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Legal
Terms & Conditions
Evolution
Telecom Pty Ltd ABN 732 499 071 42, will supply
you with telecommunications services ("Services")
on the terms and conditions set out below. Words
not defined in these terms and conditions have the
same meaning as in the Telecommunications Act 1997.
1. OUR CONTRACT WITH YOU:
1.1 As a customer of Evolution Telecom these terms
and conditions form the basis of our contract with
you.
1.2 Our contract with you also includes your application
or order form which you complete and provide to
us. We may accept and rely on facsimile copy of
the application or order form as if it was an original.
You will be bound by a facsimile copy of the application
or order form as if it was an original.
1.3 Our contract with you also includes our currently
applicable price list. The price list may change
from time to time, but we will notify you of any
changes when they happen. Copies of the price list
are available from us, upon request.
2. SERVICE DESCRIPTION
2.1 Services will be supplied to you through the
carriers or networks ("Carriers") that
we nominate in writing from time to time. You agree
that we -
(a) may change Carriers without reference to you
and at any time; and
(b) have your express authorisation to notify any
relevant Carrier in respect of and to effect any
such change.
2.2 We do not warrant that we will be able to supply
Services and we are not liable for any failure to
provide all or part of any of the Services, but,
to the extent and to the standard that Carriers
provide Services to us, those Services will be provided
by us to you. When your connection is disrupted,
we will do our best to reinstate our Services to
you as soon as we can.
2.3 Unless otherwise stated in the schedule to this
agreement, we reserve the exclusive right to provide
you with all long distance services from the date
of this agreement.
2.4 When using the Services, you agree to -
(a) comply with all statutes, regulations, by-laws
or licence conditions of any government body; and
(b) not breach any person's rights or otherwise
cause us or a Carrier loss, liability or expense.
2.5 Our obligations to provide the Services ceases
when we transfer your account to another supplier
and the other supplier takes over full billing of
those services.
3. CHARGES AND PAYMENT
3.1 You agree during the term of this agreement:
(a) to be charged for the Services we provide to
you, regardless of whether it is you who uses them,
at our current prices from time to time;
(b) to pay us for all calls made using the 1488
access code (whether you use it by override code
dialling (automatic or otherwise) or through pre-selection);
(c) as our charges are exclusive of any taxes, that
we can pass on to you the full amount of any taxes
payable on the charges; and
(d) to pay accounts for all of those charges (including
taxes) by the date specified in the account ("Due
Date").
3.2 If you dispute in good faith an amount in the
account, you must notify us in writing within fourteen
days setting out reasons for the dispute and the
amount in dispute. Notwithstanding any dispute as
to any amount of any charge, you must pay the whole
amount of each account by the Due Date.
3.3 If you do not pay the account by the Due Date,
then we may charge interest at the rate of 1.5%
per month or part thereof on the outstanding amount
of the invoice and suspend all or part of your Services
pending payment of outstanding amounts on the account.
Nothing in this clause affects our rights to terminate
this agreement under clause 8.
3.4 If you do not pay the account by the Due Date,
we also reserve the right (at our discretion) to
adjust the prices you pay for the Services.
3.5 If you direct us to transfer any of the Services
to another supplier, you will pay to us on receipt
of an account under our normal payment terms -
(a) all of our accounts up until the time we stop
providing the Services; and
(b) all other proper charges that we become aware
of after the date of transfer that relate to the
Services we provided to you.
(c) Unless otherwise stated in the schedule to this
agreement, we reserve the exclusive right to charge
a fee for collection of accounts past 60 days of
$100.00 or 15% of the outstanding amount on the
account which ever is the lesser amount.
(d) Unless
otherwise stated in the schedule to this agreement,
we reserve the exclusive right to charge a fee for
disconnection or barring of $50.00.
4. AMENDMENTS TO TERMS AND CONDITIONS
Without limiting clause 3.1, we may vary, alter,
replace or revoke any of these terms and conditions
effective upon the expiry of 14 days written notice
from us. We may interpret your ongoing use of the
Services after that date as constituting your acceptance
of the variation, alteration, replacement or revocation.
5. CREDIT CHECK
5.1 Prior to our accepting your application, you
have provided to us all information relevant to
our assessment of your credit rating. You have consented
to the following:
(a) our obtaining from a credit reporting agency
a credit report containing personal information
about you;
(b) our giving to and seeking from any credit provider
named in a credit report or in your application,
information in relation to your credit rating including
without limitation any information about your credit
worthiness, credit history or credit capacity that
credit providers are allowed to give or receive
from other credit providers under the Privacy Act
1988;
(c) our making independent enquiries of third parties
concerning your financial standing and for this
purpose you have authorised and permitted such third
parties to supply such information regardless of
any confidentiality or privilege which applies to
the information sought; and
(d) our providing any information we obtain about
you to the relevant Carrier.
6. TRANSFER OF SERVICES
6.1 When you transfer any services ("Transferred
Services") from a Carrier, a telecommunications
service provider or equipment supplier who supplies
telecommunications services or equipment to you
at the time of signing this agreement ("Current
Supplier") to us, you authorise us to sign
on your behalf and in your name any forms required
by the Current Supplier to transfer the Transferred
Services as we direct.
6.2 You agree to immediately pay to the Current
Supplier any amounts owing for the Transferred Services
up to the date of the transfer.
7. LIMIT ON LIABILITY
7.1 We do not exclude or limit - the application
of any provision of any statute (including the Trade
Practices Act 1974, the Privacy Act 1988 or the
Telecommunications Act 1997) where to do so would
contravene that statute or cause any part of this
clause 7 to be void; or
(a) direct losses and damages which arise only as
a result of our gross negligence (which means where
we commit an act or allow an omission to occur in
reckless disregard of the consequences of the act
or omission).
7.2 Except where clause 7.1 applies, we exclude
all statutory liability, tortious liability (including
but not limited to liability in negligence), conditions
and warranties implied by custom, the general law
or statute, liability for all direct, economic,
consequential or indirect losses, expenses, damages
and costs incurred by you, arising out of or relating
to the Services, any failure to supply or delay
in supplying the Services or out of or relating
to this agreement.
7.3 Including, but not limited to, liability for
gross negligence and except to the extent of clause
7.1(a), we are not responsible or liable for any
indirect consequential or economic damages, including,
without limitation, loss of income or profit or
loss of actual potential business opportunities.
7.4 Our liability to you for any breach of any implied
provision of this agreement (other than an implied
warranty of title) is limited, at our option, to
refunding the price of the goods or Services in
respect of which the breach occurred, or to providing,
replacing or repairing those goods or providing
those Services again.
7.5 We are not liable to you for any delay in the
connection or failure in the operation of the Services.
7.6 You acknowledge that any liability of any Carrier
to you in relation to the Services is governed by
the terms and conditions on which that Carrier from
time to time supplies that service to its own retail
customers.
8. TERM OF AGREEMENT
8.1 This agreement will commence on the date of
its signing by us.
8.2 We may immediately terminate this agreement
by written notice at any time if, without our prior
written consent: you breach any term or condition
of this agreement; a receiver or receiver and manager
is appointed over any of your property or assets;
a liquidator or provisional liquidator is appointed
to you; you become bankrupt; you enter into any
arrangements with your creditors; you assign or
otherwise deal with your rights under this agreement;
you cease to carry on business; or there is a material
change in your direct or indirect ownership or control.
8.3 We may also immediately terminate this agreement
at any time by written notice if the Carriers cease
to provide necessary services to us.
8.4 If we terminate this agreement in accordance
with this clause and a Carrier arranges to supply
you services other than through us, you acknowledge
that -
(a) the Carrier may not be able to make those arrangements
immediately; and
(b) once the Carrier has made arrangements, the
services acquired by you from the Carrier will be
acquired on the Carrier's then current tariffs and
terms and conditions and the Carrier will bill you
accordingly.
9. INFORMATION
9.1 Without limiting clause 5.1, you agree to provide
us with any information we request in connection
with our providing the Services to you under this
agreement.
9.2 You authorise and consent to the following:
(a) our conducting a physical audit of the Services
and any equipment supplied in respect of the Services
should we consider it necessary;
(b) our exchanging with Carriers all information
about you and the Services provided to you in our
possession or control including, but not limited
to, your name, billing address, street address,
relevant telephone numbers, any information obtained
by us for the purpose of your application and this
agreement;
(c) the Carrier exchanging with us any information
in the Carrier's possession or under its control
in relation to the Services including, without limitation,
all your records and, in particular, exchange line
details, account information, call charge records
and call event records; and
(d) ours and the Carrier's use of the information
referred to in paragraphs (b) and (c) of this clause.
10. CONFIDENTIALITY
You will keep confidential all information supplied
by us or the Carriers and we will keep confidential
all information supplied by you, except as provided
by clauses 5 and 9.
11. ASSIGNMENT
Your rights under this agreement are personal. You
must not assign or attempt to assign any right or
obligation under this agreement without our written
consent. We may assign all or any of our rights
and obligations under this agreement at any time
by notifying you in writing.
12. WARRANTY OF AUTHORITY
Any persons signing this agreement on your behalf
warrant that they have full power and authority
to bind you in respect of this agreement.
13 OTHER EQUIPMENT
Where you have PABX or other network equipment,
you must ensure that it is programmed as we specify.
13.1 Where you have equipment on premises you occupy
which is used by another supplier to provide you
with services, we will disconnect that equipment
when you transfer the services to us and we connect
our equipment (if any). You must immediately notify
that supplier that you have transferred your services
to us and arrange for them to remove their equipment
from the premises.
14 MISCELLANEOUS
14.1 Any notice, demand, consent or other communication
required to be given to either party must be delivered
personally or sent by prepaid mail or by facsimile
or SMS to the address of the other as last notified.
Account overdue notices may be included in SMS messages
to mobile phones and the customer is deemed to give
permission to receive information via SMS as per
the conditions of the SPAM Act 2003 by accepting
the terms and conditions and becoming a customer
of Evolution Telecom.
14.2 Clauses 2.5, 3.5, 5, 7, 10, 12, 13.4, 13.5
and 14 shall survive the expiration or termination
of this agreement.
14.3 This agreement shall be governed by and construed
in accordance with the law of Queensland and the
parties hereby submit to the non-exclusive jurisdiction
of the courts of that State.This agreement contains
yours and our entire understanding to the exclusion
of any and all prior or collateral agreement or
understanding relating to the Services, whether
oral or written. If any part of this agreement is
found to be invalid or of no force or effect, this
agreement shall be construed as though such part
had not been inserted and the remainder of this
agreement shall retain its full force and effect.
Credit
Information – Section 18E Privacy Act 1988
The
customer irrevocably authorises Evolution Telecom
and its servants and agents to obtain from and give
to persons nominated as trade references, bankers
of the customer, any credit provider, any credit
reporting agency, any land titles office, the ASIC,
ITSA and/or any similar body and/or related information
service ["the sources"] certain information
about you and including personal credit and customer
credit information and any property, business and/or
solvency information to make such enquiries as may
be deemed necessary to investigate the creditworthiness
of the customer at any time whether now or in the
future.
This information may include personal details such
as your name, sex, address, date of birth, employer,
drivers licence, credit history and credit worthiness
(including any payments overdue and serious credit
infringements), your credit standing and credit
capacity.
The customer by this clause authorises the sources
to disclose to Evolution Telecom all information
concerning the customer which is in the Sources
possession. The customer irrevocably consents to
Evolution Telecom obtaining a report containing
information about the customer’s commercial
activities or commercial credit worthiness from
a business which provides information about the
commercial credit worthiness of persons.
If the customer’s application is for commercial
credit, the person(s) signing below consent to Evolution
Telecom accessing consumer credit information, containing
personal credit information, from a credit reporting
agency in order to assess this application. The
customer acknowledges and agrees that Evolution
Telecom may refuse your application, monitor your
usage of, and restrict your access to, the service
on the basis of its assessment of credit information
relating to you.
The customer agrees that in addition to above all
relevant trading information arising from any dealings
between the customer and Evolution Telecom may be
disclosed to any interested person in accordance
with Evolution Telecom’s privacy policy, which
can be viewed at www.evolutiontelecom.com.au
The customer and/or persons signing below acknowledge
that this agreement shall continue to have effect
for the duration of this contract should the application
for credit be approved.
Complaints
You can raise any privacy related concern or complain
about breaches of your Privacy in writing or by
phone to:
Customer
Support Manager
Evolution Telecom Pty Ltd
Level 21, 201 Miller St
North Sydney,
NSW 2060
1300 669 073 Enquiries
1300 668 941 Line Faults
1300 669 127 General Fax
E
mail Address:
tech@evolutiontelecom.com.au
Organisational
Details
Evolution Telecom Pty Ltd
Level 21, 201 Miller St
North Sydney,
NSW 2060
Telephone
Numbers:
Telephone: 1300 669 073
Fax: 1300 669 127
Call our Customer Service Centre on 1300 669 073
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