Standard Form of Agreement
Telecommunications Services
1. About This Agreement
This Standard Form of Agreement (“Agreement”) sets out the terms and conditions on which Telnetworks Pty Ltd (ACN 129 551 453) (“Telnetworks”, “we”, “us” or “our”) supplies telecommunications products and services to you.
“You” and “your” means the person or organisation that purchases, applies for, accesses or uses a Telnetworks service.
This Agreement is intended to be read together with any applicable:
- Critical Information Summary (“CIS”)
- Service Order or Order Form
- Service Schedule
- Applicable pricing or plan information
- Equipment Terms
- Acceptable Use Policy
- Privacy Policy
- complaints and dispute-resolution procedures; and
- other terms expressly incorporated into your Customer Contract.
If there is an inconsistency between documents forming part of your Customer Contract, the following order of precedence applies unless expressly stated otherwise:
- Applicable law and mandatory regulatory requirements;
- any applicable service-specific terms or Service Schedule;
- your Order Form or other specific agreed service terms;
- the applicable CIS;
- this Standard Form of Agreement; and
- any other document incorporated by reference.
Nothing in this Agreement is intended to exclude, restrict or modify any right or remedy that cannot lawfully be excluded, restricted or modified.
2. Regulatory Framework
Telnetworks provides telecommunications services in Australia and operates subject to applicable Australian laws, regulations, industry codes and industry standards.
These may include, depending on the services supplied and circumstances:
- the Telecommunications Act 1997 (Cth);
- the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law;
- applicable Australian Consumer Law consumer guarantees;
- the Telecommunications Consumer Protections Code;
- applicable telecommunications industry standards;
- privacy legislation;
- requirements relating to emergency services and Triple Zero;
- financial hardship requirements;
- complaints-handling requirements; and
- other applicable regulatory requirements.
Where a mandatory legal or regulatory requirement applies to your service, that requirement prevails over any inconsistent term of this Agreement.
The ACMA maintains the register of telecommunications industry codes and standards applicable to telecommunications providers. The regulatory framework may change from time to time.
3. Applying for a Telnetworks service
You may apply for a Telnetworks service through our website, by telephone, electronically, through an authorised representative or by another method we make available.
When you apply for a service, you may be required to provide information including:
- your name or business name;
- contact details;
- service address;
- billing address;
- date of birth or other identification information where reasonably required;
- payment details;
- information required to assess your application or creditworthiness; and
- information necessary to provision or support the service.
You must ensure that information you provide to us is accurate, complete and current.
We may refuse or delay an application where permitted by law, including where:
- the service is unavailable at the requested location;
- technical requirements cannot be satisfied;
- required information has not been provided;
- identity or verification requirements have not been satisfied;
- applicable credit requirements have not been met; or
- another legitimate regulatory, operational or security requirement applies.
4. Formation of your Customer Contract
Your Customer Contract is formed when your application is accepted by us and/or when your service is activated or supplied, as applicable.
Your Customer Contract may consist of this Agreement together with the applicable CIS, Order Form, Service Schedule and other applicable service-specific terms.
Where an SFOA applies to your service, the SFOA is available on the Telnetworks website and a copy may be provided to you upon request.
You should read the applicable contract documents and CIS before entering into a service.
5. Services
Telnetworks may supply telecommunications services including, where offered:
- internet access services;
- NBN services;
- business internet services;
- fixed-line telecommunications services;
- voice services;
- mobile services;
- data services;
- hosted or managed telecommunications services;
- business connectivity services;
- IP telephony and related services;
- equipment supplied in connection with a service; and
- other telecommunications products and services offered by Telnetworks.
The services available to you depend on your location, selected plan, technical requirements and the applicable Service Schedule or Order Form.
6. Service availability and installation
A service may be subject to technical, geographic, infrastructure or network availability.
Where installation, activation or provisioning is required, we will provide information about applicable requirements, estimated timeframes and charges.
Installation dates and service activation dates may depend on third-party networks, infrastructure providers, site access, equipment availability and other matters outside our reasonable control.
You must provide reasonable access to premises where required for installation, maintenance, repair or replacement of equipment.
You are responsible for obtaining any necessary permission to access premises.
Additional charges may apply where a site visit, non-standard installation or other work is required and the applicable charge has been disclosed to you.
7. Your responsibilities
You agree to:
- use the service in accordance with this Agreement and applicable laws;
- provide accurate information to us;
- pay applicable charges by the due date;
- keep your account and contact information current;
- protect your account credentials and equipment;
- notify us of suspected unauthorised use;
- provide reasonable access where required to install, maintain or repair the service;
- comply with reasonable technical requirements;
- not use the service in a way that causes harm to our network or another person’s service; and
- not use the service for unlawful purposes.
You must not resell, redistribute or commercially exploit a service unless we have expressly agreed to this in writing or the applicable service expressly permits it.
8. Acceptable use
You must use our services responsibly and lawfully.
You must not use a Telnetworks service to:
- Breach Australian or applicable foreign law;
- infringe another person’s intellectual property or other rights;
- transmit malicious software;
interfere with telecommunications networks; - attempt to gain unauthorised access to systems or networks;
- send unlawful or harmful communications;
- engage in fraud, scams or other unlawful activity;
- deliberately interfere with another customer’s service; or
- otherwise misuse the service.
Where we reasonably believe a service is being misused or presents a material risk to our network, customers or others, we may take reasonable steps to protect the service and network, subject to applicable law and regulatory requirements.
9. Equipment
We may supply or approve equipment for use with your service.
Equipment may include:
- modems;
- routers;
- Wi-Fi equipment;
- network termination devices;
- telephone equipment;
- mobile devices;
- antennas; and
- other telecommunications equipment.
The applicable CIS, Order Form or Equipment Terms will identify equipment supplied with your service and any applicable charges or ownership arrangements.
You must follow reasonable instructions for installation, configuration, use and maintenance of equipment.
You must not modify equipment in a way that may affect network integrity, safety or regulatory compliance.
Where equipment remains our property, you must return it when required under your Customer Contract, subject to applicable law.
10. Service performance
We will provide services in accordance with the applicable service description, CIS, Service Schedule and applicable legal and regulatory requirements.
Actual service performance may be affected by factors including:
- network congestion;
- network technology;
- infrastructure limitations;
- distance from network equipment;
- Wi-Fi conditions;
- customer equipment;
- local environmental conditions;
- third-party infrastructure;
- planned maintenance;
- outages; and
- other factors outside our reasonable control.
Where applicable, service-specific performance information will be provided in the CIS or Service Schedule.
11. Outages and maintenance
From time to time, services may be affected by planned maintenance, faults, outages or other network events.
Where required by applicable laws, regulations or industry standards, we will provide customers with information about relevant outages and service disruptions.
We may carry out planned maintenance where reasonably necessary to maintain, upgrade, repair or improve our services or network.
We will take reasonable steps to minimise disruption to customers.
12. Emergency services
The ability to access emergency services, including Triple Zero (000), may depend on the type of service, network availability, power supply, equipment and other technical circumstances.
You should maintain an appropriate alternative means of contacting emergency services where necessary.
For fixed services that depend on mains power, loss of power may affect your ability to make calls.
For internet-based voice services, emergency calling capabilities may differ from those available on traditional fixed telephone services.
Applicable emergency calling requirements and limitations will be communicated where required.
13. Charges and pricing
You must pay the charges applicable to your service.
Your applicable charges will be set out in the relevant CIS, Order Form, Service Schedule, pricing information or other applicable service documentation.
Charges may include:
- recurring monthly charges;
- usage charges;
- connection or activation charges;
- installation charges;
- equipment charges;
- excess usage charges;
- cancellation or early termination charges where lawfully applicable;
- relocation charges;
- restoration charges; and
- other charges expressly disclosed to you.
All prices will be presented in accordance with applicable Australian law.
Unless expressly stated otherwise, prices are in Australian dollars and include GST where applicable.
14. Billing
We will issue bills to you using the billing method nominated for your account.
Your bill may contain:
- recurring service charges;
- usage charges;
- equipment charges;
- applicable taxes;
- adjustments or credits;
- other disclosed charges; and
- amounts carried forward from previous bills.
You should review each bill promptly and contact us if you believe there is an error.
15. Payment
You must pay each bill by the due date specified on the bill.
We may offer payment methods including direct debit, credit or debit card, electronic funds transfer or other methods we make available.
You are responsible for ensuring that your nominated payment method remains valid and has sufficient funds or credit available.
If a payment is unsuccessful, we may contact you to arrange an alternative payment method.
Any payment processing or dishonour fee will only be charged where permitted by law and disclosed to you.
16. Billing disputes
If you believe a charge is incorrect, please contact us as soon as reasonably practicable.
We will investigate billing disputes in accordance with our complaints-handling procedures and applicable regulatory requirements.
Where appropriate, we may place a disputed amount on hold while the matter is investigated.
You should continue to pay any undisputed amounts by the due date.
17. Financial hardship
If you are experiencing financial difficulty and are unable to pay your telecommunications bills, please contact us as early as possible.
We will handle financial hardship matters in accordance with applicable laws, regulations and industry standards.
Depending on your circumstances, assistance may include arrangements such as:
- payment plans;
- extensions of payment time;
- other appropriate financial hardship arrangements; or
- other assistance required or permitted under applicable requirements.
We encourage you to contact us before your account becomes significantly overdue.
18. Credit management
We may undertake credit assessment where permitted by law and reasonably required for the service you are applying for.
Where applicable, we may request information necessary to assess credit risk or establish an account.
Any credit assessment will be conducted in accordance with applicable privacy and credit-reporting laws.
Where credit limits, deposits or other requirements apply, we will provide relevant information to you.
19. Suspension of services
We may suspend or restrict a service where permitted or required by law, including circumstances such as:
- non-payment of amounts properly due;
- serious or repeated misuse of the service;
- suspected fraud;
- a security risk;
- a material risk to our network or another customer’s service;
- a requirement from a regulator or law-enforcement authority;
- an emergency or significant network event; or
- another circumstance permitted under your Customer Contract.
Where required, we will provide notice before suspension and information about how the service may be restored.
We will comply with applicable financial hardship, complaints, consumer protection and other regulatory requirements before taking action against a customer.
20. Reconnection
Where a service has been suspended, reconnection may require payment of outstanding amounts or satisfaction of other applicable requirements.
Any reconnection fee will only apply where permitted by law and disclosed to you.
21. Cancellation By You
You may request cancellation of your service by contacting us using the methods we make available.
The applicable notice period, if any, will be set out in your Customer Contract.
Cancellation does not generally remove your obligation to pay amounts that became due before cancellation.
If you are within a minimum contract period, an applicable early termination charge may apply only where permitted by law and disclosed to you before you entered into the relevant contract.
22. Cancellation or Termination by Telnetworks
We may terminate or cease supplying a service where permitted by law and the terms of your Customer Contract.
Where termination is proposed because of a customer breach, we will generally provide notice and an opportunity to remedy the breach where required or appropriate.
We may take immediate action where reasonably necessary because of:
- fraud;
- unlawful conduct;
- a serious security risk;
- a serious risk to our network or other customers;
- a regulatory or legal requirement; or
- another circumstance where immediate action is permitted or required.
23. Minimum Contract Periods and Early Termination
Some services may have a minimum contract period.
If a minimum contract period applies, the applicable CIS or Order Form will identify:
- the minimum contract period;
- the commencement date;
- the applicable recurring charges;
- any applicable early termination charge; and
- other relevant conditions.
Any early termination charge will be calculated in accordance with the applicable contract and law.
24. Changes to Services
We may make changes to our services where reasonably necessary, including changes arising from:
- network upgrades;
- technology changes;
- third-party network changes;
- regulatory requirements;
- security requirements;
- changes to suppliers;
- changes to service features; or
- other operational requirements.
Where a change materially adversely affects you and applicable law or regulation requires notice or provides a right to terminate, we will comply with those requirements.
25. Changes to this Agreement
We may update this Agreement where permitted by law.
Where we make a change that requires notice under applicable law, regulation or an industry code or standard, we will provide the required notice.
We will not rely on a contractual variation provision to impose a term that is prohibited by applicable law, including the Australian Consumer Law.
The version of this Agreement applicable to your service will be available on our website.
26. Consumer Guarantees
Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
Where the Australian Consumer Law applies, you may have rights and remedies in addition to those expressly set out in this Agreement.
For more information about consumer guarantees, customers can visit the Australian Competition and Consumer Commission website.
27. Privacy
We collect, use, disclose and hold personal information in accordance with applicable privacy laws and our Privacy Policy.
Our Privacy Policy explains:
- what personal information we collect;
- why we collect it;
- how we use and disclose it;
- how you can access or correct your information; and
- how you can make a privacy complaint.
28. Confidentiality
Each party must take reasonable steps to protect confidential information received from the other party.
This obligation does not apply to information that:
- is publicly available other than through a breach of confidentiality;
- was already lawfully known;
- is independently developed;
- or must be disclosed by law or a regulatory authority.
29. Intellectual Property
All intellectual property rights in Telnetworks’ systems, websites, software, documentation, branding and other materials remain with Telnetworks or the relevant rights holder.
You receive only the rights necessary to use the services in accordance with your Customer Contract.
You must not copy, modify, reproduce or commercially exploit our intellectual property except where permitted by law or with our written permission.
30. Third-Party Networks and Suppliers
Some services may rely on infrastructure, networks, facilities or services provided by third parties.
Where a service relies on third-party infrastructure, its availability and performance may be affected by matters outside Telnetworks’ control.
Telnetworks remains responsible for its obligations under your Customer Contract and applicable law.
31. Liability
To the extent permitted by law, each party is responsible for losses caused by its breach of the Customer Contract or other unlawful conduct.
Nothing in this Agreement excludes liability that cannot lawfully be excluded.
Where the Australian Consumer Law applies, nothing in this Agreement is intended to exclude, restrict or modify rights or remedies arising under that law.
To the extent permitted by law, Telnetworks is not responsible for loss caused by matters outside our reasonable control, including third-party network failures, natural disasters, power failures, customer equipment failures, or unlawful or unauthorised acts of third parties.
Any limitation of liability in this Agreement operates only to the extent permitted by law.
32. Events Outside Our Reasonable Control
We are not responsible for delays or failures caused by events outside our reasonable control, including:
- natural disasters;
- severe weather;
- fire;
- flood;
- power failures;
- network failures;
- infrastructure failures;
- industrial action;
- acts of government;
- war or civil disturbance;
- cyber incidents;
- supplier failures; or
- other events that could not reasonably have been prevented or avoided.
We will take reasonable steps to restore affected services as soon as reasonably practicable.
33. Complaints
If you have a complaint, please contact Telnetworks first so that we have an opportunity to investigate and resolve it.
You can lodge a complaint using:
Phone: +61 3 8373 7788
Email: info@telnetworks.net.au
Postal Address: GPO Box 223, MOUNT WAVERLEY VIC 3149
Please see our Complaints Handling Policy.
We will handle complaints in accordance with applicable telecommunications complaints-handling requirements.
34. Telecommunications Industry Ombudsman
If you are dissatisfied with the outcome of your complaint, or we have not resolved your complaint within the applicable timeframe, you may be able to contact the Telecommunications Industry Ombudsman (TIO).
The TIO provides an independent dispute-resolution service for eligible telecommunications customers.
TIO Website: www.tio.com.au
TIO Phone:1800 062 058
35. Vulnerable Customers
Telnetworks is committed to treating customers fairly and respectfully.
If you are experiencing circumstances that affect your ability to access, understand or manage your telecommunications services, please let us know so that we can consider what assistance may be appropriate.
This may include circumstances involving:
- financial difficulty;
- disability;
- language or communication barriers;
- family or domestic violence;
- serious personal circumstances; or
- other forms of vulnerability.
We will handle information about your circumstances appropriately and in accordance with applicable privacy and regulatory requirements.
36. Accessibility and Communication Assistance
If you require information in an alternative format or need assistance communicating with us, please contact our customer service team.
We will consider reasonable requests for assistance in accordance with applicable requirements.
37. Transfers and Assignment
You may not transfer your Customer Contract to another person without our consent, except where permitted by law.
We may transfer or assign our rights or obligations under your Customer Contract where permitted by law and provided that doing so does not reduce your rights or protections.
38. Notices
We may communicate with you using the contact details associated with your account.
Communications may be provided by:
- email;
- SMS;
- telephone;
- post;
- your online account;
- our website; or
- another method permitted by law.
You must notify us if your contact details change.
39. Governing Law
Your Customer Contract is governed by the laws of the Australian State or Territory in which your service is supplied, unless another jurisdiction is required by applicable law.
The parties submit to the courts and tribunals having jurisdiction in that location.
Nothing in this clause prevents a customer from exercising a statutory right to access a regulator, ombudsman or other dispute-resolution body.
40. Severability
If any provision of this Agreement is found to be invalid, void or unenforceable, that provision will be read down or severed to the extent necessary.
The remaining provisions will continue to operate to the extent permitted by law.
41. No Waiver
A failure or delay by either party to exercise a right does not constitute a waiver of that right.
A waiver must be expressly given and does not constitute a waiver of any future breach or right.
42. Entire Agreement
Your Customer Contract consists of the documents identified as forming part of your agreement with Telnetworks.
Except where required by law, representations or promises not included in those documents do not form part of the Customer Contract.
Nothing in this clause excludes liability for misleading or deceptive conduct or any other liability that cannot lawfully be excluded.
43. Definitions
In this Agreement:
ACCC means the Australian Competition and Consumer Commission.
ACMA means the Australian Communications and Media Authority.
Agreement means this Standard Form of Agreement.
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth), together with applicable corresponding State or Territory legislation.
Business Day means a day other than a Saturday, Sunday or public holiday in the relevant Australian State or Territory.
CIS means a Critical Information Summary provided for a telecommunications service.
Customer Contract means the agreement between Telnetworks and you comprising this Agreement and the other applicable contractual documents.
Equipment means equipment supplied or approved by Telnetworks for use with a service.
Service means a telecommunications product or service supplied by Telnetworks.
Service Schedule means service-specific terms applying to a particular Service.
Telnetworks, “we“, “us” or “our” means:
Telnetworks Pty Ltd with Australian Business Number 64 129 551 453 and Australian Company Number 129 551 453 with our Registered address being Suite 603, Level 6, 370 St Kilda Rd, MELBOURNE VIC 3004
you or your means the customer who purchases or uses a Service.
44. Contact Telnetworks
For General Enquiries:
Phone: +61 3 8373 7788
Email: info@telnetworks.net.au
Website: www.telnetworks.com.au
Postal address: GPO Box 223, MOUNT WAVERLEY VIC 3149
Business hours: 9AM to 5PM – Monday to Friday
For complaints:
Phone: +61 3 8373 7788
Email: complaints@telnetworks.net.au
Online: www.telnetworks.com.au/contact
45. Important Customer Information
Before entering into a telecommunications service agreement, you should carefully review:
- this Standard Form of Agreement;
- the applicable Critical Information Summary;
- the applicable pricing and plan information;
- any applicable Service Schedule;
- any equipment terms;
- the Telnetworks Privacy Policy; and
- any other documents identified as forming part of your Customer Contract.
If you do not understand a term of your Customer Contract, please contact Telnetworks before accepting the service.