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Terms & ConditionsImportant Customer Information: Your Rights and Obligations1. Standard customer agreementour standard customer agreement is a standard form of agreement for the purposes of Telecommunications legislation. It sets out the terms & conditions under which we supply to ourcustomers with individual services and equipment, or bundled products of services and equipmentcalled Packages. Up to date copies of the standard customer agreement and summary are available on request from us at PO Box 7738, St Kilda Road, VIC 8004 and from our website at www.teleus.com.au. The standard customer agreement does not apply to the extent that you have expressly agreed to any special terms and conditions for the supply of services and equipment in an individual contract. We may change or cancel any of the terms and conditions of the standard customer agreement without giving you prior notice, unless that change or cancellation is detrimental to you. If it is detrimental to you, we will either advertise that change in a national daily newspaper at least 3 working days before it takes effect or we will send you a notice about the change, with or on your bill or by another method of our choice, at least 3 working days before it takes effect. If we advertise the change as described above and do not send you a notice about the change before it takes effect, we will send you a notice about the change, with or on your bill or by another method of our choice, within 16 weeks after the variation takes effect. A copy of this summary in large print form is available, on request. 2. This summary This summary gives you an overview of important terms and conditions in the standard customer agreement. It does not cover all the terms of the standard customer agreement and special terms and conditions may apply to some services. If you require more information about your rights and obligations under the standard customer agreement, please read the standard customer agreement. 3. Parts of the standard customer agreement The standard customer agreement consists of the following:
4. Service and Equipment Packages We will provide the Package to you as specified in your Application. You must satisfy the eligibility requirements for a particular Service or Package, which may include:
We do not promise to monitor your Service for excessive or unusual usage or your level of liability for charges for such usage. You acknowledge and agree that we can suspend, cancel or bar your Service if it is used in an excessive or unusual way, but do not promise to do so. If we do suspend, bar or cancel your Service, you still have to pay for any charges incurred for any excessive or unusual usage (regardless of how caused) and the provisions relating to liability and indemnity also remain unaffected. We are not responsible for any equipment tampering or service fraud. Should you have any questions in relation to steps that may be taken to reduce the potential risk of fraud in relation to a Service or Telecommunications equipment, please contact us and we will end eavour to provide such information or direct you to an appropriate source ofinformation. 5. Providing Equipment We will provide the Equipment to you as specified in your Application, on the terms specified in Parts B, Part G, and the General Terms (as relevant). You must pay the Equipment or Purchase Equipment Charges specified in your Application. Installation: We will provide you with the Equipment but you are responsible for costs of delivery and installation, and the Equipment is at your risk once we deliver it to you. Rental Equipment remains our property. Purchase Equipment becomes your property when you have paid for it in full in cleared funds. We may terminate the standard customer agreement by written notice to you if you have not enabled installation of the Equipment within 60 days of the Proposed Installation Date as stated on your Application. In that event, you must pay us liquidated damages in accordance with the standard customer agreement. Your obligations: You also have certain obligations in respect of the Equipment as specified in the standard customer agreement. Your obligations under the standard customer agreement continue even if the Equipment breaks down, is defective or damaged, and you have no right to claim or set-off or withhold any payment to us. Termination: We may terminate your standard customer agreement for breach, insolvency, credit reasons or other matters specified in the standard customer agreement or if the Equipment is lost, stolen or substantially destroyed. If we do this, you must pay us within 7 days of our demand:
6. Providing Maintenance Maintenance is provided in connection with Equipment or other agreed equipment on the terms specified in Part C and to the level of service you have selected in your Application. 7. Providing Voice and Mobile Services We will provide Voice and Mobile Services to you as specified in your Application, on the terms specified in Parts D and F (asrelevant) and on the General Terms. If you select a Voice Service with a minimum term of 12 or 24 months, the Minimum Monthly Spend component will be billed a month in advance and if you elect to terminate the agreement prior to the expiry of the minimum term, an early termination fee equal to $150 plus (the Monthly Recurring Service Charge component of the Minimum Monthly Spend x N x 30%), where: N = the number of months, or part thereof, between the date of termination of your Minimum Term Contract and the expiry of the Minimum Term Contract. Faults and repairs: We provide a fault reporting service. You should notify faults to our help desk by calling 1300 939 717. We will repair and maintain our network. You are required to repair and maintain any equipment that you own. Transfer of Voice and Mobile Services: If you want to transfer to your Voice or Mobile Services, you authorize us to sign all forms and notifications in relation to the transfer on your behalf. If you want to transfer any of the Voice or Mobile Services to another telephone company, you will remain liable to us for any charges due up to the date of transfer. Any unpaid amount must be paid in full on receipt of our invoice. 8. Providing Data & Internet Services We will provide your requested Data & Internet Services to you, as specified in your Application, on the terms specified in Part E and on the General Terms (to the extent that they are relevant to the Data & Internet Services). We will not provide Data & Internet Services to you if the telephone number range given by you fails service qualification. Data & Internet Services may not all be subject to the Customer Service Guarantee standard administered by the ACMA. You must take the Data & Internet Services for the Minimum Services Term specified in your Application. Unless you give us written notice 1 month before the end of the Minimum Services Term, the Minimum Services Term is automatically extended from month to month at the same rate, including the same monthly charge, and on the same terms and conditions. Acceptable use: If we provide you with Internet Services then you must comply with our Acceptable Use Policy in Schedule 3 to Part E of the standard customer agreement. 9. Data & Internet Services Related Equipment Installation: We will provide the Data & Internet Services Related Equipment to you as specified in your Application, on the terms specified in Part E and the General Terms (as relevant). You are responsible for costs of delivery and installation, including additional charges where applicable. You acknowledge that installation may cause temporary disruption to your standard telephony services. Risk in the Data & Internet Services Related Equipment passes to you once we deliver it to your nominated address. If we are installing the Data & Internet Services Related Equipment, you must provide us, or our suppliers, with reasonable access to your premises. Charges may apply if you do not provide access. We may terminate the standard customer agreement by written notice to you if you have not installed or enabled installation of the Data & Internet Services Related Equipment to take place within 30 days of the Proposed Installation Date stated in your Application. In that event you will pay us liquidated damages in accordance with the standard customer agreement. Configuration: Changes to the configuration of the Data & Internet Services Related Equipment may be subject to a configuration charge specified in Part E of the standard customer agreement. We will use reasonable endeavours to configure the Data & Internet Services Related Equipment such that it works with your network but local network configuration is your responsibility. Telephone configuration changes are only available for our supported modems and routers. Your obligations: If you are supplied Data & Internet Services Related Equipment by us, or our suppliers, then you have certain obligations in respect of the Data & Internet Services Related Equipment specified in the standard customer agreement. Faults and maintenance: If we have a Service Level agreement with you, the Service Levels accompanying your Application will apply. We can change Service Levels at any time. You can access updated Service Levels at our website on www.teleus.com.au or by calling our customer service number on 1300 939 717. Otherwise you should notify any Faults to our help desk by calling 1300 939 717. Part E describes what our Fault correction and maintenance services do not cover and the extra work and charges for which you may be liable. 10. Varying Data & Internet Services We may charge you, in accordance with Part E, to move your Data & Internet Services to a new address. If we cannot provide Data & Internet Services at your new address, we may terminate the standard customer agreement by notice to you. You may be able to change your Data & Internet Service plan if it is specified in Part E. Fees and limitations do not apply if you upgrade your Monthly Recurring Service Charge. 11. General Terms Business Purposes only: You warrant that you will only use the Equipment and Services for business purposes and the amounts incurred by you under the standard customer agreement incur necessarily to carry on your business. Availability: We provide Voice Services and Data & Internet Services subject to availability, geographical and technical capability. We do not warrant that those Services will be provided without interruption, delay or faults. Access to premises: You must provide us with access to your premises for the installation, provision, inspection, replacement or modification and maintenance of equipment or Services as specified in the standard customer agreement. If you do not own the premises you must obtain the owner's permission. You indemnify us, or any person we approve, against any claim arising from our or such approved third party's entry on the premises. Charges: We will charge you for all use of your Services and Equipment and other charges in accordance with the standard customer agreement, whether or not you authorised that use. You will be charged for Services according to the TELEUS Rate Sheets accompanying this summary, the charges stated in the Application and the standard customer agreement including Schedule 2 of Part E for Data & Internet Services, and for miscellaneous charges, details of which are available on request. We may charge you for connection (if specified in your Application), reconnection, disconnection, access, usage (including timed and untimed calls), equipment, maintenance, repairs and other charges associated with the supply of the Services. We may increase or reduce the charges for Data & Internet Services in accordance with the standard customer agreement. Charges may vary depending on peak and off peak times, the type of call, the volume of calls, specific terms of a contract and any applicable rebates, discounts or special rates that may apply from time to time. The first and last month's charges for Data & Internet Services will be pro-rated based on the number of days of service supply in the relevant month. All charges are GST exclusive unless expressly stated otherwise. Our records are sufficient evidence of amounts payable by you unless shown to be incorrect. If you require more information about our call charges, please contact us on 1300 939 717. Payment: We will bill you for any charges payable under the standard customer agreement. We will usually invoice you in advance for periodic charges relating to Data & Internet Services and in arrears for period charges, connection and service fees and usage charges unless expressly stated to the contrary or expressly agreed in writing otherwise. We will usually send you a monthly invoice for charges due, but we may vary invoice frequency without notifying you. We may issue interim invoices. Your bill will indicate your options for making payment. We will add $20 to your next invoice if an invoice is paid by cheque and that cheque is dishonoured. If you are a company, we may impose a default charge on any part of the charges not paid to us by the due date on the invoice. These charges will be calculated using the formula specified in the standard customer agreement. We also may charge you administration fees for recovering overdue amounts from you. Security deposit and spend limits: We may require you to lodge a security bond and may deduct from that bond any amounts owing to us 30 days after the date of issue of an invoice. We may also set a limit on the amount we will allow you to spend during a month. Action we can take: If you fail to comply with the standard customer agreement, we can pay any money or do anything necessary to make good your failure. We can also do anything to protect our rights or those of our Suppliers. You irrevocably authorise us, or our suppliers, to act on your behalf in protecting or enforcing our rights. Damage and insurance: You must notify us immediately if any Equipment supplied by us is lost, stolen or damaged or any person asserts any rights to such Equipment. You are required to take out insurance for the Equipment as specified in the standard customer agreement. Exclusion of warranties and limitation of liability: We limit and in some circumstances exclude our liabilities and warranties for providing Services or Equipment specified in the standard customer agreement. To the maximum extent permitted by law, we, and our related bodies corporate, exclude all implied conditions and warranties that may arise under our standard customer agreement and will not be liable for any loss of profit, saving or data or for any indirect and consequential loss. To the maximum extent permitted by law, our liability, and that of our related bodies corporate, for direct, indirect or consequential loss or damage arising out of the standard customer agreement will be limited at our option to: the repair or replacement of goods or payment of the cost of their repair or replacement; or the resupply of Services or equivalent services or the payment of the cost of having those Services resupplied. Indemnities: You indemnify us and our related bodies corporate against any losses etc arising out of: your breach of the standard customer agreement; claims or demands made against us by people other than you arising from our supply of Services or Equipment or any other equipment to you; claims or demand which you or anyone else make against our suppliers arising from our supply of the Services or Equipment to you; and any damage caused by you or your employees, agents or contractors to our, or our supplier's, network, equipment or other property. 12. Customer Service Guarantee (CSG) To the extent we provide you with a standard telephone service (as defined in the Telecommunications (Consumer Protection and Service Standards Act) 1999)) (Cth) and certain specified enhanced call handling features, we may be obliged to comply with the CSG. The CSG sets performance standards for service connection times, fault repair times and keeping appointments to provide you with these services. The CSG does not apply to customer equipment (including Equipment) or to customers who have more than five telephone lines. If we fail to meet CSG performance standards, you may be entitled to specified monetary compensation. Our CSG policy is available on our web site at www.teleus.com.au . Further information about the CSG is available on the ACMA website at www.acma.gov.au 13. Complaints We aim to investigate and resolve your complaints quickly and effectively. If you have a complaint, you may complain to our customer service number or in writing. We will comply with our consumer complaints policy. If we cannot resolve your complaint, you may refer your complaint to the Telecommunications Industry Ombudsman (TIO), the ACMA or the Department of Fair Trading in your state. For further information, see the TIO website at www.tio.com.au. Further information is contained in our customer complaints policy that is available on our website at www.teleus.com.au 14. Privacy and SPAM If you are a natural person we may collect Personal Information about you when you apply for the Services, included but not limited to your electronic contact details such as email. We will use this information to provide you with and administer the Services, including disclosing it to third parties who assist us to provide the Services to you and to our related bodies corporate and business partners. We, and our related bodies corporate and business partners, will also use this information to tell you more about other goods and services each of us offers and you agree to us doing so unless you tell us not to. You can do this by contacting our privacy officer on 1300 939 717 or ticking the appropriate box in the Application form. If you have any questions relating to privacy, you can contact our privacy officer on 1300 939 717. You can also access further information on our website at www.teleus.com.au. If you are a business customer we may collect information about your business, including but not limited to your electronic contact details such as email. Clauses 7 and 8 of the standard customer agreement tell you more about how we usually collect and disclose your personal information and/or business information. You consent to us sending you commercial electronic messages. If you do not want us to send you commercial electronic messages you may ask us not to by ticking the appropriate box in your Application or by sending a blank email to: info@teleus.com.au 15. Credit Checks If you are a company we will conduct credit checks on you. If you are a natural person you:
16. TRANSFER AUTHORITY I, the authorised signatory, have responsibility for dealing with Telecommunications matters and am authorised to sign this transfer authority and make the changes to the services listed in Section 8 above and agree that:
17. DECLARATION I (the Customer) apply to TELEUS (ABN 17 433 483 120) (TELEUS PTY. LTD.) for the supply of the Voice Services (as indicated in the service option) for the service numbers listed in Section 8 and acknowledge that:
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