Fresh Telecoms - Privacy Policy

Fresh Telecoms respects your privacy and carefully safeguards personal information you may provide to us. Accordingly, Fresh Telecoms maintains the following privacy policy to protect personal information you provide to us online.

Fresh Telecoms typically only receives specific data about its Web site users when such information is provided voluntarily, such as when our users purchase services, provide information for employment opportunities, or send us e-mail. Fresh Telecoms will not sell, trade or disclose to third parties any personally identifiable information unless authorized by the user, it is necessary to fulfill the user's request, it is legally required, or in the case of imminent physical harm to the user or others. On some Fresh Telecoms Web site pages, users can order products and services, make requests or register to receive information. Such customer-specific information will be used to fulfill the specific requests or purpose for which it was provided.

Fresh Telecoms may gather some generic information automatically. Such generic information does NOT reveal the identity of the user and is used generally to determine customer service needs. Fresh Telecoms Web site may use "cookies", a technology that can be used to provide the user with tailored information about Fresh Telecoms services. You can set your browser to notify you when you receive a cookie and you can refuse it.

Fresh Telecoms - Legal Notice

By accessing Fresh Telecoms World Wide Web pages you agree to the following terms. You must not access our pages if you do not agree to all the following terms.

The contents of Fresh Telecoms World Wide Web pages are copyright Fresh Telecoms 2007. All rights reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of Fresh Telecoms is prohibited except in accordance with the following permission. Fresh Telecoms consents you to storing on your computer or printing copies of extracts from these pages for your personal use only. Individual documents in our World Wide Web pages may be subject to additional terms indicated in those documents.

The contents of Fresh Telecoms World Wide Web pages are provided "as is". Except as required by applicable law no warranty of any kind, either express or implied, is made in relation to the accuracy, reliability or content of the pages. Fresh Telecoms reserves the right to revise the pages or withdraw access to them at any time.

Fresh Telecoms - Telephone Services

Fresh Telecoms ABN 14 120 463 390 of PO Box 1058, Mittagong NSW 2575 ("Fresh"), will provide you with Services in accordance with these terms and conditions and other provisions of the Agreement.

1. Definitions
Undefined or un-interpreted words used in this Agreement shall have the same meaning as in the Telecommunications Act 1997 (Cth).

1.1. Definitions
Account Application means the account and telephone application forms headed `Application for Telephone Service' and 'Application for Telephone Account ' respectively, either or both of which are completed by you and to which these terms and conditions are attached. Airtime Services means the services we provide to you. The services include long distance national and international calls, calls from fixed lines to mobile phones and local calls. Agreement means the agreement between us and you for the provision of Services comprising these terms and conditions, the Account Application once accepted by us and our current Tariff Schedule. Credit means the deduction of a payment made by us for services provided to you. Credit Reporting Agency means a credit reporting business as defined in the Privacy Act 1988 (Cth). Current Supplier means a Carrier who supplies Telecommunications Services to you at the time of you signing the Agreement. Customer means the customer identified in the Account Application also referred to as `you'. GST has the same meaning as in the GST Act. GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth). Monthly call credits means a monthly deduction of a required payment for airtime services provided to you by us. Other Supplier means a Carrier other than Fresh Telecoms, who supplies Telecommunications Services. Person means "entity" as that term is defined in section 64A of the Corporations Act 2001. Rate Type has the same meaning as in the Tariff Schedule. Rental Agreement means the agreement between us or our related body corporate (as defined in the Corporations Act) (as agent or principal) and you for the rental of telephony or other equipment dated on or about the date of this Agreement. Telecommunications Services means telephony services as agreed between you and us from time to time. Settlement Date means the date of commencement of the Rental Agreement or otherwise the date of commencement of the Services. Tariff Schedule means our tariff schedule (excluding GST) as at the date of the Agreement accompanying these terms and conditions as replaced from time to time in accordance with clause 3.4. Total call credits means the initial amount of call credits provided to you by us at the time of signing the Agreement. Total call credits available means the amount of call credits available to you at a point in time. Transferred Services means the Telecommunications Services transferred to us from your Current Supplier.

1.2 Interpretation
(a) the expressions "we", "our" and "us" refer to Fresh Telecoms; and (b) the expressions "you" and "your" refer to the Customer.

1.3 Inconsistency
If these terms and conditions are inconsistent with any other document forming part of the Agreement then these terms and conditions shall prevail to the extent of any inconsistency.

2. Provision of Services

2.1 We will provide you with our Services at the earliest practical time after commencement of the Agreement.

2.2 Local calls are provided through override dialing codes nominated by Fresh Telecoms. Your telephone system must be programmed with the override codes or you agree to Fresh providing at your cost, override dialing boxes for each line.

2.3 Fresh may change the technical specification of the services without notice to you. Fresh may change the manner in which the Services are provided to you, including changing the service provider, without notice to you.

2.4 Fresh may provide the Services by: (a) you programming your telephone system equipment for the override code nominated by us; (b) preselecting your pre-selectable services to a service provider nominated by Fresh; or (c) by any other method reasonably available to Fresh.

2.5 You agree to transfer the Services to Fresh by use of any method nominated by Fresh including but not limited to preselection or override.

2.6 Where Fresh determines that override is the method of transfer of the services you agree that the service is only available through override dialing where you are responsible for programming the override code nominated by Fresh into your telephone system or subsequent to your acceptance of our override dialers on each of your lines.

2.7 Where Fresh provides equipment including but not limited to dialer boxes in conjunction with the provision of the services, then (a) title in the equipment remains with Fresh; (b) you will not attempt to sell, rent, remove or otherwise interfere with, create an interest in or dispose of that equipment; (c) you will provide us with reasonable access to that equipment and provide basic amenities for the equipment such as electricity; (d) we may change the equipment at any time; and (e) on termination of this agreement you authorise us to enter your premises and remove such equipment.

3. Billing

3.1 Invoicing: We will usually invoice you monthly for the Services in accordance with the Tariff Schedule, plus GST, which may change from time to time in accordance with the Agreement. We reserve the right to defer billing in respect of any billing period and to add the charges incurred to any subsequent billing period.

3.2 Method of Billing: We will bill you in arrears for usage charges and in advance for all periodic charges, equipment rental, connections and service fees and all other charges. The bill shall be calculated in accordance with data recorded and supplied to us by the Carrier and shall not be calculated by reference to any data recorded by the Customer.

3.3 Time for Payment: All bills must be paid within 14 days of the date of invoice.

3.4 Changes to Charges: Subject to Clause 3.5 we may from time to time increase our charge for any Service (including decreasing the rate of any discounts associated with Services) by giving one months notice in writing to you of the new Tariff Schedule.

3.5 Other Suppliers' Charges: Our charges to you may include charges which Other Suppliers' charge to us in relation to your account (including increases or special or one-off charges) from time to time without notice.

3.6 Other Charges: (a) You will pay to us in accordance with Clause 3 any charges which any Other Supplier charges to us because you approach that Other Supplier directly, or, otherwise than through us. (b) You will pay to us in accordance with Clause 3 any charges which any Other Supplier or other Person charges to us for connection or initiation of any Service or for cancellation of any Service.

3.7 Overdue Amounts: If you do not pay a bill by its due date we can charge you an administrative fee (told to you on your bill or by other written notification) and interest at 2% above the overdraft rate from time to time charged by our principal bankers. You also agree to pay us all costs, fees, charges incurred by us in respect of collecting any overdue amounts, including bank charges incurred as a result of dishonoured cheques. If you do not pay a bill by its due date and we notify you through an overdue notice, we may bar, suspend or cancel the services and we can charge you an administrative fee (told to you on your bill or by other written notification) to unbar or reconnect your services.

3.8 Disputed Amounts: In the event that a bill is disputed by you, you agree to pay to us all amounts payable pursuant to the disputed bill without deduction or set-off and we agree to the refund any monies found to be charged incorrectly after reasonable and proper investigation.

3.9 Your obligations under this Agreement, including the obligation to pay the charges referred to in this clause 3, are several and independent from your or our obligations under any other agreement you may have with us or our related bodies corporate, including the Standard Rental Agreement dated on or about the date of this Agreement.

3.10 We reserve the right to reduce any available call credits if you are found in breach of this agreement.

4. Period of Agreement

4.1 Commencement and Term: The Agreement commences on the date the Account Application is signed by both parties, and, unless the term is specified elsewhere in the Agreement, continues indefinitely.

4.2 Term Agreements: Where the agreement for the provision of services is for a minimum term, typically of 12 months or 24 months, and you cancel your local and/or your long distance services within the 12 month or 24 month agreement period, a $300 termination fee will apply.

4.3 Commencement of Service: The provision of Services commences when the Transferred Service accounts are transferred from your Current Supplier to our nominated Carrier by your Current Supplier and upon completion of installation of any necessary equipment and any other arrangements with any Other Supplier for the provision of the Services.

5. Transfer of Your Account from Your Current Supplier

5.1 Transfer to us: By signing the Agreement: (a) You authorise us to sign on your behalf and in your name forms of authority to your Current Supplier as are necessary to transfer the Transferred Services accounts as we direct. (b) If we request, you will yourself give written instructions to your Current Supplier to transfer the Transferred Services accounts from your name to ours. (c) You will immediately pay your Current Supplier all amounts owing to it for the Transferred Services up to the time of transfer of those accounts. (d) If we, in our absolute discretion, make any payment on your behalf to your Current Supplier, as referred to in clause 5.2(c) then you will reimburse us for that amount.

5.2 Re-Issued Bills: We reserve the right to re-issue any bill in order to correct any misdescription, error, omission or miscalculation, subsequently discovered and such re-issued bill will take precedence over any prior bill.

6. Transfer of your Account from Us to Other Supplier

6.1 Transfer of Services: If in the future you request us to transfer any of the Services to any Other Supplier, then you remain responsible to us for the amount payable for the Services up to the time when we transfer those accounts to the Other Supplier and you will pay us that amount in accordance with clause 3.

6.2 Termination of Services: Our obligations to provide the Services cease when we transfer those accounts to any Other Supplier. We will bill you for the Services up to and including the date they are transferred to the Other Supplier and for all other charges you are liable for under the Agreement in accordance with clause 3.

7. Variations to the Agreement

7.1 Without Notice: We may from time to time vary the Agreement without notice: (a) by changing the Carrier we use to carry your call traffic; or (b) by reducing your obligations under the Agreement (including all charges).

7.2 With Notice: We may otherwise vary the Agreement by one months notice in writing to you.

8. Credit Checks & Other Checks

8.1 Terms used in this Clause 8, which may have a defined meaning under the Privacy Act, 1988 (Cth) have the same meaning in this Clause 8.

8.2 Personal information in our possession that relates to you may be disclosed by us to a Credit Reporting Agency, and you hereby consent to such disclosure.

8.3 You agree we may obtain a credit report relating to you from a Credit Reporting Agency for the purpose of either processing your application to us for commercial credit, or for collecting over due payments in respect of commercial credit provided to you by us.

8.4 You agree that we may disclose a credit report or other report relating to you or any other personal information derived from that credit report or other report to any other credit provider for any of the following purposes: (a) the assessment by us or the other credit provider of your creditworthiness. (b) the collection by us or the other credit provider of payments that are overdue, or (c) the exchange of information between us and the other credit provider for the purposes referred to in sub paragraphs (a) and (b).

9. Your Compliance
You will ensure that you comply at all times with all laws and obligations, including licence conditions applicable to the Services and their use.

10. Your Assistance

10.1 Installation and Programming of Equipment: You will assist us in ensuring that any equipment necessary for you to receive the Services and access our network is installed and programmed so that calls to destinations nominated by us from time to time are, as far as possible, carried by our preferred Switched Services Network.

11. Relationships

11.1 By signing the Agreement you are entering into a direct relationship with us and not your Current Supplier.

11.2 If you currently have a discount plan with a Carrier it will cease to apply when you switch to us.

12. Termination

12.1 Termination: Either party may terminate this Agreement by giving 30 days written notice unless the agreement is a term agreement.

12.2 Immediate Termination: We may terminate the Agreement immediately at any time by notice, if (a) you have breached the Agreement, or (b) a liquidator, receiver, receiver and manager, official manager, trustee, administrator or similar official of your business or association is appointed or you enter into any composition with your creditors or (c) payment is not received 30 days after the due date.

12.3 Term Contracts: If we have agreed to provide a Service for a set term, then, apart from charges for call usage, the amount payable for the whole of that term is a debt owing to us at the time of entering into the Agreement for which we may bill you even if you cancel the Service or terminate the Agreement before the term ends. Termination Fees may apply as provided at Clause 4.2.

12.4 Removable Discount: If we provide a Service at a discount on payment over a set term and you cancel the Service or terminate the Agreement before that term ends, then you will be liable to pay the full undiscounted amount for the Service for the period prior to cancellation and termination. We will bill you for the amount of the discount allowed to you during the elapsed period on your next bill.

12.5 No Termination of Rental Agreement: If you terminate this Agreement under this clause 12, such termination does not permit or result in the termination or cancellation of any other Rental Agreement if applicable.

13. Limitation of Liability

13.1 Performance: We do not warrant that the Services will be free of blockages, delays or other related faults and we will not be responsible for loss or damage to you or your business which may result.

13.2 Subject to Clause 13.3, all terms, conditions, warranties, under takings, inducements and representations, whether express or implied, statutory or otherwise, relating to the provision of Services by us are excluded, and we will not be responsible for any loss or damage (including loss of income, loss of profit, or consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of the Services.

13.3 To the extent permitted by law, where any applicable legislation implies any term, condition, warranty or remedy into the Agreement from our relationship with you which may not be excluded but which may be limited, our liability for any breach of such implied term, condition or warranty will be limited, at our option, to: (a) (where the breach is related to goods): (i) the replacement of the goods or supply of equivalent goods, or (ii) the repair of the goods, or (iii) the payment of the cost of replacing the goods or acquiring the goods: (iv) the cost of having those goods repaired; and (b) (where the breach relates to services): (i) supply of those services again, or (ii) payment of the cost of having those services supplied again.

13.4 We have no liability to you or any other Person for: (a) acts or defaults of Other Suppliers, or (b) faults or defects in Service which are caused to any material extent by your own conduct or negligent use, or (c) faults or defects that arise in Telecommunications Services not provided under the Agreement (even if they are connected with the Services provided under the Agreement) which are due to incompatibility with the Services.

13.5 We have no liability under any Rental Agreement.

14. Confidentiality

14.1 We retain all intellectual property rights in the Confidential Information

14.2 You will keep the Confidential Information confidential, and will not allow any written or electronically recorded material Confidential Information to be copied.

14.3 On the termination of the Agreement for any reason, you will return all physical records of Confidential Information to us. If have destroyed Confidential Information you will have to give a written declaration stating the circumstances in which the Confidential Information was destroyed.

14.4 You will not use Confidential Information, which you acquire from us for any purpose unless authorised in writing by us.

14.5 You acknowledge that any disclosure of Confidential Information by you which is not authorised by us in accordance with clause 15.4 may cause us loss, whether by way of damage to our reputation, financial loss, or otherwise.

15. Force Majeure

15.1 We are not liable for: (a) any delay in Service, (b) delay in correcting any fault in any Service, (c) failure or incorrect operation of any Service, and/or (d) any other default in performance under the Agreement if it is caused by any event reasonably beyond our control, including but not limited to war, accident, act of God, industrial action, embargo and delay or failure or default by Other Suppliers

16. Assignment

16.1 You will not assign, charge or otherwise deal with your rights under this Agreement except with our prior written consent.

16.2 We may assign the Agreement without requiring your consent.

17. Indemnity

17.1 You (a) acknowledge that you enter into the Agreement entirely as a result of your own enquires and that you do not rely on any statement, representation or promise by us or on our behalf not expressly set out in the Agreement and these terms; and (b) you accordingly release us and each of our officers, agents and advisers from all claims and demands of any kind (including negligence) arising from the relationship of the parties concerning this Agreement before it was signed, and from the negotiations leading to it.

18. Remedy

18.1 The failure by either party to exercise any right or remedy under Agreement in a timely manner, does not constitute acceptance of the matter which gave rise to the right or remedy, nor that party's waiver of such right or remedy.

19. Suspension

19.1 If a Service is cancelled, suspended or disconnected, you remain liable for any liabilities incurred before the cancellation, suspension or disconnection.

20. General Information

20.1 We may give to and receive from Other Suppliers information about your account including particulars of calls and call charges.

20.2 This Agreement is governed by the laws of New South Wales.

20.3 The Agreement contains the whole understanding of the parties to the exclusion of any prior agreement or understanding of any kind relating to the Services.

20.4 The Customer may not transfer legal responsibility for a Service without our written consent.

20.5 We may vary or cancel the Agreement in accordance with the Act.

20.6 If any of these terms and conditions (or part of them) is void or unenforceable, it is taken to be removed and no longer forms part of the Agreement. The remaining terms and conditions remain in full force and effect.