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Terms & Conditions
Terms & Conditions
MY TELECOM HOLDINGS PTY LTD HOMESAVER TERMS AND CONDITIONS – Version 4.3
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 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 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.
“Broadband Internet Services” means the provisioning of access to the public internet.
“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.
“Data Transmission Speeds” means maximum achievable downstream/upstream speeds.
“Equipment” means the IP Telephone and all associated hardware.
“FLAGFALL” means a one off cost incurred for the connection of a mobile phone call.
“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.
“HomeSaver” means voice, data and other services of My Telecom delivered to high-density,
multi-storey residential apartment buildings.
“HomeSaver Access” means residential
home phone services provided using prefix (1428)
or preselection mechanisms.
“Link” means the line or means of connectivity between the customer and My Telecom’s
network.
“Low Activity” refers to HomeSaver Access accounts with no Access Plan and an average
monthly spend of less than $15 over a 12 month period.
“MB” means one million bytes.
“Minimum Total Plan Cost” means monthly fee plus establishment fee over the plan
Contract period.
“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.
“Terminated” has a corresponding meaning as Termination.
“Termination” means termination of the agreement under clause 5.
“Voice Services” include the provisioning of a Cisco IP 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 My Telecom will endeavour to 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. Where applicable,
the Customer is assigned a dynamic IP address unless otherwise specified. Extra
charges will apply for a static IP address.
2.2 My Telecom agrees to provide the service only when the Customer signs the Home
Saver Application Form but reserves the right to refuse to accept a Residential
Broadband Internet or Phone Communications Home Saver 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. If the variation in service will cause a detriment to the customer we
will notify the customer by way of advertisement or via direct correspondence.
2.4 All speeds described in relation to broadband services are the maximum speed
achievable on a plan at any given time. Speeds may vary depending on plan selected,
internet traffic, server capacity and other factors.
2.5 The services provided to the Customer by My Telecom are provided for a particular
purpose. The Customer must only allow the service to be used for that purpose. My
Telecom will assume no liability for adverse consequences arising out of the use
of services for an unintended purpose.
2.6 The Customer is responsible for and is required to pay for the use of any service,
whether the customer authorises it or not. This includes any individuals other than
the Customer who use the service. This also includes instances where the customer
leaves the premises and fails to disconnect the service which is subsequently used
by later occupants. In the latter instance, the Customer will be jointly and individually
liable with the subsequent occupants for charges relating to the use of the service.
2.7 My Telecom does not promise to monitor the Customer’s service for excess or
unusual usage. My Telecom can suspend or cancel the Customer’s service if it is
used in an excessive or unusual way, but does not promise to do so. If My Telecom
suspends or cancels the Customer’s service, the Customer is still liable for any
charges incurred for any excessive or unusual usage.
2.8 The Customer acknowledges My Telecom as the sole billing party in relation to
the Service of the Customer. If a customer attempts to preselect another service
provider in any way during the period of this agreement or while using My Telecom
carriage, My Telecom will continue to remain the billing party notwithstanding the
intention of the Customer.
3.0 Duration
3.1 This Agreement shall commence from the date that the Customer signs the Home
Saver Application Form.
3.2 This Agreement shall continue unless and until terminated in accordance with
the provisions of this Agreement and the contract term length as indicated on the
Home Saver Application Form. Early termination charges apply, refer 5.4.
4.0 Commencement of Services and Transfer in of Accounts
4.1 It is the sole responsibility, financial and otherwise of the Customer to deactivate,
terminate, divert and all other actions relating to telephone or internet services
provided by other suppliers prior to entering or during an agreement with My Telecom.
4.2 The provision of services and the billing cycle commence upon activation of
the service by My Telecom regardless of any delay caused by the Customer including
but not limited to delay in the installation date as set out by My Telecom.
5.0 Termination
5.1 This Agreement may be terminated by either party by the provision of thirty
(30) days notice in writing to that effect.
5.2 My Telecom may immediately terminate this agreement by notice to the Customer
if;
5.2.1 The Customer has breached this agreement;
5.2.3 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, 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 The Customer may migrate to another Plan during the term of the Contract without
charge by giving My Telecom written notice. The new plan will take effect from the
first day of the following calendar month. Changing plan does not shorten or nullify
the Contract.
6.0 Fees and Charges
6.1 The Customer hereby agrees to pay the fees and charges for the services provided
by My Telecom included but not limited to the Minimum Total Plan Cost and any excess
charges specified on the Home Saver Application Form (hereinafter referred to as
‘the charges’).
6.2 Upon activation of services, My Telecom will issue the Customer 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 My Telecom will bill the Customer 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 the Customer will not
be carried forward beyond the month in which it became available.
6.5 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 the Customer any
notice.
6.6 My Telecom reserves the right to issue the Customer with an interim account.
Where My Telecom exercises this right, My Telecom will make contact with the Customer
to arrange immediate settlement of the 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 may charge to My Telecom (including increases
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. 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.
6.8 In the instance a customer wishes to downgrade their monthly broadband or
home
phone service plan (to a lesser priced plan), a transfer fee of $29 applies.
6.9 On any HomeSaver Access account identified as Low Activity, a monthly account
keeping fee of $3.50 may be charged.
7.0 Payment
7.1 All HomeSaver 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 HomeSaver Application
Forms.
7.2 By providing My Telecom with your Credit Card or Direct Debit details for the
purposes of paying for the Service, we may:
7.2.1 charge all fees 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 on the Application
Form;
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 My Telecom may vary the frequency of the issue of Statements of Usage upon giving
the Customer fourteen (14) days written notice.
7.4 Where an interim account is issued to the Customer pursuant to clause 6.6, the
Customer agrees to My Telecom processing the payment of this account whether via
their 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 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 without further notice pursuant
to the issue of a Statement of Usage. It is the Customer’s 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 My Telecom reserves the right to seek a bond from a Customer reconnecting after
service suspension resultant of declined transaction and to charge a reconnection
fee. My Telecom will only reconnect Customers after all outstanding amounts have
been settled.
7.8 If, in the reasonable opinion of My Telecom, a Customer poses a credit risk
to My Telecom for those charges billed in arrears as defined in 6.3, My Telecom
may seek a Bond from that Customer 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 My Telecom’s right to issue an interim account as prescribed in 6.6.
7.9 The Customer can not proceed to pay a liability incurred to My Telecom with
an account different to the account specified on the HomeSaver Application Form
without the prior consent of My Telecom. They may only pay their liability with
the account which they have nominated for the purpose of Direct Debit or with the
specified Credit Card.
7.10 If the Customer who has agreed to pay via Direct Debit or Credit Card proceeds
to pay for their service with an account which they have not disclosed to My Telecom,
My Telecom will take this payment as an implied consent by the Customer to give
My Telecom the authority to use the funds from that account or Credit Card in settlement
of the debt.
7.11 If a HomeSaver account is 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, My Telecom, 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 including but not limited to Monthly
Line Rental and Monthly Internet Access Fees; and
7.11.2 refund to the nominated account any non-fixed amounts including but not limited
to call carriage charges, establishment charges and hardware purchases.
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, the Customer must notify My Telecom
of the dispute in writing and will be obliged to make payment of all charges without
deduction if not already processed via Direct Debit or Credit Card. My Telecom 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
My Telecom; or
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 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.
10.0 Personal Information
10.1 My Telecom is entitled to collect personal information about the Customer in
accordance with the Privacy Act 1988, the Telecommunications Act 1997 and related
legislation. The Customer may obtain further information from the My Telecom Privacy
Awareness Statement. This Policy is available to the Customer by request or at www.mytelecom.com.au.
10.2 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. The Customer agrees that this
clause shall apply to applications for personal or commercial credit.
10.3 The Customer authorises My Telecom to allow the Credit Reporting Agency to
create or maintain a credit information file containing information regarding the
Customer.
11.0 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 or otherwise achieve Data Transmission Speeds.
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 My Telecom is not liable to the customer in contract, tort (including negligence)
or otherwise for any loss or damage.
11.5 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.
11.6 The Customer hereby warrants that it is a named party to the lease of the residence
to which My Telecom agrees to supply services.
11.7 The Customer hereby 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;
11.7.1 faults or defects in services caused by the Customer’s own incorrect use,
misuse or misconduct connected with the services provided to My Telecom;
11.7.2 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.
11.8 The Customer agrees that My Telecom have no liability to the Customer 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
My Telecom’s 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 the consent of My Telecom to Services
which My Telecom has arranged under this Agreement) which are due to incompatibility
with the Service.
11.9 My Telecom does not waive any of its rights under this agreement merely because
My Telecom does not exercise them, or there is a delay in our exercising of them.
12.0 Transfer out of a Customer Account
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 Services to another supplier.
12.1.2 Pursuant to 7.2.4, My Telecom will process any Cancellation Charges owing
immediately upon receipt of notice of account termination/transfer from the Customer.
12.1.3 The provision of services by My Telecom ceases immediately once the Customer’s
accounts are transferred to the Other Supplier, except in cases where contract periods
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 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.
12.3 My Telecom will credit the Customer with 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.
12.4 The Customer may transfer the account to another person if that person takes
over lease of residence to which My Telecom agreed to supply services by the signing
and acceptance by My Telecom of a Home Saver Application Form from that person as
outlined in clause 2.2.
13.0 Use of Network
13.1 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.
13.2 My Telecom will install/enable the Service to the Customer residence to a single
point that is pre-determined by the building cabling configuration. My Telecom has
the final decision on the installation such as the position of any connection point
or cable. If the Customer requires additional points of connectivity additional
costs may be incurred.
13.2 My Telecom reserves the right to limit or suspend any service to perform periodic,
routine or any other necessary network maintenance.
13.3 My Telecom reserves the right to suspend the service of a customer 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 My Telecom’s Acceptable Use Policy (including
because the customer has inadequate capacity).
13.4 The customer has to make sure that no-one interferes with the operation of
a service or makes it unsafe.
13.5 My Telecom reserves the right to slow access speeds on all HomeSaver Broadband
plans to a nominated throttled speed after that plan has reached its predetermined
download limit in line with the published limits and accounting periods on the HomeSaver
Application Materials.
13.6 HomeSaver Access Phone Services are available by dialling the 1428 access code
before the destination number and are available only to customers with a live standard
home phone line with International Direct Dialling (IDD) privileges.
14.0 Equipment Supplied by My Telecom
14.1 It is agreed between the parties that where My Telecom 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; and
14.1.4 should the equipment supplied by My Telecom for use by the Customer not be
returned or be returned in a damaged condition, the Customer is liable to pay the
then current replacement cost of that equipment.
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
single master DHCP server per apartment complex. Before a customer installs or activates
a DHCP server, the customer must make contact 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 return all of My Telecom’s
equipment, or make it available for collection or pay the replacement cost per 14.1.4.
15.0 Number Portability
15.1My 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
and Media Authority Numbering Plan and in line with then current Local Number Portability
(LNP) guidelines.
15.3 My Telecom will assume no liability to the Customer 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 the Customer and My Telecom in the Home
Saver 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;
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 My Telecom will endeavour to install the service by the date requested. This
may not always be possible and My Telecom reserves the right to change a previously
made arrangement.
19.2 If My Telecom requires access to premises for the purpose of installation or
for any other purposes associated with the service, the Customer must ensure safe
access to the premises.
19.3 The Customer will indemnify My Telecom and must pay for any liability incurred
and any loss suffered by My Telecom relating to the installation of the service.
19.4 My Telecom will decide the most appropriate physical and technical means to
employ in the installation of the service.
19.5 In order for My Telecom to provide the Customer with internet service, the
Customer must ensure that their Personal Computer 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 Customer’s computer does not meet the minimum requirements, the Customer
is liable to
My Telecom for the costs associated with installation.
19.8 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
service billing cycle from the date the customer
has been notified of the service activation.
19.9 In the event that the Customer chooses a self-installation option, the Customer
is responsible for installation and takes full responsibility for the risk associated
with the installation.
20.0 Internet Services
20.1 The Customer agrees to allow My Telecom to monitor the use of the service.
20.2 The Customer is 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 The Customer gives permission for My Telecom to install the Service on the
premises. If the Customer is not the owner of the premises, the Customer is responsible
for obtaining permission for My Telecom to install the Service from the owner of
the premises
20.4 The Customer is 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 the responsibility of the Customer to keep their account information,
password, data and Equipment secure.
20.6 The Customer must not connect any unauthorized 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 fees are payable
in advance and any additional megabyte 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 the Customer.
20.10 In relation to any Equipment supplied to but not sold to the customer by My
Telecom, the customer is 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 Emergency Services
21.1 You acknowledge and agree that:
21.1.1 all HomeSaver 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 a HomeSaver 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 My Telecom is 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 My Telecom will make all reasonable efforts to pass on your service address
details as set out in your Application Form when calling emergency service organizations
however makes no promise to do such. It is your responsibility to ensure that your
service address information is current.