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IMPORTANT CUSTOMER INFORMATION: YOUR RIGHTS AND OBLIGATIONS

Summary of the Netspace Standard Form of Agreement (SFoA)

Goods & services the SFoA relates to

Our SFoA is the contract that applies when we supply you with communications services (e.g. internet access, email and related services, web hosting, domain name registration, local and long distance telephony and VoIP telephony) and related goods (e.g. modems).

Security deposits

We reserve the right to require payment of a security deposit for our services, but do not normally do so. We might do so if you have an unreliable payment history, or in other circumstances where we consider your credit risk to be unusually high.

Types of charges

Our main types of charges include set up or connection charges, monthly (or other periodic) charges, usage-based charges (e.g. per local call made) prepaid charges (e.g. for prepaid long distance calls), call connection charges, certain miscellaneous charges (e.g. charges for changing plans or ending a contract early) and the purchase price of goods.

Amounts of charges

We have many different plans, and therefore many different charges. They are set out on our web site. Sometimes we may notify them to you in other ways e.g. in an emailed special offer or a TV advertisement.

Circumstances when charges payable

Some charges (e.g. set up / connection, periodic charges, prepaid charges) are payable just because you are under a contract. Other charges are only payable in certain circumstances: usage and call connection charges apply if you actually use the service (e.g. make phone calls) and early termination charges (e.g. if you end a contract, including one of a number of bundled contracts, early).

Cost of (re)connection, and discounts, credits & rebates

The cost of (re)connection to our services and discounts, credits & rebates we offer vary according to which plan you are on, how long you sign up for and whether you get more than one service from us. It's best to check pricing on our web site for details.

Peak / off-peak times

We do not have across the board peak / off-peak times. Some plans do have peak / off-peak times. The plan details on our web site will state the times and the different conditions and charges that apply to them.

Billing methods, frequency, options and additional charges

When we issue bills, they are normally monthly, by email. Some of our services offer an online account facility. If we agree to issue a bill by a non-standard method, we shall notify you of any additional charge before we levy it.

Ways of paying a bill

Many plans require you to pay by direct debit or standing credit card. Otherwise, you can pay by credit card, cheque or cash.

Late billing policy

We may bill up to 190 days late.

Late payment of bills

Late payment may incur interest at 16.5% a year or a charge of $25 (but a plan may specify a different charge) and collection fees we incur.

Minimum terms and minimum notice to terminate

Some of our contracts have minimum terms. They are stated in the plans on our web site. Subject to a minimum term, you must give us 30 days notice to end a contract. If you are a consumer, we must also give you 30 days notice. Otherwise, we can terminate immediately.

Events allowing termination by us

Our SFoA sets out a number of grounds for us to terminate your contract early. The main ones are breach of contract, non-payment, fraud or illegal conduct, breach of a related contract, or you are a credit risk.

Events allowing termination by you

If you are a consumer, you may terminate early if we make certain kinds of changes to your contract. If so, we shall send you written notice that termination rights apply. In that case, you need only pay usage and network access charges to the end of the contract, plus any outstanding amounts for installation costs or equipment that can be used with anther provider.

Otherwise, we do not have to allow you to terminate early. If we do, we may bill you for usage to termination, an administration charge ($25 for most plans but $100 for DSL plans), and an early termination charge (that depends on the plan and when you terminate it we shall notify you of the amount on request when you ask to terminate.)

Terms of renewal

If you renew a contract, it will be subject to our SFoA as in force at the time you renew.

Getting the SFoA, varying it and notice we'll give you

Our current SFoA with its complete terms and conditions is on our web site (or you can phone our head office for a copy). We can vary it by publishing the changes on our web site, but (a) if you are a consumer under a fixed term contract, detrimental changes won't apply to you unless we go through certain procedures under the Consumer Contracts Code – you'll then get at least 21 days' notice in writing by post or (if you have agreed) by email or with an online bill and (b) if you are any other ordinary customer, we'll give you reasonable notice of detrimental changes, depending on the circumstances.

Warranty on goods

Any goods we sell you may carry (a) manufacturer's warranty and (b) statutory warranties including a warranty they are of merchantable quality.

Complaints

Our Complaint Handling Procedures are available at www.netspace.net.au/pdfs/sfoa/complaints_policy.pdf or telephone our help desk on 131 456 for a printed copy. You can always begin a complaint through our Customer Assistance.

Faults

You should report faults to our help desk. We may offer an online reporting system. If so, details will be on our web site.

CSG

The Customer Service Guarantee (CSG sets specific performance standards that fixed line telephone service providers must satisfy and provides for payments to customers (with 5 or less telephone lines) in some circumstances where they are not met. For more details, see www.tio.com.au/FAQ/Csg.htm. You can waive your CSG rights. We will clearly ask you to do so where that applies.

TIO and Consumer Affairs

The Telecommunications Industry Ombudsman (free call 1800 062 058) is available as a last resort to resolve disputes that cannot be resolved with us. The Office of Fair Trading in each State or Territory may also investigate consumer complaints about telecommunications services.

Credit reports and personal information

We do not normally obtain credit reports, but we reserve the right to do so. When allowed by law, we also reserve the right to give credit information about you to a credit reporting agency. We are subject to the Privacy Act 1988, a law that protects your privacy and personal information. Full information about the ways in which we collect and deal with personal information are set out in our privacy policy at www.netspace.net.au/sfoa/privacy.php. We may use your personal details to send you promotional material.

Priority Assistance

We do not offer Priority Assistance for our non-mobile standard telephone service.

IF YOU ARE A NON-ENGLISH SPEAKER OR HAVE A DISABILITY AND REQUIRE ASSISTANCE TO READ OR UNDERSTAND THIS SUMMARY OR NEED A LARGE PRINT COPY, PLEASE CONTACT CUSTOMER SERVICE ON 131456.

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Last updated: 22nd August 2006