Pacnet Rewards Program Terms

1. What is this document about?

This document sets out the terms and conditions which govern the Pacnet Rewards Program. The terms and conditions are special terms under our Standard Form of Agreement (SFOA).

2. Who do these terms apply to?

2.1. These terms apply to any person who becomes a participant in the Rewards Program, who is referred to in these terms as ‘You’ and ‘Your’.
2.2. In these terms ‘us’, ‘our’ or ‘we’ refers to Pacnet Internet (A) Pty Ltd ACN 085 213 690.

3. Who is membership of the Rewards Program open to?

3.1. If you are our customer, you may apply to join and participate as a member in the Rewards Program.
3.2. We may, at our sole discretion, choose to accept or reject any application.

4. Are any fees payable for participating in the Rewards Program?

4.1. You must pay an annual non-refundable membership fee of $99 (exclusive of GST) to us to participate in the Rewards Program. This amount will be charged on the next Pacnet invoice following the receipt of your application. The membership fee will be automatically charged annually while you are a Rewards Program member.
4.2. The membership fee will be charged to your Eligible Account at the start of each year of membership, and you must pay it in accordance with our trading terms.

5. How are Reward Dollars earned?

Subject to clause 6, after you spend $200 (exclusive of GST) on Eligible Calls in a billing month, you will earn 0.30 Pacnet Reward Dollars for every additional $1 (exclusive of GST) you spend on
Eligible Calls in that billing month. (For example, if you spend $300 in a billing month you will earn 30 Pacnet Reward Dollars)

6. When aren’t Reward Dollars earned?

You will not earn Reward Dollars:

6.1. where you fail to pay your invoice by the due date;
6.2. on any amount that we credit you in respect of Eligible Calls;
6.3. where your Eligible Account or any part of it is suspended;
6.4. where you breach these terms, the SFOA or any other agreement we may have with you;
6.5. where any of your Eligible Calls are discounted or subject to any other special offer from us;
6.6. on any invoiced amount which you pay with Reward Dollars (For example, if you pay the whole of an invoice with Reward Dollars, you will not earn any Reward Dollars in relation to that invoice);or
6.7. on calls which are included as part of a monthly base fee;

7. How can Reward Dollars be redeemed?

7.1. Subject to clause 7.2, you can redeem Reward Dollars by completing a redemption application available at: https://au.pacnet.com/rewards
7.2. You cannot redeem Reward Dollars if:

7.2.1. any service under your Eligible Account is suspended;
7.2.2. you are in breach of these terms, the SFOA or any other agreement we may have with you;
7.2.3. subject to clause 8.3, your membership has been terminated.

7.3. You may only redeem your Reward Dollars for:

7.3.1. a credit to be applied toward your Eligible Account;
7.3.2. goods or services available at https://au.pacnet.com/rewards subject to availability and any supplier’s terms and conditions;

7.4. You should allow at least 25 business days for delivery of rewards.
7.5. We may impose additional delivery and insurance charges for delivery of redeemed goods, in which case we may either debit sufficient Reward Dollars from your account or bill you on your next invoice.
7.6. Where you redeem Reward Dollars for travel (including accommodation, airfares, car hire, travel insurance, coach tours, cruises, rail travel, theme park passes, day tours, holiday packages, taxes and transfers associated with travel) all reservations and bookings must be made through Pacnet’s nominated Travel Agency. Please note that flights, accommodation, coach tours, cruises, rail travel, theme park passes, day tours and holiday packages are subject to availability, and may be offered subject to other conditions.
7.7. The redemption value of Reward Dollars for travel (including accommodation, airfares, car hire, travel insurance, coach tours, cruises, rail travel, theme park passes, day tours, holiday packages, taxes and transfers associated with travel) is $0.75c per Rewards Dollar (For example, if you redeem a holiday package with a cost of $1000, you will need to redeem $1333.33 Reward Dollars).
7.8. Without prejudice to our rights in clause 13.3, where we believe you have misused, exploited or otherwise acted contrary to the spirit of the Rewards Program we may cancel your entitlement to all Reward Dollars and redemption application (including a redemption application that you have already made).

8. How long are Reward Dollars valid for?

Reward Dollars are valid and redeemable only from the time they are credited to your account until the earlier of:

8.1. 3 years from the billing date in which the Reward Dollars are earned; or
8.2. your death;
8.3. 90 days from the termination of your Rewards Program membership provided you maintain your existing services, or upgrade your services, with us.

9. Can Reward Dollars be canceled?

Without prejudice to our other rights in this agreement, we may cancel all of your earned Reward Dollars and terminate your Rewards Program membership if:

9.1. you breach these terms or the SFOA and fail to remedy that breach within 60 days
9.2. your Eligible Calls in any billing period reduce by 40% or more compared to the previous billing period
9.3. more than 50% of the voice services we currently provide you are disconnected
9.4. the amount you spend on Eligible Calls is less than $200 per billing month for 3 billing months

10. Are there any restrictions on dealings with Reward Dollars?

In addition to other restrictions in these terms, Reward Dollars:

10.1. are not transferable; and
10.2. cannot be sold or traded.

11. Can others act on my behalf?

11.1. You may nominate up to 2 people to act on your behalf in dealing with your membership and the redemption of Reward Dollars.
11.2. Where you appoint a person to act on your behalf in clause
11.3, you indemnify us for any loss or damage which you or anyone else may suffer as a result of any act or omission of that person.
11.4. You must not transfer your rights under the Rewards Program to anyone without our written consent.

12. Are Rewards Summaries provided?

12.1. We will provide you with a Rewards Summary with your monthly invoice.
12.2. If you request us to provide a replacement Rewards Summary, we may charge an administrative fee.

13. Operation of the Rewards Program

13.1. We may terminate the Rewards Program at anytime and cancel all Reward Dollars on giving at least 30 days written notice to you.
13.2. To the extent permitted by law we are not liable to you for any loss arising from:

13.2.1. the termination of the Rewards Program; or
13.2.2. anything that is redeemed under the Rewards Program.

13.3 We do not provide any warranty on goods and services redeemed under the Rewards Program, but we will assign the benefit of any manufacturers warranty to you where we can.
13.4. If that liability cannot be excluded but can be limited under any legislation, we limit our liability to resupplying, repairing or replacing the relevant goods or services (or payment of the
cost of resupply, repair or replacement) where it is fair and reasonable to do so.
13.5. In no circumstances are we liable for any indirect or consequential loss including, without limitation, loss of income that you or anyone else may suffer.

14. Termination

14.1. Where you cease being our customer, your membership in the Rewards Program is deemed to have been terminated, unless we agree otherwise in writing.
14.2. We may terminate your membership of the Rewards Program where:

14.2.1. we believe you have misused, exploited or otherwise acted contrary to the spirit of the Rewards Program;
14.2.2. you breach these terms, the SFOA or any other agreement we may have with you; or
14.2.3. you become insolvent.

14.3. You may terminate your Rewards Program membership at anytime by giving us written notice. Where you terminate your membership in accordance with this clause 14.3, you will
continue to earn Reward Dollars until the expiry of your current billing period provided you maintain your existing services, or upgrade your services, with us.

15. General

15.1. If any provision in these terms is illegal or unenforceable, it may be severed without affecting the enforceability of the remaining provisions.
15.2. This Agreement may be varied by us from time to time, without notice.
15.3. We may transfer our rights and obligations under these terms and, on request by us, you must sign all documents necessary to give effect to that transfer.

These terms are governed by the laws of Victoria, Australia any you submit to the non-exclusive jurisdiction of that state.

16. Definitions

In this document:

eligible account means a single account you have with us, which you nominate as being the account to be used for participation in the Rewards Program
eligible calls means national voice calls, international voice calls, voice calls to mobiles and any other calls that we notify you of in writing. Eligible Calls do NOT include local (non-override), voice-mail retrieval, in bound 13, 1300 and 1800 services, 1300, 019, 0015, 0018 and 0014 calls, exchange based diversions, information calls or operator assisted calls
Rewards Dollars means credits earned under the Rewards Program which are subject to the Rewards Program terms and conditions
Rewards Program means the customer loyalty program operated by us or our assigns
Rewards Summary a statement detailing Reward Dollars transactions