Voice Category Terms

1. Application

These terms apply to all fixed line telephony services we provide, and form part of our customer contract with you. They must be read in conjunction with our core terms at au.pacnet.com/terms-and-conditions/.

2. General terms

We:

2.1. need not provide telecommunication services to you until we have received your authorisation;

2.2. will provide telecommunication services contained in the verification email we send to you, unless you tell us otherwise, before we enable the telecommunication service.

3. Transfers

3.1. Where you wish to transfer a telecommunication service to us from another supplier, and we agree, we do so subject to:

3.1.1. the connection / transfer requirements for those services;

3.1.2. your eligibility for those services;

3.1.3. the availability of those (goods or) services;

3.1.4. you meeting our credit management requirements;

3.1.5. you paying any associated fees including any fees that are charged to us by your existing supplier or by our wholesaler.

3.2. Where you wish to transfer a telecommunication service from us to another supplier:

3.2.1. it is your responsibility to arrange the transfer with the new supplier;

3.2.2. you remain responsible for all charges payable under your customer contract including usage charges until the transfer actually takes place;

3.2.3. you must pay all our outstanding fees and charges immediately, and the accrued fees and charges immediately upon invoice.

4. Ordering and provisioning

4.1. This clause 4 applies to ordering and provisioning for new telecommunication services.

4.2. For the purpose of these service terms, ‘new telecommunication service’ includes a telecommunication service transferred from another Supplier.

4.3. Where we agree to provide telecommunication services to you, we do so subject to availability of the telecommunication services to the customer premises.

4.4. Where we arrange a date for provisioning of a telecommunication service, we may change this date:

4.4.1. if you ask for a later date, or ask for provisioning to be deferred; or

4.4.2. where our wholesaler requests it; or

4.4.3. where the works required to provision the telecommunication services are complex and require technical design and planning.

5. Obligations

5.1. You must:

5.1.1. not re-supply, re-sell or provide our telecommunication services to another party without our consent;

5.1.2. notify us immediately if the telecommunication services are defective;

5.1.3. not use telecommunication services for an unlawful purpose;

5.1.4. not use or connect any equipment on telecommunication services unless it is approved:

5.1.4.1. by the Australian Communications & Media Authority and bears their approval logo; and

5.1.4.2. by us;

5.1.5. pay for any works which our wholesaler needs to carry out to enable the telecommunication services to the customer premises;

5.1.6. provide us with any information (including copies of documents1) we reasonably require;

5.1.7. provide us with reasonable access to the customer premises where you wish to enable or rectify a telecommunication service.

5.1.8. not replace us as your agent or appoint another agent for the purposes of preselection of any voice Services (including any one or more of local, STD and international calls) during the Minimum Term or Term as the case may be without our written consent.

5.2. You agree to transfer the telecommunications services to us by use of any method determined by us including but not limited to churn, preselection or override. Where we determine that preselection is the method of transfer of the telecommunications services, you agree to us preselecting your pre-selectable services to us or another service provider. You can confirm your preselection status by dialing 12711.

5.3. Where we determine that override is the method of transfer of the telecommunications services you agree that the service is only available through override dialing where you are responsible for programming our override code into your phone system.

5.4. We may provide the telecommunications services by: (a) you programming your equipment to route calls to an override code; (b) preselecting your preselectable services to a service provider nominated by us; (c) otherwise by any other method reasonably available to us.

5.5. Where you do not select our ” Single Bill – Full Voice Services” in the Application, your existing service provider will continue to provide and bill you for service and equipment and line rental (“network access”) including associated services, such as but not limited to directory assistance, call connect, 1300, 019, 0015, 0018 and 0014 calls, exchange based diversions, information calls, operator assisted calls, directory charges. You acknowledge we will be unable to provide the Services to you if you do not maintain network access.

5.6. Where you select “Single Bill – Full Voice Services” in the Application you agree to acquire local access resale services (including line rental) from us and we agree to supply this Service. We will resell to you and bill you for Telstra services such as Services and Equipment [including line rental], local calls, directory assistance, Call Connect, 019, 0015, 0018, 1300, 1800, 13 and 0014 calls, exchange based diversion, information calls and operator assisted calls.

5.7. The Services do not include services such as rental of phones system or handsets, directory charges.

5.8. The Services may include our local call override services conditional on your equipment remaining programmed in compliance with our programming instructions for the Term or Minimum Term as the case may be.

5.9. Where you select our “Single Bill – Full Voice Services” in the Application you agree to contact us not Telstra or any other provider in order to resolve any faults with the Service. If you fail to comply with this Clause you agree that we may without limitation charge you an amount equal to all amounts charged to us by Telstra (or any other carrier) or other provider plus an administration charge of $25.

5.10. Supply of local call Services or rebill Services only.

Where you select our “Single Bill – Full Voice Services” in the Application you agree to acquire preselectable Services (long distance and calls to mobiles) from us. For any calendar month where we supply you with only local call (not preselectable Services) or Services rebilled from Telstra, we may charge you $25.

6. Cooling off

6.1. If you are entitled to a cooling off period under the law, and you wish to exercise it then you must do so in writing within the period allowed by law.

accordance with this clause 6 then:

6.2.1. you must immediately at your cost return any goods, that we may have given you; and

6.2.2. we will repay any money you have paid us, provided you have first returned any goods that we gave you with respect to a telecommunication service (whether on its own or part of a bundle).

7. Caller line identification

7.1. Your caller line identification will be visible to us when you call us, even if it is blocked.

7.2. Unless you have requested that we do not disclose your caller line identification information, it may be disclosed to all parties that you call using a telecommunication service that we provide.

8. Acknowledgments

You acknowledge that:

8.1. by requesting us to transfer a telecommunication service, we will be transferring it from your existing supplier to us;

8.2. the transfer of a telecommunication service is subject to our Standard Form of Agreement (‘SFoA’);

8.3. you are aware of our identity and address;

8.4. where you transfer a telecommunication service to us, there may be consequences for you, and that it is your responsibility to check the terms and conditions of your existing contracts with suppliers;

8.5. a transfer of a telecommunication service does not occur instantly, and that you are still responsible for all charges incurred to your existing supplier until the transfer takes place;

8.6. you are responsible for all charges incurred on your telecommunication service, whether or not you use that service;

8.7. we cannot guarantee telecommunication services will be connected within the time we indicate to you;

8.8. where you lodge a fault report and fail to provide all of the information we require, or you provide incorrect information, then it may delay rectification;

9. Warranties

You warrant that:

9.1. you are fully authorised to request us to transfer, change or connect telecommunication services;

9.2. you are not under any legal disability which may prohibit you from requesting telecommunication services;

9.3. the information you have provided us in your application for service is true and correct in every particular;

9.4. you will do all that we reasonably require you to do, in order for us to provide you with the telecommunication services.

10. Service standards

10.1. We will comply with performance standards which are made by the Australian Communications & Media Authority under Part 5 of the Telecommunications Act 1997, which relate to the telecommunication services that we provide, or offer to supply you.

10.2. If we breach any applicable performance standards we do not admit liability by agreeing to pay damages in accordance with clause 10.3.

10.3. We may pay a credit, for breach of a performance standard:

10.3.1. by applying the credit to your account, where we are required to pay for breach of a performance standard under Part 5 of the Telecommunications Act 1997; or

10.3.2. in any way we decide, and you agree to any method of payment that we propose;

10.3.3. within 14 weeks of the time we agree to pay damages (or such other period required by law).

10.4. To the extent permitted by law, we are not liable to pay damages for breach of a performance standard where the breach was caused by:

10.4.1. any act or omission of yours which prevented us meeting the performance standards2 or the consequences of a force majeure; or

10.4.2. any matter contained in clause 4.3 and 8.1.9; or

10.4.3. you change an order for voice services.

10.5. Time for rectification of your fault commences the next business day after we log the fault report with our wholesaler.

10.6. Time for connection of telecommunication services commences the next business day after we provide the request to our wholesaler.

10.7. From time to time we, along with our wholesalers publish details of service disruptions, where we provide you with telecommunication services details of service disruptions will be emailed to you or published on our website at au.pacnet.com.

10.8. Where details of service disruptions are published under clause 10.7, we claim an exemption (where permitted by law) from payment under the performance standards.

11. Fault and service difficulties

11.1. You may lodge a fault report with us:

11.1.1. at anytime, but if you do so after 5:00pm or on a day which is not a business day, then the fault report is deemed to be lodged on the next business day;

11.1.2. and when you do so you must provide us with all of the information we require to process a fault report.

11.2. Where you lodge a fault report, and after investigation it is found that the fault is caused by your equipment (and that equipment is not provided under a customer contract with us and its warranty has expired) then we may charge you a fee.

12. Call barring

12.1. Where you fail to pay us money by its due date, we may impose barring or temporary disconnection on your telecommunication services.

12.2. You may request that we apply barring to your telecommunication service.

12.3. Telephone numbers prefixed with ‘1900’ are barred unless you request that they become accessible and we agree3.

13. Disconnections

We may disconnect a telecommunication service where:

13.1. your customer contract is terminated;

13.2. you have failed to pay us money when it is due; or

13.3. you transfer that telecommunication service to another supplier.

14. Early termination

14.1 Subject to clause 14.4, we may terminate your customer contract with respect to voice services:

  1. where your customer contract contains a minimum spend and you do not spend/achieve at least 70% of the minimum spend;
  2. where you fail to comply with clause 5.18;
  3. where you fail in any two consecutive months to spend on monthly call charges with us an amount equivalent to 70 % of the average monthly amount paid to us for the Services (based on the last two full months prior to the breach).

14.2 Where we terminate your customer contract with respect to voice services:

  1. on the basis of clause 14.1(a), then we may charge you an amount equal to 50% of your minimum spend (excluding GST) multiplied by the number of months (or part of a month) remaining in your customer contract. For example if you have a minimum term contract of 12 months with a minimum spend amount of $300 per month, and we terminate your contract in month 6, then you must pay us $150 x 6 months = $900 (plus GST);
  2. on the basis of clauses 14.1(b) and 14.1(c) an amount equal to the number of months from the date you fail to comply with either clauses 14.1(b) and clause 14.1(c) until the end of the Minimum Term multiplied by 50% of the average monthly amount paid to us for the Services (based on the last two full months prior to the breach and including without limitation all call charges and line rental) will be immediately due and payable. This clause does in any way limit or reduce our rights under your customer contract.

14.3 If you terminate a contract before the expiry of a minimum or fixed term then you must pay us a termination charge which is: the total of your last 3 months of invoices (relating to the contract that is terminated) divided by 3 and multiplied by the number of months remaining in your contract with us. e.g. if you terminated in March, if you spent $250 in January, $300 in February and $600 in March (total $1150) divided by 3=$383.33 x 6 (if you have 6 months remaining in your contract term)=$2299.98 (contract termination charge).

14.4 You acknowledge that the amount determined in accordance with clause 14.2 and 14.3 is a genuine pre-estimate of the loss we are likely to suffer.

14.5 We may terminate your customer contract for the reasons in clause 14.1 (of these category terms) in accordance with clause 31 of our Standard Form of Agreement.

14.6 Where you are required to pay us money under clause 14.2 you must pay us immediately upon invoice unless you are a consumer and you are subject to the rights under ACIF Code C620:2005 Consumer Contracts Code – in which case you must pay us within 7 days of invoice.

14.7 Where you are a consumer to whom ACIF Code C620:2005 Consumer Contract Code applies – this clause is to be read subject to the Code – if any part of this clause 14 is deemed to be void or voidable then the termination charge will be $250.

15. Definitions

For the purpose of these category terms words have the following meanings:

Customer premises the physical location at which you would like to enable a telecommunication service
Minimum spend A minimum amount that you must spend on voice services with us every billing month.
Telecommunication service as defined by the Telecommunications Act 1997 but limited to the voice services (excluding VOIP) that we provide or offer to provide (a reference to Voice Services in these Category Terms is also a reference to Telecommunication Service)
Verification email the welcome email we send you when you apply for a new telecommunication service which verifies your order
Wholesaler any wholesaler whose telecommunications services we sell, and includes third party carriers who provide these services to our wholesaler

1. e.g. sometimes we may require documents such as your tenancy agreement before we can provide you with telecommunication services.
2. e.g. if you cancel an appointment for the installation or works to enable the telecommunication service.
3. Our approval is based on a number of factors one of which is whether you are approved by our credit department.