or indirectly
to Your Equipment; or
(iv) your acts or omissions.
19.7 If you cancel your Service in accordance with clause 19.6(d) prior to the end of the
Contract Term and we have supplied you with equipment under a Special Offer on the
condition that you acquired the Service for the full Contract Term then:
(a) if we supplied the equipment free of charge, you must:
(i) return the equipment to us; or
(ii) retain the equipment and pay for it in full; or
(b) if we supplied the equipment at a discount, you must:
(i) return the equipment to us and we will reimburse you the purchase price paid
by you, or
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22 Standard Form of Agreement - Addictive
(ii) retain the equipment and pay us an amount equivalent to the discount we gave
you.
19.8 You may cancel the Service for any reason before the end of the Contract Term by giving
written notice to us but you may be required to pay a Break Fee in accordance with clause
20.3(b) the Pricing Schedule.
19.9 You may ask us to suspend the Service by giving notice to us. We will try to do so within a
reasonable period if it is a Service for which suspension is an option. ADSL Services cannot
be suspended.
20 Consequences of Suspension and Cancellation
20.1 If the Service is suspended in accordance with our SFOA, then you will not have to pay any
charges for the Service while it is suspended. However, if the Service is suspended by
reason of any of the circumstances referred to in clause 19.2, you must pay a reconnection
fee as set out in the Pricing Schedule prior to the expiration of the suspension and
recommencement of the Service.
20.2 If we reconnect a Service that has been cancelled, you may have to pay us a reconnection
charge. You will not be required to pay a reconnection charge if the Service was cancelled
pursuant to clauses 19.3, 19.6(c) or (d) or due to our fault or negligence.
20.3 If the Service is cancelled in accordance with our SFOA (other than in accordance with
clauses 19.3, 19.6(c) or (d)):
(a) before the Service Commencement Date, we can charge you any costs reasonably
incurred by us in preparing to provide it to you; and
(b) during the Contract Term, you must pay to us the Break Fee.
20.4 If the Service is cancelled you still have to pay all charges incurred before cancellation. We
will refund any overpayment on your account and any money that you have paid in
advance for the cancelled Service on a pro-rata basis to you. However, subject to clause 15
(Billing Disputes), we can deduct from your refund any amount that you owe to us, such as
charges you have incurred before cancellation or any applicable Break Fee.
20.5 In the event that there is credit remaining on your account at the time of cancellation, you
will receive the credit via your listed credit card without being charged the Handling Fee.
We reserve the right to charge any associated merchant fees, as they are a reflection of
the costs incurred by us to prepare the refund for you. If a cheque or other method of
refund is required, a Handling Fee is payable.
20.6 On cancellation of the Service:
(a) because of any of the circumstances listed at clause 19.2, you will, at your cost,
immediately stop using and return to us, or allow us to remove, any of Our
Equipment. You must pay all outstanding amounts in a lump sum for any Purchased
Equipment which you have not fully paid for at the date of cancellation,
(b) because of any of the circumstances listed at clause 19.3, or clauses 19.6(c) or (d),
subject to clause 19.7, you will, at your cost, immediately stop using and return to us,
or allow us to remove, any of Our Equipment. We will refund any amounts already
paid by you for any equipment which you have purchased but not fully paid for at the
date of cancellation, if that equipment is not able to be used with other
telecommunications providers' services. Where the equipment is able to be used with
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23 Standard Form of Agreement - Addictive
other telecommunications provider's services, no refund is applicable and you must
pay all outstanding amounts in a lump sum.
(c) For the avoidance of doubt, we will not credit you with any refund under this clause
20.6(b) until after you have returned the equipment to us and we have assessed that
the returned equipment has not been damaged by more than fair wear and tear.
(d) you will, at your cost, return to us all other material of ours (including any software)
on the Premises or in your possession or control;
(e) unless our SFOA expressly states otherwise, each person's accrued rights and
obligations are not affected;
(f) you must immediately stop using the Service; and
(g) the parts of our SFOA which are by their nature intended to survive cancellation will
continue unaffected, including clause 10 (Equipment), clause 14 (Billing and
Payment), clause 15 (Billing Disputes), clause 16 (GST), clause 17 (Personal
Information), this clause 15 (Consequences of Suspension and Cancellation), clause
21 (Our liability to You), clause 22 (Your Liability to Us), clause 24 (Assignment and
Subcontracting) and clause 25 (General).
21 Our Liability To You
21.1 Nothing in this SFOA removes or limits any statutory warranties which are implied into this
SFOA and which we are not permitted to exclude (for example, if you acquire goods or
services from us which are ordinarily acquired for personal, domestic or household use or
consumption, the Trade Practices Act 1974 (Cth) implies into this SFOA certain warranties,
such as that the goods must be of a merchantable quality and reasonably fit for the
purpose for which they are supplied, and that any services must be provided with due care
and skill, in addition to other warranties). Otherwise, we agree to provide the Service to
you subject only to the terms, conditions and warranties contained in this SFOA.
21.2 Where we are not permitted to exclude our liability for any loss or damage in connection
with our breach of a term, condition or warranty, but are permitted to limit our liability for
such a breach, our liability to you is limited:
(a) if the breach relates to the supply of Our Equipment or Purchased Equipment, the
repair or replacement of the equipment, the supply of equivalent equipment or the
payment of the cost of repairing or replacing the equipment or supplying equivalent
equipment; or
(b) if the breach relates to the supply of a Service, resupplying the Service or payment of
the cost of having the Service resupplied.
21.3 The limitations of liability in clauses 21.2 and 21.6 do not apply to:
(a) personal injury (including illness and disability) or death;
(b) the loss, destruction or damage to, or loss of use of tangible property.
21.4 Subject to clause 21.5, we accept liability to you for Interruptions to the Service, but only
to the extent of:
(a) a refund or rebate for the period of the Interruption (calculated in accordance with
the Service Description for the Service); and
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24 Standard Form of Agreement - Addictive
(b) where the Interruption is directly caused by our fault or negligence, reasonable
compensation for any direct loss incurred.
21.5 The refund or rebate in clause 21.4(a) does not apply to Interruptions which occur because
of:
(a) a cancellation, suspension or restriction to the supply of the Service in any of the
circumstances listed in clause 19.2;
(b) a fault or other event which may reasonably be attributed directly or indirectly to
Your Equipment;
(c) your acts or omissions; or
(d) scheduled maintenance to our Network, a Supplier's Network, Our Equipment or
Purchased Equipment not less than 1 hour.
21.6 Except for liability which is expressly accepted by us under this clause 21, we exclude all
other liability to you (whether based in contract, tort (including negligence) or otherwise)
for suspending the Service where we do so in accordance with our SFOA.
21.7 To receive the rebate or compensation set out in clause 21.5, you must contact our
Customer Service Centre on [number] and lodge a complaint about the Interruption.
21.8 To the extent permitted by law, for those customers who acquire a Service which is
ordinarily acquired for personal, domestic or household use or consumption, we do not
accept liability for any loss, cost, or damage incurred by you which arises in connection
with use of the Service while conducting a business.
21.9 To the extent that we provide you with a standard telephone service (as defined in the
Telecommunications (Consumer Protection and Service Standards) Act 1999) and specified
enhanced call handling features, our service must comply with the Customer Service
Guarantee Standard (the "CSG"). The CSG sets out minimum performance standards in
relation to service connection times, fault repair times and keeping appointments to provide
you with a Service. The CSG does not apply to Your Equipment or to customers that have
more than five telephone services. We will connect Services not covered by the CSG within
a reasonable time.
21.10 If we do not meet the CSG performance standards, you may be entitled to receive
monetary compensation as specified in the CSG. However, there are circumstances in
which we may be exempt from meeting those requirements, including where you
unreasonably refuse us access to your Premises or if you miss an appointment without
giving us reasonable notice. For more information about the CSG, go to the Australian
Communications and Media Authority website at www.acma.gov.au.
21.11 Our liability for any loss, cost, liability or damage suffered or incurred by you under or in
connection with our SFOA or the Service (whether based in contract, tort (including
negligence), statute or otherwise) is reduced to the extent that your acts or omissions or
Your Equipment (or the acts, omissions or equipment of a third person,) caused or
contributed to that loss, cost, liability or damage.
21.12 Subject to the statutory warranties that are expressly or impliedly incorporated into this
SFOA, we exclude any liability to you for any Consequential Loss suffered or incurred by
you in connection with the supply or Interruption of any goods or services (including the
Service) or with a claim arising from this SFOA (whether based in contract, tort (including
negligence) or otherwise).
Standard Form of Agreement - Addictive.
25 Standard Form of Agreement - Addictive
21.13 To the extent permitted by law, we have no liability to you or to any other person for acts,
omissions or defaults of any Supplier or any person who provides goods or services directly
to you for use in connection with a Service. However, we will use reasonable endeavours to
ensure that any Supplier cooperates in order to deliver the Service in a timely manner,
provides and ma intains the Service in a responsible fashion and rectifies any faults in
relation to the Service in a timely manner.
21.14 We are not liable for failing to comply with any of our obligations under our SFOA if a Force
Majeure Event occurs which prevents us from performing those obligations.
21.15 We are only liable to you in the cases set out in this clause 16 or otherwise as provided by
law. Otherwise, we exclude any liability we might otherwise have to you in connection with
our SFOA or the Service to the extent that such liability is not expressly accepted by us
under this clause 16.
22 Your Liability To Us
22.1 If you and one or more others are the customer for a Service, each of you is jointly and
individually responsible for all charges and other obligations relating to that Service.
22.2 You must pay us for any loss, damage, cost or liability including reasonable legal costs (but
excluding any Consequential Loss) we suffer or incur relating to:
(a) the use (or attempted use) of the Service; or
(b) equipment used in connection with the Service, and
arising out of your (or any person authorised by you) breach of this SFOA or negligent acts
or omissions.
22.3 You must ensure that any person who you allow to use the Service, or to whom you ask us
to supply the Service directly, complies with our SFOA as if they were you.
23 Telephone Numbers And Public Addressing Identifiers
23.1 The Telecommunications Number Plan 1997 (Cth) sets out rules for issuing, transferring
and changing telephone numbers. You and we must comply with the Telecommunications
Number Plan.
23.2 In addition to telephone numbers, the Service may use other identifiers such as an IP
address or domain name ("Public Addressing Identifiers"). You must comply with the
requirements of any Regulatory Authority or other body which administers Public
Addressing Identifiers.
23.3 You are entitled to continue to use any telephone number we issue to you, except in
circumstances where the Telecommunications Number Plan allows us to recover the
number from you and we require the number.
23.4 You acknowledge and agree that:
(a) we do not control the allocation of Public Addressing Identifiers;
(b) we are not liable to you if we are required to change, withdraw, suspend or re-assign
any Public Addressing Identifier as a result of any direction given by a Regulatory
Authority or other body which administers Public Addressing Identifiers; and
(c) on cancellation of the Service, your right to use a Public Addressing Identifier may
cease.
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26 Standard Form of Agreement - Addictive
24 Assignment and Subcontracting
24.1 You may not assign or transfer or otherwise deal with any of your rights or obligations
under this SFOA without our prior written consent.
24.2 We may assign some or all of our rights under our SFOA to any person, Related Entity or
body corporate.
24.3 We may transfer some or all of our obligations under this SFOA to:
(a) a Related Entity ; or
(b) a purchaser of Addictive's business,
on condition that the transferee agrees to provide the Service to you on materially the
same terms and conditions of our SFOA as amended from time to time and as applies to
you at the time.
24.4 We may perform any of our obligations under the SFOA by arranging for them to be
performed by another person. We will still be responsible for the performance of the
obligations.
24.5 Otherwise, we may transfer or deal with our obligations under our SFOA on terms to which
you consent.
25 General
25.1 Confidentiality
You and we each agree to keep confidential the other's Confidential Information. You and
we will not use or disclose the other's Confidential Information for any purpose, other than:
(a) to the extent necessary to perform obligations or exercise rights under our SFOA;
(b) to the extent disclosure is required by law or the listing rules of a stock exchange or a
direction by a Regulatory Authority; or
(c) to professional advisors in connection with our SFOA.
For clarity, we may refer to you as a customer of ours in our press releases, or in our
marketing sales or financial material or reports.
25.2 Notices
A notice, approval or consent to be issued under the SFOA must be in writing, except for
variations by us, for which notice can be given in accordance with the
Telecommunications Act (set out in clause 3.1). In the absence of evidence to the
contrary, such notice, approval or consent will be taken to be received:
(a) if left at the address of the addressee, at the time it was left;
(b) if sent by ordinary post, on the third day after posting;
(c) if sent by express post, on the next day; and
(d) if sent by facsimile or electronic transmission, at the time when the machine on which
the notice is sent, reports in writing that the notice has been transmitted
satisfactorily.
25.3 Waiver
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27 Standard Form of Agreement - Addictive
If we have a right arising out of a breach by you of our SFOA and we do not exercise that
right, we do not waive that right, unless we do so in writing signed by us, or our right to
insist on performance of that or any other obligation at any other time.
25.4 Severance
If a provision of SFOA is void, voidable or unenforceable in any jurisdiction, it will be
severed and the remainder of our SFOA will not be affected.
25.5 Intellectual Property
You do not own or have any legal interest in any of our intellectual property or in any
telephone number, IP address, domain name, personal identification number or other
locator or identifier issued by us to you.
25.6 Authority
If you have a business Service, you agree that if we need your consent to undertake
certain actions then, provided we act in good faith, we may rely upon the authority of any
of your employees, who tell us that they are authorised to provide that consent on your
behalf. For residential Services, you must inform us if you want another person to have
authority to access or make changes to your Service or account. We will not let another
person access your account unless we have received your authority to so.
25.7 Entire Agreement
This SFOA contains the entire agreement between the parties and supersedes all prior
agreements and understandings between the parties in connection with it.
25.8 No Reliance
You acknowledge that:
(a) you are obtaining the Services entirely as a result of your own enquiries and that you
do not rely on any statement, representation or promise by us or on our behalf not
expressly set out in this SFOA;
(b) advice from our staff is given in good faith and with the best of intention, however
we do not represent that our staff are experts in the operation of your computer
hardware or software. You undertake to act on any advice given by any of our staff
members at your own risk;
(c) we make reasonable efforts to ensure that the information on our Website is correct
and up to date. However, we do not warrant the accuracy of that material.
25.9 Subcontractors
We may subcontract any of our obligations under this SFOA.
25.10 Governing Law
Our SFOA is governed by the laws of the Commonwealth of Australia and the laws of the
state or territory in which you ordinarily reside or do business (as stated in your
Application). You and we agree to submit to the non-exclusive jurisdiction of the courts of
the Commonwealth, and its states and territories.
26 What Is The Fair Contract Guarantee?
26.1 When you sign up to an optional fixed term contract, you commit to retain your broadband
service for a set period. However, our fair contract guarantee ensures you always have
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28 Standard Form of Agreement - Addictive
access to our best broadband plans. It lets you change between plans at any time without
the need to break your agreed contract.
26.2 If you upgrade your plan, we will absorb the administration costs. If you change to a
broadband plan of equal or lesser value, a $29 Downgrade Fee applies. If you end your
contract early you will be required to pay any waived set-up fees the difference between
the full price and discounted price of the hardware costs that we provided at a reduced
price because you committed to a contract. If you cancel your connection (excluding Naked
DSL) within six months, an early termination fee also applies, but after that you don't have
to pay out your remaining monthly fees.
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29 Standard Form of Agreement - Addictive
Schedule 1 – VoIP Service
1 Definitions
1.1 The definitions of the SFOA are imported into this schedule and have the same meaning
and effect except where there is a conflict, this schedule shall take precedence.
1.2 In this Service Description:
Access Line means a line or line, and ancillary facilities, over which the Service is
delivered, connecting a telephone or other equipment to a local exchange of a carrier or
carriage service provider.
ACMA means the Australian Communications and Media Authority (www.acma.gov.au).
Customer Service Guarantee Waiver means an agreement between you and us that
makes up this SFOA, that acknowledges that you wish to waive the protections and rights
provided under the Customer Service Guarantee (CSG) for the service/s noted.
Customer Service Representative means a person contracted or employed by us for
the purpose of responding to customer queries, available by telephoning [number] or
emailing [email address], or such other telephone number or email address notified to you
by us from time to time.
Facility has the meaning given by the Telecommunications Act 1997 (Cth).
Incompatible Product List means the list of products which are incompatible with the
Service and which are published on our Website.
VoIP Service means the voice over internet telephone service provided by us to you.
On-Net Numbers means numbers that are supplied to customers of VoIP Service.
Our Network means the VoIP Service.
Phone Number means the service number assigned to your Access Line.
Port means, in respect of a Phone Number, to transfer a customer's Phone Number from
one Local Exchange Carrier to another in conjunction with the customer's local call service.
Porting Authority Form or PAF means an authorisation from you to Port the Phone
Number, in such form as provided by us or that we otherwise agree to accept.
Preselect an Access Line means to designate a particular supplier to provide Preselectable
Calls over that Access Line and Preselection and Preselected have corresponding
meanings.
Preselectable Calls mean national long distance voice calls to a geographic number,
international direct-dial voice calls, operator assisted services accessed by the common
operator assisted service numbers and calls to mobile services.
Required Equipment means:
(a) a telephone handset; and
(b) a VoIP enabled modem/router or, if you do not have a VoIP enabled modem/router,
an analogue telephone adapter or ATA.
Telephony Product List means the list of telephony products which are supplied by us
and which are published on our Website.
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30 Standard Form of Agreement - Addictive
Telstra means Telstra Corporation Limited ACN 051 775 556.
1.3 Unless otherwise stated, a reference to a clause is to a clause in this Service Description.
1 VoIP Service
1.1 A VoIP Service (the "Service") is an enhanced voice communication service whereby the
voice communication is converted into a digital signal (known as Internet Protocol or IP)
and carried, in part, over a high-speed (broadband) Internet network. This service is also
referred to as "voice over IP". It is a secondary and separate service that is distinct from a
standard telephone service.
1.2 The VoIP Service provides you with access to a local and long distance telephone
service with the ability to make and receive
(a) National (STD), fixed to mobile, and international calls;
(b) Local Calls;
(c) Calls to directory assistance services (for example, calls to 1223 and 1225; and
(d) Calls to On-Net Numbers; and
(e) Calls to Emergency Services (000); and
(f) Calls to toll free call numbers (for example, 1300, 1800 and 13); and
(g) Domestic satellite services; and
a range of other telephone services and products described in the Pricing Schedule,
including, where available VoIP telephone number/s, and provision of directory assistance
and operator services.
1.3 Calls made using the VoIP Service can terminate to:
(a) the numbers referred to in clause 1.2 of this Schedule; and
(b) numbers in the same Local Call charging zone as the calling number; and
(c) On-Net Numbers.
1.4 We can change the technical specifications of the Service at any time for operational and
network planning reasons. We will give you prior written notice of changes which will have
a more than minor detrimental impact on your use of the Service and, in such cases, you
may cancel the Service in accordance with clause 3.3 of the SFOA.
1.5 You acknowledge and agree that our supply of the VoIP Service is on terms that:
(a) you must also acquire from us:
(i) One of our current broadband products (outline here);
(b) you must only use the VoIP Service at the physical location where we supply your
Broadband Service; and
(c) calls using an override code (such as 1414) are not supported when using the VoIP
Service;
notwithstanding clause 21.9 of our SFOA, you agree to waive your rights and protections
afforded by the Customer Service Guarantee. The rights and protections which you agree
to waive are set out in clause 3 of this Schedule.
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1.6 You acknowledge that in order to receive and access the VoIP Service:
(a) you must install, or arrange for the installation of, all Required Equipment;
(b) all Required Equipment used to connect to the Service must be compatible with the
Service.
1.7 You acknowledge that:
(a) if any Required Equipment you supply yourself is not compatible with the Service or is
faulty, you may not be able to access, operate or use the Service;
(b) the quality of the Service and/or your ability to access the Service may be affected if
there is an Interruption to the Broadband Service; and
(c) if you request a variation to the Broadband Service, the quality of the Service and/or
your ability to access the Service may be affected during implementation of your
request to vary the Broadband Service.
1.8 You acknowledge that if you relocate your broadband service and move to a different call
collection area, you will be assigned a new VoIP number. In being assigned a new VoIP
number, if you have a broadband plan that is no longer for sale, you will be required to
upgrade your broadband service to a currently sold service.
1.9 We will provide you with the Required Equipment you order from us in your Application.
This equipment may be new or "as new". Where the equipment is "as new", we will
disclose this to you prior to dispatch. All risk in the Required Equipment passes to you on
delivery. Title to the Required Equipment passes to you upon payment in full.
1.10 If we do not supply any or all of the Required Equipment to you, you will need to have
purchased all of (or the remainder of) the Required Equipment before we can supply the
Service to you. If you choose to supply some or all of the Required Equipment yourself, the
operation of that equipment and any repairs to it will be your responsibility.
1.11 Where we supply any Required Equipment to you, we provide the warranty specified in the
Pricing Schedule at no extra cost. The warranty does not apply where you have supplied
your own Required Equipment. This warranty is in addition to the statutory warranties
described in clause 21.1 of the SFOA.
1.12 If you notify us of a fault with any Required Equipment we have supplied to you, within the
warranty period specified in the Pricing Schedule, we will repair, replace or provide credit
for the faulty item at no cost to you. However, if the fault was caused by:
(a) any equipment not provided by us;
(b) a Force Majeure Event;
(c) any interference with or modification to the Required Equipment or a failure to
(d) use it in accordance with the manufacturer's specifications or our instructions; or
(e) damage caused by you or any third party,
then we will charge you a fee, as specified in the Pricing Schedule, for the repair or
replacement, including associated shipping and/or handling costs.
2 Emergency Services
2.1 You acknowledge and agree that:
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32 Standard Form of Agreement - Addictive
(a) the VoIP Service supports access to emergency call services (000 or other emergency
service telephone numbers) but the Service will not be available in the event of a
power failure or Interruption to your Broadband Service connection;
(b) the VoIP Service is NOT a substitute for a standard (PSTN) and it is recommended
that you maintain an alternative telephone service (PSTN or mobile) to make and
receive calls and to ensure that you have on-going access to 000 and other
emergency call services;
(c) we are not liable to you for any loss or damage you suffer or for any costs, expenses
or charges you incur arising from any inability to access emergency call services using
the VoIP Service and which is not a direct result of our fault or negligence;
(d) your full address details set out in your Application will be provided when notifying
emergency call services organisations of your location in the event of an emergency.
It is your responsibility to ensure that this information is current and to contact us if
this information changes by calling Customer Support; and
(e) the Service will not be available in the event of a power failure or power outage,
including access to emergency call services. In the event that there is an interruption
to the power supply, the Service will not be available until power is restored. A power
failure or disruption may require you to reset or reconfigure the VoIP enabled
modem/router prior to utilising the Service. For this reason, we strongly recommend
that you do not disconnect your primary standard telephone service.
3 Customer Service Guarantee Waiver
Please read the below information carefully. It contains information about rights and
protections provided under the Customer Service Guarantee that you agreed to forego in
return for the benefits of a VoIP service.
3.1 The Telecommunications (Customer Service Guarantee) Standard 2000 (No. 2) ("The CSG")
sets out rights and protections and other performance standards a customer can expect
from a telephone provider. If you would like a hardcopy, please contact our Customer
Service Centre for assistance by phoning [number] or emailing [email address].
Those rights and protections and other performance standards are:
(a) Provision of written information about;
(i) A customers rights and protections at least once every two years;
(ii) The performance standards which apply to the supply of a specified service;
(iii) The obligations of the provider under the CSG;
(iv) A customers entitlement to damages in the event of a contravention of the
performance standards; and
(v) The supply, on request for more information about the performance standards.
(b) Maximum connection timeframes;
[insert table]
(c) Maximum fault restoration timeframes;
[insert table]
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(d) Making and changing appointments;
[insert table]
(e) Compensation for failure to meet timeframes;
[insert table]
3.2 Part 5 of the CSG allows for a service provider to propose that a customer waive their
rights and protections and other performance standards to obtain a significant service
benefit.
3.3 Pursuant to Part 5 of the CSG, we propose that you waive your rights and protections
under the CSG in return for a significant service benefit.
3.4 In return for your acceptance of this proposed waiver of your rights & protections under
the CSG, we can provide the VoIP service at substantially cheaper rates than would
otherwise be charged for a Telephone Service. These substantially cheaper calls are
detailed here http://www.addicitive.net.au
3.5 By agreeing to this document you are waiving your rights and protections under the CSG so
that we may provide you with the significant service benefit of low calling rates.
3.6 By agreeing to this document you are not able to make a claim to us for compensation
where the performance standards in the CSG are not met.
3.7 Your acceptance of this proposed waiver of your rights and protections under the CSG is a
condition of us supplying you the VoIP service. This waiver will take effect seven (7) days
from the date of you agreeing to it, unless you notify us that you wish to withdraw your
waiver. If you withdraw your waiver, we cannot provide you with the service.
4 Charges and Billing
4.1 You must pay the charges for the Service set out in the Pricing Schedule and any other
charges set out in your Application in accordance with the SFOA and any applicable
provisions in the Pricing Schedule.
4.2 Using a 1414 override code to make a Local Call whilst Preselected to us will incur the toll
rates set out in the Pricing Schedule. Premium rate services and specially-tariffed services
are charged at the rates set out in the Pricing Schedule.
4.3 You should check the Pricing Schedule, to review calling costs and any additional charges
specified in your Application for all charges payable by you.
4.4 We may vary the call charges and any other charges set out in the Pricing Schedule from
time to time. We will give you not less than 30 days prior notice of such variations by one
of the methods of giving notice listed in clause 3.1 of the SFOA.
4.5 If the variation has more than a minor detrimental impact on you, you may cancel the
Service in accordance with clause 3.3 of the SFOA.
5 Bills
5.1 We will endeavour to bill you on the same day each month, being the Billing Date.
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5.2 Your itemised bill will be electronically mailed to the email address provided by you to us
from time to time. Printed paper invoices requested by you will incur a monthly fee per
invoice as set out in the Pricing Schedule.
5.3 You must pay the charges for the Service by direct debit payment from your credit card or
nominated bank account.
5.4 If you choose to provide us with your credit card details for the purposes of paying for the
Service, we may:
(a) charge all fees to your credit card on a monthly basis on the Billing Date (first bill
may include a pro-rata amount to take into account discrepancy between the Service
Commencement Date and Billing Date);
(b) disclose your credit card details to, and obtain information from, any financial
institution or credit card issuer to verify the credit card details; and
(c) take steps to verify that there is sufficient credit on your credit card account to meet
likely fees.
5.5 If a direct debit from your bank account or from your credit card is declined for any reason
we may impose a Decline Fee (as set out in the Pricing Schedule).
5.6 You must pay for all timed calls made using the Service calculated from the time of
initiation of the call to successful termination of the call. In this regard, you are responsible
for ensuring that all calls made by you or another person (whether with or without your
consent) using the Service are successfully terminated, meaning that the call is completed
and successfully disengaged.
6 Quality of Service and Faults
Within a service area, it is technically impracticable to guarantee that the Service is
available in each place within that area, or that capacity is available at all times to make
and receive calls, or that the Service is free of faults or errors.
If you become aware of any fault in the Service (for example, you are disconnected during
a call, experience a bad line call, or the Service is unavailable for use), hang up from the
call immediately and report the fault to us by telephoning or emailing a Customer Service
Representative.
6.1 We aim generally to repair faults in the Service (up to the boundary of Our Network) as
soon as practicable after you notify us of the fault. From time to time we may rely on third
parties such to repair faults to your Service. Particular timeframes for repairing faults in the
Service may be set out in the Customer Service Guarantee. If you and we are not able to
resolve your complaint to your satisfaction, you may refer your complaint to the
Telecommunications Industry Ombudsman or the ACMA.
Subject to our obligations in the Customer Service Guarantee, if we consider that you have
received poor service from us, we may, in our absolute discretion, provide a credit to you in
relation to your future use of the Services. These credits must be used by you before the
termination or expiry of the Services and will not be transferable or redeemable for cash.
6.2 In respect of the Access Line available through our Telephony Network Service, we are
reselling [provider] services and, where there is a fault, we will therefore need to inform
[provider] of the fault report and request [provider] to investigate and correct the fault.
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35 Standard Form of Agreement - Addictive
[provider] may need to contact you about the fault report and you must provide [provider]
with the assistance and access to premises it reasonably requires.
7 Cancellation And Suspension of Service
7.1 We may, without liability, immediately cancel supply of the VoIP Service to you by giving
you 21 days notice, if at any time you cease to acquire from us your Broadband Service.
7.2 You will cease to acquire:
(a) the VoIP Service:
(i) if we continue to provide the VoIP Service over the Access Line, but
responsibility for the Service is to be transferred from you to another person,
from the date on which we accept that person as a customer by implementing
the necessary changes in the Service account details; or
(ii) if we are to cease supplying the VoIP Service, from the date from which
[provider] ceases to regard us as being contractually responsible to [provider]
for the Access Line.
7.3 Our rights to suspend or terminate the Service under this clause 7, or any other clause of
this Schedule, are in addition to our rights to suspend or terminate the Service under the
SFOA.
8 Phone Numbers and Number Portability
8.1 Selection and assignment of Phone Numbers
All Phone Numbers are selected, issued and used in accordance with the
Telecommunications Numbering Plan and any numbering instruments issued pursuant to
the Telecommunications Act 1997 (Cth). In order to comply with these requirements or
with the requirements of any Regulatory Authority which administers Phone Numbers, we
may be required to vary, withdraw, suspend or reassign a Phone Number assigned to your
Access Line. We will give you as much prior notice as is reasonably practicable.
We are responsible for selecting and assigning the Phone Number for a Service unless you
port your Phone Number from your previous supplier's service.
8.2 If you are a customer who is connected to a Network other than ours and you wish to
acquire the VoIP Service, you may be able to retain your existing telephone number,
subject to availability and technical and commercial considerations.
The porting of your Phone Number will be conducted in accordance with the relevant
Communications Alliance codes. You may port your Phone Number if it is declared portable
in accordance with the porting requirements administered by the relevant Regulatory
Authority and no exemption from such obligations has been granted. If you have ported
your Phone Number from another service provider and the Service is subsequently
terminated under our SFOA or you terminate the VoIP Service without reconnecting to
another service provider, you will no longer have the right to use that Phone Number.
Similarly, if you port your Phone Number from us to another service provider and are then
disconnected you will no longer have the right to use the Phone Number.
In order to port your Phone Number to us, you must complete and sign a Porting Authority
Form (PAF). You warrant to us that all information supplied by you in the PAF is complete
and correct. You indemnify us against (and pay us for) any loss, liability, claim, damage,
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36 Standard Form of Agreement - Addictive
costs, expenses and charges reasonably incurred by us as a result of, or in connection with,
the porting of any Phone Number to us which you authorise us to port but which Phone
Number has not been validly assigned or allocated to you, or otherwise in connection with
any incorrect or incomplete information supplied by you in the PAF.
Your previous telephone provider may charge you for porting and there may be other costs
and obligations such as early termination fees payable to your previous telephone provider.
You indemnify us against all such fees and charges.
During the process of porting the Phone Number from another supplier's network to us
there may be a brief period when the Service is interrupted.
8.3 We are not liable to you for any expense or loss incurred by you due to:
(a) any variation, withdrawal, suspension or reassignment of a Phone Number under
clause 8.2; or
(b) you ceasing to have the right to use a Phone Number pursuant to clause 8.2.
9 Calling Number Display (CND) & Calling Line ID (CLI)
9.1 Calling line identification (CLI) is information that is sent through the Network when you
make a call. It allows the other party to see your telephone number if they have the right
equipment. CLI is automatically displayed by default.
9.2 You can choose whether to block transmission of CLI according to the terms and conditions
of the optional features available with your Service as noted on our Website. Please contact
us to enable this feature.
9.3 Even if you have chosen to block transmission of your CLI on your line there are some
circumstances in which your CLI will always be disclosed. You can NOT block CLI on calls
made by you or someone else on your phone line:
(a) to the emergency service numbers (eg, 000);
(b) on internet dial up calls made to an Internet Service Provider (ISP) who uses a
Telstra ISDN service or an 0198307 or 0198308 access number, but only where the
ISP uses the CLI for fraud prevention, billing, call management or credit control;
(c) on standard telephone calls made to other carriers and carriage service providers for
fraud prevention, billing, call management and credit control; or
(d) when you or someone else uses another carriage service provider by using a network
override code.
If you do not block CLI in respect of calls made from your phone, you acknowledge and
agree that when a call is made from your phone your Phone Number may be sent
automatically to the equipment of the called party and displayed on the called party's
phone.
9.4 Calling number display (CND) allows you to see the number of a person calling you before
answering if you have appropriate equipment (and the caller has not blocked the sending
of their CLI). If a party calling your phone has not blocked CLI in respect of a call made
from their equipment, and Your Equipment is capable of accepting CLI information and you
have enabled CND (refer to the Pricing Schedule for monthly service costs) the Phone
Number of the calling party may be displayed on your phone at the time the call is made.
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10 The Integrated Public Number Database (IPND)
10.1 Your Service may be supplied to you with a public number and we, like other suppliers, are
required by law to supply your name, address, Phone Number and certain other details to a
database known as the Integrated Public Number Database (IPND). This applies to all
customers including unlisted customers. The IPND is used for purposes including to publish
public number directories, provide directory assistance, operate emergency call services,
assist law enforcement agencies and safeguard national security.
10.2 If you have a silent line, your Phone Number and other unlisted service information will not
be published in public number directories or be disclosed by directory assistance, even
though it must be provided to the IPND for the other uses referred to in clause 10.1. You
must contact us if you wish to have your basic IPND data altered in any way.
10.3 The IPND is maintained by Telstra. We will not be responsible for any breach by Telstra of
its obligations in relation to the IPND, including any publication or disclosure by Telstra of
IPND data in public number directories or directory assistance contrary to any instructions
given by you.
11 Agency
11.1 While you are our customer, you appoint us as your agent to deal with your current
suppliers and [provider], with full authority to act on your behalf in relation to the Access
Line including without limitation:
(a) to require Preselection to be changed to or from us;
(b) to terminate your existing supply arrangements with a supplier (including [provider]);
(c) to request access to any of your account information held by any supplier or by
[provider]; and
(d) to receive from you, and to deal with a supplier or [provider] in respect of, any faults,
provisioning and service change requests or maintenance issues concerning the
Access Line or telecommunications services provided over that line.
12 Change of Lessee
12.1 From 11 August 2008 customers will incur a charge against basic telephone services when
a Change of Lessee is requested. Requests for a Change of Lessee will incur a charge as
defined in the Pricing Schedule.
12.2 Situations which involve a Change of Lessee on a service include:
(a) where you are accepting a transfer of an existing Basic Telephone Service from
another person;
(b) where there is a change of legal entity of the end user (including where there is a,
change of Australian Company Number (A.C.N) or Australian Business Number
(A.B.N));
(c) when a Change of Lessee request requires us to add service(s) to your existing;
(d) account or a new account in your name.
12.3 The charge will not apply where the change is as a result of any of the following;
(a) the new end user lived with the original end user, who has died;
Standard Form of Agreement - Addictive.
38 Standard Form of Agreement - Addictive
(b) the new end user lived with the original end user at the premises to which the Basic
Telephone Service is supplied, and the original end user cannot enter the premises;
(c) a Change of Lessee on Payphone lines;
(d) the transfer of a service from a carriage service provider who is re-supplying the
service to an end user, to another carriage service provider who will re-supply the
(e) service to the end user (commonly referred to as a churn of service);
(f) change of name but no change of legal entity e.g. Name changed due to marriage,
divorce and deed poll; or change of name but no change of A.C.N or A.B.N.; or
customer changes 'trading as name' but does not change legal entity.
(g) because of a restraining order.
12.4 Where the Change of Lessee request meets one of the situations outlined above in respect
of which the charge does not apply, this must be communicated to our Customer Service
team.
Standard Form of Agreement - Addictive.
39 Standard Form of Agreement - Addictive
Schedule 2 – ADSL Internet
1 Definitions and Interpretation
1.1 The definitions of the SFOA are imported into this schedule and have the same meaning
and effect except where there is a conflict, this schedule shall take precedence.
1.2 In this Schedule:
Additional User means a person (other than you) whom you nominate and authorise to
use the Service.
ADSL Modem means an approved ADSL Modem.
Asymmetric Digital Subscriber Line or ADSL means the technology that allows the
transmission of digital information at high bandwidths on twisted metallic pairs.
ADSL Line Completion means the date we notify you that your ADSL Phone Line is
upgraded to utilise the Service, as determined by us.
ADSL Phone Line means your nominated telephone line used to deliver the Service.
ADSL Pricing Plan means a pricing plan for the ADSL Service identified in the Pricing
Schedule.
Billing Month has the meaning set out in clause 9.2.
Broadband means a high-capacity communications pipeline capable of delivering a
simultaneous range of services at speeds greater than conventional Dialup.
Downtime means periods of unavailability or limited availability of Internet Access.
Early Termination Fee means a fee charged for disconnection of service within the first 6
months.
Excess Usage means Usage over and above the Monthly Usage Allowance
Excess Usage Charges means the fees payable for Usage over and above the Monthly
Usage Allowance.
Full Service Qualification means the qualifications which your ADSL Phone Line must
pass to support ADSL.
Hardware and/or Equipment means a kit containing all Required Equipment and
Software ordered by you in your Application needed to connect to the Service
High Speed means data transmission speeds which are faster than conventional Dialup, as
determined by us from time to time.
Megabyte means a unit of data storage capacity equal to 10 to the power of 6.
Modem Software means the software used and installed on a new customer's computer
during installation, as updated from time to time (including upgrades and manuals), and
which is included when you purchase an ADSL Modem from us.
Monthly Service Fees means the monthly fee due to us from you for the Service,
excluding Set-up Fees, Usage Fees and Excess Usage Charges.
Monthly Usage Allowance means the Usage that is provided per month in accordance
with the ADSL Pricing Plan selected by you in your Application.
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40 Standard Form of Agreement - Addictive
Required Equipment means:
(a) an ADSL modem;
(b) an Ethernet port/card to connect your computer to the ADSL Modem;
(c) a telephone wall socket to connect the ADSL Modem to your ADSL Phone Line;
(d) an approved filter for each telephony device; and
(e) any additional equipment that may be required for your particular computer and
telephone requirements.
Set-up Fee means a once-off initial fee for setting up the Service.
Shaping means, where your Usage exceeds the Monthly Usage Allowance in any given
billing month, the Download speed from the Internet will be slowed to the maximum speed
applicable to the Service option selected by you, as specified in the Pricing Schedule.
Software means the Modem Software and any other software we supply to you for use in
conjunction with the Service which may change from time to time, including any upgrades
and manuals.
System Requirements means the pre-requisite computer hardware and operating
systems software required for installation and customer support as specified on our support
page on our Website.
Traffic means all data that is Downloaded or Uploaded. Traffic may take the form of
emails, web requests and web data, File Transfer Protocol (FTP) and other services. If you
are connected to the internet then you are using Traffic. The Service option and/or ADSL
Pricing Plan you select will determine how your Traffic with us is calculated and billed.
Upload or Upstream means data that is outbound (i.e. outgoing from your Internet
connection)
Usage means the amount of time generated or data Downloaded by your Internet access.
Usage Charges means the fees payable for Usage of the Service.
Warranty Period means the period specified in the Pricing Schedule
1.3 Unless otherwise stated, a reference to a clause is to a clause in this Service Description.
2 About the ADSL Service Description
2.1 This is the broadband Service Description of our SFOA under which we supply Internet
access services to you.
We provide the following service options:
ADSL:
(a) Outline all plans
Cable
(b) Outline all plans
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41 Standard Form of Agreement - Addictive
3 The ADSL Service
3.1 ADSL Service is a Broadband Internet Access Service that provides access to the Internet
and related services, such as email and the world wide web, by means of Asymmetric
Digital Subscriber Line (ADSL) technology
You may also have selected in your Application features and characteristics applicable to
the Service. We will provide the Service to you based on those selections.
3.2 Service requirements and restrictions
In order to receive the Service:
(a) you must meet all of our System Requirements; and
(b) you must install, or arrange for the installation of, all the Required Equipment.
3.3 The Service is only available in locations which are ADSL enabled. Your ADSL Phone Line is
subject to a Full Service Qualification as not all telephone lines are compatible with ADSL.
3.4 The Service can only be supplied using a telephone line that is able to be connected to
[provider's] local telephone service.
3.5 You acknowledge that:
(a) you may not be able to receive the Service at your location;
(b) we do not provide technical support for Services using the ADSL Modem under the
following conditions:
(i) running internal networks connected to the Service;
(ii) running network services or providing network services to others via the
Service;
(iii) running connectivity software other than that provided with the ADSL Modem;
(iv) Windows operating systems below Windows XP; or
(v) Macintosh operating systems below v10.0.
(c) the ADSL Modem only supports a single computer connected to that modem or
router;
(d) we do not guarantee that the Modem Software or other Software will be compatible
with any network of machines you may have after the ADSL Modem;
(e) we do not guarantee Internet access through wireless access, or the compatibility of
a wireless device or connection with Your Equipment and/or network structure;
(f) some telecommunication services and products are not compatible with the Service
and may not be available to you following installation of the Service. A list of these
services and products can be found on our Website;
(g) we do not guarantee that your connection to the Internet will achieve any specific
speed specified in the Pricing Schedule at any given time as variables such as signal
strength, distance from exchange, traffic and load have an effect on the connection
speed;
(h) we do not guarantee the availability of ports or access to our [provider's] DSLAM
Network;
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42 Standard Form of Agreement - Addictive
(i) we will use due care and skill in providing the Service in accordance with the implied
warranties in clause 21.1 of the SFOA. However, given the nature of
telecommunications systems (including the Service's reliance on systems and services
not owned or controlled by us), we cannot promise that the Service will be
continuous, fault-free or accessible at all times. This does not limit your right to
obtain rebates in some circumstances, as set out in clause 21.4 of the SFOA.
(j) we will endeavour to use the fast transfer process whenever possible to facilitate the
transfer in and out of the service, however, we do not guarantee access to fast churn
and it should not be relied upon as a term of the Service.
3.6 The following restrictions apply to the use of the Service:
(a) You must be the legal lessee (account holder) of the ADSL Phone Line or, if you are
not the legal lessee of the ADSL Phone Line used to connect to the Service, you have
obtained the legal lessee's permission to connect the Service;
(b) You must be over 18 years of age to apply for the Service. Minors (under the age of
18 years) must be supervised by a parent, teacher or other responsible adult at all
times while using the Service, and we are not responsible for any Internet content
that may be viewed while using the Service.
3.7 We will provide, and you must acquire the Service, in accordance with our SFOA for at least
the Contract Term. You may cancel the Service during the Contract Term but you may be
required to pay a Break Fee as set out in the Pricing Schedule. After the end of the
Contract Term, we will continue to provide the Service until it is cancelled in accordance
with our SFOA.
4 Installing the Service
4.1 Self Installation
We will activate the Service by preparing the telephone circuits on your ADSL Phone Line
and will notify you of ADSL Line Completion via the email address provided on your
Application or via SMS to the mobile number provided on your Application.
4.2 We will deliver the hardware and or other equipment within a reasonable time after ADSL
line Completion.
4.3 You acknowledge that we may activate the Service on your ADSL Phone Line before
delivering the hardware or equipment and that there may be a minor disruption to your
standard telephone service during installation and activation of the Service.
4.4 You will install the Service at the Premises. You will be responsible for the cost of any third
party services that may be required in connection with the installation of the Service to the
Premises (eg electrician or licensed cabler).
4.5 If you notify us that your Hardware and/or equipment contains faulty components, you
must give us sufficient information to assess the kit components (including allowing us to
test your PC to evaluate its performance). If we find that the relevant component is not
faulty, we may charge you a service fee. We will tell you the amount of the service fee
before we test the hardware and equipment.
4.6 If you notify us that your Hardware and/or equipment is faulty, within warranty and needs
to be returned, you will be shipped a replacement modem and a return freight bag for the
faulty modem. If the faulty modem is not returned, with all cables and components within
Standard Form of Agreement - Addictive.
43 Standard Form of Agreement - Addictive
21 days, you will be charged the full price for the purchase of the new unit that we shipped
to you and shipping costs regarding the prepaid satchel that was sent to you.
5 Software
5.1 We may choose to provide the Modem Software and other Software to you for use with the
Service.
5.2 We grant to you a revocable, non-exclusive, non-transferable licence to use the Modem
Software and other Software subject to this clause 5 and any end user agreement provided
with the software at the time of installation.
5.3 Where we provide Software to you, you must:
(a) only use the Software (including storing, loading, installing, executing or displaying it
on a computer) in conjunction with the Service and on the number of additional PCs
corresponding to the number of any Additional Users you have requested. If you have
requested Additional Users, we will give you the number of licenses that corresponds
to the number of Additional Users requested;
(b) not copy, translate, adapt, modify, alter, decompile, disassemble, reverse engineer
the Software or create any derivative works based on the Software or merge the
Software with any other software, except as permitted under the Copyright Act 1968
(Cth);
(c) only use the Software in accordance with our reasonable directions from time to time;
(d) not sub-licence, assign, share, sell, rent, lease, supply, distribute or otherwise
transfer to any person your right to use the Software;
(e) not alter or remove any copyright or other intellectual property notifications applied
to the Software; and
(f) comply with the terms and conditions of any end user agreement provided with the
software at the time of installation.
5.4 Upon termination of the Service, any Software licences granted as part of the Service will
immediately terminate and you must return to us or destroy any copies of the Software if
we direct you to.
6 Equipment
6.1 We will provide you with the Required Equipment you order from us in your Application.
This equipment may be new or 'as new' and if the equipment is 'as new' we will disclose
this to you before delivery. Risk in the Required Equipment passes to you on delivery, and
title to the Required Equipment passes to you when we receive payment in full.
6.2 If we do not supply any or all of the Required Equipment to you, you will need to have
purchased all of (or the remainder of) the Required Equipment before we can supply the
Service to you. If you choose to supply some or all of the Required Equipment yourself for
use with the Service:
(a) any such equipment, including ADSL modem and filters, must meet the requirements
specified in the "help" section of our Website.
(b) the operation of such equipment and any repairs to it will be your responsibility.
Standard Form of Agreement - Addictive.
44 Standard Form of Agreement - Addictive
7 Telephony Devices
7.1 Where a telephony device (such as a standard telephone, fax machine, answering machine,
or dialup analogue modem) is attached to your ADSL Phone Line, you acknowledge that, in
order to receive the Service:
(a) a filter is required on each telephony device; and
(b) a central splitter must be installed on your ADSL Phone Line if:
(i) a monitored security system (back-to-base) dials out on your ADSL Phone Line;
(ii) more than three telephony devices are connected to your ADSL Phone Line;
(iii) a wall mounted telephone is connected to your ADSL Phone Line; or
(iv) a mode 3 phone socket is connected to your ADSL Phone Line.
7.2 You must install any required central splitter hardware at your own cost and you will be
responsible for the cost of any third party services that you may require in connection with
such installation.
7.3 We will supply, at no additional cost, one filter with any ADSL Modem and any router which
you purchase from us. You are responsible for the cost of any additional filters which may
be required.
7.4 You acknowledge that failure to install, or to correctly install, the filter or central splitter can
result in the Service being interrupted and/or the Service interfering with the operation of
monitored security systems or telephony devices.
8 Service Charges and Billing
8.1 You must pay the charges for the Service set out in the Pricing Schedule and any other
charges set out in your Application and in accordance with any applicable provisions in the
Pricing Schedule.
The charges for the Service will depend on the Service option and features and
characteristics for each Service option selected by you in your Application.
8.2 Some ADSL Pricing Plans have a Monthly Usage Allowance. If this applies to your selected
ADSL Pricing Plan and you exceed the Monthly Usage Allowance:
(a) your access to the Service may be Shaped in accordance with clause 9;
(b) we may bill you Excess Usage Charges for your Excess Usage; and/or
(c) if you exceed the Time Usage Allowance, we may disconnect the Service to maintain
the integrity of our Network.
8.3 We will bill you for the charges for the Service in accordance with the billing period set out
in the Pricing Schedule and selected by you in your Application, and any other terms set
out in the Pricing Schedule.
In the first and last months of the Contract Term, we will only bill you for usage charges
incurred by you during those months, up to a maximum of the Monthly Service Fee
otherwise payable for each of those months.
Your bill will be electronically mailed to the email address provided by you to us from time
to time. Printed paper invoices requested by you will incur a monthly fee as specified in the
Pricing Schedule or such other fee as notified by us to you from time to time.
Standard Form of Agreement - Addictive.
45 Standard Form of Agreement - Addictive
8.4 We may vary the charges payable for the Service at any time in accordance with clauses
3.1 to 3.6 of the SFOA.
8.5 Service charges will accrue from:
(a) the date of ADSL Line Completion, where we provide you with the Hardware and/or
equipment; or
(b) the date of ADSL Line Completion, where we have made a first delivery attempt to
provide you with the Hardware and/or equipment; or
(c) the date of ADSL Line Completion, where you supply some or all of the Required
Equipment yourself.
8.6 You must pay the charges for the Service:
(a) if you also elect to receive our Phone Service, by direct debit payment from your
credit card or nominated bank account; or
(b) if you have additional ADSL services that require payment by automatic debit on the
same account as a service that allows flexible payment options, by direct debit
payment from your credit card or nominated bank account.
(c) if you have a product that accepts flexible payment methods by credit card,
automatic direct debit, direct debit BPAY, invoice, cheque or purchase order
8.7 If payment by automatic debit is required, then you must pay the Service charges by direct
debit payment from your credit card or nominated bank account. If you choose to provide
us with your credit card details for the purposes of paying for the Service, we may:
(a) charge all fees to your credit card on a monthly basis from the applicable date;
(b) disclose your credit card details to, and obtain information from, any financial
information or credit card issuer to verify the credit card details;
(c) take steps to verify that there is sufficient credit on your credit card account to meet
likely fees; and
(d) charge any Break Fee to your credit card immediately on notice of cancellation of the
Service.
If your direct debit from your bank account payment or from your credit card is declined for
any reason we may we may impose a Decline Fee (as set out in the Pricing Schedule).
8.8 You must continue to pay the charges for the Service even if:
(a) your computer is not working;
(b) you actively cease using the Service for any reason in circumstances where the
Service is available for use;
(c) the Service is unavailable, or has limited availability, for an insignificant period due to
a Network or system outage; or
(d) the Service has been suspended.
9 Monthly Usage Allowance and Shaping
9.1 Each ADSL Pricing Plan provides a Monthly Usage Allowance that represents the maximum
Usage that can be used at High Speed during a Billing Month (regardless of the number of
days in that month).
Standard Form of Agreement - Addictive.
46 Standard Form of Agreement - Addictive
Your Usage is reset to zero each month, commencing on the date you are initially billed for
the Service ("Billing Month"). Your amount of data Usage (measured in Megabytes) applies
to Downstream data only. Upstream data Usage is not counted.
9.2 If your Usage exceeds the Monthly Usage Allowance for any given Billing Month, then your
access to the Service will be Shaped.
If your broadband plan is currently unbundled and you choose to bundle part way through
your calendar cycle or if you change to a plan with different download quotas – the quota
you have used thus far will be deducted from the On Peak and Off Peak or anytime
allocation of your new plan. This principle also applies if you are currently bundled and
choose to unbundle your broadband service.
Your Service will remain Shaped until the commencement of the next Billing Month. Any
unused Monthly Usage Allowance in any Billing month cannot be rolled over into
subsequent Billing Months.
Your Service is shaped on the period (On Peak or Off Peak) in which you've exceeded your
quota. Please refer to the Pricing Schedule for details of your quota.
9.3 We may notify you by email to your email address provided by you from time to time,
when your Usage has exceeded the Monthly Usage Allowance. We reserve the right to
monitor any additional Usage whilst access to your Service is Shaped.
An online Usage monitoring application may be provided on our Website to allow you to
view your Usage for the current Billing Month.
10 Cancellation, Suspension and Variation
10.1 Cancellation or suspension by us
We may cancel, suspend or restrict the supply of the Service to you in accordance with the
General Terms of our SFOA.
Our rights to suspend or cancel the Service under this clause 10, or any other clause of this
Schedule, are in addition to our rights to suspend or cancel the Service under the SFOA.
10.2 Cancellation or suspension by you
You may cancel the Service at any time by contacting us and verifying your identity but you
may be required to pay a Break Fee in accordance with clause 10.4.
If you cancel the Service after ADSL Line Completion but before the end of the Contract
Term, the Break Fees set out in Appendix 1 to this Service Description apply. Subject to
clause 10 of the SFOA, you authorise us to debit these payments to your credit card or
bank account within a reasonable time after receipt of a cancellation notice from you. We
will credit any fees paid in advance by you against fees payable by you for another service
supplied by us or a Related Entity to you.
ADSL services cannot be suspended as there is an on-going cost incurred by maintaining
the connection with the supplier that we will incur.
10.3 Variations
You may vary:
(a) a Service or an ADSL Pricing Plan within the [outline relevant plans] range to another
Service or ADSL Pricing Plan within that range;
Standard Form of Agreement - Addictive.
47 Standard Form of Agreement - Addictive
(b) if a Downgrade Fee applies, paying the Downgrade Fee as set out in Appendix 1; and
(c) paying the revised charges for the varied Service (if any) from the date of completion
of the variation.
We will apply any fees paid in advance by you against the fees payable for the varied
Service. All Traffic used in the previous 30 days will count towards the Monthly Usage
Allowance applicable to the varied Service for the purposes of Shaping and for determining
whether Excess Usage Charges are payable.
11 ADSL Phone and Moving Premises
11.1 You acknowledge and agree that the Service will be disconnected from your ADSL Phone
Line if:
(a) you relocate your ADSL Phone Line to a new address or phone number or different
phone number at the existing address;
(b) changes are made to your ADSL Phone Line details (e.g. change of account holder
name or change of service provider);
(c) your ADSL Phone Line is cancelled.
11.2 You acknowledge and agree that:
(a) unless we are your nominated service provider, any cancellation of your ADSL Phone
Line is a matter between yourself and your nominated service provider, and we are
not a party to this event;
(b) if you wish to have the Service reinstalled on your ADSL Phone Line, you are
responsible for having your ADSL Phone Line reconnected at your own cost.
(c) if you fail to reconnect your ADSL Phone Line within 14 days, you will be liable to pay
the Break Fees referred to in clause 9.4;
(d) if you request us to reinstall or reprovision the Service on your ADSL Phone Line, you
must pay us the reconnection fee specified in the Pricing Schedule;
(e) you must continue to pay all charges for the Service during Downtime where such
Downtime arises due to the cancellation or disconnection of, or change to, your ADSL
Phone Line other than as a result of our fault or negligence.
11.3 The Service may not be available from all locations. Accordingly, if you plan to move
premises and relocate the Service to your new address, you must make a new Application
and give us at least 30 days notice of your new address before you move.
If the Service is available at your new address:
(a) we may accept your Application and provide the Service at your new address; and
(b) we will charge you a relocation fee as specified in the Pricing Schedule.
If the Service is not available at your new address and you move before the end of the
Contract Term and:
(a) you elect to obtain an alternative service from us at your new address, we will waive
any Break Fee, but we may charge you a Downgrade Fee as specified in Appendix 1
of this Service Description if the change to an alternative service involves a reduction
in the charges payable by you, (in addition to the applicable set-up fee for the new
service, as specified in the Pricing Schedule).
Standard Form of Agreement - Addictive.
48 Standard Form of Agreement - Addictive
(b) we are unable to provide an alternative service at your new address or you elect not
to obtain an alternative service from us, then:
(i) the Service will be automatically cancelled 30 days after you notify us in
accordance with clause 11.3; and
(ii) the Break Fees will apply.
12 Customer Support and Warranty
12.1 If you experience a fault in respect of your connection to the Service, you can contact
customer support by telephoning or emailing us.
We will use reasonable endeavours to rectify the fault within 72 working hours after you
report a fault to us in accordance with this clause. However, depending on the nature of
the fault, rectification may take longer. We provide customer support for connecting the
Service to a single computer that meets the System Requirements. We will not provide
customer support for the connection of additional computers (even if you have nominated
Additional Users for the Service), networking devices or local area networks to the Service
12.2 We provide the Warranty Periods specified in the Pricing Schedule at no extra cost, with
equipment we supply to you. The Warranty Periods do not apply where you have supplied
your own modem or other equipment.
If you notify us of a fault with the ADSL modem or other Required Equipment we have
supplied to you, within their respective Warranty Periods, we will repair, replace or provide
credit for the faulty item at no cost to you. However, if the fault was caused by:
(a) any equipment not provided by us (such as your computer);
(b) any interference caused by a Force Majeure Event;
(c) any interference with or modification to this equipment or a failure to use it in
accordance with the manufacturer's specifications or our instructions; or
(d) damage caused by you,
then we will charge you a fee, as specified in the Pricing Schedule, for the repair or
replacement, including associated shipping and/or handling costs.
12.3 We are not able to provide support for software not supplied by us, including software
Downloaded from the Internet
13 Use of the Service
13.1 When using the Service you must comply with:
(a) our SFOA, including clause 7 of the SFOA, and this clause 12, and;
(b) any rules, including any acceptable use conditions, imposed by any third party whose
content or services you access using the Service or whose Network your data
traverses.
13.2 Any use of the Service at the Premises is your responsibility. The terms of our SFOA apply
to you and also to anyone else who uses the Service (regardless of whether you give them
permission to do so or not).
13.3 You must ensure that any software you use in relation to the Service is properly licensed.
Standard Form of Agreement - Addictive.
49 Standard Form of Agreement - Addictive
13.4 The use of a Local Area Network (LAN) for personal use is permitted, however the set-up
and configuration of a LAN connected to the modem is not supported by customer service.
13.5 All IP addresses provided by us for your use remain our property. Most Services include a
dynamic IP address. A new IP address is usually allocated whenever the computer and
modem is rebooted. The IP address remains until the next time the computer and modem
is switched off. You must not configure your computer or modem to connect using a
dynamic IP address. Where provided, you may configure your computer or modem to
connect using a static IP address.
13.6 We may at any time adjust aspects of the Service for security or Network management
reasons, including, without limitation:
(a) deleting transitory data that has been stored on our servers for longer than 90 days;
(b) deleting stored email messages that are older than 90 days;
(c) rejecting any incoming email messages and attachments that exceed 10 Megabytes
(including encapsulation);
(d) delivering access and content via proxy servers;
(e) limiting the number of addresses to whom an outgoing email can be sent;
(f) refusing to accept incoming email messages to mailboxes that have exceeded the
email storage limit;
(g) managing the Network to prioritise certain types of Internet traffic over others; and
(h) blocking or filtering specific Internet ports. By default the following ports are blocked
for incoming connections: blocking Port 80 (WWW), Port 25 (SMTP), Port 135 and139
(NetBIOS), Port 443 (HTTPS) and ICMP packets. The port blocking can be removed
by you through by contacting us.
13.7 You are responsible for providing any security or privacy measures for your computer
networks and any data stored on those networks or accessed through the Service. We will
not be liable to you in respect of any loss, damage, costs or expenses incurred by you in
connection with your failure to provide that security.
13.8 You may request Additional Users on the Service in accordance with the Pricing Schedule
13.9 You must take reasonable steps to ensure that others do not gain unauthorised access to
the Service through your account. We recommend that you do not disclose your password
to others and that you change your password regularly.
13.10 We may monitor use of the Service to investigate a breach (or suspected breach) of that
policy or upon the request of an authorised authority. We do not have to monitor use of
the Service, whether by you or anyone else. If we do so, we can stop the monitoring at any
time. However, we are not under any obligation to enforce any other policy that applies to
anyone using services that we provide to them.
13.11 Where you provide your own wireless computer connection device, you are responsible for
any loss caused by an unauthorised interception of the Service.
14 Your Acknowledgements
14.1 You acknowledge that:
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(a) the Service relies for its operation on content or services supplied by third parties,
who are not controlled or authorised by us and we are not responsible for
defamatory, offensive, indecent, abusive, menacing, threatening harassing or
unsolicited material accessed or received by you; and
(b) we do not exercise any control over, authorise or make any warranty regarding:
(i) your right or ability to use, access or transmit any content (whether error-free,
in time, or at all) using the Service;
(ii) the accuracy or completeness of any content which you may use, access or
transmit using the Service including any data which we may store as part of the
Service;
(iii) the consequences of you using, accessing or transmitting any content using the
Service, including any virus or other harmful software; or
(iv) any charges which a third party may impose on you in connection with your use
of the Service.
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15 Appendix 1 - Break Fees and Downgrade Fees
15.1 Break Fees are calculated in accordance with the following tables:
Downgrade Fees:
1) Moving to a plan of equal or lesser value to the current plan - $00.00
2) Moving from an old plan no longer on offer, to a current plan – NO COST
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Schedule 3 – Hosting and Domain Service
1 About The Hosting & Domains Service Description
1.1 This is the Service Description of our SFOA under which we supply Hosting and Domain
Services to you.
1.2 The Hosting & Domain Services comprises of the following Service options:
(a) Domain name registration, Web Hosting, Email Hosting
The service features for all current Service options are described in the Pricing Schedule.
2 Registration
2.1 Registration
We will register a domain name on a first come, first service basis in accordance with the
rules and policies of our chosen registrar.
We reserve the right to refuse registration, re-delegation and or hosting of any domain
name or sub-domain, which we consider to be, offensive, defamatory, illegal or otherwise
inappropriate at any time.
You agree that your personal data relating to the domain name will be listed in the public
registry for your domain name.
2.2 Availability
Your requested domain name and application details must comply with the requirements of
our chosen registrar.
We do not represent or warrant to you the availability of any domain name. You have no
rights or cause of action against us if a domain is no available or cannot be registered for
any other reason.
2.3 Re-delegation
If you request the re-delegation of your domain, your warrant that you are the legal owner
of the domain name.
2.4 Renewal
If you have registered a domain name and we host it, you are responsible for any
subsequent renewal of that domain name. We are not liable to you for any loss, cost,
liability or damage incurred by you in relation to the expiry of a domain name.
If we register, renew or re -delegate a domain name on your behalf, we will notify you of
the amount payable for such, and of the payment due date. If we do not receive payment
of that amount by the due date we reserve the right to cancel the domain name and all
other associated services.
If we register a domain name on your behalf, we will renew your domain name provided
that:
(a) the domain name is an open .au domain name (i.e any .com.au, .net.au, .org.au,
.asn.au, or .id.au domain name) where [provider] is the registrar.
(b) the domain name is a gTLD domain name (i.e any .com, .net, .org, .biz or .info
domain) where [provider] is the registrar.
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(c) The domain name is a .co.nz domain that have been registered through [provider].
If you domain name is hosted by us but does not fall into one of the categories above, then
we will not renew your domain name on your behalf. It will be your responsibility to renew
the domain name.
3 Content Ownership
3.1 You are responsible for obtaining any and all necessary licenses, consents, authorisations
and approvals to enable you to lawfully use any intellectual property rights with the service,
including without limitation, consents in respect of any proposed domain name or other
intellectual property rights being used by you.
All hosted content or data stored by you on our server is your property and responsibility.
We claim no ownership or responsibility in respect of any of your data. Accordingly you
should maintain a back-up of your own data.
4 Suspension & Cancellation
4.1 Pursuant to clause 19 of the SFOA, in the event of suspension your website may be blocked
and any information hosted on it be removed either permanently, or temporarily held
subject to the cause of suspension being remedied.
4.2 You may cancel the service without reason where no contract term exists by giving us 30
days notice.
5 Limitation Of Liability
5.1 We shall not under any circumstances, be liable or responsible for any acts or omissions
whether negligent or otherwise by any party arising out of the use of the service, including
the receipt of, or failure to receive a domain name registration by any party.
5.2 In the event we are held liable for any loss or damage whatsoever and however arising
under this service description, you agree that our maximum aggregate liability to you shall
not exceed the total amount paid by you to us for Domain name registrations and Hosting
services.
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Schedule 4 - Pricing Schedule
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Schedule 5 - Fair Use Policy

E-mail: info@addictive.net.au