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standard form of agreement

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About our SFOA: Our Standard Form of Agreement (‘SFOA’) applies to all telecommunications goods and services we supply, for example: fixed line phone, mobile phone and internet access.



1. INTRODUCTION
1.1 Terms and Conditions
We supply the Service to you on the terms and conditions in your Agreement with us. If you obtain or seek to obtain a service from us, you do so in accordance with the terms and conditions contained in the documents which comprise your Agreement with us.

1.2 Structure of your Agreement
Your Agreement with us comprises:
(a) your Application;
(b) the Service Description(s);
(c) General Terms;
(d) the Payment Schedule;
(e) the Direct Debit Service Agreement; and
(f) our Acceptable Use Policy.

1.3 Customer Assistance
If you require any assistance or further information, please contact our customer information line on 02 92863774.

Mon-Fri: 9:30-18:00
Sat : 11:00-16:00
Sun/public holidays:(closed)

Or email us

2 Optus Network
Your service is provided by Travel and Travel and enables you to make and receive calls, send and receive text messages, use data services to browse the internet and to use other available carriage services using the Optus Network.

3. PROVISION OF THE SERVICE
3.1 Service Availability
Subject to your rights under the Australian Consumer Law, we aim to provide, but cannot guarantee, a continuous Service free of any Interruptions. You are aware that we may be reliant on Third Party Suppliers for supplying the Service to you and that circumstances beyond our control may cause Interruptions to the Service from time to time.

3.2 Maintenance and Fault Restoration
Subject to your rights under the Australian Consumer Law and to the maximum extent permitted by law, we are not obliged to restore any fault with a Service that is caused as a result of:
(a) damage due to causes external to the facilities used by to provide the Service;
(b) interference;
(c) a Force Majeure Event;

3.3 Technical Support
(a) We will provide technical support services
(b) We are not responsible for, and will not provide support for, any fault caused by:
(i) any Customer Equipment;
(ii) the interaction of the Service with third party software packages used by you;
(iii) services provided by any third party supplier or carrier

3.4 Commencement
(a) Our Agreement commences when we accept (at our sole discretion) your Application and continues until terminated in accordance with our Agreement.
(b) When you request us to supply the Service to you, which may be made using our Application forms (either online or printed) or by telephone, we decide whether to
accept your Application and to supply the Service to you based on a variety of factors including:
(i) your eligibility for the Service;
(ii) its availability to you;
(iii) you meeting our credit requirements; and
(iv) your prior conduct or history with respect to any previous supply by us or a reseller of any goods or service to you.

3.5 Changing our Agreement
(a) During the term of our Agreement, we may need to change the terms of our Agreement due to circumstances beyond our control, including changes in Law, urgent changes required for security reasons.

3.9 Your Rights if we Change the Agreement
(a) we will give you notice of any changes we propose to make to our Agreement, including these General Terms, at least 21 days prior to the date on which those changes are to take effect.
(b) if the changes we propose to make will cause more than a minor detriment to you then you may immediately cancel the affected Service without incurring any Early Termination Fee or penalty (provided that we can recover any outstanding Fees incurred up to the date on which our Agreement ends and any outstanding amounts that cover installation costs or equipment where such equipment can be used in connection with services provided by other suppliers)
(c) If the date on which you give notice to us to cancel the Service in accordance with paragraph (b) occurs after the date of the change to our Agreement, the change will not apply to you. We will issue a corrected invoice or adjustment note as appropriate and, if you have overpaid as a result of the change to our Agreement, credit your account with the overpayment or, if you have cancelled your Service with us, refund the overpayment promptly after deduction of any other amounts due by you to us. Upon cancellation of the Service due to a change to our Agreement that has more than a minor detrimental impact on you, the charge for costs of equipment that we have provided to you and that you have not paid for will be owed by you as a lump sum and payable by the relevant due date.

4. FEES FOR THE SERVICE
4.1 Fees
(a) You are liable to pay all Fees arising out of the use of the Service that we provide to you, whether that use was by you or any other person with or without your consent. (b) If a Service is used to access the facilities or services of another supplier, amounts charged by that other supplier are, unless our Agreement specifies otherwise, your responsibility, and you will indemnify us in relation to any such charges. If we are charged those amounts we may include them in the Fees.

4.2 GST
Unless expressly stated otherwise, all amounts payable by you under or in connection with our Agreement are inclusive of GST. If GST is payable on a Taxable Supply made to you, the amount payable by you for that Taxable Supply will be the amount expressed in our Agreement or the relevant document connected with our Agreement. 4.3 Invoicing
(a) We will provide a monthly invoice for the Service. It is supplied via email or by mail. You will receive your invoice on 5th of every month.

(b) If you have a direct debit in place for any Service, your credit card or bank account will be debited on the 11th business day after receiving your invoice.
(c) We may invoice you for the Service, plus any applicable GST. All portions of your use of the Service are charged for and unused allocations are not transferable or refundable.
(d) We will refund or credit any overpayment due to a variation in the Fees or cancellation of a Service. If we have undercharged you, you will be liable for any underpayment.

4.4 Calculation of Fees
Fees are calculated by reference to data recorded or logged by us. Records held by us will be conclusive evidence of the usage of your Service and charges payable by you.

4.5 Time for Payment
All Fees must be paid in full by the Due Date.

4.6 Methods of Payment
(a) Payment for residential Services must be made by credit card standing authorisation or direct debit.
(b) Payment of outstanding invoices for may be made by credit card standing authorisation, direct debit, electronic funds transfer or by cash.
(c) We reserve the right to charge you for any fees that we incur from, or must pay to, your bank. This includes bank fees for receiving international money transfer.

4.7 Suspension for Non-Payment
We reserve the right to:
(a) physically disconnect the Service if Fees or any other amount payable by you remains unpaid 60 days after the applicable Due Date (unless we have received written notice from you of a legitimate dispute of those Fees or other amount prior to the Due Date and that dispute remains unresolved)

4.8 Dishonoured Direct Debit Transaction or Credit Card Authorisation
In addition to any other rights that we have under the Agreement in relation to late payment, if an invoice is paid by direct debit or credit card authorisation and the payment is declined by the bank, we reserve the right to pass any bank fee that we incur as a result of the declined or dishonoured transaction on to you.

4.9 Early Termination Fee
if your Application records that you have agreed to receive the Service from us for a Fixed Term and you cancel the Service before the expiry of the Fixed Term, you will be liable to pay an Early Termination Fee.

4.10 Cancellation, Suspension or Disconnection for non-payment
If we cancel, suspend or disconnect the Service for non-payment, you remain liable for all Fees and other liabilities incurred before the date of cancellation, suspension or disconnection of the relevant Service.

5. TRANSFER OF YOUR SERVICE FROM US TO ANOTHER SUPPLIER
5.1 Transfer
We do not allow transfer of services to another supplier as your service is contracted on rental agreement. However, we will transfer your services to another supplier if there is compelling reasons to do so. If you ask us to transfer any of the Services to another supplier, you remain liable to us for any amount payable in relation to the supply of the Services up to the date on which we transfer those Services to another supplier. You will pay us that amount by the applicable Due Date.

6. Compelling Reasons to transfer your service
If you wish to transfer your service to another carrier you will need to provide us with compelling reasons to do so. Such as you have decided to stay in Australia for another few years and want to transfer to another carrier and require current service number for work.

7. PERSONAL INFORMATION
7.1 Consent to Collection and Use
You consent to us obtaining, using and disclosing your Personal Information for any of the purposes specified in this Clause 6. If you choose not to provide all or part of the Personal Information we request, we may not be able to provide you with the Services, or we may refuse to provide or limit the provision to you of any Service or credit.

7.2 Use of Personal Information
(b) In particular, you acknowledge and agree that we will use your Personal Information:
(i) to identify you and to assess your Application;
(ii) to supply the Services and Equipment to you (including for investigation or resolution of disputes relating to any Services and Equipment provided to you);
(iii) to issue you with invoices and to collect Fees and any other debts you owe to us in connection with our Agreement;
(iv) for the purposes of preventing fraud or any other illegal activity; and
(v) for all other purposes reasonably required to provide the Services to you.
(c) You agree that we may disclose your Personal Information:
(i) to government agencies, Law enforcement authorities and other persons as required by Law.

8. YOUR OBLIGATIONS
8.1 Compliance
You are responsible for the use of your Service and you will not use your Service other than in accordance with our Agreement and Laws and obligations applicable to the Services and their use.

8.3 Internet Security
You acknowledge and accept that any access to the Internet involves security risks and that new threats to Internet security are continually evolving. You accept responsibility for maintaining your own security and acknowledge that we have recommended that you should at least:
(a) maintain and protect your user identity, email address and password (keeping the password secure, including not disclosing it, avoiding the use of dictionary words, names or dates, changing it regularly, not keeping it in writing or storing it on a computer);
(b) not disclose Personal Information (including credit card details) on the Internet;
(c) use and keep current anti-virus software and firewall;
(d) restrict access to Equipment;
(e) not accept emails or files from unknown sources;
(f) protect users from unsuitable Internet content;
(g) keep up to date on Internet security issues;
(h) be aware that premium rate ’190’ and international ’0011’ telephone call fees can be incurred inadvertently by users accessing certain Internet sites.

8.4 Information
You warrant that the information supplied by you in relation to our Agreement is true and correct. You will promptly inform us of any changes to this information.

9. USE OF SERVICES
9.1Use of Services
You must:
(a) ensure the Services are used solely for their intended purpose;
(b) notify us immediately of any security breach (suspected or otherwise) regarding the Service or your confidential password or customer login; and
(c) not permit any other person to resell or purport to resell any Service.

9.2 Technical Regulation
You must not connect or maintain a connection to a facility used in connection with the supply of Services to you or other parties that does not comply with technical codes, standards or regulations made under the Telecommunications Act, any declaration or other requirement of the ACMA or any code, standard or guideline published by the Australian Communications Alliance Ltd.

9.3 Illegal Use
You must not use or allow another person to use a Service to transmit or publish any material that is defamatory towards any person, or in breach of copyright, any obligations of confidentiality or otherwise in breach of any Law. If you breach this clause, we may suspend or cancel the Service in accordance with Clause 12.4(f). You will indemnify us against any Claim that we suffer as a result of your use of the Service to commit an offence or otherwise breach this Clause 9.4.

10. Return
On the termination of supply of the Services for any reason you will immediately return all Service Equipment to us. If you do not return the Service Equipment, you must pay to us on demand the full retail price of the Service Equipment.

11. EQUIPMENT YOU ACQUIRE FROM US
11.1 Title
If we sell to you a facility or any item of equipment (Purchased Equipment) either for use in the provision of the Services to you or otherwise, then: (a) that Purchased Equipment remains our property until we receive full payment from you or we otherwise deem in our sole discretion that title has passed to you (prior to the receipt of full payment);

12. SUSPENSION AND CANCELLATION OF SERVICES
12.1 Your rights to cancel or terminate
(a) If you cancel a Service during an applicable Fixed Term for that Service, you may be liable to pay an Early Termination Fee in accordance with Clause 4.10.
(b) You may otherwise cancel a Service at any time by giving us notice if:
(i) you are entitled to do so in accordance with Clause 3.9;
(ii) you are entitled to do so in accordance with Clause 14.2;
(iii) we are in material breach of our Agreement, which is capable of being remedied, but which we have failed to remedy within 30 days after you telling us of that breach; or
(iv) we are in material breach of our Agreement and it is something which cannot be remedied, including where there have been prolonged or repeated Interruptions to the Service. This clause does not apply to Interruptions which occur because of:
(A) a cancellation, suspension or restriction to the supply of the Service in any of the circumstances listed in Clause 12.4;
(B) a system or network outage for an insignificant period;
(C) scheduled maintenance of Our Network or of Service Equipment in accordance with Clause 10.4;
(D) a fault or other event which may reasonably be attributed directly or indirectly to your Equipment; or
(E) your acts or omissions.
(c) If you cancel a Service for any of the reasons set out in paragraph (b):
(i) you will not be liable to pay an Early Termination Fee (provided that we can recover any outstanding Fees incurred up to the date on which our Agreement ends and any outstanding amounts that cover installation costs or Equipment where such Equipment can be used in connection with services provided by other suppliers); and
(ii) you will be entitled to a refund of the unexpired portion of any amounts you have paid in advance for the Service.

12.2 Our Suspension and Cancellation Rights
We may suspend, limit or cancel a Service:
(a) if you notify us in accordance with Clause 12.1;
(b) to the extent necessary for us to comply with an order, instruction or request of a Government Agency, an emergency services organisation or any other competent authority (whether such an order, instruction or request is received or reasonably anticipated by us);
(c) if we are required to do so by Law;
(d) if there is an emergency;
(e) if your Service has not been used or accessed for a continuous period of 24 months.

12.3 Other Suspension or Cancellation Events
We may suspend, limit or cancel a Service if:
(a) we have the right to do so in accordance with Clause 4.7 for your failure to pay Fees or other amounts;
(b) you do not provide prepayment as required by us in accordance with Clause 4.12;
(c) we have reasonable grounds to suspect fraud or other illegal conduct by you in applying for the Service;
(d) we have reasonable grounds to suspect fraud or other illegal conduct by you or any person using your Service;
(e) you fail to comply with our Acceptable Use Policy (if applicable to your Service);
(f) you are in material breach of any of the terms or conditions of our Agreement, including these General Terms.

12.4 Consequences of Cancellation, Suspension or Termination
(a) Subject to our rights under Clause 12.1(a), if we cancel or suspend the Service for any of the reasons listed in Clause 12.3, we will not charge you any disconnection or reconnection fee. If your account is terminated as a result of any of these events, you will be entitled to a refund of the unexpired portion of any amounts you have paid in advance in accordance with Clause

12.5 Expiration of a Fixed Term or Other Period
If:
(a) we have agreed to provide a Service to you for a Fixed Term or any other agreed period;
(b) that Fixed Term or other period expires; and
(c) neither you nor we cancel the Service;
we will continue to supply the Service to you on a month-to-month basis.

13. LIABILITY
13. Our liability under the Customer Service Guarantee
(a) This Clause 13.3 applies subject to any waiver of your entitlements under the Customer Service Guarantee Standard (the CSG) that you have provided to us. It may be a condition of some services that you waive your entitlements under the CSG.
(b) To the extent that we provide you with a standard telephone service (as defined in the Telecommunications (Consumer Protection and Service Standards) Act 1999) and specified enhanced call handling features, our service must comply with the CSG. The CSG sets out minimum performance standards in relation to service connection times, fault repair times and keeping appointments to provide you with a Service. The CSG does not apply to Customer Equipment or to customers that have more than five telephone services. We will connect Services not covered by the CSG within a reasonable time.
(c) If we do not meet the CSG performance standards, you may be entitled to receive monetary compensation as specified in the CSG. However, there are circumstances in which we may be exempt from meeting those requirements, including if you have agreed to a CSG waiver under the terms of the relevant Service Description in accordance with Part 5 of the Telecommunications (Customer Service Guarantee) Standard 2000 (No.2), where you unreasonably refuse us access to your premises or if you miss an appointment without giving us reasonable notice. For more information about the CSG, go to the ACMA website at www.acma.gov.au.

13.1 Consumer Guarantees
We agree to provide Services to you subject only to the terms, conditions and warranties contained in the Agreement and those imposed by Law which cannot be excluded. Certain remedies are available to you under the Australian Consumer Law if the Service or Equipment we supply to you fails to meet the standard required by applicable Consumer Guarantees.

13.2 Limitation of Liability for breach of a Consumer Guarantee
(a) Where we are not permitted to exclude our liability for our breach of a Consumer Guarantee but are permitted to limit our liability for such a breach, unless you are able to establish that it is not fair and reasonable for us to do so, our liability to you is limited to:
(i) if the breach relates to Equipment, the repair or replacement of the Equipment, the supply of equivalent Equipment or the payment of the cost of repairing or replacing the Equipment or supplying equivalent Equipment; or
(ii) if the breach relates to a Service, resupplying the Service or payment of the cost of having the Service resupplied.
(b) The limitations of liability in Clause 13.5(a) do not apply to:
(i) a breach of the Consumer Guarantees relating to clear title, undisclosed securities and undisturbed possession under sections 51 to 53 of Schedule 2 to the Competition and Consumer Act 2010 (Cth); or
(ii) a breach of any Consumer Guarantee relating to goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption.

13.3 Exclusion of Liability
To the extent permitted by Law, we have no liability to you or to any other person for: (a) any Claim by you or any other person for Consequential Loss (other than loss resulting from our breach of a Consumer Guarantee);
(b) any loss or damage suffered by you in connection with the Agreement or the Service to the extent that your acts or omissions or any Customer Equipment cause or contribute to that loss or damage;
(c) any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss; and
(d) acts, omissions or defaults of any third party or any person who provides goods or services directly to you for use in connection with a Service.

13.4 Cancellation of a Service
Cancellation of a Service or termination or expiry of the Agreement does not affect the provisions of the Agreement concerning limitation of liability and indemnity.

14. FORCE MAJEURE
14.1 No Liability
Subject to our obligations under the CSG as described in Clause 13.3 and any non-excludable rights you have under the Australian Consumer Law, we are not liable for, and will not be deemed to be in breach of the Agreement in the event of:

(a) Service outages; or
(b) any default by us in compliance with this Agreement,
if it is caused directly or indirectly by a Force Majeure Event.

15 Disputes
We will seek to resolve any dispute by agreement or consultation with you and request that you contact us on 02 9286 3774 in the first instance. If a dispute remains unresolved, you may have rights under the Telecommunications Industry Ombudsman (TIO) scheme. For further information go to www.tio.com.au or call the TIO on 1800 062 058 or (TTY) 1800 675 692.