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TIMES TELECOM AUSTRALIA
PTY LIMITED
RESIDENTIAL STANDARD TERMS AND CONDITIONS FOR Times Telecom TELEPHONY
PRODUCTS
1 PROVISION OF SERVICES
1.1 Times Telecom will provide a Service to a Customer if:
(a) the Customer requests Times Telecom to provide it with the Service
by completing an Application Form in writing, over the telephone or via
the Internet;
(b) the Customer satisfies the Credit Requirements;
(c) the Customer has completed, and submitted to Times Telecom, a valid
Direct Debit Authorisation which has been approved by the financial institution
providing the direct debit service and/or has been otherwise approved
by Times Telecom; and
(d) the Customer is able to call the Times Telecom Number using an untimed
local call.
1.2 Times Telecom reserves the right to suspend the provision of any of
the Services or terminate this Agreement without notice and without liability
to the Customer if:
(a) the Customer fails to have sufficient funds or credit in the Nominated
Account to satisfy any Outstanding Amount;
(b) the Outstanding Amount exceeds $50 at any time;
(c) the Customer fails to comply with the Reasonable Use Policy;
(d) Times Telecom is required or advised to do so by any Government Agency
or under any relevant Law;
(e) it is necessary to carry out maintenance or to rectify any failure
in relation to a Service, as determined by Times Telecom in its sole discretion;
or
(f) if any carrier or carriage service provider suspends or terminates
network services to Times Telecom which are necessary to provide the Services
to the Customer and Times Telecom has not arranged alternative network
services.
1.3 The Customer acknowledges that Times Telecom does not warrant that
the Service will be uninterrupted or error free.
2 CHARGES AND PAYMENT
2.1 The Customer must pay the Charges for the provision of a Service by
Times Telecom.
2.2 Times Telecom may increase the Charges in a Pricing Plan at any time
upon the giving of 2 days notice of its intention to do so.
2.3 Times Telecom will allow the Customer online access to a Statement
of Account at/on the Times Telecom Website which shall be updated daily
. The Customer may elect in writing to receive a Statement of Account
in paper format.
2.4 Each Statement of Account will set out:
(a) all Charges incurred by the Customer for the calendar month the subject
of the Statement of Account;
(b) a list of all numbers dialled during the calendar month the subject
of the Statement of Account; and
(c) the Outstanding Amount for the calendar month the subject of the Statement
of Account.
2.5 The Outstanding Amount will be deducted by Times Telecom from the
Nominated Account:
(a) each calender month on a date nominated by Times Telecom;
(b) if the Customer accrues and Outstanding Amount of more than $50; and
(c) on termination or expiration of the Agreement for any reason whatsoever.
2.6 The Customer is not permitted to accrue an Outstanding Amount of more
than $100 unless the Customer and Times Telecom have agreed otherwise.
2.7 Subject to clause 2.8, Times Telecom reserves the right to include
in the calculation of the Outstanding Amount for a particular month Charges
for any calls that have not previously been charged regardless of the
date that the calls were made.
2.8 Times Telecom will not include in the calculation of the Outstanding
Amount Charges for calls made more than 190 days prior to the date Times
Telecom calculates the Outstanding Amount except in the following circumstances:
(a) where the delay in charging is due to Charges being suspended while
under dispute;
(b) where the delay has been previously agreed by the Customer and Times
Telecom;
(c) the late billing of Charges due to Customer initiated changes;
(d) the late billing of Charges due to Numbering Plan changes consistent
with a numbering plan made under s455 of the Telecommunications Act 1997
and one-off network infrastructure changes in which cases the effected
Customers must be prior notified; or
(e) where the delay in charging is of the kind described in clause 8.1
2.9 The Customer must ensure that the Nominated Account contains sufficient
funds or credit to satisfy any Outstanding Amount.
2.10 If there are insufficient funds or credit in the Nominated Account
to satisfy the Outstanding Amount, the Customer will be obliged to pay
interest calculated daily on the balance of the Outstanding Amount which
remains unpaid until it is paid in full. The applicable rate of interest
will be the Reserve Bank’s Official Cash Rate (as published in the
Australian Financial Review) plus 5%.
3 USE OF THE SERVICE
3.1 The Customer is liable for all Charges, irrespective of whether use
of a Service was authorised by the Customer or not.
3.2 The Customer must comply with the Access Requirements for a particular
Service and the Reasonable Use Policy at all times.
3.3 The Customer must not re-sell or attempt to re-sell any Services to
any person.
4 CREDIT CHECKS
4.1 The Customer consents to Times Telecom:
(a) obtaining a credit report from a credit reporting agency containing
personal information (as defined in the Privacy Act 1988 (Cth); and
(b) disclosing personal information of the Customer to a credit reporting
agency,
for the purpose of reviewing an application for credit as permitted under
the Privacy Act 1988 (Cth).
5 TERM
5.1 The term of this Agreement commences on the date upon which Times
Telecom accepts the Customer’s request for Services and continues
until terminated in accordance with clause 1.2 or clause 7.1.
6 LIABILITY
6.1 To the extent permitted by law all terms, conditions, warranties,
undertakings, inducements and representations whether express, implied,
statutory or otherwise relating in any way to the Services or Times Telecom’s
obligations under this Agreement are excluded.
6.2 To the extent permitted by law, Times Telecom excludes all liability
to the Customer for any costs, loss, liability or damage arising (whether
in contract, tort, under statute or otherwise) out of Times Telecom’s
or its agents’ performance or failure to perform or delay in performing
its obligations under this Agreement (including as a result of any negligence
of Times Telecom or its agents) including but not limited to liability:
(a) for any economic loss or damage, including, but not limited to, any
loss of revenue, profits, actual or potential business opportunities,
contracts or anticipated savings or profits;
(b) for any direct, indirect or consequential loss; and
(c) arising from the acts or omissions of any carrier or carriage service
provider other than Times Telecom, or from the failure of, or fault or
defect in any other service, network, facilities, or equipment of any
carrier or carriage service provider comprised in the Service.
6.3 Where any Act or applicable legislation (including but not limited
to the Trade Practices Act 1974 (Cth)), implies into this Agreement any
term, condition or warranty and that term, condition or warranty is precluded
from being excluded from this Agreement, the liability of Times Telecom
for a breach of any such term, condition or warranty shall be limited
to the extent permitted by law, at the option of Times Telecom to:
(a) in the case of goods:
(i) the replacement of the goods;
(ii) the repair of such goods;
(iii) the payment of the costs of replacing the goods; or
(iv) the payment of the costs of repairing the goods; and
(b) in the case of services,
(i) the supplying of those services again; or
(ii) the payment of the costs of having those services supplied again.
6.4 The Customer indemnifies Times Telecom and its employees, contractors
and agents for any costs, expenses, loss or liability directly or indirectly
suffered or incurred by Times Telecom or its employees, contractors or
agents arising from the Customer’s breach of this Agreement or the
Customer’s use of the Services.
7 TERMINATION
7.1 Subject to clause 7.2, either party may terminate this Agreement without
notice at any time for any reason without liability.
7.2 Upon expiration or termination of this Agreement for any reason whatsoever,
Times Telecom may immediately obtain payment in accordance with clause
2.5 of any amounts due and payable as at the date of termination of the
Agreement.
8 GENERAL
8.1 Times Telecom will not be responsible for any delay or failure to
perform any obligation under this Agreement where this is caused directly
or indirectly by acts beyond its control including but not limited to
acts of God, wars, strikes, natural disasters, failures of any other carrier
and network operator's services, technical failure, transmission and/or
satellite failure or degradation and interruptions to power supply.
8.2 The Customer may not assign its rights under the Agreement with Times
Telecom without the prior written consent of Times Telecom.
8.3 This Agreement is governed by the laws of New South Wales and Australia.
9 NOTICE
9.1 Times Telecom may give notice in any form including but not limited
to by posting the notice on the Times Telecom Website or sending the notice
to an electronic address nominated by the Customer.
10 INTERPRETATION
10.1 Definitions
In this document:
“Accepted Credit Cards” means credit cards accepted by Times
Telecom for payment from time to time.
“Access Requirements” means the requirements for the Customer
being able to access the Services as described on the Times Telecom Website
or as provided by Times Telecom on request.
“Agreement” means the agreement between Times Telecom and
the Customer for the provision of Services which comprises the Residential
Standard Terms and Conditions, the Application Form and any other document
incorporated by reference or agreed in writing between Times Telecom and
the Customer.
“Application Form” means the Customer’s application
to Times Telecom to be provided with a Service by Times Telecom in the
form and format set out on the Times Telecom Website or as provided by
Times Telecom on request.
“Charges” means the charges incurred by the customer calculated
in accordance with the Pricing Plan as varied from time to time.
“Credit Requirements” means Times Telecom’s credit worthiness
requirements for the Customer, as determined in Times Telecom’s
sole discretion.
“Customer” means the person named in the Application Form
as the Customer.
“Direct Debit Authorisation” means the document authorising
payment of Charges from the Customer’s Nominated Account and which
must be completed by the Customer to obtain a Service.
“Law” means any applicable Commonwealth or State statute,
ordinance, code or other law including regulations and other instruments
under them; or any code of practice, guidelines or standard issued by
relevant regulators or industry bodies, whether or not having the force
of the law in Australia.
“Nominated Account” means the savings, cheque or Accepted
Credit Card account nominated by the Customer for payment of the Charges..
“Times Telecom” means Times Telecom Telecommunications Limited
ACN 073 238 178 of Level 40/285 Bourke Street , Melbourne, Vic, 3001
“Times Telecom Number” means the Times Telecom number which
allows the Customer to gain access to a Service.
“Times Telecom Website” means the collection of web pages
related in some manner and interconnected via links within the URL [http://www.timestelecom.com.au]
or [http://www.timestelecom.com.au]
“Pricing Plan” means the pricing plan for a Service described
on the Times Telecom Website or as provided by Times Telecom on request.
“Outstanding Amount” means any amount which is due and payable
by the Customer to Times Telecom pursuant to the terms of this Agreement.
“Reasonable Use Policy” means the policy for the use of the
Services described on the Times Telecom Website or as provided by Times
Telecom on request.
“Residential Standard Terms and Conditions” means the standard
terms and conditions applying to residential Customers set out in this
document.
“Service” means each of the telephony services described on
the Times Telecom and Times Telecom Websites or as provided by Times Telecom
on request..
“Statement of Account” means a statement of account in the
form and format specified in clause 2.4.
10.2 In this Agreement:
(a) a reference to any agreement or document is to that agreement or document
(and, where applicable, any of its provisions) as amended, novated, supplemented
or replaced from time to time;
(b) a reference to any party to the Agreement or any other document or
arrangement includes that party’s executors, administrators, substitutes,
successors and permitted assigns;
(c) all prices quoted are GST inclusive; and
(d) a reference to “dollars” or “$” is a reference
to Australian currency.
REASONABLE USE POLICY
The Times Telecom Reasonable Use Policy ensures that Times Telecom is
able to provide quality service to all its customers and that none of
its customers are disadvantaged by the conduct of others. The intention
of this policy is to ensure that those products offered under the Times
Telecom banner by Times Telecom that have capped charges for certain calls
are purchased for genuine use of the Customer only and are not abused
in such a manner as to jeopardise the continued use of those products
by all Times Telecom customers.
11 The Customer must not make unreasonable use of a Service.
12 If Times Telecom determines that the Customer is making unreasonable
use of a Service, Times Telecom may request the Customer to alter their
use of that Service.
13 If the Customer continues to use a Service unreasonably, Times Telecom
reserves the right, by giving the Customer not less than 7 days’
notice in writing, to cease to supply to the Customer the Service.
14 Times Telecom currently considers unreasonable use to include making
regular phone calls in excess of 2 hours duration.
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