Customer Relationship Agreement
Date last revised: 23rd February 2016
1. Our Customer Relationship Agreement (CRA)
What is our CRA?
1.1 Our Customer Relationship Agreement is a standard agreement setting out the terms and conditions on which we supply services and products to you. You must also comply with the CRA.
1.2 The CRA contains the following;
(a) Your Application;
(b) Section A – the General Terms which apply to all services and to all customers;
(c) Section B – Services General, you will find more description details in the Service Information Summary provided for each specific service.
If there is any inconsistency between any of the terms of our CRA the order of precedence will be CRA then Critical Information Summary agreements (CIS) except that clauses in relation to force majeure and liability always prevail over all other terms in our CRA and CIS.
1.3 We may vary any of the terms of our CRA or add further terms. This may be done without your agreement. If we reasonably consider that a change is likely to benefit you or have a neutral impact on You and make the change immediately do not need to tell You. You are requested to regularly check the CRA. If we do make a change which will be detrimental to the conditions of your service, we will notify you at least 30 days prior to the proposed change taking effect. Notifications will be provided by either publishing an advertisement in a national newspaper or notifying You directly in accordance with the Telecommunications Act which may include notification via email provided on registration, post to the address provided on registration or via bill message.
1.4 If any change will be detrimental to You and you were not notified within the periods stipulated in the preceding clause, you will not incur any Early Termination Charges (ETC or other costs associated with ‘breaking’ the contract see clause 13.6 for non-liability information However You will still be liable to pay:
(a) All charges to date and usage charges to the date of agreement; and
(b) All installation associated costs including equipment we have provided to you that You have not paid.
1.5 We are also not required to notify You of any changes to Our CRA if those changes are occasioned by:
(a) changes to laws or regulations requiring immediate action due to :
(i) security reasons;
(ii) Law and law enforcement; or
(iii) Information systems security;
(b) New charges or additions to charges:
(i) Due to law or policy changes; or
(ii) Transaction charges relating to surcharges provided by third party merchant accounts;
(c) Supplier increases or surcharges relating to any services provided by third party providers:
1.6 For clarity Our Customer Relationship Agreement is Our Standard Form of Agreement for the purposes of Telecommunications Legislation. Except as set out in this clause our Customer Relationship Agreement can only be varied in writing signed by You and Us.
2. YOUR APPLICATION FOR SERVICE
2.1 Your application specifies the service that You have requested Us to provide.
2.2 You may apply and request supply of a Service/s by:
(a) Completing our online form; or
(b) Telephoning us and our customer service will assist You to complete a form or via live chat services provided; or (c) Completing and returning to us paperwork that we provided to you.
2.3 Subject to approval, your service will be activated as per your request date, you will only be charged for setup and equipment costs and the service fee for the connection will not commence until your connection is operational, your agreement for the plan connection is as per the:
(a) Online – the date you submitted or signed the Application form.
(b) Telephone/Live Chat – on the accepting registration date and/or service commencement date :or
(c) Paperwork – the date you sign the Application form.
2.4 Your Application will be considered by us, and we will decide whether to accept your Application and supply the Services to you based on:
(a) The particular terms for that Service;
(b) Your Eligibility for that Service;
(c) the availability of the Service to you;
(d) Your Credit rating;
(e) the information provided by you including its accuracy and completeness; and
(f) Your prior conduct or history in respect of previous supplies to you of goods and services by us or our related entities.
2.5 If the information provided in the registration forms is incorrect or incomplete, any costs associated with all liaison due to incorrect or incomplete information may result in additional charges.
3. PHYSICAL PREMISES AND CONNECTION
Access
3.1 In the event we are required to access the premises to enable services, we request safe and accessible thoroughfare for Us and Our employees, contractors and agents for purposes of and relating to:
(a) Installation of equipment and service affiliated equipment requested by you;
(b) Inspection, testing, repair and maintenance of equipment and services; and
(c) Recovery of any equipment owned by Us.
Owner’s permission
3.2 You are to ensure the owner’s permission of the premises is received to enable that access. You indemnify us against (and must pay us for) any claim the owner of the premises pursues against Us relating to Us accessing the premises on reliance on any representation made by you that you have obtained that permission.
3.3 Service Connection
We decide the route and technical means that We use to provide the Service. You must reasonably cooperate with Us to allow Us to connect and supply the Service to You safely and efficiently.
4. USING THE SERVICE
Comply with all laws
4.1 In using the Service, you must comply with all laws and all directions by a
Regulatory Authority and reasonable directions by us.
Acceptable and Fair Use Policy
4.2 In using or attempting to use this Service You must comply with Our Acceptable and Fair Use Policy (as amended from time to time).
Your responsibility
4.3 You are responsible for payment for use of the Service until such time the Service is cancelled in accordance with this CRA – see clause 13 whether or not You authorise the use of the Service. For example You will continue to be liable for all charges relating to any use of the Service if You allow another person to occupy the premises or use the Service or if you do not disconnect the Service when you leave the premises or transfer legal responsibility for the Service in accordance with this CRA.
4.4 Security of your local network is essential and you are responsible for any intrusion or access including due to negligence of security. You authorise us to conduct routine security and assurance testing on the network and/or services including equipment, although it is not a necessary service provided and we are not obligated to conduct these testing services.
4.5 You accept we may be monitoring the Service to ensure you act within the Law and our Fair Use Policy and otherwise in accordance with this CRA. You also acknowledge that We may be required to intercept and forward any communications or data that has been formerly requested by an entity with authority to make such requests (including for example a regulatory authority, an emergency services organisation, law enforcement agency or other competent authority) and that you may not be made aware of this requirement depending on the direction of the requesting entity. Please refer to the privacy policy and the Fair Use Policy.
On & Off Peak periods
4.6 On & Off Peak periods are used to ensure all customers are provided equal services and provide distribution of necessary network performance to optimise usage and demand. This will be described in your Critical Information Summary if it affects your services.
4.7 During Off Peak periods, we reserve the right to prioritise application use, in order to optimise Network performance. Network optimisation ensures the total network usage is capable and is not assessed on an individual basis.
5. EQUIPMENT
Our Equipment
5.1 We provide the option to purchase portable equipment to enable connection to the Service (WAN) however We do not warrant that this equipment will be suitable for Your needs and We encourage You to contact the manufacturer of the equipment for specific operational aspects. We will provide connection and internet service instructions and assist with connection problems relating to the equipment. The customer is liable for call out fees of all technicans if the problem is found to be on the Customer Premises or is fault of Customer Premises Equipment (CPE). The manufactuer is responsible for warranty and repair to any equipment provided by Us. Any equipment Leased can be returned to Us for repair
5.2 NBN provided equipment for fibre connected premises will be managed by Us and the third party provider, we will ensure all service requests are relayed and notified to all parties during the service request and installation periods.
6. QUALITY AND MAINTENANCE
Service Standards
6.1 We aim to provide, but do not guarantee, continuous or fault free Services. We will endeavour to undertake scheduled maintenance of equipment and infrastructure in quiet traffic periods however this may not be possible. At times, this may not be possible and unscheduled service may coincide with peak operating periods.
6.2 Services may be suspended as per clauses 13.1 and/or the Fair Use Policy. It is recommended to discuss all activity and/or issues regarding your services to avoid disconnection. Re-connect fees may be incurred.
6.3 Levels of support including basic Level 1 to identify equipment and service faults or Level 2 provides additional technical support including third party suppliers and contractors. If it is determined the fault was at the customer’s premises, call out fees and additional costs will be charged to the customer. This decision is made with advice from third party subject matter experts, GoInternet technical support team and management and is at the discretion of GoInternet.
| Call Out Fees (Error found at customers end (9am-5pm) | $180.00 | First hour |
| Additional | $125.00 per/h | |
| After hours (5pm – 9am) | $260.00 | First hour |
| Additional | $200.00 per/h |
6.4 Customer Support
Specific details of Our customer support may be included in the description for your Service. Generally We provide telephone and live chat support between the hours of 8:30am to 5:30pm (Eastern Standard Time) on Business Days in Queensland. You acknowledge that calls to Our customer support centre and live chats may be monitored or recorded for quality and/or training purposes and You consent to Us monitoring or recording such calls, the customer has the right to ask that they are not recorded during the conversation and can be requested to send an email to ensure information is not mis-understood or ambiguous to mis-perception.
7. CHARGES
Pricing Schedule
7.1 Charges relating to services are described in the pricing pages on the online website or in the Critical Information Summary sheets for each specific service.
7.2 If you do not receive or you are unable to use the services during the terms of agreement, you are liable to pay for all fees and charges during such period, unless our agreement specifies otherwise. A pro-rata refund of charges incurred during a period of interruption may be approved by management under certain circumstances.
7.3 We will generally invoice you in advance for periodic charges and in arrears for usage charges where applicable, unless agreed otherwise.
7.4 Where a Direct Debit or credit card arrangement applies for prepaid accounts, we may process payment for charges for the upcoming billing period 2 working days before the first day of that period.
7.5 Most of our plans require you to pay your bills by Direct Debit. We will always send you a bill online before processing payment of the amounts owed to us. If you request any other method of payment than Direct Debit, you may be charged an additional fee as per our pricing table. Some plans may require you to by Direct Debit. If you are unable to pay by Direct Debit then you may be subject to an Administrative Fee or may be required to select an alternative Plan.
7.6 Direct Debit will be processed on the due date of your bill unlessit has been disputed before the bill’s due date.
7.7 Invoiced accounts are to be made for services provided as specified in the payment terms,Late payments may result in shaping of the internet speed down to 256kbps or suspension of accounts and incur additional charges if deemed necessary for retrieval administration costs. You will also be charged a late payment fee as set out in the Standard Terms.
7.8 Additional charges may be incurred as result of:
(a) A breach of any terms including CRA;
(b) Replacement of equipment or services due to fault or act or omission by you including unauthorised access/contractors.
(c) Power fluctuations, ensure your service and premises are insured through your home insurance and surge protection is allocated. It is recommended to add separate surge protection.
7.10 From time to time We may offer special offers or discounts, which may be notified in general advertisements for new customers (not currently using services) or promotions targeted at current customers (or any one or more of Our current customers). Please ensure you read terms and conditions of each advertisement to see if you are eligible for the special offers or discounts and the terms and conditions attaching to the special offer and discount (which may include conditions such as a requirement that You acquire all relevant Services for a minimum term and pay a break fee if you cancel the Service before the end of that term). If you have validly accepted a special offer or discount including satisfying the terms and conditions of that special offer or discount then the terms of that special offer or discount will prevail to the extent of any inconsistency over the terms of our CRA until the expiry of the special offer or discount.
8. INVOICING AND PAYMENT
INVOICING (Agreed Customers Only)
8.1 We will invoice you for:
(a) Agreed recurring services;
(b) Non-recurring charges eg. Late notification, excess of allowance, arrears or call charges), installation, connection or set-up charges, any equipment you purchase or lease, any other charges set out in your Application or the relevant Pricing Schedule link, in accordance with the Pricing Schedule link or the Service Description.
(c) If relevant, using another invoice in the same month for invoicing alignment purposes.
8.2 Invoicing will commence as described in clasue 2.3 and continue until the contract period has ended, the service is cancelled or terminated by Us or You as per section 13 We will not warn or advise customers of contract periods ending, customers are recommended to contact Us before the contract period ending for existing customer benefits for extending contract periods, all non connections will continue on a month to month basis at the end of a contract period unless advised otherwise.
8.3 All charges relating to services acquired will be detailed on the invoice, services not charged can be added to invoice within 180 days from initial services or miscalculated charges. Invoices will be calculated by reference to data recorded, logged or received by Us or Our suppliers and We are only required to rely on that information when calculating Your invoice.
8.4 Although we will try to include all charges relating to a billing period on the next invoice We reserve the right to include charges from previous billing periods up to 180 days from the date the charge was incurred by You.
8.5 We will invoice You for the billing period described in the Service description or the pricing schedule and if none is specified on a monthly basis. We may also issue interim bills at any time.
8.6 We may re-issue an invoice if an error or miscalculation is detected. If any underpayments must be paid in accordance with normal invoicing payment terms. If You have overpaid Us then Your account will be credited with the overpayment of if You have stopped acquiring Services from You We will refund the overpayment promptly after Your request and after deduction of any other amounts that You may owe Us or any related entity.
8.7 All GoInternet services incur standard payment terms of 7 days from receipt of invoice. A late fee of $15.00 incl. GST will apply to invoices not paid within these terms. The Customer agrees to pay all late fees applied on the Customer’s overdue account. In the event that the Customer’s account remains unpaid and is forwarded to our debt collection agency, the Customer agrees to pay all costs associated with the debt collection.
Credit card and direct debit payments
8.8 If you select to pay invoices by another means than the original agreement, you must give 14 days’ notice if you are changing from Credit Card to annual payment and Bank Transfer or account credit. This will avoid any dishonoured or late fees.
8.9 If payment is not received by the due date then:
(a) You may incur a late fee on the account, being an amount no more than 3% of the total amount of the invoice.
(b) We may charge interest on the amount unpaid from the time due for payment until the date payment is made at the rate calculated as You aggregate of the rate charged by Our principal bankers on unsecured overdrafts of $100,000.00 or less plus 2% per annum compounded annually;
(c) Withhold or suspend delivery of goods or services to You.
8.10 You may be required to pay an additional administrative fee if You pay a bill by cheque and a cheque dishonoured or if You pay a bill by direct debit and there are insufficient funds in Your account or if We process payment against Your credit card and the payment is declined.
8.11 Monies owing or credited to a related entity could result in suspension of services provided by Us or transfer of credit to cover monies owing. Any such occurrences will be noted on the invoice/s.
8.12 You must pay Our legal costs (on an indemnity basis) of enforcing any of Our rights under our CRA. You must also pay fees and expenses payable to any commercial or mercantile agent engaged by Us to obtain or attempt to obtain payment of invoices due by You. Amounts received by Us may be applied first against legal costs and mercantile or commercial agency costs then to interest and then to payment of the overdue invoice.
9. BILLING DISPUTES
9.1 You agree that Our invoices are valid and payable except to the extent that You raise a valid billing dispute in respect of any invoice and comply with the requirements of this clause. Any amount that is not subject of a valid billing dispute must be paid in accordance with Our CRA.
9.2 In order to raise a valid billing dispute you must:
(a) Notify Us as soon as possible after the issue of the invoice containing the disputed items and at any rate no late than 12 months after the date of that invoice;
(b) Request Us to investigate the specific charges or invoice in dispute and provide Us with details explaining why You say the particular charge or invoice is incorrect;
(c) Provide Us with such reasonable information and assistance as We may require in order to determine the query.
9.3 If you have raised a valid billing dispute then We will investigate the dispute and report Our findings to You. If We find there is an error in the invoice then We will reissue an invoice and clause 8.4 will apply. If We determine that the invoice is correct then You must pay any unpaid amounts
9.4 You must not commence any other dispute resolution process including commencing arbitration or court proceedings in any court or tribunal in respect of an invoice dispute until You have complied with this clause.
9.5 If You do not agree with the dispute result You have the right to raise Your concerns with the Telecommunications Ombudsman. Their details can be found on the critical information summaries provided for your specific service.
10. GST
Charges not expressed to be GST inclusive
10.1 Our fees and charges do not include GST unless they are expressly stated to do so in writing. If any payment made by You to Us constitutes consideration for a taxable supply for the purposes of GST or any similar tax the amount to be paid for the supply will be increased so that the net amount retained by Us after payment of that GST is the same as if we were not liable to pay GST in respect of that supply. This clause includes payments for supplies relating to the breach or termination of and indemnities arising from our CRA. We will provide you with a tax invoice for any taxable supply.
10.2 Where we become liable for any penalties or interest as a result of the late Payment of GST due to your failure to comply with the terms of our CRA (Including this clause 10) or your obligations under any applicable law, then you must pay to us an additional amount equal to those penalties and Interest.
11. PERSONAL INFORMATION
Collection of your Personal Information
11.1 We may collect Personal information about you and in accordance with our Privacy policy for the purposes set out in clause 11.3 from:
(a) You directly, when you provide information by phone or in application forms, or when you submit your personal details through our websites;
(b) Our employees, agents, contractors, or suppliers;
(c) A related entity;
(d) A credit reporting agency, credit provider or fraud-checking agency;
(e) Your representatives;
(f) Other telecommunication and information service providers; and
(g) Publicly available sources of information.
Disclosure of Your Personal Information
11.2 We may disclose personal information about you for the purposes set out in Clause 11.3 to:
(a) Our employees, agents or contractors;
(b) A related entity;
(c) Suppliers who need access to the personal information to provide us with services that enable us to supply the service to you;
(d) A credit reporting agency, credit provider or fraud-checking agency;
(e) Our professional advisers, including our accountants, auditors and lawyers;
(f) Other telecommunication and information service providers (for
example, if you obtain services from other providers, we may need to disclose your personal information for billing purposes);
(g) Your authorised representatives or your legal advisers (for example, when requested by you to do so); or
(h) Government and Regulatory Authorities and other organisations, as Required or authorised by law (for example, to the operator of the Integrated Public Number Database (IPND), which supplies information For telephone directories and to law enforcement agencies for purposes Relating to the enforcement of criminal and other laws.
Disclosure of Your Personal Information
11.2 We may disclose personal information about you for the purposes set out in Clause 11.3 to:
(a) Our employees, agents or contractors;
(b) A related entity;
(c) Suppliers who need access to the personal information to provide us with services that enable us to supply the service to you;
(d) A credit reporting agency, credit provider or fraud-checking agency;
(e) Our professional advisers, including our accountants, auditors and lawyers;
(f) Other telecommunication and information service providers (for
example, if you obtain services from other providers, we may need to disclose your personal information for billing purposes);
(g) Your authorised representatives or your legal advisers (for example, when requested by you to do so); or
(h) Government and Regulatory Authorities and other organisations, as Required or authorised by law (for example, to the operator of the Integrated Public Number Database (IPND), which supplies information For telephone directories and to law enforcement agencies for purposes Relating to the enforcement of criminal and other laws.
Use of your personal information
11.3 We may collect, use and disclose personal Information about you for the purposes of:
(a) Verifying your identity;
(b) Assisting you to subscribe to our services and the services of related entities;
(c) Providing the services you require from us and from related entities;
(d) Administering and managing those services, including billing, account management and debt collection;
(e) Conducting appropriate checks for credit-worthiness and for fraud;
(f) Determining whether to provide to you (or to cease or limit the provision to you of) trade, personal or commercial credit and the ongoing credit management of your account;
(g) Researching and developing our services;
(h) Business planning;
(i) Providing your Personal Information to the manager of the Integrated Public Number Database (IPND) for the approved purposes; and
(j) Promoting and marketing our services, products and Special Offers to you and the products and services of related GoInternet entities, unless you request that we do not use your personal information in this way (For example, by choosing to ‘opt-out’ at the time your information is collected by us).
Access to Personal Information
11.4 You are entitled as a registered user and individual to access your personal information held by us unless we are permitted or ordered by law enforcement to block access to such information.
Failure to supply Personal Information
11.5 If you choose not to provide all or part of the personal information we request, we may not be able to provide you with the services requested by you or we may refuse to provide, or limit the provision to you of, any service or personal or commercial credit requested by you.
11.6 By providing personal information to us and acquiring the service, you acknowledge and consent to the collection, use and disclosure of your personal information as set out in this clause 11 and in accordance with our privacy policy. A copy of our privacy policy is available at our offices or on our website.
12. VARIATIONS TO THE SERVICE
Variations requested by you
12.1 A Change of service charge will be applied for any variation to service;
(a) varying accounts will incur an additional charge as disclosed on the website from time to time
(b) Speed Plan Downgrade of accounts will be $45.00. Variations will be submitted as a new service to third party service providers and standard connection times will apply.
13. CANCELLING OR SUSPENDING THE SERVICE
Cancellation by Us
13.1 We may, without liability, cancel the service if;
(a) Current agreements and contract terms are fulfilled and we intend not providing you services, 30 days’ notice will be provided; or at the end of the Contract Term and again providing 30 days’ notice.
(b) If there is reasonable determination that it is not suitable to provide services to you for any reason either during or prior to commencement of the service date of any information received through due diligence and review of your application.
13.2 Subject to Our obligation to provide you notice (if applicable) as set out in below clause 13.5, we may immediately suspend, cancel or restrict services as deemed fit if:
(a) If You fail to pay any amount owing to Us by the due date for payment (except to the extent that an amount is subject to a valid billing dispute and You fail to pay that amount within seven (7) days after We give You notice requiring payment of that amount.
(b) You breach a material term of our CRA (other than a breach which is specifically dealt with in this clause 13) and that breach is not capable of remedy.
(c) You breach a material term (other than a breach which is dealt with otherwise in this clause 13) and that breach is capable of remedy and You fail to remedy that breach within 14 days after We give you notice requiring You to remedy the breach.
(d) You become bankrupt or insolvent or appear likely to do so in our reasonable opinion there has been a material adverse effect on your financial capacity and ability to meet Your obligations under Our CRA.
(e) Any representation made by You or in relation to Your application or Our CRA is untrue or misleading (by omission or otherwise) in a material respect when made.
(f) You vacate the premises.
(g) Your death.
(h) Where You operate in partnership that partnership is dissolved.
(i) You fail to comply with Our acceptable and fair use policy.
(j) We reasonably consider you to be a credit risk.
(k) A supplier terminates its agreement with Us or ceases to supply services to Us which We require an order to be able to provide the Services to You and We are not able to obtain an alternative supplier on terms reasonably acceptable to Us.
(l) We are required by law on order to comply with an order, direction or request of a regulatory authority, and emergency services organisation or any other authority.
(m) The ACCC issues Us with a Competition Notice in respect of the Service or We anticipate that it may do so
(n) Scheduled maintenance in accordance with Our CRA or restore of any network or suppliers provisions.
13.4 If We suspend the Service under the preceding clause then We may later cancel the Service for the same or a different reason.
13.5 May exercise Our rights under clause 13.2 immediately by giving You notice however We will try to give You reasonable notice before exercising Our rights (unless clause 13.2 requires Us to give You notice already). You acknowledge We may be unable to give You notice in the event of an emergency:
(a) Attempt to provide reasonable notice
(b) May be unable to provide notice due to emergency event/situation,
Cancellation or suspension by you
13.6 With the exception of the Critical Information Summary and other provided descriptions of the service, you may cancel the service without liability with 30 days written notice if;
(a) There is no contract term specific in the service description of your agreed contract,
(b) After the end date of your contract term;
(c) If We breach material term of Our CRA and that breach is not capable of remedy;
(d) If We breach a material term of Our CRA and that breach is capable of remedy and We fail to remedy that breach within 14 days after You give Us notice requiring Us to remedy that breach.
13.7 If You wish to cancel Services prior to the end of the agreed contract term, then you must:
(a) Provide 30 days written notice and pay any outstanding charges up to and including the end of the contract period.
(b) Ensure that the notice is given to Us in writing either via email or by completing paperwork that We will send to You on request.
(c) Returning any equipment owned by Us.
(d) Pay an early termination fee or any other break fee.
13.8 You may request a suspension of Services by providing written notice and all requests will be considered although You acknowledge that ADSL or NBN Services may not be suspended in some areas.
14. SUSPENSION/s AND CANCELLATION/s CONSEQUENCES
Consequences of suspension
14.1 If Service is suspended as per Our CRA then you will not have to pay any charges for the service whilst suspended, however if the reason for suspension is due to your breach of Our CRA or is for an insignificant period because of an emergency then You must pay all charges arising before, during and after suspension in accordance with CRA and may have to pay a reconnection fee.
14.2 You acknowledge that a reconnection fee may be payable if the Service has been cancelled however We will not require You to pay a reconnection if the Service was cancelled by Us without cause or due to Our breach of Our CRA.
Consequences of cancellation
14.3 If Services are cancelled as per Our CRA;
(a) Prior to the Service commencement date, You must pay Us any reasonable costs incurred in preparing to provide the Service to You; and,
(b) If cancelled during the agreed terms (contract period), You must pay Us the break fee.
14.4 If there is credit remaining after cancellation of Your Service, we will forward any positive credit of your account as a credit note or transfer to an affiliated company or refund your credit card or reimburse through the original payment method or cheque to the account address. We reserve the right to apply any associated merchant fees. If a cheque or other method of refund is required, an administration fee is applicable.
14.5 If, during the Minimum Contract Period, you cancel the service or we cancel the service because of your default, you must pay the remainder of the contract amount within 14 days of cancellation of service, and return equipment(s) rental back to our NSW Returns address: Returns Department, c/ Freedom Taxation Building, 1 Ransley Street, Penrith NSW 2750. Failure to do so would mean we will forward your details to debt collection agencies.
14.6 On cancellation of the Service:
(a) We may collect any equipment belonging to Us or a related.
(b) You must pay the balance of all outstanding monies owing to Us.
(c) You must immediately stop using the Service.
(d) Comply with all obligations in Our CRA applying at end of service or cancellation.
(e) Cancellation is without prejudice to each Parties’ accrued rights.
(f) The parts of Our CRA which by their nature are intended to survive cancellation will continue unaffected.
15. OUR LIABILITY TO YOU
Customer Service Guarantee
15.1 You may have rights and remedies under the Customer Service Guarantee (except to the extent that You have entered into a waiver of Your rights under the Customer Service Guarantee.
Interruptions
15.2 Subject to clause 15.3, if interruptions to the Service are experienced outside of the Service delivery conditions, we will comply with our obligations under the Australian Consumer Law by;
(a) Reimburse, credit or refund for the period of the Interruption and pro-rata period of the calculated time of the disruption and as per your Service requirements.
15.3 Any refund does not apply for interruptions if;
(a) If the service is cancelled, suspended or restricted to due to the circumstances listed in clause 13.2;
(b) Error, Fault of equipment directly or indirectly caused interruption.
(c) Your acts or omissions; or
(d) Scheduled maintenance to our Network, a Supplier’s Network, and Our Equipment where notification was provided as per the CRA.
15.4 If the Australian Consumer Law applies to this Agreement then the goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The Consumer is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Where it is lawful to do so We limit its liability for failure to comply with a consumer guarantee to one or more of the following:
(a) in the case of goods:
(i) the replacement of the goods or the supply if equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired;
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
If the Australian Consumer Law does not apply to this Agreement then except for any terms, conditions or warranties implied by law which are not capable of exclusion, or as otherwise expressly provided in this Agreement, all conditions, warranties, terms, undertakings, duties and obligations expressed or implied by law in any way relating to goods or services (including as to merchantability, fitness or otherwise) are hereby excluded and We shall not be liable in contract, tort, negligence, breach of statutory duty or otherwise in respect of any loss or damage claimed for demands of any nature arising directly or indirectly out of provision of goods or the supply or services by the Us.
15.5 To receive the rebate or compensation set out in clause 15.2, you must contact our customer service centre on 1300 GO SAVE or email accounts@archive.gointernet.net.au and lodge a complaint about the interruption.
Contributory Loss
15.6 Our liability for any loss, cost, liability or damage suffered or incurred by you under or in connection with our CRA or the service (whether based in contract, tort (including negligence), statute or otherwise) is reduced to the extent that your acts or omissions or your equipment (or the acts, omissions or equipment of a third person) caused or contributed to that loss, cost, liability or damage.
Consequential Loss
15.7 We exclude any liability to you for any Consequential Loss suffered or incurred by you, except to the extent that you are entitled to recover your reasonably foreseeable loss under the Australian Consumer Law.
Acts of a Supplier
15.8 We accept liability to you for the acts of our agents in accordance with the principles of vicarious liability at common law. However, to the extent permitted by law, we have no liability to you or to any other person for the acts, omissions or defaults of any supplier who is not acting as our agent, or any person who provides goods or services directly to you for use in connection with a service.
Force Majeure Event
15.9 If We are prevent from or restricted in carrying out Our obligations under Our CRA or otherwise due to a Force Majeure Event then We are excused from carrying out those obligations and have no liability to You for failing to comply with those obligations to the extent of the Force Majeure Event.
16. YOUR LIABILITY TO US
16.1 You must pay us for any loss, damage, cost or liability including reasonable legal costs (but excluding any Consequential Loss) caused by you or another user of the Service, we suffer or incur relating to:
(a) The use (or attempted use) of the service, improper use of equipment or services,
(b) Any breach of Our CRA.
17. TELEPHONE NUMBERS AND PUBLIC ADDRESSING IDENTIFIERS
17.1 The Telecommunications Number Plan 2015 (Cth) sets out rules for allocating, transferring, surrendering, portability and using different types of telephone numbers. You and We must comply with the Telecommunications Number Plan (as amended or replaced from time to time).
17.2 In addition to telephone numbers, the Service may use other identifiers such as an IP address or domain name (“Public Addressing Identifiers”). You must comply with the requirements of any Regulatory Authority or other body which administers Public Addressing Identifiers.
17.3 You are entitled to continue to use any telephone number we issue to you, except in circumstances where the Telecommunications Number Plan allows us to recover the number from you.
17.4 You acknowledge and agree that:
(a) We do not control the allocation of Public Addressing Identifiers;
(b) we are not liable to you if we are required to change, withdraw, suspend or re-assign any Public Addressing Identifier as a result of any direction given by a Regulatory Authority or other body which
Administers Public Addressing Identifiers; and
(c) On cancellation of the Service, your right to use a Public Addressing Identifier may cease.
18. OWNERSHIP
18.1 You may not assign or transfer or otherwise deal with any of your rights or obligations under Our CRA without our prior written consent.
18.2 We may assign some or all of our rights under our CRA to any person.
18.3 We may transfer some or all of our obligations under Our CRA to:
(a) A Related Entity; or
(b) A purchaser of Our business, on condition that the transferee agrees to provide the Service to you on materially the same terms and conditions of our CRA until new terms are provided.
18.4 We may perform any of our obligations under Our CRA by arranging for them to be performed by another person. We will still be responsible for the performance of the obligations.
19. GENERAL
Confidentiality
19.1 You and we each agree to keep confidential the other’s confidential information. You and we will not use or disclose the other’s confidential information for any purpose, other than:
(a) To the extent necessary to perform obligations or exercise rights under our CRA;
(b) To professional advisors in connection with our CRA.
19.2 For clarity, we will not refer to you as a customer of ours in our press releases or in our marketing sales or financial material or reports unless consent is received by you or a representative of you.
Notices
19.3 A notice, approval or consent to be issued under Our CRA must be in writing, except for variations by us, for which notice can be given in accordance with the Telecommunications Act (set out in clause 1.3). In the absence of evidence to the contrary, such notice, approval or consent will be taken to be received:
(a) If delivered to address recorded and not returned;
(b) If sent by ordinary post, on the third day after posting;
(c) If sent by express post, on the next day; and
(d) If sent by facsimile or electronic transmission, at the time when the machine on which the notice is sent, reports in writing that the notice has been transmitted satisfactorily.
Waiver
19.4 We do not waive the right If we have a right arising out of a breach by you of our CRA and we do not exercise that right, unless we do so in writing signed by us, or our right to insist on performance of that or any other obligation at any other time.
Severance
19.5 If a provision of CRA is void, voidable or unenforceable in any jurisdiction, it will be severed and the remainder of our CRA will not be affected.
Intellectual Property
19.6 You do not have the right to use/identify yourself as ‘ours’ and our entity, You do not own or have any legal interest in any of our intellectual property or in any telephone number, IP address, domain name, personal identification number or other locator or identifier issued by us to you.
Authority
19.7 You agree that if we need your consent and provided we act in good faith, we may rely upon the authority of any of your employees or household (only used in extreme circumstances where immediate approval may be required to remedy or update services, who tell us that they are authorised to provide that consent on your behalf). For residential Services, you must inform us if other person/s is approved to discuss in depth information about your account or service.
Our CRA
19.8 The CRA supersedes all prior agreements.
No Reliance
19.9 You acknowledge that:
(a) staff and support advice is provided in good faith, however we do not represent that our staff are subject matter experts in the operation or maintenance of Your computer and acknowledge that you undertake act on any advice provided by Our staff at your own risk and agree GoInternet will not be liable for any such support advice.
(b) You are responsible for ensuring your information recorded is correct and true.
Governing Law
19.10 Our CRA is governed by the laws of the Commonwealth of Australia and the laws of the state or territory in which you ordinarily reside or do business (as stated in your Application). You and we agree to submit to the exclusive jurisdiction of the courts of the Commonwealth, and its states and
Territories.
20 DEFINITIONS AND INTERPRETATION
20.1 Definitions
In this document unless the context otherwise requires:
Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in Queensland
Confidential Information means all information of a person of a confidential nature which You first become aware of either through disclosure by Us to You or otherwise through Your involvement with Us (regardless of when You become aware of that information and regardless of the form in which that information is made available (including whether it is oral). However confidential information does not include information which is or becomes generally or publically available (unless through a breach of Your obligations under Our CRA;
Consequential Loss means:
(a) Loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of opportunity or expectation loss and any other form of consequential, special, indirect, punitive or exemplary loss or damages; and
(b) Any penalties or fines imposed by a regulatory authority;
Force Majeure Event means any event outside our reasonable control and includes a failure of fluctuation in any electrical power supply, failure of air conditioning or humidity control, electromagnetic interference, cable cut, fire, storm, flood, earthquake, cyclone, accident, war, labour dispute (other than a dispute solely between us and our own employees), materials or labour shortages, the change or introduction of any law or regulation or any Act or omission, failure or delay of any third party or any failure of any equipment owned or operated by any third party;
GST means any tax, levy, charge or impost implemented under the A New Tax System (Goods and Services Tax) Act (GST Act) or an Act of the Parliament of the Commonwealth of Australia substantially in the form of, or which has a similar effect to, the GST Act;
Regulatory Authority means the Australian Communications and Media Authority, The Australian Competition and Consumer Commission, the Telecommunications Industry Ombudsman or any other government of statutory body or authority;
Related Entity means an entity that is related to Us in any of the way specified in section 50 of the Corporations Act 2001 (Cth);
Service means the service requested by You in your Application and any related goods and ancillary services provided to You by Us in connection with that service;
We/Us means GoInternet Pty Ltd or any related entity which supplies the services to you;
You means the Customer who makes the Application.
20.2 Interpretation
In this document unless the context otherwise requires:
(a) clause and subclause headings are for reference purposes only;
(b) the singular includes the plural and vice versa;
(c) words denoting any gender include all genders;
(d) reference to a person includes any other entity recognised by law and vice versa;
(e) where a word or phrase is defined its other grammatical forms have a corresponding meaning;
(f) any reference to a party to this document includes its successors and permitted assigns;
(g) any reference to any agreement or document includes that agreement or document as amended at any time;
(h) the use of the word includes or including is not to be taken as limiting the meaning of the words preceding it;
(i) the expression at any time includes reference to past, present and future time and the performance of any action from time to time;
(j) an agreement, representation or warranty on the part of two or more persons binds them jointly and severally;
(k) an agreement, representation or warranty on the part of two or more persons is for the benefit of them jointly and severally;
(l) reference to an item is a reference to an item in the schedule to this document;
(m) reference to an exhibit, annexure, attachment or schedule is a reference to the corresponding exhibit, annexure, attachment or schedule in this document;
(n) reference to a provision described, prefaced or qualified by the name, heading or caption of a clause, subclause, paragraph, schedule, item, annexure, exhibit or attachment in this document means a cross reference to that clause, subclause, paragraph, schedule, item, annexure, exhibit or attachment;
(o) OPTIONAL – BUSINESS DAY RULE This rule assumes that Business Day is a defined term. When a thing is required to be done or money required to be paid under this document on a day which is not a Business Day, the thing must be done and the money paid on the immediately preceding Business Day; and
(p) OPTIONAL – LEGISLATIVE AMENDMENT RULE reference to a statute includes all regulations and amendments to that statute and any statute passed in substitution for that statute or incorporating any of its provisions to the extent that they are incorporated.
Additional refund policy statements;
General Refund Policy Information
Filing a complaint
It is necessary to contact us for resolve of any issue or concern you may have. By contacting either the support or accounts team, we will be able to identify and resolve any raised concerns or issues if found.
You should email the appropriate department support or accounts@gointernet.net.au and provide details regarding your concern or complaint.
Eligibility
We take every complaint, concern or query very seriously and ensure that the issue is handled in a timely and professional manner. You are eligible for a refund under the following circumstances;
a. Full refund if service was and will not be provided as agreed.
b. Contracts 0-14 days will be refunded all payable but not including non-recoverable costs associated with the service preparation and installation. Parts and Equipment will be returned before full refund is provided and are in serviceable and re-usable condition.
c. Partial refund of total payments received if agreed and fault has been recognised for GoInternet service provisions and agreements.
d. If service was provided and utilised as intended, there will be no refunds.
Exceptions
Certain promotions may have restrictions or deals which would affect this policy. The promotion policy terms will identify the general conditions and are to be adhered. If you believe circumstances whereas the information was not made clear regarding policy differentiations or promotion did not display additional conditions correctly, you are recommended to submit a concern or complaint to us immediately, we may exempt under special circumstances, each will be treated case by case basis.
Exceptions
Prorated refunds are only granted if the cancellation meets provisions that the service was unable to continue for circumstances out of the customers control ie: death in the family, financial hardship (see financial hardship policy) or other situations that are not mentioned. This will be reviewed as a case by case basis but will not exceed 75% of the total minimum contract period charges as per the product terms. The value of the remaining contract is determined by multiplying the dollar value of the contract by the percent of time still remaining; ie: a $1,000 contract with 6 months remaining of a 12 month term = $500.00, therefore 75% of the remaining would be payable = $375.00
2. The Consumer warrants that as at the date of submitting the credit application and on the date of placing each order that the Consumer is able to pay its debts as and when they fall due.
3. This Agreement is governed by and constructed under the laws of Queensland, Australia. Any legal action in relation to this Agreement may be commenced in Cairns, Queensland, Australia.
4. Signatories to the Application for Credit Account warrant that they have authority to enter into this Agreement and to bind the Consumer to this Agreement. If the Consumer enters into this agreement as trustee for a trust, then the Consumer and its successors as trustee for that trust will be liable under this Agreement in its own right and as trustee for the trust. Nothing releases the Consumer from any liability in its personal capacity. The Supplier is entitled to act upon instructions without the necessity for the Supplier to enquire into the authority of the person who gives those instructions or makes that order even if that person is not listed as having authority to use the Consumer’s account. If the Consumer consists of two or more persons then: (a) instructions given or orders placed by any one of those persons is binding on the others and the Supplier is not required to enquire into the authority of the person who instructs the Supplier or places the order; (b) this Agreement binds them jointly and severally.
5. If any term or condition is or becomes illegal or unenforceable it will be severed and none of the remaining terms or conditions will be affected.
6. If the Supplier is prevented from or restricted in carrying out its obligations on any matter beyond the Supplier’s reasonable control, then the Supplier is excused from carrying out its obligations to the extent of the cause of the non-performance but the Supplier must use its best endeavours to avoid or remove the cause of the non-performance as quickly as reasonably possible.
7. Any failure by the Supplier to exercise any right under this agreement does not operate as a waiver and the single or partial exercise of any right by the Supplier does not preclude any other or further exercise of that or any other right by the Supplier.
8. The Supplier’s rights under this agreement are cumulative and not exclusive of any rights provided by law.
9. The Consumer must give written notice to the Supplier within seven days of any change on the Consumer’s details as recorded in the Application. Changes to the Consumer (even if notified to the Supplier) do not relieve the Consumer and the Guarantors of any liability to the Supplier. The Supplier may treat a notification as a new Application for Credit Account in which case the Supplier may terminate the existing account and consider the Application in its discretion.
10. The Supplier may assign or licence any or all of its rights and obligations under this Agreement without requiring the Consumer’s consent. The Consumer may not assign any of its rights or obligations under this Agreement, unless it obtains the Supplier’s prior written consent, which may be given, withheld or given on conditions in the Supplier’s absolute discretion.