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Terms and Conditions
Standard Form of Agreement
We, Ecotel (ABN 87204013042), will provide you, our
Customer, with Services in accordance with these terms
and conditions, the applicable charges notified to you
from time to time and the Ecotel Full Service
Application (the "Application") (collectively, the
"Agreement").
1. PROVISION OF SERVICES
1.1 Services: We will provide you with the
telecommunications services nominated, or assumed to be
nominated, by you on the Application and other services
we may agree to provide to you from time to time
("Services") on the terms of this Agreement. If you fail
to nominate telecommunication services on the
Application, you acknowledge that we will assume you
wish to select Ecotel as your default carrier for local,
national and international long distance calls and calls
to mobile services. Services will only be provided if
you are either a residential customer, a small to medium
business customer or a corporate customer.
1.2 Provision of Services: We will provide you with the
Services for all your local, national and international
long distance calls and calls to mobile services (as
applicable) unless you dial another override code for
local, long distance, international calls or calls to
mobile services (as applicable) on a call by call basis.
We will provide the Services using our facilities and
services or those of other carriers, telecommunications
service providers or equipment suppliers ("Supplier").
1.3 Variations: Without notice to you we may change a
Supplier or its products or vary our charges from time
to time. We may otherwise vary these terms on 30 days
written notice to you.
2. CHARGES FOR SERVICES
2.1 Invoicing: We will bill you monthly for the Services
in accordance with our current charges as notified to
you from time to time. We may vary invoice frequency at
our discretion.
2.2 Method of Billing: Unless otherwise expressly stated
in this Agreement, we will generally bill you in advance
for periodic charges, connection and service fees (where
applicable) and in arrears for usage charges, although
this may vary in certain cases. We will endeavour to
bill you within the next normal billing period for
charges billed in arrears, but we reserve the right to
bill you for those charges in later billing periods. As
per 8.2.2 of ACIF CS42 - Industry Code - Billing, we
will not bill charges older than 190 days from the date
the charge was incurred by the customer.
2.3 Time for Payment: All charges must be paid by the
due date shown on the invoice. All overdue payments will
incur a fee as advised on your next invoice.
2.4 When available, we may debit amounts directly from
your nominated bank or credit card account as they
become owing where you have chosen that method of
payment. In any event, if you have provided your bank
account or credit card details, where amounts remain
outstanding after 30 days we may debit those amounts
from your nominated bank or credit card account without
further notice unless we have received written notice
from you of a bone fide dispute of those amounts. If a
direct debit fails or is rejected, we reserve the right
to pass on any charges that we may incur due to the
failure or rejection.
2.5 Our charges to you; we may pass on any charges
another Supplier charges to us (including increases and
special or one-off charges) without notice to you.
2.6 Other Charges: You will pay us in accordance with
clause 2.5 any charge which any other Supplier or other
person renders to us:
(a) if you approach that other Supplier or person
directly, or otherwise than through us; or
(b) for connection or initiation of any Service or for
cancellation of any Service.
2.7 Billing from other Suppliers: If you use an override
code to access services offered by another Supplier, you
will be billed by that Supplier for charges you incur
unless we have a separate arrangement in place for the
Supplier to charge us directly, in which case we will
pass on the charges to you in accordance with clause
2.5.
2.8 Interest: We reserve the right to charge interest on
any part of the charges not paid to us by the due date.
Interest, calculated daily, will be charged from the due
date until payment at a rate of 5% above our prime
lenders overdraft rate published on the first working
day of each calendar month.
2.9 Suspension: We reserve the right to suspend
provision of Services to you, where charges owing to us
or any amount owing under this clause remain outstanding
after 30 days, unless we have received written notice
from you of a bona fide dispute of those charges. If we
suspend or terminate the Services for unpaid charges or
any other reason, subsequent reconnection may incur a
reconnection fee.
2.10 Barring: We reserve the right to bar provision of
Services to you, where charges remain outstanding past
the due date as stated on your invoice, your unbilled
calls exceed your credit limit with us, or we become
aware of unusual calling patterns.
2.11 Unclaimed amounts: In the event that your account
is terminated and monies are owed to you by us, we will
notify you of these amounts. In the event you do not
claim those monies within 3 months of being notified we
will retain the money and you agree that you will have
no further claim in relation to those monies.
2.12 Costs incurred in Recovery of Overdue Amounts: If
we incur costs in recovering overdue amounts from you,
including (without limitation) mercantile agents' costs,
disconnection of services costs, costs incurred in
commencing legal action such as service fees and search
fees, we reserve the right to recover all these amounts
from you in addition to the overdue amounts.
2.13 Dishonoured cheques: Ecotel reserves the right to
terminate the Agreement without notice to you in the
event:
(a) you have not paid amounts owing to us in accordance
with this clause; and
(b) a cheque provided by you in payment of that invoice
is dishonoured without a valid explanation being
provided by you. We will also charge you a dishonour fee
if a cheque used to pay a bill is dishonoured.
2.14 Security Bond: We may require you to lodge a
security bond as a condition of us providing Services to
you. You authorise us to deduct from that bond any
amounts remaining owing to us 30 days after the date of
an invoice. If you have paid all of our invoices on time
for 12 consecutive months, we may either refund the bond
or credit it to your account. The amount of the security
bond will be no greater than the credit limit described
in clause 2.15.
2.15 Credit Limit: We may from time to time set a credit
limit for the provision of the Services to you. You will
be notified of this credit limit and any variation
thereof.
2.16 GST: Unless expressly stated otherwise, the charges
payable for the Services under this Agreement are
inclusive of GST. Where the charges are expressed to be
exclusive of GST, the Customer must pay to Ecotel in
addition to the charges for the Services, an amount
equal to any GST payable on the supply of the Services.
That additional amount is payable at the same time as
any part of the charges for the Services is payable.
Ecotel will issue a tax invoice to the Customer for the
supply of those Services at or before that time.
2.17 Bill postage: If you
wish for your bill and any other news to be sent to you
via Australia Post, then you will be charged a $2.50 fee
per bill for a standard bill.
3 PERIOD OF AGREEMENT
3.1 Commencement of Agreement: This Agreement starts
when you sign the Application, complete a voice
recording, or when you first access our Services after
receipt of these terms and conditions and continues
until terminated.
3.2 Commencement of Services: The provision of Services
commences when your accounts are transferred from your
current Supplier to us and upon completion of
installation of any necessary equipment and any other
arrangements with another Supplier for the provision of
the Services have been completed.
4 TRANSFER OF SERVICES TO US
4.1 Changing your current arrangements: If in providing
the Services, we need to change your arrangements with
your current Supplier, then we will do so in accordance
with this clause.
4.2 Transfer to us: By signing this Agreement you:
(a) authorise us to sign on your behalf and in your name
forms of authority to your current Supplier to transfer
your accounts into our name; and
(b) authorise your current Supplier of
telecommunications services to transfer to us all
telecommunications services relating to the telephone
numbers transferred to us; and
(c) will remain responsible for all amounts owing to
your current Supplier of telecommunications services for
any services they supply, or have supplied, to you.
4.3 Credits: If your current Supplier credits us with
any amount concerning services provided before the date
of transfer, we will credit that amount to your account.
4.4 Charges for Transferred Services: If your current
Supplier raises a proper charge relating to a service it
provided to you before the commencement of Services
under clause 3.2, we will advise you accordingly, and
you must pay your current Supplier that amount. If you
dispute the amount claimed, you must notify us in
writing.
4.5 Indemnity: We will not accept any liability for any
amounts owing by you to your current Supplier for
services which your current Supplier provided to you
prior to the commencement of Services under clause 3.2.
You must indemnify us against any claims made by your
current Supplier to us in relation to any such amounts.
5 TRANSFER OF SERVICES FROM US TO ANOTHER SUPPLIER
5.1 Transfer: If in the future you ask us to transfer
any of the Services to another Supplier, then you remain
responsible to us for amounts payable prior to the
transfer, and you will immediately pay us that amount on
receipt of our invoice.
5.1(a) Early Termination: If you chose to transfer your
services to another supplier, you remain responsible for
the payment of any unpaid goods and early termination
fee’s.
5.2 If after the transfer you elect to use any of our
Services by the use of an override code, you agree to
pay us for any charges incurred for those Services.
5.3 Termination of Services: The provision of Services
ceases when we transfer those accounts to another
Supplier.
5.4 Billing: We will endeavour to bill you for those
Services within the next normal billing period but we
reserve the right to issue subsequent invoices in
relation to unbilled fees and charges.
5.5 Dispute: If we become aware of other proper charges
(including fees payable to any other Supplier) for those
Services up to the date of transfer, or we resolve any
dispute so that any liability of ours relating to those
Services is quantified, then you will immediately pay us
all such amounts on receipt of our invoice.
5.6 Credits: We will credit you with any amount credited
to us by another Supplier for those Services provided up
to the date of transfer.
5.7 Early termination
charges will be charged. For all non-contracted
Telephone services incl. Inbound, Mobile and Internet
Services, should the customer(s) churn/port away from or
discontinue to be a customer of Ecotel within the first
6 months; a $100.00 fee will be charged to their last
bill/invoice, if within 12 months (and after 6 months):
a $50.00 fee will be charged to the customer, internet
disconnections will incur a $70.00 cancellation fee
within the first 12 months.
6 PERSONAL INFORMATION
6.1 We may collect personal information about you ("your
personal information")
6.2 You acknowledge and agree that:
(a) we may collect your personal information from you or
(subject to the requirements of Part IIIA of the Privacy
Act) from a credit provider or credit reporting agency.
If we do not collect your personal information we may
not be able to provide the Services to you
(b) we may use your personal information:
(i) to assess any application by you for credit or
commercial credit to be provided by us;
(ii) to collect payments that are overdue in respect of
any credit or commercial credit provided by us;
(iii) to provide the Services to you (including the
investigation or resolution of disputes relating to any
Services provided to you) and to provide credit or
commercial credit to you in respect of the Services;
(iv) as otherwise authorised or required by law.
(c) at any time, we may disclose your personal
information to a credit reporting agency:
(i) to obtain a consumer credit or a commercial credit
report about you;
(ii) to allow the credit reporting agency to create or
maintain a credit information file containing
information about you.
The information we disclose to a credit reporting agency
will be limited to identity particulars about you, the
fact that you have applied for credit and the amount,
the fact that we are a current credit provider to you,
loan repayments that are more than 60 days overdue and
for which debt collection action has started,
information 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), and cheques drawn by you for $100 or more
which have been dishonoured more than once
(d) we may also disclose your personal information to:
(i) other credit providers named in a consumer credit
report we obtain from a credit reporting agency about
you for the purposes of:
(A) assessing any application by you for credit or
commercial credit or your credit worthiness;
(B) notifying other credit providers of a default by
you; and
(C) exchanging information with other credit providers
as to the status of any credit or commercial credit
provided by us where you are in default with those other
credit providers;
(ii) other Suppliers for the purpose of enabling us to
provide the Services to you (including the investigation
and resolution of disputes or complaints concerning the
provision of the Services);
(iii) government agencies or individuals appointed by a
government (including the Telecommunications Industry
Ombudsman and Australian Communications Authority)
responsible for the investigation and resolution of
disputes or complaints concerning your use of the
Services for the purpose of enabling investigation and
resolution of those disputes or complaints;
(iv) government agencies or individuals appointed by a
government (including the Telecommunications Industry
Ombudsman and Australian Communications Authority)
responsible for the investigation and resolution of
disputes or complaints concerning your use of the
Services for the purpose of enabling investigation and
resolution of those disputes or complaints;
(v) other entities with whom we have established or will
establish an affinity program to enable you to
participate in the affinity program;
(vi) other entities who provide services to us related
to the provision of the Services to you (including SMS,
a mail house and resellers (or contractors engaged by
resellers) to enable them to provide those services to
us or administer payment arrangements in connection with
those services.
6.3 If required by law, we will provide you with access
to your personal information that we have in our
possession upon request.
6.4 If you change your address or other billing contact
details, you must notify us within 14 days.
7 YOUR COMPLIANCE
7.1 Compliance: You will ensure that you comply at all
times with all laws and obligations, including license
conditions, applicable to the Services and their use.
7.2 You will not use the Service to transmit or publish
any material which is defamatory of any person, or any
material in breach of copyright or any obligations of
confidentiality, or otherwise in breach of any law, and
you will indemnify us for any loss or expense we suffer
as a result of you doing so.
8 EQUIPMENT SUPPLIED TO YOU
8.1 Maintenance: You are responsible for maintaining any
equipment supplied by us or a Supplier. You indemnify us
or the Supplier against any loss or damage to the
equipment unless it is due to fair wear and tear.
8.2 Interference: You will ensure that any equipment
supplied to you, facilities and connections used in
providing the Services, are not altered, maintained,
repaired or connected to or disconnected from any power
source or line except by a person approved by us.
8.3 Access: We, or a person approved by us, may require
access to your premises from time to time in connection
with the provision and maintenance of equipment or
Services. If you do not own the premises, you must
obtain the owner's permission for access and warrant to
us that you have such permission. You indemnify us, or
any serviceman approved by us, against a claim by the
owner of the premises in relation to such entry on the
premises. If you do not provide access as we reasonably
request, we may limit, suspend or cancel the Services.
8.4 Return: On the termination of this Agreement for any
reason, you must return any equipment to us or the
relevant Supplier, or make it available for collection,
in accordance with our instructions. If you fail to
return the equipment or make it available for
collection:
(a) if the equipment is ours, we may recover the value
of the equipment, and the cost of recovering the
equipment, from you as a debt due; or
(b) if the equipment is a Supplier's, you must indemnify
us against any claims made by the Supplier in relation
to the equipment
9 TERMINATION
9.1 Termination: Either of us may terminate the
Agreement by giving 30 days written notice to the other.
9.2 Immediate Termination: We may terminate this
Agreement immediately:
(a) you have breached this Agreement;
(b) a provisional liquidator, liquidator, receiver or
receiver and manager or any other administrator of your
business or assets is appointed or if you enter into any
composition with your creditors; or
(c) you change your address or billing contract details
without notifying us in accordance with clause 6.4
9.3 You remain liable for all charges payable under the
Agreement in respect of Services up to the time of
termination.
9.4 If the Customer is an individual, in the event of
the Customer's death, Ecotel reserves the right to
terminate this Agreement without notice as soon as
Ecotel becomes aware of the Customer's death. All
outstanding charges under this Agreement must be paid by
the Customer's estate.
10 LIMITATION OF LIABILITY
10.1 Performance: Because the performance of some
Services may be affected by your levels of use, the
levels of use of other users and of facilities related
to providing the Services, we do not warrant that
Services will be free of blockages, delays or faults of
this kind and we will not be responsible for any loss or
damage which may result.
10.2 Warranties: Except as provided in clause 10.1 and
as required by law, and subject to clause 10.3, all
terms, conditions, warranties, undertakings, inducements
and representations, whether express or implied,
statutory or otherwise, relating to the provision by us
of the Services are excluded, and we will not be under
any other liability in respect of any loss or damage
(including consequential loss or damage) however caused
(whether by negligence or otherwise) which may be
suffered or incurred or which may arise directly or
indirectly in respect of the Services.
10.3 Limitation of Liability: Our liability for any
breach of any term, condition, warranty or under any
remedy implied by law (which cannot be excluded), will
be limited at our option to the repair or re-supply of
equipment or Services or the payment of the cost of
having the equipment or Services re-supplied.
10.4 No Liability: We have no liability to you or to any
other person for:-
(a) acts or defaults of other Suppliers;
(b) faults or defects in Services which are caused to
any material extent by your own conduct or misuse; or
(c) faults or defects that arise in telecommunication
services not provided under this Agreement (even if they
are connected, with our consent, to Services which we
have arranged under this Agreement) which are due to
incompatibility with the Services.
11 CONFIDENTIALITY
11.1 We retain all intellectual property rights in any
information relating to the Services, the design or
operation of our network and other technical information
relating to the provision of the Services ("Confidential
Information").
11.2 You will keep the Confidential Information
confidential, and will not allow any written or
electronically recorded material to be copied.
11.3 On the termination of this Agreement for any
reason, you will return all Confidential Information to
us. If you have destroyed these, or any of them, then
you will give us a written declaration accordingly.
11.4 You will keep confidential the manner in which we
arrange Services under this Agreement, including our
charges and discounts, and other financial information.
11.5 You will not use information which you acquire from
us for any purpose unauthorised in writing by us or in
any manner which may cause us loss, whether by way of
damage to our reputation, financial loss or otherwise.
12 FORCE MAJEURE
12.1 Subject to clause 14.7, we are not liable for:
(a) any delay in installing any Service,
(b) any delay in correcting any fault in any Service,
(c) failure or incorrect operation of any Service, or
(d) any other delay or default in performance under this
Agreement,
if it is caused by any event reasonably beyond our
control, including but not limited to war, accident, act
of God, industrial action, embargo, delay or failure or
default by any other Supplier.
13 ASSIGNMENT
13.1 You will not assign, charge or otherwise deal with
your rights under this Agreement except with our prior
written consent.
13.2 We may, on 30 days' written notice, assign all our
rights and obligations under this Agreement.
14 GENERAL
14.1 Information: We may give to and receive from other
Supplier's information about your account, including
particulars of calls and call charges.
14.2 Governing law: Agreement is governed by the laws of
Victoria.
14.3 Entire Agreement: This Agreement contains the whole
understanding between us to the exclusion of any prior
or collateral Agreement or understanding of any kind
relating to the Services.
14.4 No reliance: You acknowledge that you enter into
this Agreement 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 Agreement.
14.5 Release: You accordingly release us and each of our
officers, agents and advisers from all claims, suits and
demands of every kind (including negligence) arising
from the relationship of the parties concerning this
Agreement before it was signed, and from the
negotiations leading to it.
14.6 Waiver: The failure by either party to exercise any
right or remedy under this Agreement in a timely manner
does not constitute acceptance of the matter which gave
rise to the right or remedy, nor that party's waiver of
such right or remedy.
14.7 Customer Service Guarantee: To the extent
applicable, the Customer Service Guarantee applies to
the provision of Services under this Agreement.
14.8 Standard Form of Agreement: These terms and
conditions have been formulated under section 479 of the
Telecommunications Act of the Australian Communications
Authority and will be referred to as the Ecotel Standard
Form of Agreement.
Last updated:
Monday, 20. April 2009
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