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Definitions:<\/b> <\/span><\/p>\n Annexure A \u2013 General Terms & Conditions<\/b><\/p>\n Access Period<\/b> <\/p>\n Use of Services<\/b> <\/span><\/p>\n Charges<\/b><\/p>\n <\/b><\/p>\n 4.1 Unless otherwise stated, charges include all money payable by the Customer for installation and supply of our service, monthly or other periodic service and usage fees, excess usage fees (not applicable to unlimited connections) and costs of supply of equipment to the Customer.<\/span> 4.10 The customer shall be liable to pay us all costs and expenses (including legal costs) incurred by us in claiming payments due under this agreement.<\/span> <\/span><\/p>\n Invoicing and Billing<\/b> 6.4.1 Assessment of the Customer\u2019s creditworthiness; or<\/span> 9.5 The service and maintenance terms in this clause will not apply if the Equipment is faulty as a result of:<\/span>
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<\/span>Acceptable use policy<\/b>\u00a0means the terms and conditions governing the use of the services of Teletech Communications Pty Ltd.<\/span>
<\/span>Access Period<\/b>\u00a0means an agreed renewable period of time paid for in advance.<\/span>
<\/span>Application for service<\/b>\u00a0means Customer\u2019s application, setting out the description of the service required by the Customers.<\/span>
<\/span>Agreement<\/b>\u00a0means the Agreement between Teletech Communications Pty Ltd as provider and the Customer as end user of our Services.<\/span>
<\/span>Carrier<\/b>\u00a0means a carrier as defined in the Telecommunications Act 1997.<\/span>
<\/span>Charges<\/b>\u00a0means all money payable by the Customer to Teletech Communications Pty Ltd for services provided.<\/span>
<\/span>Confidential Information<\/b>\u00a0includes information and all other knowledge with respect to Teletech Communications Pty Ltd, its products, services and the terms of this agreement (including prices and charges), or information considered by us as confidential regardless of its form, or which by its nature is considered confidential, but excludes information that is in the public domain.<\/span>
<\/span>Customer means<\/b>\u00a0the person or corporation applying to us and accepted by us as user of our services.<\/span>
<\/span>Customer Premises<\/b>\u00a0means the premises to which our services are to be connected for the use of the Customer.<\/span>
<\/span>GST<\/b>\u00a0means the goods and services tax levied or imposed by the Commonwealth of Australia under A New Tax System (Goods and Services Tax) Act 1999.<\/span>
<\/span>Minimum Period<\/b>\u00a0means the minimum term of this Agreement specified in the Application for Service or in the relevant price list.<\/span>
<\/span>Rate Card<\/b>\u00a0means the list of fees for standard services as posted on our website.<\/span>
<\/span>Service Access Line<\/b>\u00a0means the dedicated access line between our premises and the Customer Premises or between two or more Customer Premises as approved by us for use in connection with our services.<\/span>
<\/span>Service<\/b>\u00a0means services supplied by Teletech Communications Pty Ltd to Customers including the installation, supply and maintenance of those services and associated equipment.<\/span>
<\/span>We<\/b> mean Teletech Communications Pty Ltd and the words Teletech Communications, us and our have the corresponding meaning referring to Teletech Communications PTY Ltd.<\/span><\/p>\n
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<\/span>1.1 You agree to subscribe to our services for either a Fixed Term as specified in the Service Agreement or a Monthly Term.<\/span>
<\/span>1.2 We shall provide the Service to the Customer from the commencement date for the duration of the access period.<\/span>
<\/span>1.3 On expiry of the term the services may be renewed for subsequent Terms of similar duration to the Initial Term, subject to approval by us or carrying over on a monthly basis.\u00a0We will provide these continuing services on the terms and conditions set out in this Agreement.<\/span>
<\/span>1.4 Renewal of this agreement for a subsequent period may involve an adjustment to the charges as a condition of Teletech Communications providing its consent to renewal.<\/span>
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<\/span>Provision of Services<\/b>
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<\/span>2.1 We shall provide the services on a continuous basis and shall inform the Customer if the service is unavailable for access due to maintenance or any other factor.<\/span>
<\/span>2.2 We shall provide the client with all identification and login information required for connection to the service.<\/span>
<\/span>2.3 Teletech Communications will provide a help desk: The help desk can be contacted by telephone on 02 9209 4900, at the times published on our website;<\/span>
<\/span>2.3.1 The help desk can be contacted by email at support@Teletech Communications.com.au;<\/span>
<\/span>2.3.2 The help desk support is limited to assisting you to gain or regain access to services supplied by Teletech Communications;<\/span>
<\/span>2.3.3 The help desk excludes support for applications installed on your computer including, but not limited to, virus protection and firewall software.<\/span>
<\/span>2.4 We shall use reasonable efforts to rectify any problems as soon as possible.<\/span>
<\/span>2.5 If you report a fault, and we find there is no fault or the fault was not caused by us, we may charge you for any work we have done to try to find the fault or repair it in accordance with the rates set out in the Teletech Communications pricing.<\/span>
<\/span>2.6 We have the right, without liability, to suspend the provision of the Services to the customer, if:<\/span>
<\/span>2.6.1 The customer is in default of any payment or obligation under this Agreement;<\/span>
<\/span>2.6.2 We are required to perform maintenance or other service work in connection with the Service Access Line or its network or systems;<\/span>
<\/span>2.6.3 We are required to comply with any requirement of any government or semi-government organisation or in any emergency.<\/span>
<\/span>2.7 If we suspend the provision of services pursuant to Clause 4.6.3, we shall give to the Customer a pro rata rebate of the monthly service fee for the period of suspension.<\/span>
<\/span>2.8 Our Service is provided without warranty that it is continuous or fault-free.\u00a0 Subject to the Law and this Agreement, we shall not be held liable for any loss or disappointment you may suffer as a result of any faults or interruptions to our Service.<\/span>
<\/span>2.9 Our liability for failure to supply the services under this agreement is limited to re-supplying or paying for the re-supply of the services or materials at our discretion.<\/span>
<\/span>2.10 We shall not be liable for any consequential loss or damage to any nature that the Customer might suffer in the use of services, however caused.<\/span><\/p>\n
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<\/span>3.1 Throughout the access period, the Customer shall comply with the provisions of these Terms and Conditions, our Acceptable Use Policy and our Service Level and Mutual Obligations Policy.<\/span>
<\/span>3.2 The Customer acknowledges that we do not in any way supervise, edit or control the content or form of any information or data accessed through the service and that we shall not be held responsible in any way for any content or information accessed via the Service.<\/span>
<\/span>3.3 We disclaim any or all liability for any material on the Internet that the Customer finds offensive, upsetting, defamatory, and personally offensive and in any way unsuitable for people under the age of eighteen (18) years.<\/span>
<\/span>3.4 The Customer is responsible for preparing and maintaining sufficient back up of his electronic information, files and data storage capacity including electronic messages.<\/span>
<\/span>3.5 The Customer is responsible for maintaining the secrecy and confidentiality of all access information required by the Customer to access our services, and you agree not to disclose to any other person, corporation, entity or organisation any access information, whether in use or not.<\/span>
<\/span>3.6 The Customer must notify us immediately if their username and password are lost, or the Customer thinks someone else is using them.\u00a0 The Customer will be liable for all fees resulting from use of our services accessed through their access information, whether authorised by them or not.<\/span>
<\/span>3.7 The Customer agrees to keep confidential any confidential information acquired from us under this Agreement or in the use of our services.<\/span>
<\/span>3.8 Training in the use of our services is not included in our rates, but it can be provided for an additional fee.<\/span><\/p>\n
<\/span>4.2 The Customer must pay all charges in advance of connection or renewal of the access period.<\/span>
<\/span>4.3 <\/span>Service fees includes: The first month’s plan charges and the $45.00 activation fee are nonrefundable.
<\/span>4.3.1 During the minimum period, the price or relevant tariff plan specified in the application for service;<\/span>
<\/span>4.3.2 After the minimum period, at our then current published rates for the service.<\/span>
<\/span>4.4 The Customer is liable for all fees resulting from use of the service accessed through the Customer\u2019s identification or login information, whether or not authorised by the Customer.\u00a0 An invoice served by us shall be deemed to be correct and prima facie evidence of all connection, access, usage and other fees contained therein.<\/span>
<\/span>4.5 A charge may apply for posted invoices, accounts not paid by direct payment, if you request a change to your account or if you ask for historical account information. We will inform you of the charge prior to it being applied.<\/span>
<\/span>4.6 The Customer must pay all fees and charges within 14 days of the date of invoice.\u00a0 Failure to do so will result in your services being disabled.<\/span>
<\/span>4.7 A re-establishment fee equal to the original establishment fees will be charged to re-enable the required services.<\/span>
<\/span>4.8 Copies of mail, logs, data, backups and code source will not be provided if the services are disabled.<\/span>
<\/span>4.9 We have the right to charge interest on any charges not paid by the due date at a rate equal to 3% above the Bank’s Corporate Overdraft Reference Rate or such other comparable rate chosen by us.\u00a0<\/span><\/p>\n
<\/span>4.11 We may withdraw any discounts that you receive from us in connection with the supply of the services if you fail to pay our invoice by the due date.<\/span>
<\/span>4.12 All charges include GST levied or imposed by the Australian Government at the rate current at the date of the Agreement. If the GST rate is changed by the Law, or other consumer taxes are imposed on the supply of the services by the Law, the parties agree that the price in this agreement shall be adjusted to reflect the changes according to the Law.
4.13 You are responsible for ensuring there is sufficient funds\/credit available in your nominated credit card or direct debit account at any time we debit the account. You must pay dishonour fees and any other charges, expenses or losses resulting from our attempting unsuccessfully to debit the credit card or direct debit account unless the failure was due to a clear error on our part. Direct Debit and Credit rejections incur a $10.00 inc GST charge
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<\/span>5.1 We shall invoice the customer monthly or at different intervals at our discretion, showing particulars of fees and charges.<\/span>
<\/span>5.2 We shall bill the customer in advance for installation, equipment, maintenance and access charges and for usage or data consumption in arrears.<\/span>
<\/span>5.3 We may apply the whole or any part of money paid in advance by the customer towards payment of any service rendered to the customer that remains not invoiced or unpaid.<\/span>
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<\/span>Credit Checks<\/b>
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<\/span>6.1 For the purpose of processing the Customer\u2019s application, establishing the Customer\u2019s account and the ongoing credit management of the Customer\u2019s account, we may need to disclose to a credit-reporting agency, personal and business information relating to the Customer which is in our possession. The Customer hereby consents to any such disclosure.<\/span>
<\/span>6.2 The Customer consents and permits us to receive from any credit-reporting agency personal and business information that we require to assess the suitability of the Customer to receive our services or to enable us to claim money owed to us by the Customer.<\/span>
<\/span>6.3 The Customer agrees that we may obtain from any person or body carrying on the business involving the provision of information about the commercial creditworthiness of persons, any information concerning the Customer that concerns the Customer\u2019s commercial activities or commercial creditworthiness for the purposes of assessing the Customer\u2019s Application for Services. We may refuse or cancel our services to the Customer on the basis of our assessment of the Customer\u2019s credit worthiness. We, at our absolute discretion, may refuse to offer any services if the Customer fails our criteria for credit worthiness.\u00a0 We may also require the Customer to provide a bond or other surety before offering services.<\/span>
<\/span>6.4 The Customer agrees that we can disclose a credit report or other report to any other credit provider nominated by the Customer or any other supplier for the purpose of:<\/span><\/p>\n
<\/span>6.4.2 The collection of payments that are overdue.<\/span>
<\/span>6.5 The Customer is entitled to see and to correct any of his credit information in our possession.<\/span>
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<\/span>Broadband Services<\/b>
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<\/span>8.1 This clause applies to Customers of our Broadband Service.<\/span>
<\/span>8.2 We shall provide you with our Broadband Service at your request.<\/span>
<\/span>8.3 You must provide your own computer, power supply and confirm availability.<\/span>
<\/span>8.4 You agree not to connect any equipment other than the equipment authorised by us.<\/span>
<\/span>8.5 You warrant that you have absolute legal rights to the use of the service at your premises to access our Broadband Service<\/span>
<\/span>8.6 You agree that you will be liable for any cancellation fee in the event that the legal lessee terminates the Broadband service and as a consequence causes you to terminate the use of our Broadband service;<\/span>
<\/span>8.7 You acknowledge that installation of our Broadband Service may cause a minor disruption to you or the legal lessee\u2019s standard telephone service during the installation;<\/span>
<\/span>8.8 You acknowledge that certain incompatible products may not be available to you.<\/span>
<\/span>8.9 You must pay the monthly fee and additional MB rate set out in our Rate Card for the pricing plan which you nominate from the date on which we commence supplying the Teletech Communications Broadband Service to you.<\/span>
<\/span>8.10 When you cancel the Teletech Communications Broadband Service prior to installation, you will be charged a nominal cancellation fee. If you cancel the service after installation, normal cancellation fees apply. Any equipment we have supplied to you must be returned to us in the original packaging and in good order within 30 days. You will be charged for any equipment that is not returned within this timeframe.<\/span>
<\/span>8.11 If you ask us to change either or both the speed or download option for your selected Broadband plan, you will be charged a nominal service modification fee as set out in our Rate Card.<\/span>
<\/span>8.12 You must provide a suitable place and conditions for the broadband transmission facilities. You must provide electricity and connection points for the broadband transmission facilities and equipment at your own expense.<\/span>
<\/span>8.13 If you ask us to change the supply of our Broadband Service to another address, we cannot guarantee that we will be able to provide the Service at the new address. You will have to pay any charges for installing the Service at the new address, and you agree that we shall not be liable for any delay you may experience as a result of the relocation.<\/span>
<\/span>8.14 If you want us to provide the Broadband Service at an additional place to your premises, you will have to sign a separate agreement with us.<\/span>
<\/span>8.15 A Broadband service connection charge of $300 (ex GST) may apply if you\u2019re in a newly constructed building and not already connected to the NBN. If you choose a month by month plan, you\u2019ll be charged this upfront when you sign up. If you choose a fixed term plan, you may pay this upfront or in monthly instalments.<\/span>
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<\/span>Equipment<\/b>
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<\/span>9.1 Except where specifically noted and where expressly specified, all equipment is provided with a twelve (12) month maintenance period.<\/span>
<\/span>9.2 If the equipment we provide you fails to operate for any reason within the maintenance period, we will repair, refurbish or replace part or the entire piece of equipment at our discretion. Replacement parts and entire pieces of equipment may be new or refurbished items. If we provide a replacement part or entire piece of equipment to you, you must return the replaced part or entire piece of equipment to us. Our decision to repair, refurbish or replace the equipment is final.<\/span>
<\/span>9.3 We will only service and maintain the equipment during the maintenance period as set out in this clause if:<\/span>
<\/span>9.3.1 We have supplied the equipment to you (including the supply of a new or refurbished piece of equipment under the service and maintenance terms in this clause);<\/span>
<\/span>9.3.2 You have maintained the equipment in accordance with the instructions we provide, and you have not modified the equipment in any way; The equipment has only been used with our network.<\/span>
<\/span>9.4 If this Agreement is terminated for any reason before the end of the Maintenance Period, our maintenance service shall cease forthwith.<\/span><\/p>\n
<\/span>9.5.1 Any abuse, misuse, neglect, mishandling or misapplication, accident, improper maintenance or service; unusual hazards (including, but not limited to, exposure to excessive humidity, heat, cold, dust, food, liquids, magnetic or electromagnetic interference or incorrect power voltage);<\/span>
<\/span>9.5.2 Electrical supply problems or failure to provide a suitable environment for the Equipment; or<\/span>
<\/span>9.5.3 Any natural disaster (including but not limited to floods, lightning and fire), acts of terrorism or any other cause beyond our reasonable control.<\/span>
<\/span>9.6 The service and maintenance we provide is also subject to the supply of suitable parts, components, materials and labour being available.<\/span>
<\/span>9.7 Our obligation to service and maintain your equipment under this clause is not transferable to any party to whom you transfer or sell the equipment.<\/span>
<\/span>9.8 The services offered under this clause are in addition to any other non-excludable rights you may have at law, including rights created under the Trade Practices Act pursuant to non-excludable conditions or warranties. All other terms not expressly included in this promise to maintain are excluded.<\/span>
<\/span>9.9 We will only provide services under this clause if we receive notice of the equipment fault within the maintenance period.<\/span>
<\/span>9.10 If the Customer uses his own equipment to receive our supply of services, he must ensure that the equipment has all necessary regulatory approvals, is not prohibited by the Australian Communications Authority (ACA), complies with all applicable regulatory standards and is capable of operating with the Service. If there are faults with the equipment, causing interference with the services, we may require the customer to stop using the equipment until the problem is corrected.<\/span>
<\/span>9.11 If we provide any equipment to the customer other than by sale, then:<\/span>
<\/span>9.11.1 The equipment remains our property;<\/span>
<\/span>9.11.2 The Customer shall ensure that it has all necessary consents and approvals (including landlord approval where applicable) for us to deliver, install and maintain the equipment at the customer premises;<\/span>
<\/span>9.11.3 The Customer shall not part with possession of the equipment to any third party except to us at the termination of the service;<\/span>
<\/span>9.11.4 The Customer shall use the equipment at his own risk at his premises;<\/span>