NETSPACE ONLINE SYSTEMS PTY LTD
ACN 067 116 269
SUMMARY OF OUR CUSTOMER RELATIONSHIP AGREEMENT — September 2010
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This Customer Relationship Agreement (CRA) is between you and Netspace Online Systems Pty Ltd (ACN 067 116 269) or iiNet Limited (ABN 48 068 628 937) or any Related iiNet Entity which supplies the Service to you.
IMPORTANT CUSTOMER INFORMATION: YOUR RIGHTS AND OBLIGATIONS
This is a summary of Our Customer Relationship Agreement (CRA). Our CRA sets out the terms and conditions on which we supply Our services to customers. This document summarises the most important terms. It does not deal with all, or override any, of the terms of our CRA. Regardless of whether you have read the full CRA, you must comply with it (except to the extent that we have agreed to different terms with you in your application. )
A complete copy of our CRA, and an up-to-date copy of this summary, is available from our website or on request. If you require this information in a different format or in a language other than English, contact us on 13 14 56
Changing our Customer Relationship Agreement
We may change our CRA at any time, and are not required to give you any prior notice unless a change is detrimental to you. In such cases, we will notify you at least 30 days beforehand. If we make any change that would cause more than minor detriment to you, you may cancel the Service without incurring any Break Fee/cancellation charge by giving notice to us within 42 days after the date we notify you of the change.
You acknowledge that you have consented to us sending you notices relating to our CRA or any variations to it by email to your email address.
Services
We supply ALL our Services under our CRA. All our current services are available on our website. You can apply for our Services online via our website or by telephone.
Our acceptance of your application depends on whether the Service is available in your area, your eligibility for the Service, you meeting our credit requirements and any particular terms applicable to the Service.
You must cooperate with us in connecting and supplying Services to you safely and efficiently, including, if required, access to your premises.
Using Our Services
You are responsible for and must pay for all use of the Service, even unauthorised use.
You must ensure that no one interferes with the Service or makes it unsafe or uses the Service to break the law.
We may, but are not obligated to, monitor your usage of the Service to ensure that such usage is not excessive or unusual and otherwise to ensure that you are not misusing the Service.
You must ensure that you only use equipment that is approved by the Australia Communications and Media Authority (ACMA).
Repair and Maintenance
We will use due care and skill in providing the service but we cannot guarantee continuous or fault free Services. We conduct scheduled maintenance on our network and try to do so outside normal working hours. However, we may be required to suspend supply of our Services during normal working hours in order to carry out emergency repairs on our network or on our supplier’s network.
If you wish to report a fault, please call or email us between 8am and 10pm Monday to Friday or weekends from 9am to 5pm.
If you ask us to come to your premises to repair a fault and no fault is found, or the fault turns out to be caused by your equipment you may be charged a call-out fee.
It is your responsibility to maintain and repair any equipment that you own. You are also responsible for any of our equipment on your premises and you must pay us for any loss or damage to our equipment.
Certain manufacturers warranties apply to equipment we supply to you in addition to the statutory warranties which apply under the Trade Practices Act and State Fair Trading legislation. The relevant warranty periods are set out in the documentation supplied with the equipment.
Customer Service Guarantee (CSG)
The Australian Communications & Media Authority (ACMA) has established certain minimum performance standards (CSG Standard) in relation to the connection and fault rectification of standard telephone services and the attending of appointments by carriage service providers.
The CSG Standard aims to protect you against poor service and you may be entitled to compensation if we fail to comply with the CSG Standard.
For more information about the CSG Standard visit the ACMA website at http://www.acma.gov.au or telephone us.
Charges
Our charges for the Service are set out on our Website. Our typical charges may include but are not limited to monthly access charges, excess download charges, contract break fees, relocation fees, call costs, premium services or subscription based costs,
The amount of the Service charges will depend on the Service options and features selected by you. Charges may vary according to the pricing plan (if any) you choose. In respect of telephone services, charges may also vary depending on the time of day (including peak and off-peak periods); the origin and destination of the call, the volume of calls made during a period, whether the call is a voice call or a data call and any discounts that might apply. In respect of internet access services, charges may also vary depending on the included data volume and service speed that you have chosen.
We may also make special offers and, if validly accepted by you, the price and terms of the special offer will prevail over those otherwise applicable under our CRA for the duration of the special offer.
Billing and Payment
We will bill you at regular intervals in accordance with the billing period applicable to the Service option (and any pricing plan) chosen by you.
We may send you an interim bill at any time and may include charges relating to a previous billing period in a later bill.
Bills are usually electronically sent to the email address provided by you on your Application. Printed paper bills are also available but may incur a fee as specified in our Pricing Schedule.
Your bill will show the various ways that you are able to make payment. Some Services can only be paid by direct debit from your credit card or nominated bank account. We may charge you a fee if your cheque is dishonoured or your direct debit payment is declined.
If you do not pay a bill by its due date, we can charge you interest on the overdue amount, or a fee or both. Further, if you do not pay by the due date and do not make payment within 7 days after we give you notice requiring payment we can suspend, restrict or cancel the Service until you pay (in such case you may have to pay a reconnection fee).
If a bill remains unpaid we may refer it to a debt collection agency to recover payment and you must pay us our reasonable costs and expenses in doing so.
Contract
Some of our Services may have a minimum Contract Term for which you must use the Services and if you cancel the Service (or we cancel the Services due to a breach of contract by you) before the end of that Contract Term you may be charged a Break Fee for early cancellation.
You may cancel the Service at any time by notifying us. If you cancel a service before we have provided it to you, we may charge you any costs incurred by us in preparing to provide it to you.
We may suspend or cancel a Service in a number of circumstances, including, if we determine before we have provided the Service to you, that it is not viable to supply it to you, you breach our CRA, you fail to pay your bill on time or we otherwise reasonably believe you are a credit risk, there is excessive use of the Service, we reasonably suspect fraud or other illegal conduct in connection with the Service, it is necessary to restore or maintain our network, there is an emergency, the law allows or requires us to, the Australian Competition and Consumer Commission issues a competition notice, you leave your premises, or you become bankrupt or insolvent.
If a Service is cancelled or suspended you still have to pay all charges incurred before cancellation or suspension.
If we reconnect a Service that has been cancelled or suspended, you may be required to pay a reconnection charge.
Our Liability to You
We accept liability to you in accordance with the Trade Practices Act, the Customer Service Guarantee and other applicable laws, including liability for personal injury or death and damage to your property. Otherwise we are not liable to you for any loss or damage in connection with our CRA or our Services (e.g. lost profits or business or any other consequential loss).
Where we are not permitted by law to exclude our liability for any breach of a term but are permitted to limit such liability, our liability to you is limited to repairing or replacing equipment or resupplying a service or paying the cost of doing so.
We accept liability to you for interruptions to our Services, but only to the extent of:
- a refund or rebate for the period of the interruption; and
- where the interruption is directly caused by our fault or negligence, reasonable compensation for any direct loss incurred.
Your Liability to Us
You indemnify us against (and must pay us for) any loss, damage, or costs (including legal costs) we incur as a result of your breach of this CRA or any negligent act or omission by you in connection with your use of the Service, and any claim an owner makes against us relating to our entering your premises.
Your Personal Information
The Privacy Act 1988 (Cth) and telecommunications legislation imposes strict obligations on us to respect your privacy and the confidentiality of your personal information.
You acknowledge that we may:
- collect and disclose your personal information to a credit reporting agency or credit provider, including your name, current and previous addresses, date of birth, employer, driver’s licence number, service number, and your personal and commercial credit information or credit rating;
- use your personal information to consider your application for personal and commercial credit, the Service or other Netspace or iiNet Related Entity services. We may also use this information for purposes related to the supply of the Service and to provide you with information about promotions, as well as the products and services of Netspace or iiNet Related Entities. You can opt out of receiving marketing information by contacting us; and
- disclose your personal information for the above purposes to or from credit reporting agencies or credit providers, an Netspace or iiNet Related Entity, our employees, agents, contractors and suppliers, and other telecommunication and information service providers.
We may be required or permitted by law to collect, use or disclose your personal information, including, to government and regulatory authorities, (e.g. the operator of the Integrated Public Number Database) or to law enforcement agencies. You may access your personal information and seek to make any updates by contacting us.
If you choose not to provide personal information we request of you, we may not be able to provide you with the Services you have requested, or we may refuse to provide, or limit the provision of, any Service or personal or commercial credit requested by you.
Complaints
We aim to resolve all problems and complaints quickly and effectively. If you have any concerns please contact us. If you are not satisfied with the initial outcome of your complaint, it will be passed to a supervisor or manager who will then review your complaint and the manner in which it was handled. We have formal procedures in place for doing this.
The Telecommunications Industry Ombudsman (TIO) can also resolve disputes between telecommunication companies and their customers. The TIO is an independent body that provides a free service. TIO describes itself as an office of last resort and only takes up a complaint if the customer has first tried to resolve it with the relevant company. The Office of Fair Trading (or similar) in your State or Territory may also investigate consumer complaints.
