Student Housing Internet, Intercom Systems, IP Phone Systems

My Telecom Holdings Pty Ltd “Oz Study Smart” Standard Form of Agreement – Version 1.0
This document serves as the Standard Form of Agreement for Services provided under the Oz Study Smart brand to You (You being the customer having applied for Services) by My Telecom Holdings Pty Ltd (ABN 78 080 661 525) hereinafter referred to as “We, Us, Our”.

This Agreement may change from time to time, please refer to the Oz Study Smart website for the latest version. We reserve the right to change this Agreement without advising You should the change be reasonably considered to be of no negative impact to You. Should the change be considered to have negative impact on You, We warrant to give thirty (30) days written notice of such changes.


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

“Agreement” means the agreement for the provision of Services by Us to You comprising this Agreement and any proposal, Application Materials, service application, site application, and where applicable, the authority to transfer telecommunication services.

“Application” Your authorised submission to Us to provide Services under this Agreement.

“Application Materials” refers to the paper format and/or online information provided to You at the time of making the application for Services detailing the available plans and/or offers and the terms and conditions relating to those plans and/or offers.

“Broadband Internet Services” means the provisioning of access to the public internet.

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

“Carriage Service Provider” means a carriage service provider under the Telecommunications Act 1997 (Cth).

“Contract Term” the term of this Agreement as it relates to your selected Plan as set out in the Application and/or Application Materials.

“Current Supplier” means a Carrier, a Carriage Service Provider or equipment vendor who supplies services or equipment to You at the time of application.

“Ethernet Broadband” means the transmission methodology used to deliver the Broadband Services.

“Equipment” means all associated hardware with the delivery of the Services.

“Flagfall” also known as a Connection Fee means a one off cost incurred for the connection of a phone call.

“Full Service Phone” an inbound/outbound phone line with no restrictions on call type or volume.

“GST” means any consumption tax imposed by government, whether at point of sale or at some other specified occurrence, by whatever name, which operates during the term or any renewal or over-holding and includes (without limitation) a goods and services tax, a broad-based consumption or indirect tax and value-added tax.

“Link” means the line or means of connectivity between You and Our network.

“Mbps” means Megabits per second.

“Minimum Total Plan Cost” means monthly fee plus establishment fee over the plan Contract period.

“Other Supplier” means a carrier, a carriage service provider or equipment supplier other than Us, as the case may be.

“Oz Study Smart” refers to the suite of voice, data and other services of My Telecom delivered to high-density, multi-storey residential apartment buildings.

“Property Manager” the body responsible for leasing and managing the apartments to which Services are delivered.

“Restricted Phone Service” a phone service with a live inbound/outbound phone line though limited on outbound traffic to predetermined call types and volumes.

“Service/s” 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 You and Us.

“Sign Up Centre” an online tool allowing the Customer to apply for Services and commit to a binding contract for Services under this Agreement.

“Terminated” has a corresponding meaning as Termination.

“Termination” means termination of the agreement under clause 5.

“Voice Services” include the provisioning of a handset or the provisioning of an analogue port (analogue phone/fax) for all inbound and outbound voice and/or fax services.


2.0 Services
2.1 We will endeavour to provide You the Services as detailed in Your Application and in any Application Materials.

2.2 We agree to provide Services in a timely manner upon receipt of Your Application but reserve the right to refuse to accept Your Application.

2.3 If in Our reasonable opinion the Services need to be varied in form from time to time We will do so at Our discretion without reference to You. If the variation in service will cause a detriment to You we will notify You by way of direct correspondence.

2.4 All speeds described in relation to broadband services or Ethernet Broadband services are the maximum speed achievable on a plan at any given time. Oz Study Smart Ethernet Broadband services are delivered under an aggregated model under which speeds have a maximum achievable speed of 4Mbps. Speeds will vary depending on plan selected, content source, time of day, internet traffic, server capacity, user PC configuration and other factors.

2.5 The Services provided to You are provided for a particular purpose. You must only allow the Services to be used for that purpose. We will assume no liability for adverse consequences arising out of the use of Services for an unintended purpose.

2.6 You are responsible for and required to pay for the use of Services, whether You authorise that use or not. This includes any individuals other than You who use the service. This also includes instances where You leave the premises and fail to disconnect Services which are subsequently used by later occupants. In the latter instance, You will be jointly and individually liable with the subsequent occupants for charges relating to the use of the Services.

2.7 We do not promise to monitor Your Service for excess or unusual usage. We can suspend or cancel the Your service if it is used in an excessive or unusual way, but We do not promise to do so. If We suspend or cancel Your Service, You are still liable for any charges incurred for any excessive or unusual usage.

2.8 If You attempt to preselect to another voice service provider in any way during the period of this agreement or while using Our carriage, We will remain the billing party notwithstanding Your intentions.


3.0 Duration
3.1 This Agreement shall commence from the date of Application.

3.2 This Agreement shall continue unless and until terminated in accordance with the provisions of this Agreement and the contract term as indicated in the Application materials. Early termination charges apply, refer 5.4.


4.0 Commencement of Services and Transfer in of Accounts
4.1 It is Your sole responsibility, financial and otherwise to deactivate, terminate, divert and all other actions relating to telephone or internet services provided by Other Suppliers prior to entering into or during this Agreement with Us.

4.2 The provision of Services and the billing cycle commence upon activation of the Service regardless of any delay caused by You including but not limited to delay in the installation date as set out by Us.


5.0 Termination
5.1 Outside of the Contract Term, this Agreement may be terminated by You by the provision of thirty (30) days notice to that effect.

5.2 We may immediately terminate this Agreement by notice to You if;
5.2.1 You have breached this agreement;
5.2.3 If You become or are in jeopardy of becoming subject to any form of bankruptcy.

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

5.4 You remain liable for all charges payable under this Agreement in respect of Services up to the time of termination or the expiration of the Contract Term.

5.5 We may further recover from You the amount of any direct, indirect and any other possible category of loss or damage sustained as a result of the termination and may pursue any additional or alternative remedies provided by the law.

5.6 You may migrate to another Plan during the Contract Term however this does not shorten or nullify the Contract Term.

6.0 Fees and Charges
6.1 You hereby agree to pay the fees and charges for the Services including but not limited to the Minimum Total Plan Cost and any excess charges specified in the Application Materials (hereinafter referred to as ‘the Charges’).

6.2 Upon activation of Services, We will issue You with an Initial Statement of Usage detailing applicable installation, connection, establishment, equipment and periodic charges. Statements of Usage will then be issued on a monthly cycle at the start of each calendar month.

6.3 We will bill You in advance for periodic charges, connection, establishment, installation and service fees including Link charges (where applicable), and in arrears for usage charges.

6.4 Any unused monthly MB allowance or limit in favour of You will not be carried forward beyond the month in which it became available.

6.5 In the event that We increase Our charges, We must give You one (1) month’s written notice of the proposed changes.
We may decrease Our charges at any time without giving You any notice.

6.6 We reserve the right to issue You with an interim account. Where We exercises this right, We will make contact with You to arrange immediate settlement of the interim account.

6.7 You will pay Us in addition to the Charges in accordance with clause 6.1 any charge which any other Supplier or person renders to Us;
6.7.1 as a result of You approaching that Other Supplier or person directly, or otherwise than through Us; 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 may charge to Us (including increases and special or one-off charges).

6.8 We reserve the right to charge interest on any part of the Charges not paid by the due date. An administrative fee (told to You on Your Statement of Usage or by another means) and interest may be charged from the due date until payment at two (2) per cent per week for the first week and two (2) per cent per month thereafter, subject to change.

6.9 In the instance You wish to downgrade Your monthly broadband or home phone service plan (to a lesser priced plan), a transfer fee of $29 applies.


7.0 Payment
7.1 All Broadband and Home Phone accounts must be paid by Credit Card or Direct Debit from Your nominated bank account. Current details of the Credit Card or nominated bank account must be provided with Your Application.

7.2 By providing Us with Your Credit Card or Direct Debit details for the purposes of paying for the Service, We may:
7.2.1 process the Charges to Your credit card or nominated bank account in accordance with 6.2 and 6.3;
7.2.2 disclose Your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the details supplied with the Application;
7.2.3 take steps to verify that there is sufficient credit to meet likely charges; and
7.2.4 charge any Cancellation Fee payable immediately on notice of termination of services.

7.3 We may vary the frequency of the issue of Statements of Usage upon givingYou fourteen (14) days written notice.

7.4 Where an interim account is issued pursuant to clause 6.6, You agree to Us processing the payment of this account whether via Your previously nominated payment method or by another means within two business days of receipt of the account.

7.5 Where the method of payment selected is by way of Direct Debit from a nominated bank or other financial institution account, or from a credit card, We shall be authorised to debit amounts owing without further notice pursuant to the issue of a Statement of Usage. It is Your responsibility to ensure sufficient credit / funds is / are available to meet the Charges.

7.6 If a Direct Debit or Credit Card payment is declined for any reason, We may immediately suspend services by giving notice to You. A dishonour charge may also be applied to Your account.

7.7 We reserve the right to seek a bond from You for reconnecting Services following a suspension resultant of declined transaction and to charge a reconnection fee. We will only reconnect You after all outstanding amounts have been settled.

7.8 If, in Our reasonable opinion, You pose a credit risk to Us for Charges billed in arrears as defined in 6.3, We may seek a Bond from You equal to the expected total of those charges as would be accrued over a period of not more than one (1) month. This Bond does not limit Our right to issue an interim account as prescribed in 6.6.

7.9 You may not proceed to pay a liability incurred to Us with an account different to the account specified on the Application without Our prior consent. You may only pay Your liability with the account nominated for the purpose of Direct Debit or with the specified Credit Card.

7.10 If You, having agreed to pay via Direct Debit or Credit Card, proceed to pay for Services with an account otherthan that nominated on the Application, We may take this payment as implied consent by You to give Us the authority to use that account or Credit Card in settlement of future Charges.

7.11 If Charges are paid by means other than the scheduled Direct Debit or Credit Card and the Direct Debit or Credit Card is subsequently processed resulting in double payment of the due account, We, where notified, will:
7.11.1 issue a credit note against the following month’s statement period for any regularly incurred fixed costs for that period; and
7.11.2 refund to the nominated account any non-fixed amounts.


8.0 Disputed Payments
8.1 Any claim that Charges on a Statement of Usage are incorrect must be made within six (6) months of the issue date of the Statement of Usage.

8.2 In the event that an account is disputed, You must notify Us of the dispute in writing and be obliged to make payment of all charges without deduction if not already processed via Direct Debit or Credit Card. We will then, within a reasonable time of your request, conduct such investigations required based on the claim. At the end of these investigations, if We determine that:
8.2.1 there is an error, We will issue a corrected Statement or Adjustment Note as appropriate and, if You have overpaid as a result of the error, credit Your account in line with the refund policy described in 7.11.1 and 7.11.2. If You have cancelled your Services with Us, We will refund any overpayment to Your nominated account after the deduction of any amounts owed by You to Us.
8.2.2 there is no error, You must pay any outstanding amount within five (5) business days.

9.0 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 are 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 are GST free, the price of the goods or services shall be decreased by any cost savings made by Us as a result of the Tax Change.

9.4 In the case of a supply of goods or services under this Agreement which are input taxed, the price for the goods or services shall be adjusted by the cumulative effect on Our costs as a result of GST becoming payable on inputs related to the supply and cost saving resulting from the Tax Change.

10.0 Personal Information
10.1 We are entitled to collect personal information about You in accordance with the Privacy Act 1988, the Telecommunications Act 1997 and related legislation. You may obtain further information from Our Privacy Awareness Statement. This Policy is available to You by request or at www.ozstudysmart.com.au.

10.2 You hereby consent and authorise Us to obtain a credit report from the relevant Credit Reporting Agency and to verify all particulars provided by You in the Application. You agree that this clause shall apply to applications for personal or commercial credit.

10.3 You authorise Us to allow the Credit Reporting Agency to create or maintain a credit information file containing information about You.


11.0 Liabilities and Warranties
11.1 You acknowledge that the performance of Services provided by Us may be affected by Your levels of use or the use of other Customers and of facilities relating to the provision of Services and that We do not warrant at any time that the Services will be free of blockages, delays or faults or otherwise deliver maximum achievable speeds.


11.2 Except as required by law, all terms conditions warranties undertakings inducements or representations relating to the provision of Services by Us to You shall be excluded.

11.3 Except as required by law, We 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 Us to You or any other loss or damage however caused (whether by negligence or otherwise) which may be incurred or suffered.

11.4 We are not liable to You in contract, tort (including negligence) or otherwise for any loss or damage.

11.5 Without limiting any other rights or remedies that Wet may have, We shall at all times at Our sole and absolute discretion have an option to limit any liability We 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.

11.6 You hereby warrant that You are a named party to the lease of the residence to which We agree to supply Services.

11.7 You hereby agree and warrant that You shall not hold Us responsible for any loss or damage, liability or suits occasioned whether direct or indirect, consequential or non-consequential and that You will indemnify Us against any such loss or damage, liability or suits whether relating to You or any third party for;
11.7.1 faults or defects in Services caused by Your own incorrect use, misuse or misconduct;
11.7.2 any delay or default in performance of the Services caused by, arising out of, or in connection to an event or happening reasonably beyond Our control 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 Carrier or Carriage Service Provider or the equipment, services or technology of any Other Supplier.

11.8 You agree that We have no liability to You or any other person for;
11.8.1 acts or defaults of Other Suppliers
11.8.2 faults or defects in Services which are caused to any material extent by Our own conduct or misuse; nor
11.8.3 faults or defects that arise in telecommunication services not provided under this Agreement (even if they are connected with Our consent to the Services which We have arranged under this Agreement) which are due to incompatibility with the Service.

11.9 We do not waive any of Our rights under this Agreement merely because We do not exercise them, or there is a delay in Our exercising of them.


12.0 Transfer out of a Customer Account
12.1 Where You request a transfer of any of the Services to any Other Supplier pursuant to 5.1, You agree as follows:
12.1.1 You remain responsible for the Charges up to the time of the transfer of the Services to another supplier.
12.1.2 Pursuant to 7.2.4, We will process any Cancellation Charges owing immediately upon receipt of notice of account termination/transfer.
12.1.3 The provision of Services ceases immediately once the Your accounts are transferred to the Other Supplier, except in cases where Contract Terms have not yet expired as outlined in clause 5.4.
12.2 A Statement of Usage for any charges incurred between the receipt of notice of account termination/transfer and the actual termination/transfer will be issued on completion of termination/transfer. Payment of such Statement will be processed via the nominated payment method without further notice.

12.2 Where We later become aware of other proper charges (including fees payable to any Other Supplier) for those Services up to the date of transfer, or We resolve any dispute so that any liability of the Other Supplier relating to those Services is quantified, then You will immediately pay to Us all such amount on receipt of Our invoice.

12.3 We will credit You with any amount credited to Us by any Other Supplier for those Services up to the date of transfer of accounts to the Other Supplier.

12.4 You may transfer the account to another person if that person takes over lease of residence to which We agreed to supply Services by the signing and acceptance of a new Application as outlined in clause 2.2.


13.0 Use of Network
13.1 You agree to assist Us in ensuring that any equipment necessary for the provision of the Services is installed and programmed so that calls to destinations nominated by Us from time to time are, so far as possible, carried by Our switched services network.

13.2 We will install/enable the Service to Your residence to a single point that is pre-determined by the building cabling configuration. We have the final decision on the installation such as the position of any connection point or cable. If You require additional points of connectivity, additional costs may be incurred.

13.2 We reserve the right to limit or suspend any Service to perform periodic, routine or any other necessary network maintenance.

13.3 We reserve the right to suspend the Service if the use of a Service interferes (or threatens to interfere) with the efficiency of Our network or is in breach of the terms as set out in Our Acceptable Use Policy (including because You have inadequate capacity).

13.4 You must ensure, within reason, that no-one interferes with the operation of Services or makes them unsafe.

13.5 We reserve the right to slow access speeds on Broadband Services to the shaped speed as set out on the Application Materials after that plan has reached its predetermined download limit in line with the published limits and accounting periods.


14.0 Equipment Supplied by Us
14.1 You agree that where We do not sell, but do supply any item of equipment to You then;
14.1.1 that equipment remains Our property;
14.1.2 You warrant that, to the extent possible under the terms of Your occupation of the premises where equipment is installed, You will allow Us to and, where applicable, will ensure that the landlord allows Us to remove the equipment upon expiry of the Agreement or Termination; and
14.1.3 You will not part with possession of the equipment except to Us; and
14.1.4 should the equipment supplied by Us not be returned or be returned in a damaged condition, You are liable to pay the then current replacement cost of that equipment.

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

14.3 You warrant that You will grant Us access to the equipment during normal business hours (or at such other times as agreed with You) and this right of access will not end until all equipment is returned even if the Agreement has been Terminated.

14.4 You will ensure that Our 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 Us.

14.5 In provisioning equipment for service delivery, We will configure a single master DHCP server per apartment complex. Before You install or activate a DHCP server, You must make contact with Us.

14.6 You agree 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, You agree to return Our equipment, or make it available for collection or pay the replacement cost per 14.1.4.


15.0 Number Portability
15.1We will provide the You with relevant application forms for number portability.

15.2 We warrant that where Your telephone numbers are portable, Number Portability will take place in accordance with the Australian Communications and Media Authority (ACMA) Numbering Plan and in line with then current Local Number Portability (LNP) guidelines.

15.3 We will assume no liability to You for any consequences arising from number portability not taking.


16.0 Notices
16.1 Notices under this Agreement may be delivered by hand, mail, email or by facsimile transmission to the addresses specified by You in the Application.

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;
16.2.2 In the case of posting the day following dispatch;
16.2.3 In the case of email or facsimile transmission upon completion of transmission.


17.0 Governing Law
This Agreement shall be governed by and construed according to the law or laws of the State of issue.


18.0 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.


19.0 Installation
19.1 We will endeavour to install the Service by the date requested. This may not always be possible and We reserve the right to change a previously made arrangement.

19.2 If We requires access to Your premises for the purpose of installation or for any other purposes associated with the Service, You must ensure safe access.

19.3 You will indemnify Us and must pay for any liability incurred and any loss suffered by Us relating to the installation of the Service.

19.4 We will decide the most appropriate physical and technical means to employ in the installation of the Service.

19.5 In order for Us to provide the You with internet service, You must ensure that Your Personal Computer (PC) meets the minimum requirements (Pentium 166 with 64MB of RAM and an ethernet network card running Windows 98 or later and Internet Explorer 5.5 or later) to effectively facilitate the Service. If the Your computer does not meet the minimum requirements, You are liable for the costs associated with installation.

19.8 If there is any delay to the installation date as set out by Us as a result of Your actions or unavailability, We will begin the service billing cycle from the date You have been notified of the service installation.

19.9 In the event that You choose a self-installation option, You are responsible for installation and take full responsibility for the risk associated with the installation.


20.0 Internet Services
20.1 You agree to allow Us to monitor the use of the Service.

20.2 You are responsible for ensuring that the PC that the Service will be used on meets the minimum requirements as set out in 19.5.

20.3 You give permission for Us to install the Service on the premises. If You are not the owner of the premises, You are responsible for obtaining permission for Us to install the Service from the owner of the premises

20.4 You are liable for all fees and charges associated with the use of the Service, in accordance with parts 6 and 7 of this Agreement.

20.5 It is Your responsibility to keep Your account information, password, data and Equipment secure.

20.6 You must not connect any unauthorised equipment to the Service.

20.7 In some locations the Service works through the telephone line and in such instances the Service can sometimes affect the telephone line meaning that you may not be able to access your Service or your telephone service from time to time.

20.8 We have chosen to structure the Charges so that all monthly access fees are payable in advance and any additional usage charges are payable in arrears. Other fees and charges are payable on request.

20.9 The risk of any equipment associated with the Service is with You.

20.10 In relation to any equipment supplied to but not sold to You by Us, You are not authorized to:
20.10.1 Sell the equipment
20.10.2 Give a third party possession or use of the Equipment without Our prior consent.


21.0 Oz Study Smart Phone Services
21.1 In an apartment fitted with an Oz Study Smart telephone handset, the Property Manager may at its absolute discretion negotiate with Us to include a live phone line and a component of outbound call traffic with the apartment lease. In such instances and upon activation of the Restricted Phone Service at the commencement of Your lease, the handset will be restricted to accept and carry:
21.1.1 Inbound: all inbound calls
21.1.2 Outbound: emergency calls (subject to Clause 22), internal property calls, calls to the office of the Property Manager within that property, calls to Us on Our 1300 number as provided on the Application Materials and those call types and call volumes as negotiated to be included with the apartment lease by the Property Manager and as detailed in information provided by them or Us to You.

21.2 Where a component of outbound call traffic has been included with the apartment lease, You may still make Application for a Full Service Phone. Upon acceptance by Us of Your Application, the component of included call traffic still applies to your account and restrictions on call types and volumes are removed.

21.3 Where a component of outbound call traffic has been included with the apartment lease on a Restricted Phone Service or Full Service Phone, that call traffic is provided on a calendar month basis. Any unused call traffic in any calendar month does not carry forward.

21.4 Where a predefined monthly volume of a given call type is included with the apartment lease on a Restricted Phone Service and that volume is reached within the calendar month, We shall suspend access to that call type until the monthly reset on the first day of the subsequent calendar month.

21.5 If You have successfully made Application for a Full Service Phone, You are liable for Charges for call traffic in line with the rates provided with the Application Materials or as per updated rates as provided by Us to You for call volumes and call types above and outside any component of included call traffic.

21.6 Where a handset is supplied by Us for use by You, You agree to be bound by the terms set out in Clause 14 of this Agreement.


22.0 Emergency Services
22.1 You acknowledge and agree that:
21.1.1 all Oz Study Smart VoIP phone Services support access to emergency call services (000 or other emergency service telephone numbers) but the Service will not be available in the event of a power failure;
21.1.2 an Oz Study Smart VoIP phone service is not a substitute for a standard (PSTN) phone service and it is recommended that You maintain an alternative telephone service (mobile or PSTN) to ensure that You have ongoing access to 000 and other emergency call services;
21.1.3 We are not liable to You for any loss or damage You suffer or for any costs, expenses or charges You incur arising from any inability to access emergency call services at any time; and
21.1.4 We will make all reasonable efforts to pass on Your service address details as set out in your Application when calling emergency service organizations however We make no promise to do such. It is Your responsibility to ensure that Your service address information is current.