Terms and Conditions
1. As a customer of Telecommunications Australia Pty Ltd, these standard terms form the basis of Telecommunications Australia's contract with you. Our contract with you also includes your application or order form, which you complete and provide to us. We may accept and rely on a facsimile copy of the application or order form as if it was an original. Our contract with you also includes our currently applicable price list. The price list may change from time to time, but we will notify you of any changes when they happen. Copies of the price list are available from us, upon request.
2. We may amend these standard terms at any time. This will vary our contract with you. When we do this we will send you a copy of the amended standard terms. The amendments we make will apply seven days after we send you a copy of them. We may interpret your ongoing use of our services after that date as constituting your acceptance of the amendments.
3. In this contract we use the terms Telecommunications Australia , we, our, and us to refer to Telecommunications Australia Pty Ltd. and you and your to refer to the person who is identified on the front of this form or as our customer. Headings in this contract do not affect their interpretation.
4. These terms are to be interpreted in accordance with the laws of Australia. Any dispute regarding the provision of our services under these terms is to be determined by the Australian courts.
Our commitment of service to you
5. Once you can connect to our network we aim to provide you with consistently reliable and good quality service. We do not guarantee that the service we provide will be perfect. When your connection is disrupted we will do our best to reinstate our service to you as soon as we can.
6. From time to time we will advise you about ways in which you can access our network.
7. Telecommunications Australia back up is available every day throughout the year. You should contact us if you need any assistance in using any of our services at any time. Service inquires can be directed to:
Between 9:00am and 5pm Monday to Friday:
Telephone: +61 3 8648 8660
Facsimile: +61 3 8648 8660
8. The service we supply to you will be supplied to you in whatever way we think is appropriate. We can choose the carriers used to provide our services and we can change the carriers at our discretion.
9. Note that we may record calls you make to us to verify information and for staff training purposes.
Your general responsibilities
10. You agree that you will:
a) pay for all goods and services we provide to you, regardless of whether it is you who uses them. Our charges quoted will normally be exclusive of GST and GST will be added to them;
b) pay each bill by the due date for payment. If you do not we may charge you interest at a rate we specify and which is equivalent to our bank overdraft interest rate plus 2% per annum on the overdue amount from the due date until payment of the relevant amount;
c) if you have a genuine dispute in relation to amounts we have charged you, pay the undisputed charges and notify us immediately you become aware of any disputed changes. If you do so you must give us full details of the reason you are disputing the charges and you must give us evidence of the grounds for your dispute. We will look into the issue and you will comply with our good faith decision on the issue
d) ensure that all of the information you give us is correct and complete;
e) that we can act on any verbal instructions you give us in relation to the services.
f) keep confidential any password or PIN number which is used by you to access our services.
g) comply with any legal requirements concerning or using our services.
h) comply with any requirements of any other carrier in relation to the use of its network;
i) make sure everyone you are responsible for also meets these responsibilities;
j) do everything necessary to enable us to use and take over responsibility for your facsimile numbers and e-mail addresses to the extent this is necessary or desirable to enable us to provide our service to you;
k) provide reasonable access for our employees and contractors and representatives authorised by us or any other carrier to carry out any work required for the commencement, operation and continuance of our service to you, and the maintenance of our network or the network of any other carrier. We will normally carry out this work by appointment and during normal working hours. If we ask to perform the work at any other time you are not obliged to provide us with the access we require;
l) if required by us, pay us a bond or provide us with other comfort of your ability to pay our charges. If you pay us a bond it will not accrue interest and we will repay it to you when our contract ends, provided you have paid us everything you owe us at that time.
Suspension or disconnection
11. If you do not meet any of your responsibilities under this contract we may suspend or disconnect you from our network. We may also discontinue any other service we provide to you. In that situation we may also terminate our contract with you.
12. We may also suspend or disconnect you from our network if a carrier suspends or interrupts its service to us and that suspension or interruption affects our ability to provide our services to you.
13. We may also suspend or restrict a service in an emergency or whenever we, another carrier, or any other appropriate person considers that step necessary or reasonable to protect persons, systems or other property.
14. If you are suspended or disconnected from our network for failing to meet any of your responsibilities under this contract you may have to pay a recommencement fee before you can use our network again.
15. Usually the normal charge, as outlined in our price list, will continue to apply during your suspension or disconnection from our network.
Compensation and liability
16. If our service fails to operate for any reason and you use a service provided by another carrier, we will not be responsible for that carriers service charges.
17. We also exclude all other liability we may have to you for acts or omissions by us, our directors, employees, agents representatives, and contractors. This includes both direct and indirect losses, including loss of profits, loss of revenue and loss of any opportunity.
18. To the extent permitted by law none of the persons referred to in the preceding paragraph are liable to you or has to pay you for anything else caused by or resulting from anything any of them does or does not do, or delays in doing, whether or not it is contemplated or authorised by these standard terms.
19. This exclusion of liability applies whether or not our contract with you has ended and regardless of the type of damage you suffer or howsoever it was caused.
Limitation of Liability
20. To the extent permitted by law, Telecommunictaions Australia disclaims all conditions and warranties, express or implied, in respect of the Service. If any condition, or warranty is to be implied in these terms and conditions pursuant to any legislation (including, without limitation, the Trade Practices Act, 1974) and legislation avoids, or prohibits provisions in a contract excluding, or modifying the application of, exercise of, or liability under, such condition or warranty. Such condition or warranty is deemed to be included in these terms and conditions, provided that the liability of Telecommunictaions Australia for breach of condition or warranty shall, if the legislation permits, be limited, at the sole discretion of Telecommunictaions Australia, to:
1. The re-supply of services: or
2. The cost of the re-supply of services and otherwise shall be limited to the maximum extent permitted by the legislation.
21. You agree, for the purposes of this contract and the performance of our obligations to you. The information we collect about you may be obtained from you and others. We may obtain information about you when the services offered to you are used, either by you or anyone else.
22. You may decide not to provide any information sought from you. If you do not provide it then we may not be able to provide our service to you.
23. We may use the information we hold about you and may exchange information about you with our contractors, agents and representatives, with other carriers, and with credit reporting and debt collection agencies for the purposes of our business.
24. All information held by us will be held at our Head Office located at 41 Grampian Road, St Heliers, Auckland, New Zealand. You may obtain access to, and correct any information held by us.
25. We will allocate telephone and other identification numbers for you to use depending on the kinds of services you want. Wherever possible, you will be able to choose from a range of available numbers. The numbers always remain our property. You cannot sell or give them to anyone else.
26. If we need to change your number we will give you as much notice of the change as we can.
27. Other terms may apply to some of the services provided by us to you. We will tell you about the terms that apply in those circumstances.
Invoices and notices
28. We will deliver our invoices and any other notices to the most recent address that you have given us. We may assume that any such invoice or notice has been delivered five days after we have posted it or twenty four hours after it has been sent by facsimile or e-mail. Please ensure that you inform us when you change your address.
29. Messaging products will be invoiced monthly. Fixed charges are payable in advance. Usage based charges (fax transactions, TXT transactions, tolls calls etc.) are payable in arrears.
30. Product purchases will be invoiced at the time of supply.
Product returns and refunds
31. With regard to product purchases; refunds will be given at the discretion of the Company Management.
Assignment and delegation
32. We may assign or transfer our rights and responsibilities under this contract to someone else. We will give you written notice in advance if we intend to do this.
33. We may also subcontract the performance of any of our responsibilities under this contract to anyone else.
34. You may not assign or transfer any of your rights or responsibilities under this contract to anyone else without our prior written consent.
Terms separately binding
35. If, for any reason, any provisions of this contract cannot be enforced or relied on by either of us, all other terms of our contract with you remain binding.
36. If you do not pay any of the invoices we send to you or you otherwise fail to meet your responsibilities to us we may end our contract with you. We may also end our contract by giving you one month's written notice. Ending the contract between us in this way shall not release you from any outstanding obligations or responsibilities you owe to us.
37. If you want to end the contract between us please write to us at PO Box 25-580, St Heliers, Auckland, New Zealand. Our agreement will end and all charges will cease 30 days after you give us notice that you wish to end this contract provided you have paid us in full all outstanding amounts due to us.
38. If for any reason we delay in exercising our rights that will not mean we have waived or given up our right.