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IP SUITE TERMS AND CONDITIONS – Version 4.1

Terms and Conditions of Agreement for Services provided by My Telecom Holdings Pty Ltd (ABN 78 080 661 525) (hereinafter referred to as “My Telecom”). These Terms and Conditions may change from time to time. Please refer to the My Telecom website for the latest version. My Telecom reserves the right to change Terms and Conditions without advising the Customer should the change be reasonably considered to be of no negative impact to the Customer. Should the change be considered to have negative impact on the customer, My Telecom warrants to give twenty-one (21) days written notice of such changes.

1. Definitions

In this Agreement the following definitions apply unless the context otherwise requires:

“Agreement” means the agreement for the provision of services upon My Telecom and the customer comprising these terms and conditions and any proposal, inbound and outbound voice and data application, service application, site application, and where applicable, the authority to transfer telecommunication services.

“Carrier” means a telecommunications carrier under the Telecommunications Act 1997 (Cth) as a general carrier.

“Current Supplier” means a Carrier, a telecommunications service provider or equipment supplier who supplies telecommunications services or equipment to the customer at the time of signing the agreement.

“Equipment” means the IP Telephone and all associated hardware.

“Expanding Solutions” means the installation of My Telecom’s hardware and equipment including the supply of new handsets and lines to integrate with the Customers current PABX and equipment.

“GST” means a goods and services tax introduced as a result of a tax change.

“Integration Solutions” means the integration of the Customer’s current equipment with My Telecom’s service to deliver telephone, facsimile and internet services generating savings of around 20 to 30 per cent on usage costs.

“New Install” means the installation of full equipment and service supply for all of the customer’s communication needs including Telephone, facsimile and permanent high speed internet.

“Number Portability” means the ability for Customers to keep their current telephone numbers including land-line and mobile numbers when changing service providers.

“Other Supplier” means a Carrier, a telecommunications service provider or equipment supplier other than My Telecom, as the case may be.

“Service” means the telecommunications service including local, national and international calls, calls to mobile and access to the internet and such other services as may be agreed between My Telecom and the customer from time to time.

“Termination” means termination of the agreement under clause 4 and

“Terminated” has a corresponding meaning.

“Link” means the line or means of connectivity between the customer and My Telecom’s network.


2. Services

2.1 My Telecom shall provide the customer with local, national and international calls, fixed to mobile calls and access to the internet and such other services as may be agreed between My Telecom and the customer from time to time.

2.2 My Telecom shall provide the services when the Customer signs the My Telecom application form.

2.3 If in My Telecom's reasonable opinion the services or products need to be varied in form from time to time it will do so at its discretion without reference to the Customer. In every other case, My Telecom will obtain the Customer’s written consent before it will vary the Service.


3. Duration

3.1 This Agreement shall commence from the date that the Customer signs the Application for Service.

3.2 This Agreement shall continue unless and until terminated in accordance with the provisions of this Agreement.


4. Commencement of Services and Transfer of Accounts

4.1 The provision of services commences when My Telecom completes delivery of its New Install, Integration Solutions, Expanding Solutions or Home Saver products to the Customer and upon completion of installation of all necessary equipment and hardware and any other arrangements with the Other Supplier for provision of the Services have been completed.

4.2 Upon signing of this Agreement the Customer authorises My Telecom to sign on the Customer’s behalf and in the Customer’s name forms of authority to their current supplier to transfer their accounts to My Telecom.

4.3 The Customer agrees to give written instructions to their current supplier to transfer their Transferred Services account from their name to My Telecom’s if My Telecom so requests.

4.4 The Customer will immediately pay to their Current Supplier all amounts owing to it up to the time of transfer of the Transferred Services accounts to My Telecom.

4.5 If the Customer’s Current Supplier credits My Telecom with any amount concerning services provided before the date of transfer of the Transferred Services accounts to My Telecom, My Telecom will credit that amount to the Customer.

4.6 If after the Customer’s Current Supplier raises a proper charge relating to a service it provided to the Customer before the commencement of Services under clause 4.1 My Telecom will advise the Customer accordingly. The Customer agrees to pay their Current Supplier that amount. If a dispute arises between the Customer and their Current Supplier, the Customer must notify My Telecom of such dispute in writing.


4.7 My Telecom will not accept any liability for any amounts owing by the Customer to their Current Supplier for Transferred Services provided to the Customer by the Current Supplier prior to the commencement of Services under clause 4.1. The Customer herby agrees to indemnify My Telecom against any claims made by the Customer’s Current Supplier against My Telecom in relation to any such amounts.

4.8 If there is any delay to the installation date as set out by My Telecom as a result of the customer, My Telecom will begin the link billing cycle from the date the link has been delivered to the customer.

5. Termination

5.1 This Agreement may be terminated by either party by the provision of thirty (30) days notice in writing.

5.2 My Telecom may immediately terminate this agreement by notice to the Customer if;

5.2.1 The Customer has breached this agreement;

5.2.2 A liquidator or receiver or receiver and manager or any other administration of the Customer’s business or assets is appointed, or if the Customer enters into any composition with its creditors.

5.2.3 If the Customer becomes or is in jeopardy of becoming subject to any form of bankruptcy.

5.3 Where notice is given to the Customer pursuant to clause 5.1 and/or 5.2, herein, the Customer shall become liable to make immediate payment of all monies due and payable to My Telecom.

5.4 The customer remains liable for all charges payable under the Agreement in respect of Services up to the time of termination or the minimum term of the agreement.

5.5 My Telecom may further recover from the Customer the amount of any direct loss or damage sustained as a result of the termination and may pursue any additional or alternative remedies provided by the law.

5.6 In the event that the Customer takes delivery of equipment prior to finance being approved, and finance is subsequently denied, My Telecom reserves the right to immediately disconnect all services in the event that the Customer fails to pay for equipment in full within seven (7) days of receiving notice that finance has been declined.

5.7 Link services are subject to a 12 month contract and terms as laid out in the Line Service Installation Authority.

6. Fees and Charges

6.1 The Customer hereby agrees to pay the fees and charges for the services provided by My Telecom (hereinafter referred to as ‘the charges’).

6.2 My Telecom will invoice the Customer on a monthly basis detailing the charges in accordance with My Telecom’s current charges as notified from time to time.

6.3 In the event that My Telecom increases its charges, it must give the Customer one (1) month’s written notice of the proposed changes. My Telecom may decrease its charges at any time without giving notice.

6.4 My Telecom will bill the Customer in advance for periodic charges, connection and service fees including Link charges (where applicable) and in arrears for usage charges and Support charges for adds/moves/changes requests.

6.5 My Telecom has, as standard in its billing policy, an upper credit limit on a Customer account. When such limit is reached, account barring may be automatically activated. The customer may apply for changes to the credit limit on the account subject to a credit assessment review.

6.6 My Telecom reserves the right to issue the customer with an interim account.

6.7 The Customer will pay My Telecom in addition to the charges in accordance with clause 6.1 any charge which any other Supplier or person renders to My Telecom;

6.7.1 as a result of the Customer approaching that Other Supplier or person directly, or otherwise than through My Telecom; or

6.7.2 for connection or initiation of any Service or cancellation of any Service;

6.7.3 for any changes the Other Supplier charge to My Telecom (including increase and special or one-off charges).

6.8 My Telecom reserves the right to charge interest on any part of the charges not paid by the due date. Interest will be charged from the due date until payment at two (2) percent higher than the rate for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983.

7. Payment

7.1 The Customer must make payments in full in relation to all accounts and charges by the due date specified on the account.

7.2 My Telecom reserves the right to charge interest on all overdue accounts. Interest will be charged from the due date until payment at two (2) percent higher than the rate for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983.

7.3 My Telecom may vary the invoice frequency upon giving the Customer twenty-one (21) days written notice.

7.4 Where an interim account is issued to the Customer pursuant to clause 6.5, the Customer must make payment within seven (7) days of the issue date of the account.

7.5 Where the method of payment selected by the Customer is by way of Direct Debit from a nominated bank or other financial institution account, or from a credit card, My Telecom shall be authorised to debit amounts owing as they fall due without further notice.

7.6 In the event that an account remains due and payable in excess of thirty (30) days the Customer authorises
My Telecom to make an immediate debit of the amount or amounts owing without further notice save and except where the Customer notified My Telecom in writing prior to the debit transaction occurring that a bona fide dispute exists in relation to the amount or amounts.

7.7 My Telecom reserved the right to suspend provision of Services to the Customer where amounts remain outstanding for forty-five (45) days, without further notice save and except where the Customer notified My Telecom in writing that a bona fide dispute exists in relation to the amount or amounts.


8. Late Payments & Suspension of Service

8.1 From the date an account is sent, adding three days for delivery, The Customer hereby acknowledges and agrees that the account is due to be fully settled within 14 days. On the fifteenth (15th) day, in lieu of the existence of a bona fide dispute in relation to the amount or amounts, a Late Payment Fee will be applied to the Customer’s account equal to $20, plus 2% of the total invoice, and a notice will be generated advising the Customer of such.

8.2 Where an account remains outstanding for a period of thirty (30) days, a notice of Intention to Suspend Services will be generated giving fourteen (14) days notice of suspension of services. In accordance with 7.7, no further notice will be given of suspension should amounts remain outstanding.

8.3 My Telecom reserves the right to seek a bond from a Customer reconnecting after service suspension resultant of failure to settle accounts. My Telecom will only reconnect Customers after all outstanding amounts have been settled.

9. GST

9.1 If there is a Tax Charge, the price of any supply of goods or services under this Agreement shall be adjusted in accordance with this clause.

9.2 If any supply of any goods or services under this Agreement is subject to GST, the price for the goods or services supplied under this Agreement shall be increased by an amount determined by multiplying the amount otherwise payable under this Agreement by the rate of GST applicable to the supply less any cost savings made the supplier as a result of the Tax Charge.

9.3 If any supply of goods or services under this Agreement is GST free, the price of the goods or services shall be decreased by any cost savings made by My Telecom as a result of the Tax Change.

9.4 In the case of a supply of goods or services under this Agreement which is input taxed, the price for the goods or services shall be adjusted by the cumulative effect on My Telecom’s costs as a result of GST becoming payable on inputs related to the supply and cost saving resulting from the Tax Change.
10. Credit Screening Authority

10.1 The Customer hereby consents and authorises My Telecom to obtain a credit report from the relevant Credit Reporting Agency and to verify all particulars provided by the Customer in the Application for the purpose of assessing the request by the Customer for services to be provided by My Telecom.

10.2 The Customer agrees that clause 9.1 shall apply to applications for personal or commercial credit.


11. Liabilities and Warranties

11.1 The Customer acknowledges that the performance of services provided by My Telecom may be affected by the levels of use of the Customer or the use of other Customers and of facilities relating to the provision for the services and that My Telecom does not warrant at any time that the services will be free of blockages, delays or faults.

11.2 Except as required by law, all terms conditions warranties undertakings inducements or representations relating to the provision of services by My Telecom to the Customer shall be excluded.

11.3 Except as required by law, My Telecom shall not be responsible for any loss or damage that may occur whether direct or indirect, consequential or non-consequential arising out, occasioned by or related to this Agreement, those matters specified in clauses 11.1 and 11.2 herein, or the services provided by My Telecom to the Customer or any other loss or damage however caused (whether by negligence or otherwise) which may be incurred or suffered.

11.4 Without limiting any other rights or remedies that it may have My Telecom shall at all times at its sole and absolute discretion have an option to limit any liability My Telecom may have for any breach of any term, condition or warranty or other loss occasioned to the re-supply of services, or the payment of the costs of having the services re-supplied.

11.5 The Customer agrees and warrants that it shall not hold My Telecom responsible for any loss or damage, liability or suits occasioned whether direct or indirect, consequential or non-consequential and that it will indemnify My Telecom against any such loss or damage, liability or suits whether relating to the Customer or any third party for;

11.5.1 Faults or defects in services caused by the Customer’s own incorrect use, misuse or misconduct connected with the services provided to My Telecom;

11.5.2 Any delay or default in performance of the services to be provided or otherwise pursuant to this Agreement which is caused by or arises out of or in connection to an event or happening reasonably beyond the control of My Telecom including but not limited to war, civil unrest, accidents, acts of god, industrial action, embargo, or by the delay failure or default of any other telecommunications service provider or the equipment services or technology of any other telecommunications provider.

11.6 The Customer agrees that My Telecom have no liability to the Customer or any other person for;

11.6.1 acts or defaults of Other Suppliers

11.6.2 faults or defects in Services which are caused to any material extent by My Telecom’s own conduct or misuse; nor

11.6.3 faults or defects that arise in telecommunication services not provided under this Agreement (even if they are connected with the consent of My Telecom to Services which My Telecom has arranged under this Agreement) which are due to incompatibility with the Service.

11.7 Where the Customer owns and/or manages the Customer Premise Equipment, the Customer is solely responsible for the security of such Equipment and acknowledges that the Customer is liable for all charges associated with call and/or internet traffic generated from that Equipment extending to authorised and unauthorised use.


12. Transfer of Customer’s Account to Another Supplier

12.1 Where the Customer requests a transfer of any of the Services provided by My Telecom to any other supplier pursuant to 5.1, the Customer agrees as follows;

12.1.1 the Customer remains responsible to My Telecom for the amount payable for the Services up to the time of the transfer of the customer’s accounts to another supplier, and the Customer agrees to immediately pay the outstanding account upon receipt of My Telecom’s invoice.

12.1.2 The provision of services by My Telecom ceases immediately once the Customer’s accounts are transferred to the Other Supplier, except in cases of DSL services where contract periods have not yet expired as outlined in clause 5.7.

12.2 My Telecom will bill the customer for those Services within the next billing period.

12.3 Where My Telecom later becomes aware of other proper charges (including fees payable to any Other Supplier) for those Services up to the date of transfer, or My Telecom resolves any dispute so that any liability of theirs relating to those Services is quantified, then the Customer will immediately pay to My Telecom all such amount on receipt of My Telecom’s invoice.

12.4 My Telecom will credit the Customer will any amount credited to My Telecom by any Other Supplier for those Services up to the date of transfer of accounts to the Other Supplier.
13. Use of Network

The Customer agrees to assist My Telecom in ensuring that any equipment necessary for the Customer to receive the Services is installed and programmed so that calls to destinations nominated by My Telecom from time to time are, so far as possible, carried by My Telecom’s switched services network.


14. Equipment supplied to the Customer by My Telecom or sold to the Customer by My Telecom

14.1 It is agreed between the parties that where My Telecom supplies but does not sell any item of equipment to the Customer then;

14.1.1 that equipment remains the property of My Telecom;
14.1.2 the Customer warrants that, to the extent possible under the terms of their occupation of the premises where equipment is installed, the Customer will allow My Telecom to and, where applicable will ensure that the landlord allows My Telecom to remove the equipment upon expiry of the Agreement or Termination; and
14.1.3 the Customer will not part with possession of the equipment except to My Telecom.

14.2 My Telecom may at any time and from time to time change the equipment referred to in clause 14.1.

14.3 The customer warrants that it will grant to My Telecom access to the equipment during normal business hours (or at such other times as My Telecom arranges with the Customer) and this right of access will not end until all equipment is returned to My Telecom even if the Agreement has been Terminated.

14.4 The Customer will ensure that my Telecom’s equipment and any other equipment, facilities and connections used in providing Services are not altered, maintained, repaired or connected to or disconnected from any power source or line except by service men approved by My Telecom.

14.5 In provisioning equipment for service delivery, My Telecom will configure a DHCP server in the router installed at the customer’s premises. This can be the only DHCP server connected to the network. Before any network change or maintenance is carried out on the customer’s internal network by technicians other than those approved by
My Telecom, the Network Administrator must consult with My Telecom.

14.6 The Customer agrees to make available an adequate power supply for the operation of any equipment used in the provision of Services.

14.7 Upon termination for any reason, the Customer agrees to immediately return all of My Telecom’s equipment, or make it available for collection.

14.8 Where equipment is sold by My Telecom to the Customer, any requests for configuration changes (adds/moves/changes) made by the Customer of My Telecom will attract the then current hourly rate for non-fault Support work and such charges will be included on that month’s carriage invoice quoting the ticket number associated with the request/s.


15. Number Portability

15.1 My Telecom will provide the Customer with relevant application forms for number portability.

15.2. My Telecom warrants that where the Customer’s telephone numbers are portable Number Portability will take place in accordance with the Australian Communications Authority Numbering Plan.


16. Notices

16.1 Notices under this Agreement may be delivered by hand, mail or by facsimile transmission to the address specified by the Customer and My Telecom in the Application Form.

16.2 notices shall be deemed given;
16.2.1 In the case of hand delivery, upon written acknowledgment of receipt by an officer or other duly authorised employee, agent or representative of the receiving party;


17. Governing Law

This Agreement shall be governed by and construed according to the law or laws of the State of Victoria.

18. Severance

In the event of any clause or clauses contained herein being void, voidable by any party, unenforceable or illegal the clause or clauses must be read down to the extent required to give the provision of legal effect and the Agreement shall otherwise remain in full force and effect.
18.1 In the case of posting the day following dispatch;
18.2 In the case of facsimile transmission upon completion of transmission.