TERMS & CONDITIONS
1. About these terms
1.1. This is Red Telecom’s standard customer terms for the purpose of section 479 of the Telecommunications Act 1997, which set out the standard terms for all of Red Telecom’s customers.
1.2. Capitalised defined terms are set out in the Dictionary at the end of these Customer Terms.
1.3. The Order Specification includes the specific features of a Service that Red Telecom provides to you.
1.4. The Rate Sheet sets out the Charges that apply to your use of the Service, including details of your Plan.
1.5. A copy of the latest Customer Terms, Order Specification, Maintenance Service Schedule and Rate Sheet are available from Customer Services.
1.6. Any terms referred to specifically as ‘TCP’ terms apply only to those who are TCP Customers.
2. Your Agreement
2.1. Your Agreement with Red Telecom comprises the following documents provided to you, or to which you have access:
(a) These terms;
(b) Business Application Form(s);
(c) Order Specification;
(d) Maintenance Service Schedule; and
(e) Rate Sheet.
2.2. If there is any inconsistency between these Terms and any other part of the Agreement, the Customer Terms will prevail unless otherwise stated. The rights and obligations under the Agreement are subject to the TCP Code.
2.3. The Agreement commences on the date your Business Application Form is accepted by Red Telecom and it notifies you accordingly.
2.4. The Service under the Agreement will be provided to you from the Service Start Date.
2.5. Duration of Service:
(a) Services will be provided to you in accordance with your Business Application Form. On expiry of any Service Term for a Service, that Service will continue to be supplied on a month-to-month basis, unless you or Red Telecom terminates the Service in accordance with the Agreement.
(b) Fixed Term Services are provided as follows:
1. Red Telecom will provide the Service/s to you in accordance with the Agreement for the Service Term, or until the Service is terminated in accordance with clause 13.
2. If neither party terminates the Service at the end of the Service Term, or in accordance with clause 13, as the case may be, sub-paragraph (a) above will apply.
(c) If the network term is omitted from the Business Application Form (‘BAF’) then the parties agree that the network contract term shall be the same as the term of the accompanying equipment rental agreement as indicated on the Order Specification, Rate Chart or the rental agreement itself.
2.6. Peak & Off-peak
(a) A Plan may specify certain days and/or times as ‘Peak’ or ‘Off-peak’ and different Charges, entitlements or terms may apply in Peak and Off-peak periods, details of which will be in the Plan.
2.7. Red Telecom may from time to time publish Fair Use Policies for a Service or Plan, which you are required to comply with. A Fair Use Policy aims to protect Red Telecom’s customers from unacceptable, unreasonable or excessive use of a Service. You must also comply with any applicable Fair or Acceptable Use Policy from Red Telecom’s Suppliers.
2.8. You must ensure you do not use a Service for the purpose of supporting:
(a) Substantial carrier or service provider data aggregation applications that result in substantial and continuous network throughput; or
(b) Connections for the purpose of providing or enabling carrier or service provider interconnection.
2.9. Finance contracts, including any Rental Agreements or Lease Agreements, are entirely separate legal contracts to any Network Agreement with Red Telecom. By entering into one or the other, or both, you are acknowledging that they are separate contracts and that one may exist without the other. Your Finance Agreement is between you and the nominated finance provider. The Network Agreement is between you and Red Telecom. The obligations under each are entirely separate and do not relate to one another. Any issues related to network services, system programming or installation do not affect the validity or operation of the Finance Agreement. Red Telecom is not liable under any circumstances to terminate or pay out your Finance Agreement.
3. Changing the Agreement
3.1. Red Telecom may, on giving you not less than 30 days’ notice, make changes to the terms and conditions of the Agreement, or any part of it, as set out in this clause.
3.2. Red Telecom may increase Charges for a Fixed Term Plan if:
(a) The charge relates to international services and/or roaming; and/or
(b) The charge is required by law or it relates to a fee or a charge to account for a tax imposed by law; and/or
(c) You are on a zero plan fee or discounted plan fee. In this case, Red Telecom reserves the right to increase the plan fee to match the monthly equipment rental amount that was in place as soon as the original network contract term expires.
3.3. Where you acquire products and/or Services from Red Telecom together in a Bundle and, due to circumstances beyond Red Telecom’s control, one or more components of the Bundle is/are not able to be supplied either at all or as you ordered, then:
(a) Red Telecom can decline to supply that particular component, and
(b) You are not entitled to cancel the purchase of the remainder of the Bundle.
3.4. Notwithstanding any other provision of this clause, you acknowledge and agree that Red Telecom is not obliged to give you notice of the following, nor will any of the following entitle you to terminate the Agreement and/or any Service:
(a) Changes in law, urgent changes for security reasons, and/or changes by a Supplier to their Services (including an increase in Charges);
(b) Due to technical, operational and/or commercial reasons, the Network Service (or any part thereof) may not be able to be supplied error free or at all or without delay or interruption (whether such delay or interruption occurs in connection with the provisioning of the Network Service or at a later time).
3.5. You further acknowledge that where Red Telecom gives you notice of any one or more matters in clause 3.5, Red Telecom will not be liable to you for any loss, damage and/or outgoing you may suffer from, or arising out of, any act or occurrence for which you are given notice under clause 3.5.
3.6. Customer changes
(a) You cannot make any changes to the Agreement without Red Telecom’s prior written consent.
3.7. Customer transfers
(a) Transfer to Red Telecom:
1. If you wish to transfer your Services from another Supplier (‘Previous Supplier’) to Red Telecom, it is your responsibility to determine whether your contract with your Previous Supplier imposes any restrictions, costs or associated charges in actioning any transfer.
2. Unless otherwise agreed in writing, Red Telecom does not accept any liability for any amounts owing by you to your Previous Supplier and you must indemnify Red Telecom and hold it harmless against any such claim made by your Previous Supplier.
3. You acknowledge that Red Telecom is not responsible for any ongoing Charges payable to your Previous Supplier while that Supplier completes the transfer to Red Telecom.
4. By making an application to transfer your Service, you instruct and authorise Red Telecom and/or Red Telecom’s Partners to:
i. Contact your Previous Supplier about your Service;
ii. Act on your behalf with your Previous Supplier and make arrangements to transfer the Services to Red Telecom, which will transfer the provision of your Services to Red Telecom or its Suppliers.
5. You agree to do the following
i. On request, provide written instructions to your Previous Supplier to transfer your Service to Red Telecom or Red Telecom’s Suppliers;
ii. Pay your Previous Supplier all amounts owing for Services immediately including alteration of Service charges, which your Previous Supplier may demand up to the time of transfer of your account;
iii. Within 7 days of a request by Red Telecom or its Suppliers, provide a written list of all amounts you presently owe to your Previous Supplier for its Services and include details of any amounts which are in dispute between you and your Previous Supplier;
iv. Authorise Red Telecom or its Suppliers to resolve all disputes about charges and agree to settle all disputes with your Previous Supplier in accordance with such a resolution, authorising Red Telecom or its Suppliers to immediately pay your Previous Supplier on your behalf;
v. To indemnify and promptly reimburse Red Telecom or its Suppliers for any amount Red Telecom or its Suppliers are required to pay or credit to your Previous Supplier;
vi. To indemnify Red Telecom and its Suppliers for any loss or damage suffered as a result of failing to obtain the authorities or acknowledgements as set out above.
vii. If your Previous Supplier credits Red Telecom or its Supplier(s) with any amount in relation to the transferred Services, Red Telecom or its Supplier will credit that amount to you.
6. In relation to the provision or transfer of broadband services by Red Telecom including ADSL or NBN, Red Telecom may provide you a new service or transfer your existing service. It is your responsibility to promptly cancel any services with your old provider as required. Red Telecom is not liable for any continued charges related to a service that you have failed to cancel promptly or at all.
7. You hereby authorise Red Telecom or its Suppliers to make the necessary configuration changes to the relevant Equipment under this Agreement.
(b) Transfer from Red Telecom:
1. If you transfer a Service that has been supplied by Red Telecom or its Partners to another Supplier, you must make written application on Red Telecom’s prescribed forms (if any), and pay Red Telecom:
i. any Charges Red Telecom applies to such transfers; and
ii. any Charges that accrue before the date of completion of the transfer; and
iii. an amount equal to the value of Charges for the remainder of the duration of any term under your Plan(s).
2. Red Telecom will cease to provide your Services on the date on which your Services are transferred to another Supplier.
3. Red Telecom reserves the right in providing refunds of credits you have accumulated during your time with Red Telecom. If you churn away from Red Telecom with credit left on your account relating to goodwill or incentives, you will forfeit this credit (some exceptions apply).
4. Application requirements
4.1. Details of your Services are set out in the Order Specification.
4.2. Application for Service
(a) You must comply with the terms of any application form Red Telecom requires you to complete in order to be eligible to be provided with the Services.
(b) You must provide to Red Telecom, to the best of your ability, information which is substantially correct, complete and not misleading.
4.3. Processing an application
(a) Red Telecom may reject your application for any reason, including:
1. You do not provide sufficient proof of identification;
2. You do not meet the eligibility criteria;
3. The service is not available at the required location;
4. You do not have an appropriate credit rating;
5. You do not provide all of the information or other assistance required to provide you with the Services; or
6. Red Telecom otherwise decides, in its sole discretion, not to accept your application.
(b) In processing your application, Red Telecom may make enquiries including obtaining credit information in accordance with clause 10.3 and contacting your existing Supplier to port your Service (if applicable). You authorise Red Telecom to make these enquiries and agree to provide any reasonable assistance Red Telecom requires to do so.
(c) You acknowledge that if you take any step such as terminating a Service from another supplier before obtaining confirmation from Red Telecom that your application has been accepted, you do so at your own risk.
4.4. Relevant dates
(a) The date you submit your application to Red Telecom is known as the ‘Application Date.’
(b) The date Red Telecom confirms it agrees to provide the Service is known as the ‘Agreement Date’.
4.5. Providing the Service
(a) Red Telecom will commence provision of the Service as soon as reasonably practicable after the Agreement Date.
(b) Red Telecom may provide you with the Service using its Facilities and / or Facilities of a third party Partner from time to time. These Facilities are jointly known as the ‘Network’.
5. Personal information
5.1. Collection, use and disclosure of Personal Information
(b) You acknowledge that Red Telecom may share your Personal Information with a number of third party service providers and Partners for the Agreed Purposes.
(c) You agree that your Personal Information, including any applicable credit rating, will be provided to Red Telecom’s Suppliers and any other associated companies as necessary for the purposes of providing you with the Services.
6. Use of the service
(a) You agree to cooperate with Red Telecom and its Partners to allow Red Telecom to install and supply the Service to you in the best possible way. Failure to do so will entitle Red Telecom to cancel or suspend the Service pursuant to the Agreement.
(b) In relation to 6.1(a) above, this may include provision of carrier bills or invoices from a previous or current carrier in order to facilitate provisioning processes. Failure to cooperate in this regard may cause unnecessary delay in the transfer of your services to Red Telecom.
(a) Red Telecom will provide the Service to you with due care and skill. If unexpected faults and/or service interruptions arise, Red Telecom will reasonably endeavour to restore the Service as soon as possible in accordance with Red Telecom’s Maintenance Service Schedule.
6.3. Permitted uses
(a) You must comply with the following when using Services provided by Red Telecom and its Partners:
1. All applicable laws, including regulatory and other directions and notices issued under law;
2. Reasonable (in the opinion of Red Telecom) directions issued by Red Telecom or its Partners; and
3. You must also ensure you comply with any rules imposed by any third party whose content or Services you access by using the Service or any networks your data crosses.
(b) You must not use the Service in breach of any laws or regulations, including but not limited to:
i. In a manner that breaches the rights of any person;
ii. To copy, download, supply to anyone else or communicate to the public any material where you do not have permission to do so;
iii. To create, transmit or communicate materials which are deemed defamatory, obscene, pornographic, discriminatory, offensive, in breach of confidence, illegal or which may bring Red Telecom or its Partners into disrepute;
iv. To host or transmit content which contains and/or transmits and/or accesses viruses or other harmful code or data designed to interrupt, damage, destroy or limit functionality of software, hardware or communications equipment and/or facilities;
v. To send Spam, use email harvesting software or engage in conduct that transmits commercial communications and/or otherwise breaches the Spam Act 2003(Cth);
vi. In a manner that could be construed as misleading or deceptive;
vii. In a manner that results or may result in damage to property; or
viii. In any way intended to cause damage or interference with Red Telecom’s services to other customers, its Partners and/or any Facilities.
6.4. Use by others
(a) You must ensure that anyone using the Service complies with the terms and conditions of this Agreement.
(b) Unless Red Telecom appoints you in writing as a reseller or wholesale customer, you must not share, resell or resupply a Service for remuneration or reward.
(c) A person who makes use of a Service with your consent, from your premises or using your Equipment and password, is your ‘End User’.
(d) Acts and omissions of End Users with respect to your Service are your acts and omissions, and you agree to be held liable for the acts and omissions of your End Users.
6.5. Unusually high use
(a) You must use the Service in accordance with the Fair Use Policy.
6.6. Allocation of telephone numbers
(a) Red Telecom may allocate you a telephone number(s) in connection with provision of the Service.
(b) Provision of telephone numbers will be in accordance with the Telecommunications Numbering Rules which sets out rules for issuing, transferring and changing telephone numbers.
(c) Any numbers provided to you in connection with the Services are not owned by you and you have no right to retain a particular number when you are no longer provided with the Services except where you are permitted to transfer a number to another Supplier. If Red Telecom has to change or withdraw a telephone number previously allocated to you to abide by the rules of the Telecommunications Numbering Rules, you will have no claim against Red Telecom.
(d) You do not receive any legal interest or any goodwill in any phone number provided to you for use in connection with the Network or Service;
(e) You must not act in a manner which may cause a breach of the Telecommunications Numbering Rules or relocate, reassign or transfer the number for any Service except in accordance with the policies and procedures outlined by Red Telecom and its Partners, and as prescribed by legislation.
(f) Local Number Portability
Porting allows you to change your Supplier without changing your telephone number(s). In order for Red Telecom to be able to Port your number:
1. You must sign a request form provided by Red Telecom so that the Port can occur in accordance with the Local Number Portability Code.
2. You acknowledge that certain types of Services and lines cannot be Ported (for example ‘Securitel’ security lines).
3. Porting may include Charges which are set by the Supplier and are subject to change.
4. Any request to Port a number may result in your Service with your current Supplier being disconnected or terminated and you may be liable, amongst other things, to:
i. Pay Charges (including early termination fees) to that Supplier; and
ii. Perform all your obligations that arise or survive the disconnection or termination of your service with that Supplier.
6.7. IP addresses, email addresses, domain names
(a) You may be allocated IP addresses, email addresses and domain names in connection with a Service.
(b) IP addresses, email addresses, domain names and other internet identifiers (‘Identifiers’) are controlled and regulated by independent authorities who have their own rules that govern use of the Identifiers.
(c) You acknowledge you do not own any Identifiers that have been allocated to you in connection with the Service and you have no right to retain a particular Identifier when you are no longer provided with the Services, except where you are permitted to transfer it to another Supplier.
(d) Supplier requirements:
1. You acknowledge that you will use the Service as your primary link to the internet; and
2. On termination of the Service, you will immediately cease using those IP addresses and remove them from your software and hardware devices.
(e) Dynamic IP addresses
1. Unless your Service specifies a static IP address,Red Telecom or its Partners may use dynamic IP addresses that change from time to time.
2. This is network behaviour and does not constitute a reportable network fault.
3. If you require the Service to operate an internet server such as a mail server or web server you should request a static IP address. This may incur additional charges which will be discussed with you at the time you make this request.
6.8. Supplier Requirements
(a) Standard Access Attachment Circuit delivered via DSL
If the Service is delivered via a Standard Access using DSL technology on a standard analogue telephony service, you acknowledge and agree that:
1. You must be a customer of a Supplier(or a customer of a Telstra reseller) in respect of that standard analogue telephony service in order to receive the Service;
2. If you cease to be a customer of a Supplier(or a customer of a Supplier reseller) in respect of that standard analogue telephony service, Red Telecom or itsSupplier may immediately terminate the Service and apply its standard Charges, if any;
3. The installation and operation of the Service may cause temporary disruption to the standard analogue telephony service or other services received by you and Red Telecom will notify you and any relevant third parties of the potential for disruption at the relevant time;
(b) Without limiting the sub-clauses above, if any Service is delivered via a Standard Access using DSL technology, you acknowledge and agree that while Red Telecom’s Supplier will use its reasonable endeavours to deliver the Attachment Circuit Speed requested by you, the actual Attachment Circuit speed may vary according to:
1. the length of the copper line from the Site to the DSL enabled exchange;
2. the quality of the copper line between the Site and the DSL enabled exchange;
3. the DSL profile applied by Red Telecom’s Supplier to make the DSL line stable;
4. electrical interference from outside sources;
5. the nature and quality of the connection at the Site;
6. network utilisation and the number of users accessing the network at any one time;
7. your Equipment or software; and
8. websites that you visit.
(c) Red Telecom’s Supplier does not warrant that the Maximum Data Rate will be achieved. You acknowledge and agree that if the Maximum Data Rate is not achieved as a result of any of the matters referred to in(a) above, or any other matter beyond the control of Red Telecom or its Suppliers, this will not be deemed a Service fault.
(d) You acknowledge that if your existing telephone service is to be used to provide the ULLS, that telephone service will be permanently and irrevocably disconnected.
6.9. Standard Access Attachment Circuit delivered via Ethernet Bit stream
If the Attachment Circuit is delivered to you via Ethernet Bit stream, you acknowledge and agree that:
(a) The Attachment Circuit speed for the Service represents the maximum potential data rate that can be downloaded and uploaded from that Service. The actual data rate or throughput experienced by you (or any of your End Users) may vary according to:
1. network utilisation and the number of users accessing the network at any one time;
2. the nature and quality of the connection at the Site;
3. your Equipment or software; and
4. websites that you visit.
(b) Service Qualification for Standard Access delivered via DSL
If Red Telecom’s Supplier delivers Standard Access via DSL, you acknowledge and agree that you authorise Red Telecom or its Suppliers to act at the Customer authority to enable the purchases of SSS, L2IG and ULLS services from a Supplier, and to disclose such authority to other carriers in response to a request;
1. You will provide Red Telecom and its Suppliers with a valid telephone number or a service access at the Site which Red Telecom will use for service qualification purposes.
2. If Red Telecom’s Supplier cannot deliver a Service with an L2IG speed of up to 20Mbps/1Mbps or 8Mbps/384bps, Red Telecom’s Supplier will deliver the Service using the next available L2IG speed. You agree that Red Telecom’s Supplier is not liable to you for any failure to provide the Service at the 20Mbps/1Mbps or 8Mbps/384bps speed originally requested.
7.1. Customer Responsibilities
(a) It is your responsibility to ensure that any Equipment you use complies with:
1. All applicable laws, including regulatory and other directions and notices issued under law; and
2. Reasonable (in the opinion of Red Telecom) directions issued by Red Telecom or its Partners.
(b) Any breach of the paragraph above may result in:
1. Red Telecom or its Partners disconnecting the Equipment from the Services; or
2. Suspension of the Service in accordance with clause 14; or
3. Cancellation of the Service in accordance with clause 13.
(c) Red Telecom will endeavour to provide you with reasonable notice before it or its Partners take action under paragraph (b) above. In certain emergency circumstances Red Telecom may be required to take action immediately and without notice.
(a) Red Telecom’s Equipment
1. You are responsible for Red Telecom’s Equipment from the moment of receipt and you assume risk in the Equipment as from that date and at the point of delivery.
2. Red Telecom, its Partners or other third parties retain title to the Equipment as follows:
i. If the Equipment is loaned, at all times; or
ii. If the Equipment is Bundled Equipment, until expiry of the term specified in your Business Application Form, and all Charges payable in respect of such Equipment are paid in full; or
iii. If the Equipment is other than as provided for above, until full payment has been made.
3. You must not mortgage, charge, lien or otherwise encumber the Equipment owned by Red Telecom or its Partners without the prior written consent of Red Telecom.
4. Red Telecom may supply substituted or modified Equipment on occasions where stock of advertised equipment is unavailable or not suitable for the technical requirements of your situation.
(b) Equipment not provided by Red Telecom:
5. You are responsible for compliance with any relevant technical standards and requirements with respect to Equipment not supplied by Red Telecom, including those from suppliers or relevant manufacturers;
6. Red Telecom and its Partners will not be liable to you for any loss or damage or expenses incurred in relation to your use of the Equipment, except to the extent Red Telecom are grossly negligent or breach the Australian Consumer Law.
(c) Bundled Equipment:
7. Under some of Red Telecom’s Plans, you will be supplied with Equipment (e.g. a mobile handset or modem) without paying its full purchase price on delivery (‘Bundled Equipment’).
8.a. Red Telecom will to the best of its ability supply network services and equipment to the order specifications. However, this will be subject to availability. If an item or product is not available for whatever reason, Red Telecom may use its discretion to substitute the closest alternative. Acceptance of delivery is constituted by signing of a delivery acceptance and/or opening of package.
9. Bundled Equipment is Equipment provided to you for use in connection with the Service provided to you under this Agreement.
10. You will be liable to pay Red Telecom the full cost of the Bundled Equipment in addition to the Charges for your Services.
(a) Red Telecom will endeavour to deliver Equipment to you on the Delivery Date at between 9am to 5pm on a Business Day.
(b) Variations to delivery under clause 7.3(a) are at Red Telecom’s discretion and may involve additional charges and conditions of which Red Telecom will notify you prior to arranging delivery.
7.4. Installation and connection
(a) This clause only applies if Red Telecom or its Suppliers expressly agree to install or connect Equipment.
(b) Red Telecom will endeavour to install the Equipment at the Site within a reasonable time after the Delivery Date and connect you to the Service between 9am to 5pm on a Business Day.
(c) You must provide Red Telecom with safe access and prepare the Site for the installation at your own expense in accordance with any directions Red Telecom may provide you including but not limited to:
1. Appropriate electrical supply, as advised by Red Telecom and its Suppliers;
2. Electrical and mechanical fittings suitable for the purposes of installation;
3. If applicable, secure location including a suitable point for mounting an external satellite dish with no immovable obstructions;
4. Facilities for the location of the Equipment, including appropriate furniture and office space as required;
5. Access to personnel including technical support at the point of installation;
6. Permission for Red Telecom and/or its representatives and agents to enter the Site and install the Equipment,including making any minor physical modifications that are deemed reasonably necessary for installation;
7. You warrant you have notified all interested parties and obtained any relevant consents, permits, licences, approvals, authorisations (including any applicable local council planning approvals) for Red Telecom to enter the Site, install and connect you to the Service;
8. Red Telecom reserves the right to charge you at a reasonable rate if, due to your non-compliance or breach of this clause, installation is required to be rescheduled with or without notice;
9. Red Telecom may charge you installation charges in accordance with your Agreement and may decline to proceed with installation if you refuse to agree to any additional charges to cover factors which are beyond Red Telecom’s reasonable control and outside those outlined above;
10. You agree to provide adequate space and power supply for all Equipment used in connection with the Service that is located on the Site;
11. You consent for fixed line voice services to be provided over fibre;
12. You acknowledge there may be a temporary power and supply outage while you are provided with the Services.
13. Once an installation date is booked in, any postponement, cancellation or rescheduling must occur with 2-days notice of the planned installation date. Failure to give at least 2 days notice will incur a 20% re-stocking fee of the agreement value. If an installation is booked in and confirmed via email less than 2 days from installation date, any cancellation, postponement or rescheduling will incur the re-stocking fee.
14. After the 10-days cooling off period has elapsed, any cancellation to an agreement will incur a re-stocking fee equal to the agreement value (monthly network plan x length of term) to recover the amount committed by Red Telecom to its wholesale carrier(s).
7.5. Additional services
(a) If Red Telecom agrees to provide additional Services, it will charge for time, materials and any other associated costs based on the rates current for such additional Services at the time.
7.6. Loss, theft or damage
(a) You are responsible for lost, stolen or damaged Equipment owned by Red Telecom and you agree that you will remunerate itto the value of the Equipment except to the extent of any damage or loss that is caused by Red Telecom’s personnel.
7.7. Return of Equipment
(a) You must return all Equipment owned by Red Telecom, if any, at the termination of the Agreement, or you may be liable for additional Charges in accordance with clause 13.
7.8. Outright Purchase of Equipment
(a) Outright purchase of equipment requires a 50% non-refundable deposit prior to installation. Final balance is due immediately upon completion of installation. If final balance is not received within 2 business days of installation, Red Telecom reserves the right to remove any equipment that has been installed and will withhold the deposit. Installation is deemed to be ‘complete’ regardless of any pending supply of network services or other factors not controlled by Red Telecom e.g. services from a third party provider.
8. Network Maintenance, fault reporting and rectification
8.1. From time to time maintenance may be conducted on the Network by Red Telecom,its Partners or a Supplier. Red Telecom will endeavour to conduct scheduled maintenance outside usual business hours, but you acknowledge this is not always possible.
8.2. Reporting faults
(a) Faults may be reported to Red Telecom during its office hours of 9am to 5pm on Business Days.
(b) Before reporting a suspected fault, you must attempt to ensure that any Equipment provided by you and used in connection with the Service is not the cause of the fault.
(c) You will endeavour to assist Red Telecom or its Partners to investigate and repair a fault.
8.3. Red Telecom’s Responsibilities
(a) Red Telecom will investigate and repair faults that are notified to it in accordance with the Agreement, other than those identified below.
(b) Red Telecom is not responsible for repairing any fault where the fault is caused by:
1. A Supplier’s or other third party’s Network, cables, or connections, or those of the building within which the Site is located;
2. Equipment Red Telecom is not responsible for (i.e. owned by you or not provided by Red Telecom for use in connection with the Service); and
3. Any facilities outside the Site.
(c) If the fault is caused by a Supplier’s or other third party’s Network, cables or connections, Red Telecom will, once notified of such a fault in accordance with the Agreement, notify the Supplier or third party within a reasonable period and request that the fault is rectified as soon as possible.
(d) If Red Telecom investigates a fault that falls under paragraph (c) above, Red Telecom may charge you its standard costs for investigation and repair of such fault.
9.1. You must pay the following Charges for use of a Service:
(a) Charges as set out in your Application Form or any applicable Rate Sheet; and
(b) Any additional Charges noted in the Agreement, a Plan and/or as notified to you from time to time.
9.2. Types of Charges (Non-exhaustive list)
(a) Installation charges (e.g. installing Equipment).
(b) Set up (e.g. one-off charge at commencement).
(c) Periodic (e.g. fixed monthly charge for a fixed line or ADSL service).
(d) Usage (e.g. charge per call made on a local call service).
(e) Prepaid (e.g. charge for call credit on a mobile telephone service).
(f) Call Connection (e.g. charge incurred when a telephone call connects).
(g) Miscellaneous (e.g. an administration charge for providing a paper bill;any charge that an applicable code, regulation, determination or law specifically allows Red Telecom to make).
(h) Third party (e.g. an amount Red Telecom must pay to a Partner or a Supplier to install a second telephone line in your premises or other similar charges).
(i) Equipment (e.g. price of a modem Red Telecom sells to you).
(j) Any other Charges as detailed in the relevant Rate Sheet applicable to your Plan.
(a) Charges will be calculated according to the Rate Sheet, which is available from Red Telecom’s customer services.
(b) Charges passed on by Red Telecom’s Partners, Suppliers and/or any third parties will be billed at their applicable rates.
9.4. Spot Priced Services
(a) Red Telecom may designate a Service as a Spot Priced Service.
(b) Spot Priced Services will consist of resupplied or rebilled services where Red Telecom’s buy price or other third party charges can vary with little or no notice.
(a) Red Telecom may vary the Charges or add new Charges from time to time in accordance with clause 3.
(b) You acknowledge that the Services and Charges may vary when you are travelling overseas and that you must contact Red Telecom prior to travelling overseas to ascertain how you might be affected.
(c) Red Telecom reserves the right to change/alter existing network rate/plan fees from time to time without prior notice.
(a) From time to time Red Telecom may offer promotions to you on particular terms for a set period of time.These terms will be provided to you separately in writing.
(b) The particular terms of the promotion will prevail in relation to the subject matter of the promotion, to the extent of any inconsistency with other parts of the Agreement.
(c) Once the promotion has expired, the full terms and conditions of the Agreement will apply unless otherwise stated in writing.
9.7. Bundled Plans
(a) Red Telecom may offer a group of Services as a package for discounted total Charges (compared to the total charges that would apply if you acquired the Services separately e.g. business phone and internet together)
(b) Each Service in a Bundle is subject to a separate but dependant contract with Red Telecom.
(c) If you stop acquiring any Service in a Bundle:
1. You have ‘broken’ the Bundle; and
2. Red Telecom may bill you non-discounted Charges for the remaining Service/s in accordance with clause 9.5.
9.8 Service Fees
(a) Service Fees are charged for installation, consultancy, maintenance and after-sales activities not covered by a standard charge or contract.
(b) Service Fees includes adds, moves or changes, extra connections, maintenance or repair work which is not provided as part of the standard service.
(c) Service Fees are as follows: Call Out $120.00, first hour $180.00 (one) hour minimum, $90.00 for every additional 30 minutes. Prices exclude GST.
(d) Red Telecom may require you to undergo remote testing (e.g. over the phone or online tools) before you are able to request a technician to attend your premises (or elsewhere) before your enquiry is further investigated. Refusal of remote testing will not enable the investigation of the enquiry to progress further.
(e) Red Telecom’s Standard Business Hours are 9am to 5pm, Monday to Friday (excluding public holidays). All other times are considered to be After Hours.
(f) The key components of Service Fee charges are:
1. Attending your premises or elsewhere. This charge is for each person who is required to attend to your service. With services on the nbn network, if you refuse a remote testing session and request our attendance, a Service Fee will apply.
2. Labour charge. When we attend your premises on a Service Call, or an incorrect callout, we may apply this charge. This charge may include travelling time and waiting times due to delays caused by you.
3. Materials/Other charge. All items which support products/services, or consultancy services.
(g) Service Fees will apply when you ask us to change cabling or equipment in any way (including installing additional cabling in conjunction with connection of a service, whether part of our network or your customer cabling).
(h) These charges vary depending on the nature of the services provided and when they are completed.
(i) If work is required where a Service Fee is chargeable, we will notify you about this and see your approval (other than for an incorrect call out) before we start work. Quotation will also be provided for material charges, where applicable.
10. Credit Management
10.1. Guarantees and security
(a) Red Telecom may make supply of Services conditional on you providing to it, and maintaining, security and/or third party guarantees to Red Telecom’s reasonable satisfaction.
(b) If Red Telecom becomes entitled to suspend or terminate a Service, Red Telecom may make the resumption of Service conditional on guarantees in accordance with the Agreement.
(c) Red Telecom may use a security payment to offset any undisputed amount that you owe Red Telecom, and it will notify you accordingly.
10.2. Credit reports
(a) You acknowledge that the Privacy Act 1988(Cth) allows Red Telecom to give a credit reporting agency certain personal information about you and by entering into this Agreement you authorise Red Telecom to do so. The information which may be given about you to a credit reporting agency includes the following:
a. The fact that you have applied for credit, and the amount;
b. The fact that Red Telecom acts as a credit provider to you;
c. Any payments which become overdue more than 60 days;
d. Red Telecom’s advice that payments are no longer overdue;
e. In some specified circumstances, whether you have committed a serious credit infringement;
f. That credit provided to you by Red Telecom has been discharged.
10.3. Authority for Red Telecom to obtain credit information
(a) If you apply to Red Telecom for personal or commercial credit, you authorise Red Telecom or its Partners to obtain from a credit reporting agency a credit report containing personal credit information about you.
10.4. If you apply to a third party finance provider for finance to purchase Services and/or products from Red Telecom and that third party finance provider declines to provide you with finance for such purchase, you can either:
1. Where you propose to purchase a Bundle— with the agreement of Red Telecom, continue to purchase the components of the Bundle for which you will not require finance; or
2. Terminate the agreement by providing written notice to Red Telecom within 30 days of the order.
11. Billing and payments
(a) Red Telecom will bill you regularly either in advance or in arrears, as set out in the Service description.
(b) The standard Red Telecom Billing Period is monthly, but Red Telecom reserves the right to vary this period at its discretion, and any such variation will be notified to you in writing.
(c) You acknowledge that Red Telecom may bill you for part-periods(e.g. to align your Billing Period with the first day of each month).
(d) Red Telecom may bill for Charges, examples of which are as follows (not being an exhaustive list):
|Periodic Charge||14 days before the start of the period it relates to|
|Usage Charge||At the end of each Billing Period|
|Prepaid Charge||When you buy a prepaid Service|
|Call connection Charge||At the end of each Billing Period|
|Miscellaneous Charge||At the end of each Billing Period|
|Third party Charge||Immediately|
|Equipment Charge||When or before Red Telecom despatches the Equipment|
(e) In any case, Red Telecom may bill you for any Service it has already provided.
(f) TCP Customers: In accordance with the provisions of the TCP Code, Red Telecom will issue your bill within 10 working days after closure of the Billing Period.
11.2. Contents of bill
(a) Red Telecom will endeavour to include all Charges for the relevant Billing Period in an account rendered to you, but if it is unable to do so, it will include unbilled Charges in one or more later accounts in a subsequent Billing Period.
(b) If you have one or more Services with Red Telecom, it may send you a single bill for all Services. It may not be possible to obtain individual bills for each of your Services.
(a) Red Telecom options for rendering accounts:
1. You agree that you may incur a Charge without Red Telecom issuing any invoice, statement or bill.
2. You agree that Red Telecom need not offer payment by mail as a payment method for any Service, including for a Standard Telephone Service.
3. If Red Telecom does provide an invoice, statement or bill for a Service, Red Telecom can send it to you in the same way as any other notice, including via your Account Page.
4. Red Telecom may use a billing agent to bill you.
11.4. Extra or additional charges
(a) Extra Charges for bills and information:
Red Telecom may charge you an extra Charge if:
i. You request non-standard information about your bill or Charges, or
ii. You ask Red Telecom to deliver a bill by a method that is not the standard method for a Plan, in accordance with the information provided on your Business Application Form.
(b) If you request a paper bill when that is not the standard method for a Plan, you may incur an extra monthly Charge as detailed on your Business Application Form.
(c) All standard telephone plans do not include calls to 13/1300 and 18/1800 numbers. *Terminology regarding ‘1300/1800’ and ‘13/18’ numbers is used interchangeably but in any case refers inclusively to all 13, 1300, 18, 1800 numbers.
11.5. Out-of-pocket expenses
(a) Red Telecom may notify you that, in order to supply a Service, it needs to incur out-of pocket expenses that are not included in other Charges. In that case,Red Telecom will not supply that Service unless you make satisfactory arrangements to pay or reimburse that expense.
(b) TCP Customers: Red Telecom will only make such a Charge as provided for under clause 11.5(a) above when and as permitted by the TCP Code. Any such Charge will not be levied without Red Telecom first informing you of the proposed amount or the way in which it will be calculated.
(c) You acknowledge that Red Telecom’s Partners may charge Red Telecom if you report a fault and there isno such fault, or the fault lies with equipment for which the Partner is not responsible, or if you contact the Partner directly. You agree to pay or reimburse Red Telecom all such amounts.
(a) You must pay to Red Telecom on demand any GST which is payable as a consequence of any supply made under or in connection with the Agreement.
(b) The amount paid by you to Red Telecom on account of GST must be sufficient to ensure that the economic benefit to Red Telecom remains the same whether GST applies or not.
(c) Red Telecom will provide a tax invoice to you in respect of any supply to which GST may apply made under or in connection with the Agreement.
(d) You must pay any amount you are required to pay under this clause in full and without deduction or setoff.
11.7. Over payment
(a) If you have overpaid due to a billing error:
1. Once any claimed over payment has been substantiated, your account will be credited with the verified and agreed amount overpaid before the end of the next billing period; or
2. If you no longer use the Service, Red Telecom will attempt to notify you using your last known contact details that you have overpaid and arrange a refund equivalent to the amount of the over payment.
(a) Regarding payments due to Red Telecom:
1. If you have entered into a direct debit or credit card arrangement, Red Telecom may debit any Charge when it is billed or becomes billable.
2. If any bill is overdue for payment, you must pay that bill and any other bill that falls due for payment immediately.
3. In any other case, you must pay a bill within 14 days after the date of the invoice rendered to you, unless otherwise stated in your Plan or Agreement.
(b) Payment methods:
1. If your Plan specifies ‘direct debit only’ then:
i. A direct debit payment is a precondition to the supply of the Service to you under that Plan. Red Telecom may suspend the Service if the direct debit arrangement is not maintained.
ii. You must not reverse any direct debit payment to Red Telecom without its prior written approval. If you do so,you are liable to pay Red Telecom’s reasonable costs (including any legal fees on a solicitor-client basis) of reinstating the transaction.
2. Other than direct debit, payment methods that may be available to you are detailed on your bill, or are available on Red Telecom’s website.
3. Payments made using American Express, Diners Club, Mastercard or Visa credit cards are subject to a surcharge, as detailed in the schedule of fees and charges or your bill.
4. If any payment is dishonoured, Red Telecom may charge you a reasonable fee in addition to recovering from you any bank fees and/or other costs and charges which result from the dishonoured payment.
(c) Late payment
If a bill is not paid on time:
1. You are in breach of your Agreement, and
2. Red Telecom may, in addition to any other amount owing, charge:
i. interest at 1.5% per month from the Bill Date until it is paid in full; or
ii. A late fee; and
iii. Any collection fees and expenses that Red Telecom incurs.
11.9. Disputed payment
In the event you dispute a Charge or invoice, subject to clause 12, you are obliged to pay the charge in full whilst the dispute is pending.
11.10 Payout Terms & Expiry
i) If a payout is included as part of an agreement with Red Telecom, it is the customer’s responsibility to ensure all documentation is sent to the payments team as per the instructions issued via email at the point of install and relayed here. These documents must include proof of debt and an invoice.
ii) It is the customer’s responsibility to retrieve this proof of debt and ensure the sum is correct at the point of order. Red Telecom will only refer to written proof of debt supplied by customer in conjunction with these terms and the rest of the agreement when determining the final amount to be paid.
iii) An invoice is also required from the customer to be made out to Red Telecom for the correct payout amount – not exceeding the sum agreed to at the point of sale, and not exceeding the true payout figure given in the proof of debt. If there are multiple payouts, the total sum must not exceed the agreed figure. Any payout invoice must be presented on the customer’s company letterhead and include banking details.
iv) Red Telecom will only payout to return equipment, not to purchase equipment.
v) If all the documentation specified in subsections i)-iv) is not received by Red Telecom’s payments team within 6 months of order date, then the payout has expired and Red Telecom is no longer liable for any payout sum. Any terms contrary to this are overridden by this clause.
vi) In conjunction with clauses i)-v) above, Red Telecom may complete a payout at any time within 3 months of receiving and processing correct documentation.
Proof of Debt: A written document (e.g. a bill) from their supplier and/or finance company clearly stipulating “Early Termination Costs/Fees/Payment” and/or “Payout”.
Point of Order: The date the customer has signed the core documents to the agreement: Order spec, Finance agreement, Business Application Form. If these documents have been signed on different dates, Red Telecom will use their discretion to elect which date is the true point of order.
Payments Team: via email to email@example.com or firstname.lastname@example.org
11.11 Accounts Payable Payment Terms
All accounts payable dealings between Red Telecom and any external entity are on a minimum 30-days invoice payment basis.
12. Disputes and complaints
12.1. If you have a complaint that relates to your use of the Service, including Charges, please contact Red Telecom first through its website or via telephone to attempt to resolve the complaint.
12.2. Red Telecom will handle any complaints in accordance with its complaints policy, which is available on its website.
12.3. If your complaint has not been resolved to your reasonable satisfaction, you may also contact the Telecommunications Industry Ombudsman and the relevant Department of Fair Trading in your state.
12.4. Any customer of Red Telecom is free to contact the TIO if they feel they have been unable to resolve a dispute via direct dealings with Red Telecom.
12.5 Disputes in relation to Billing must be raised within 180 days of the concern arising, otherwise Red Telecom reserves the right to its resolution.
13. Termination or Cancellation
13.1. Termination by Red Telecom
(a) Red Telecom may terminate a contract or suspend or limit your Service if any of the following circumstances apply:
1. You fail to pay Red Telecom money that is due;
2. You threaten not to pay a payment (whether the payment is currently due or will become due in the future);
3. You are in material breach of the Agreement;
4. You are the subject of an Insolvency Event;
5. Red Telecom reasonably believes you have vacated the Site without providing Red Telecom with 30 days’ prior written notice;
6. Red Telecom reasonably considers it necessary to facilitate Network maintenance or protect the Network;
7. Continuing the Service becomes technically unviable;
8. You use the Service in a way that places unreasonable demand on Red Telecom’s Network;
9. Red Telecom is unable to obtain access to the Site – and/or its surrounds for the purposes of maintaining or repairing the Service;
10. In case of emergency;
11. You have given Red Telecom notice that you no longer require the Service;
12. If Red Telecom reasonably suspects fraud or attempted fraud involving the Service.
(b) Red Telecom may also terminate the Service if:
1. The Service has been suspended either under this clause and the suspension has continued for a period of more than 28 days;
2. You are or become a Carrier or Carriage Service Provider under the Telecommunications Act 1997 and Red Telecom did not agree to provide you with the Service;
3. In any other circumstances set out elsewhere in the Agreement.
(c) Red Telecom may Charge you to reconnect the Service unless the termination or suspension resulted from internal error.
(d) For TCP customers:
1. Without limiting the generality of Red Telecom’s rights of termination under the Agreement, Red Telecom may terminate your Service if any of the following circumstances apply:
i. There is a material breach of the Agreement;
ii. There is evidence to suggest fraud or other illegal conduct on your part, or on the part of any of your representatives;
iii. As provided under any applicable Fair Use Policy;
iv. Where termination is based on breach of another contract that is closely associated with the Agreement;
v. The Agreement cannot be severed or there are reasonable grounds for believing you are a credit risk.
2. For non-TCP customers, Red Telecom may suspend or limit your Service under this clause if the following circumstances apply:
i. There is a material breach of your contract;
ii. There is evidence to suggest fraud or other illegal conduct on your part, or the part of any of your representatives;
iii. As provided for under any applicable Fair Use Policy;
iv. Where termination is based on breach of another contract that is closely associated with the Agreement;
v. The Agreement cannot be severed or there are reasonable grounds for believing you are a credit risk.
3. Red Telecom will not suspend all Services to you indefinitely. If the suspension continues for 14 days, Red Telecom will either terminate your Agreement, or lift the suspension within a further 30 days.
13.2. Other ‘trigger’ events
(a) Red Telecom may terminate the Agreement or suspend performance of it and/or the Services if any of the following circumstances apply:
1. If you are an individual and you die, become bankrupt, or are the subject of an Insolvency Event;if you are a corporation and you become insolvent, make any arrangement with or for creditors and/or are placed into liquidation.
2. If Red Telecom has a reasonable belief that it is unlikely to receive or retain payment for amounts due and payable by you under the Agreement;
3. If, in the opinion of Red Telecom, a serious threat or risk exists or provision of the Service may cause death, personal injury or property damage;
4. In an emergency;
5. In order to limit it to comply with legislative or regulatory requirements.
13.3. Termination by customer
(a) You may only terminate the Agreement where:
1. You are entitled pursuant to statute, or
2. If the Plan is Fixed Term – on expiry of the stipulated term, you give Red Telecom 30 days’ written notice of termination, or
3. If the Plan is Fixed term – before the expiry of the stipulated term, if you pay to Red Telecom an amount equal to the value of all remaining Charges for the remainder of the term.
13.4. You acknowledge there will be a cost to Red Telecom for handling the termination, which will be as published on its website from time to time. After you are notified that your application is accepted and before Red Telecom installs any Equipment, you will be charged a fee to the value of 10% of the total cost of your Plan (whether month-to-month or Fixed Term) if you decide not to proceed with the Plan. You agree that this fee represents a genuine pre-estimate of the loss Red Telecom will suffer by your not proceeding. You agree to pay this fee notwithstanding you have a right by law not to proceed with the Plan.
(a) If the Agreement comes to an end:
1. Any obligations owed to you by Red Telecom under the Agreement cease as of the expiry of the term of the Agreement;
2. All bills become payable immediately and Red Telecom may bill you for any Services not yet invoiced, in addition to any other amounts to which it is entitled under the Agreement;
3. Where applicable under the TCP Code, Red Telecom will notify you within a reasonable time of amounts that are considered to be Early Termination Fees, or any unbilled charges. Applicable Early Termination fees are calculated based on the duration of time remaining on your network agreement. This is calculated from the date of your first Red Telecom invoice. Red Telecom reserves the right to charge an additional administrative fee of up to $150.00 ex GST per month remaining on the agreement.
4. You authorise Red Telecom to recover any outstanding Charges from any over payments you have previously made;
5. Within 30 days of the expiry or termination of the relevant term, you must return to Red Telecom any of its Equipment under your control or Red Telecom may bill you a reasonable amount for the Equipment if it is not so returned;
6. Any cause of action predating the termination or expiry is not affected;
7. The limitations of Red Telecom’s liability and indemnity under the Agreement continue;
8. No other contract is affected unless it is also terminated by Red Telecom;
13.6. Cancellation of your network services agreement with Red Telecom is permitted within 10 days of the day you signed the agreement.
13.7. In conjunction with clause 13.4 above, cancellation for any equipment component of the agreement whether for outright purchase or by way of finance is permitted prior to installation only, however a 20% restocking fee will apply for goods ordered and administrative work completed. 20% is calculated out of the total equipment price whether it is being financed in instalments or purchased outright.
13.8 With regard to both finance and network agreements, violation or nullification of any portion of the contract does not nullify the contract as a whole.
14. Suspension of Service
14.1. Red Telecom’s rights to suspend the Service
(a) Red Telecom may suspend the Service at any time with reasonable notice to you if any of the following circumstances apply:
1. Red Telecom, its Partners and/or Suppliers, need to conduct operational or maintenance work on the Network;
2. You fail to pay Red Telecom any undisputed outstanding amount under the Agreement by the Due Date for payment;
3. You breach a material term of the Agreement and that breach cannot be remedied;
4. You breach a material term of the Agreement and that breach can be remedied but you do not remedy the breach within 30 days of receiving written notice from Red Telecom requiring remedy of the breach;
5. You are the subject of an Insolvency Event;
6. Red Telecom reasonably suspects that you, an End User or any person in connection with the Service, has engaged in fraudulent or illegal conduct;
7. Red Telecom reasonably believes you may be a credit risk;
8. You are a natural person and you die;
9. There is, in Red Telecom’s opinion, an emergency;
10. There is, in Red Telecom’s opinion, a threat to the security or integrity of the Service or Network;
11. There is, in Red Telecom’s opinion, a likelihood that the Service may cause death, personal injury or damage to property;
12. Red Telecom is otherwise entitled to do so under the Agreement.
(b) TCP Customers:
1. Red Telecom will only disconnect, suspend or restrict your Services without informing you for credit or debt management reasons, if there is evidence of fraudulent activity or if Red Telecom, in its absolute discretion, assesses you present an unacceptably high credit risk, or if you have nominated a Restriction Point and you have reached that Restriction Point.
2. Unless Red Telecom otherwise advises you, Red Telecom will not suspend your Services indefinitely. If a suspension continues for 14 days, Red Telecom will terminate your Agreement or lift the suspension within another 30 days.
14.2. Associated charges during a period of suspension
(a) If the Service is suspended due to a fault or breach of the Agreement caused by you, you are liable for all Charges payable under the Agreement whilst the suspension is in operation; and
(b) If the Service is suspended due to a failure on the part of Red Telecom or its Partners, you are entitled to a pro rata reduction in Charges for the period whilst the suspension is in operation.
15. Liabilities & Warranties
15.1. Red Telecom does not warrant that the Services will be free of blockages, delays, errors and/or faults.
15.2. Except as required by law, all terms, conditions, warranties, undertakings, inducements and/or representations relating to the provision of Services by Red Telecom to you are excluded.
15.3. Except as required by law,Red Telecom is not responsible for any loss and/or damage that may occur, whether direct or indirect, consequential or non-consequential arising from or out of, occasioned by or related to,anything done and/or supplied under the Agreement,and/or the Services provided by Red Telecom to you, or any other loss or damage however caused (whether by negligence or otherwise) which may be incurred or suffered by you or any third party.
15.4. Red Telecom’s total liability is at all times limited to the re-supply of Services, or the payment of the costs of having the Services re-supplied.
15.5. You warrant and agree that you will not hold Red Telecom responsible for any loss or damage or liability, whether direct or indirect, consequential or non-consequential, and you will indemnify Red Telecom against any such loss or damage and/or liability in relation to you or any other third party due to circumstances including, but not limited to:
(a) Faults or defects in Services caused by your incorrect use, misuse or misconduct connected with the Services (including that of your employees and/or contractors);
(b) Any delay or default in performance of the Services to be provided pursuant to the Agreement which is caused by or arises from or out of or in connection with an event or happening reasonably beyond Red Telecom’s 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 Supplier or the Equipment, Services or technology of any other Supplier.
15.6. You acknowledge and agree that Red Telecom does not incur liability to you or any other third party for:
(a) Any acts or defaults of other Suppliers;
(b) Any faults or defects in Services which are caused to any material extent by your own conduct or misuse; nor
(c) Any faults or defects that arise in Services not provided under the Agreement (even if connected to Services arranged by Red Telecom with its consent) which are due to incompatibility with the Service.
15.7. Documentary error
(a) Any clerical or other errors or misprints in any document provided to you in connection with the Agreement may be corrected by Red Telecom in the following manner:
1. Reissuing the relevant document; and / or
2. Otherwise giving you notice of the error or misprint.
(b) You are not entitled to any reduction or variation to any Charges because of any documentary errors.
(a) Use of any third party technician or other persons to move or work on equipment will void warranty and Red Telecom will not be liable to you for any loss, damage and costs incurred.
(b) All hardware sold by Red Telecom is sold in its capacity as a reseller only. Red Telecom is not the manufacturer and accepts no liability for any hardware faults. All hardware and equipment is covered by warranty as per the manufacturer’s warranty for 1 year from the installation date. Some exclusions apply and warranty may differ between each manufacturer. Please refer to the manufacturer’s product brochure or contact the manufacturer directly.
(c) If Red Telecom attends your site to repair or replace any hardware under warranty, regular call-out and labour fees will apply. Hardware warranty does not cover this component.
16. Assignment to a third party
16.1. Subject to clause 2.2, Red Telecom may assign all or part of its rights and/or obligations under the Agreement to any third party without your consent.
16.2. You may not assign all or part of your rights and/or obligations under the Agreement without Red Telecom’s prior written agreement.
(a) A reference to a law includes any amendments to that law, and any applicable regulations;
(b) A reference to any document includes a reference to future modifications to that document.
17.2. Governing law
(a) The Agreement is governed by and construed in accordance with the laws of the State of New South Wales and the parties submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
17.3. TCP Customers
(a) The Agreement is governed by and construed in accordance with the laws of your State or Territory of residence and you submit to the exclusive jurisdiction of the courts of that State or Territory and the Commonwealth of Australia.
(b) Red Telecom will provide your Services in accordance with the provisions of the TCP Code.
(a) Red Telecom may provide you with any written notice in connection with these Customer Terms by sending the notice to you in accordance with the methods indicated on your Business Application Form.
17.5. No waiver
(a) Any failure or delay by Red Telecom in exercising any power or right conferred under the Agreement does not operate as a waiver of the power or right.
17.6. Intellectual Property (‘IP’)
(a) Red Telecom retains all IP rights in any software, manuals or user documentation supplied with any Equipment or otherwise under the Agreement, in addition to any material directly created by or for it for the purposes of supplying you with the Services under the Agreement.
(a) Red Telecom may pay a commission to any agent, employee, contractor or dealer in connection with the supply of the Services and the Agreement.
17.8. Carrier /Carriage Service Provider
(a) You acknowledge that you are not a Carrier or Carriage Service Provider at the time of entering into the Agreement; and
(b) Red Telecom, its Partners or its Suppliers may immediately cancel the Service and terminate the Agreement with notice to you in accordance with the Agreement if, during the Service Term, you become either a Carrier or Carriage Service Provider.
17.9. Provision of Services by Red Telecom’s Partners
(a) You acknowledge that if Red Telecom terminates an arrangement with any of its Partners that it uses to supply your Service, Red Telecom’s Partner/s may arrange to supply you with the Service directly; and
(b) The Charges under the Agreement may be substituted with the applicable fees and charges of Red Telecom’s Partner/s.
17.10. Your rights:
(a) You can obtain further information about your rights by contacting ACMA (Australian Communications and Media Authority), TIO (Telecommunications Industry Ombudsman), ACCC (Australian Competition and Consumer Commission) or the Department of Fair Trading or Consumer Affairs in your State or Territory.
17.11. Logo Usage
(a) You acknowledge that by signing with Red Telecom, you grant Red Telecom permission to use your company logo on Red Telecom’s website and marketing materials.
17.12. Website Usage
(a) By submitting your details for a free article, you grant Red Telecom permission to email you. Your details will not be provided to a third party. You can unsubscribe from the emails at anytime, by clicking unsubscribe in any future email you receive or by replying back with ‘unsubscribe’.
17.13. Sales and Marketing
(a) It is ultimately your (the consumer’s) responsibility to research the most appropriate offering as Red Telecom reserves the right on its sales and marketing efforts.
|Account Page||A web page or facility Red Telecom may provide that permits you to view and/or manage details of your account|
|Agreement|| Collectively, the following documents:
(b) These terms
|Agreement Date||The date Red Telecom confirms that it agrees to provide the Service|
|Application Date||The date you submit your application to Red Telecom|
|Attachment Circuit||A connection between you and the Network of Red Telecom’s Suppliers. The Attachment Circuit may be either an Ethernet Attachment Circuit or a Business DSL Attachment Circuit|
|Attachment Circuit Speed||The maximum potential data rate that can be downloaded and uploaded from that Service. The actual data rate or throughput experienced may vary according to several factors including those under clause 6.8.|
|Bill Date||The date indicated on a bill issued to you by Red Telecom|
|Billing Period||The period of time between accounts rendered|
|Bundle||A grouping or Services and/or products together for the purpose of supplying them as a group|
|Bundled Equipment||Equipment you may be supplied under some of Red Telecom’s Plans without paying its full purchase price on delivery.|
|Business Application Form||The form you submit to Red Telecom to order a Service|
|Business Day||Monday to Friday excluding public holidays|
|Business Hours||9am – 5pm on any Business Day|
|Carriage Service||A service for carrying communications by means of guided and/or unguided electromagnetic energy.|
|Carriage Service Provider||As defined under section 87 of the Telecommunications Act 1997|
|Carrier||A holder of a carrier licence granted under Part 3 of the Telecommunications Act 1997|
|Charges||Charges and fees as charged by Red Telecom from time to time|
|Customer Services||Red Telecom’s customer services available through its website or office|
|Customer||You, the applicant under the Application|
|Delivery Date||The date specified by Red Telecom for the Equipment to be delivered to the Site|
|Due Date||A stated or stipulated date|
|End User||A person who makes use of a Service with your consent, from your premises or using your Equipment and password|
|Equipment||Equipment supplied to you by Red Telecom for use in the Service, unless otherwise stated|
|Ethernet Bitstream||NBN Co Ethernet access services delivered using NBN Co fibre network. The Ethernet Bitstream is available with best effort traffic class or Traffic Class 4 (TC4) only. Other traffic classes are not supported|
|Facilities||Any part of the infrastructure of a telecommunications network, or any line, cable, optical fibre, equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole, or other structure in connection with a telecommunications network.|
|Fair Use Policy||Red Telecom’s policies from time to time providing for how a Service and/or Plan is to be used, over and above the terms of the Agreement. A copy can be found on Red Telecom’s website.|
|Fixed Term||A stated and/or fixed period of time|
|GST||Goods and Services Tax and has the same meaning given under the GST Act|
|GST Act||A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any act passed in substitution for or replacement of that Act|
|Insolvency Event||In the case of a company, other incorporated entity, partnership or trustee of a trust, any of the following occurring:
(a) An administrator, receiver, liquidator or similar being appointed over the entity or any of that entity’s assets;
|Local Number Portability||Being able to change your phone company that provides you with your local calls without changing your telephone number(s), as provided under the Local Number Portability code (C540:2013)|
|L2IG||The Telstra Wholesale Broadband DSL Layer 2 Internet Grade service|
|Maintenance Service Schedule||The schedule of maintenance provided by Red Telecom from time to time|
|Maximum Data Rate||The size of the file per second of data, usually expressed in kilobits or megabits per second. The maximum data rate may vary depending on the Network and Suppliers|
|Minimum Term||The minimum period for a Plan, if any|
|Network||A system, or series of systems, that carries, or is capable of carrying, communications by means of guided and/or unguided electromagnetic energy and as referred to in clause 4.5.|
|Off-peak||A period of time each day when fewer people are using the Network. You may be charged less to use the Service during this time|
|Order Specification||The specification of Services you have ordered in your Business Application Form|
|Partner||Third Party Suppliers of Services and Equipment who have a contractual relationship with Red Telecom for the purposes of provision of the Services|
|Partner Facilities||Facilities managed, maintained or used by a Partner|
|Peak||A period of time each day when large volumes of people are using the Network at a time. You may be charged more if you use the Service during this time|
|Personal Information||Has the meaning as defined in the Privacy Act 1988 (Cth)|
|Plan||Features, entitlements, charges, special conditions and other contractual requirements supplied in connection with a Service|
|Port/Porting/Ported||Taking your telephone number to another phone company|
|Privacy Act||Privacy Act 1988 (Cth)|
|Rate Sheet||Red Telecom’s rate sheet of standard rates from time to time|
|Regulator||ACMA, ACCC, TIO, CAL and any other relevant statutory body or authority|
|Restriction Point||An amount nominated by a TCP Customer for the purposes of managing the monthly amount spent on their Customer account.|
|Service||Services supplied by Red Telecom unless otherwise specified, being:
(a) A Standard Telephone Service as defined in Section 6 of the Telecommunications (Consumer Protection and Service Standards) Act 1999;
|Service Term||The term of any Service specified in your Application Form|
|Service Start Date||The date Red Telecom notifies you the Service is available for use|
|Site||The address you provided on your Application Form|
|Spam||Unsolicited electronic messages as understood under the Spam Act 2003 (Cth), being messages sent using an internet or other listed carriage service to an email, instant messaging, telephone or similar account,that are prohibited under that Act|
|Special Promotion||An offer of limited duration, limited quantity or offered to a limited sub-set of Consumers, (for example, a once-off promotion for members of a local gym or a special discount for the staff of a business customer of a Supplier), such as Discounts off Telecommunications Goods or components of Telecommunications Services|
|Spectrum Shared Service (SSS)||The service provided by Telstra (either commercially or as a declared service) enabling Red Telecom or its Suppliers to access the non-voice frequency spectrum of a continuous metallic twisted pair to deliver ADSL based services to an End User who concurrently acquires (directly or indirectly) a standard analogue telephony service over the same metallic twisted pair from Telstra|
|Spot Priced Service||An international telephone calling facility and/or international roaming facility|
|Standard Access||Red Telecom and their Suppliers’ standard access portfolio, utilising access technologies such as ADSL/ADSL2+ and Ethernet Bitstream with best effort traffic class|
|Standard Telephone Service||As defined under section 6 of the Telecommunications (Consumer Protection and Service Standards) Act 1999|
|Supplier||A Carriage Service Provider, as in the Telecommunications Act 1997 (Cth)|
|TCP Code||Telecommunications Consumer Protections Code (C628:2012)|
|TCP Customer||An individual, business or non-profit organisation which has or will have an annual spend with Red Telecom which is no more than $20,000|
|Telecommunications Act||Telecommunications Act 1997 (Cth)|
|Telecommunications Numbering Rules||Such rules as may exist from time to time under statute, governing the issuing and management of telephone numbers in Australia|
|Unconditioned Local Loop Service or ULLS||Has the same meaning as that contained in the register of declared services maintained by the ACCC|
18.1. You acknowledge that a minimum of 2 months’ notice is required to relocate network services & equipment.
18.2. The customer bears the responsibility of supplying the correct details for their new site address.
18.3. The designated installation date may not coincide with the customer’s required date. The date is to be allocated by the Network Provider.
18.4. Red Telecom Pty Ltd is not liable for any loss or inconvenience caused by a delay between the dates as per clause 8.3.
18.5. You accept that selected services may require a new line to be installed at the new site address. You will be advised if this is the case once your relocation request is received.
18.6. The customer is liable for the cost of installing any new lines where necessary as per clause 8.5.
18.7. You accept that Red Telecom is not liable for any time lapse in relocation that is caused by the Network Provider.
18.8. Where an ADSL product is connected to a line, delays of up to 1 (one) week may be experienced for the ADSL to become active after the line is relocated.
18.9. Use of any third party technician or other persons to move or work on equipment will void warranty and Red Telecom will not be liable to you for any loss, damage and costs incurred.
19. Network Term
19.1. The network term begins on the date of the first issued Red Telecom invoice and continues for the duration of the network agreement.
19.2. The network term is indicated on the ‘Fixed Line Services’ page of the ‘Business Application Form’. If no network term is indicated, the network term is equivalent to the accompanying rental term duration. E.g. if the rental term duration is 60 months, then the network term is also 60 months.
19.3. If no network term is indicated on the ‘Business Application Form’ and there is no accompanying rental, the network term will be 24 months.
19.4. In any case, the minimum network term duration is 24 months.