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Last updated: 30 June 2026 at 3:28 pm Document version: cfa0551

IT’S FUBAR TECHNOLOGY SERVICES

General Terms & Conditions

Standard form of Agreement

PART A - INTRODUCTION

1 About this document

This document is the Standard Form of Agreement of IT’S FUBAR Pty Ltd as trustee for Caldicott Business Trust (ABN 34 313 377 448) trading as IT’S FUBAR Technology Services. The clauses within are known as our 'General Terms and Conditions'.

2 Understanding and navigating our General Terms and Conditions

  1. Rules for interpreting other expressions in our General Terms and Conditions are set out in clause 83.

  2. Expressions used in our General Terms and Conditions are explained in the Dictionary in clause 84.

  3. The Index is at the end.

3 Terms and Conditions

IT’S FUBAR supplies Services on these terms and conditions. If you obtain or seek to obtain Services from us, you do so in accordance with these terms and conditions and the other documents which comprise your Contract with us.

  1. When we supply you with Telecommunications Products, our General Terms and Conditions apply by agreement between us or, failing agreement, under section 479 of the Telecommunications Act.

  2. When we supply you with non‐Telecommunications Products, our General Terms and Conditions apply as our standard terms of business.

PART B - OUR GENERAL TERMS AND CONDITIONS

The Agreement

{clause-num} Your Contract with us

  1. When you enter into a Contract with us, there will be both General Terms and Conditions and Product Terms and Conditions relating to the specific Service/s you choose. To understand your rights and obligations, You need to read all of the documents that relate to You and the Service/s you select.

  2. You may only enter into a Contract with Us if You are at least 18 years of age at the Application Date.

  3. Your Contract comprises, in order of precedence from highest to lowest:

    1. The terms and conditions of your Service Order (including, for example, a special promotional discount per clause 5).

    2. The following documents, available on the IT’S FUBAR website:

      1. Our Critical Information Summaries; and

      2. Our Product Schedules which contain our Product Terms and Conditions.

    3. These General Terms and Conditions.

  4. Your Contract is the entire agreement between you and us regarding its subject matter, and you acknowledge that:

    1. your Contract does not include any term, condition, warranty, representation or guarantee that is not expressly set out in it, other than a Consumer Guarantee to the extent it may not lawfully be excluded; and

    2. you have not relied on any representation that is not expressly set out in your Contract.

  5. Your Contract is governed by and must be construed in accordance with the laws of Victoria. You and we submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

{clause-num} Special Promotions

  1. We may offer Special Promotions to you, on particular terms.

  2. The particular terms of the Special Promotion will prevail to the extent of any inconsistency with other parts of your Contract.

{clause-num} The Term of Your Customer Contract

A Service may specify a particular, fixed or minimum term. If it does:

  1. A Contract for the service is a contract for at least that specified term.

  2. Either you or we can terminate the Contract on or after the end of that specified term, by giving 30 days' termination notice.

  3. If neither of us gives a termination notice, or a Contract is renewed for a further fixed or minimum term, it becomes month- to-month after that term.

  4. If a Service or Contract is described as month-to-month, casual or no contract or similar, you or we may terminate it subject to clauses 52 and 53.

{clause-num} Telecommunications Consumer Protections (TCP) Code

  1. The TCP Code applies to consumer and some business customers, called TCP Customers in our General Terms and Conditions. Refer to the Dictionary for the detailed definition.

  2. A term or note in our General Terms and Conditions headed 'TCP Customers' applies to you if you are a TCP Customer, but not otherwise.

{clause-num} Australian Consumer Law (ACL)

  1. Some provisions of the ACL apply to individuals who enter Consumer Contracts (as defined in the ACL). We call those persons ACL Consumers in our General Terms and Conditions. Refer to the Dictionary for the detailed definition.

  2. A term or note in our General Terms and Conditions headed 'ACL Consumers' applies to you if you are an ACL Consumer, but not otherwise.

{clause-num} Interacting with our staff

  1. You must interact with our staff courteously.

  2. You must not be rude to our staff.

  3. You must not harass or mislead our staff.

  4. If you breach this clause in a serious way, or on more than one occasion:

    1. we may make a written request that you comply with it; and

    2. if you breach it again, you are in material breach of your Contract.

Provision of Services

{clause-num} Relevant dates

  1. The date when you make an application is the Application Date.

  2. The date when we confirm that we can and will provide Service is the Contract Date.

  3. The date when we notify you that Service is available for use (or the date you first use the Service, if that is earlier) is the Service Start Date.

  4. Our Agreement commences when we accept (at our sole discretion per clause 12) your Application for Service and continues until terminated in accordance with these terms.

{clause-num} Application for Service

  1. You must comply with any application process we specify. Normally, We will require that You provide either a completed Order form or You approve a Quote electronically with the date and Your details (such as name, address, ABN number) together with any relevant Quote numbers.

  2. All information you provide in connection with an application must be true, correct, complete and not misleading.

  3. You will need to sign any application forms we provide or have them duly executed on Your behalf, unless the Order is sent by email or via a web based ordering system, in which case the Application will be treated or deemed as if signed by or on behalf of You by the person whose name appears as the sender of the email or submitter of the Order.

  4. You must not cancel an Application unless We agree to do so in writing in Our absolute discretion (subject to any applicable laws).

  5. You acknowledge that, amongst other things, We cannot cancel an Application once the manufacturer or supplier has supplied the relevant Goods and that such despatch often occurs the same day as the Order is placed by Us.

{clause-num} Processing an application

  1. We do not have to accept an application for Service and we reserve the right to refuse an Order, without reason.

  2. Before we confirm that we can and will provide Service, if you take any step (e.g. terminating a service from another supplier) on the assumption we can or will do so, you do so at your own risk.

  3. In processing your application, we may make any relevant enquiries, including obtaining credit information in accordance with clause 45.

  4. Absent actual knowledge to the contrary, We may rely upon the apparent validity of an Order. If any Order is signed or sent by email or approved through our web based ordering system by a named person, that person warrants that the Order is, and it is acknowledged the Order is deemed in favour of Us to be:

    1. signed by, and duly authorised by, both the person who signed the Order and the person who sent the email; and

    2. duly authorised by the person on whose behalf the Order is placed or apparently placed.

  5. An Order has no effect unless or until it is accepted by You in writing and, until We have received from You payment in clear funds for the Order and any related freight, delivery and (where applicable) in-transit insurance costs in clear funds.

{clause-num} Providing Service

  1. We will commence Service as soon as reasonably practicable after the Contract Date, and we may commence billing you as soon as the service is provisioned.

  2. We may provide Service using Our Facilities and/or third-party Partner Facilities, as we decide from time to time. Together, we call those Facilities Our Network.

  3. You acknowledge that the Service may rely upon the operation of Supplier Networks operated by other Carriers and services provided by other Carriage Service Providers (such as the customer 's internet service).

{clause-num} Periodic Entitlements

A Service may include the right to use a certain amount of a Service during a certain period. We call these Periodic Entitlements. e.g. An Internet Plan might let you download 10 gigabytes of data each month at no extra cost. e.g. A local call Plan might let you make 50 local calls each month at no extra cost.

  1. Unused Periodic Entitlements do not carry forward and are not redeemable for cash or other credit.

  2. If you exceed your Periodic Entitlement, extra Charges may apply, or a Service may be limited in some way. Your Plan will provide further details.

{clause-num} Prepaid Services

For a Prepaid Services:

  1. Prepayments are not redeemable for cash or other credit.

  2. The Plan may specify a Use‐by Date i.e., a period after which any prepaid entitlements that are not used expire without refund. Unless a Plan specifies otherwise, a Use‐By Date of one year applies to all Prepaid Plans.

  3. Prepayments are not transferable between Plans or Services - if you change Plans/Services, there is no credit for unused prepaid entitlements (unless the Plan/Service states otherwise).

  4. We may specify minimum and/or maximum prepayments that you may make.

  5. When your prepaid entitlements are fully utilised, we may cease providing Service. We are not responsible for the consequences of Service ceasing.

{clause-num} Non‐Prepaid Services

For a Service that is not a Prepaid Service, you may use the Service without paying in advance in full, but:

  1. We may require partial prepayment for a period of Service.

  2. We may require a partial prepayment before or after your Service Start Date.

  3. We may require you to maintain a minimum prepaid balance for a Service.

  4. We may vary the amount of a required prepayment or minimum prepaid balance from time to time.

  5. We may apply your prepaid balance to your next Bill or any later Bill/s.

Use of Services

{clause-num} Using a Service

  1. When using a Service, you must comply with:

    1. your Customer Contract (including any applicable Acceptable Use Policy or Fair Use Policy); and

    2. any applicable laws, regulations, mandatory standards and industry codes and with the requirements or directions of any Regulator ( 'Laws').

  2. You agree that you will not:

    1. use or permit the use of a Service in any manner which constitutes a violation or an infringement of any duty or obligation in contract, tort, or otherwise to any third person;

    2. use or permit the use of a Service in connection with the commission of an offense against the laws of the Commonwealth or the States or Territories;

    3. use or permit the use of a Service in any manner in contravention of the Acceptable Use Policy, including, but not limited to the transmission of any defamatory, offensive, abusive, indecent, spam or menacing material or the making of any hoax call;

    4. knowingly, or by any negligent act or omission, use or permit the use of a Service in connection with the transmission of any computer virus that may adversely affect IT’S FUBAR Equipment, the IT’S FUBAR Network, the equipment or network of any third-party provider to IT’S FUBAR or any network users;

    5. use or permit the use of a Service to engage in any activities in a manner that may expose IT’S FUBAR or any third-party provider to the risk of any legal or administrative action including prosecution under any law; or interfere or attempt to interfere with the operation of: A Service, Service Number, or an IP address; any IT’S FUBAR Equipment; the IT’S FUBAR Network or the equipment, network, or IP Addresses of any other person.

{clause-num} Use of Service by others

  1. Unless we appoint you in writing as a reseller or wholesale customer, you must not share, resell, or resupply a Service for remuneration or reward.

  2. A person who makes use of a Service with your consent or from your premises or using your equipment or log-in credentials is your End User.

  3. The acts and omissions of your End Users with respect to a Service are deemed to be your acts and omissions.

  4. You must ensure that your End Users do not do (or omit to do) anything that would breach your Customer Contract if done (or not done) by you.

{clause-num} Compliance with Policies

  1. We may publish an Acceptable Use Policy and/or a Fair Use Policy for a Service or Plan. You must comply with such a policy.

  2. We may publish a policy directed to ensuring that the use of a Service complies with all Laws. You must comply with such a policy.

For additional information regarding our Acceptable Use Policies, please visit www.itsfubar.com.au/aup or alternatively to obtain a copy of the applicable policy - you may call us on (03) 5292 3655.

{clause-num} Operational Directions

  1. Acting reasonably, we may give Operational Directions about a Service.

  2. Operational Directions will be directed to the safety, security or reliability of Facilities, compliance with Laws or dealing with an emergency. We will only give an Operational Direction as and when reasonably necessary.

  3. You must comply with an applicable Operational Direction.

{clause-num} Partner Requirements

  1. Telecommunications services, including many of our Services, are commonly provided by means of Partner Facilities, provided by third party Partners including but not limited to those listed in clause 74(c).

  2. Partners often have their own Partner Requirements for the use of their Facilities and we may only be permitted to provide Service to you subject to such Partner Requirements.

  3. You must comply with applicable Partner Requirements we notify.

  4. Where a Partner Requirement states that a Partner has a certain right or power:

    1. the Partner itself may exercise that right or power; or

    2. we may exercise the right or power on behalf of the Partner.

ACL Consumers: If a new or amended Partner Requirement is materially detrimental to you, you may have Walk Away Rights under clause 68.

{clause-num} Your cooperation

  1. You must give us all reasonable cooperation that we require in order to provide a Service to You, and fixing any problems that arise, and resolving any disputes that may arise or complaints that you may have.

  2. You acknowledge that, where a Service is a carriage service within the meaning of the Telecommunications Act, we or a Partner may be required:

    1. to intercept communications over the Service, and

    2. monitor usage of the Service and communications over it.

{clause-num} Maintenance & Fault reporting

  1. Maintenance

    1. From time to time, Our Network requires maintenance that may interfere with your Service.

    2. We will provide you with notice of any scheduled maintenance where reasonably possible.

    3. We will try to conduct such maintenance outside Business Hours, but You acknowledge that it may not always be possible for Us to do so.

  2. Reporting faults

    1. IT’S FUBAR will provide a fault reporting service during Business Hours.

    2. You may report faults in relation to a Service or Our Network by contacting our staff during Business Hours.

    3. After Hours, faults that are not of a critical nature and are not affecting Our Network may not be dealt with until the next business day, subject to the terms of that Service.

    4. Before reporting a fault, you must take all reasonable steps to ensure that the fault is not caused by equipment which is not part of the IT’S FUBAR Network.

    5. Where a fault is reported (irrespective of whether the customer reported it), the customer agrees to provide all necessary assistance to enable the location and repair of any fault which arises in Our Network or the Supplier Network with which the Our Network is interconnected.

    6. If you report a fault that turns out to be a 'false alarm', or not to relate to Our Network, we may make a reasonable charge for our effort and expenses in responding to your report.

    7. You must not report a fault directly to one of our Partners unless we ask you to do so.

    8. Where We determine there is a fault within Our Network, We are responsible for correcting that fault. We are not responsible for:

      1. any fault which is within a Supplier Network of an interconnected Supplier, although IT’S FUBAR will notify that Supplier of the fault and request that it be corrected promptly; or

      2. any fault which is caused by the customer or end users equipment, internet service provider (if not IT’S FUBAR) or the Premises, but will, where possible, advise the customer of that fault and its probable cause and location.

  3. Repairing faults

    1. We will use reasonable efforts to repair faults in Our Facilities within a reasonable period.

    2. We will use reasonable efforts to have our Partners repair faults in Partner Facilities within a reasonable period.

    3. You are responsible for maintaining and repairing your own equipment (except where we supplied it and you have warranty rights in relation to a fault).

  4. Cost of repairs

    1. If you cause a fault or damage to Our Network, we may charge you the reasonable cost of repairing it.

Quotes

{clause-num} Quotes

  1. Quotes will only be valid for 7 days unless otherwise specified in the Quote. A Quote is merely an invitation to You to place an Order with Us and the acceptance of a Quote by You will not create a binding contract between You and Us.

  2. Expiry dates on quotes are set to be able to inform Us when the quote is still active or to be discarded.

    1. Once discarded the quote will need to be requested again.

    2. We may cancel the quote without having to notify or receive an approval from You.

  3. Once a quote has been confirmed by Us, then the prices in the quote will be confirmed as the final agreed price. A quote is confirmed as 'final ' as soon as both parties agree with the final price after any last changes requested by You.

  4. We reserve the right to alter product and prices in the quote, as long as the quote has not been confirmed with You.

  5. Quotes and estimates shall be deemed to correctly interpret the original specifications and are based on the cost at the time the quote or estimate is given.

    1. If You later require any changes to the quotes, and We agree to the changes, these changes will be charged at Our prevailing rate.

  6. Once the Quote has been confirmed and converted to an Order, the Order will be subjected to our General Terms and Conditions.

  7. When a special price or discount has been applied to a Quote, no other special promotion or discount will be applicable unless explicitly stated.

  8. If products in a Quote are subjected to any price and supply fluctuations that is outside of Our control:

    1. We reserve the right to update the price and product in the Quote accordingly. If a product has undergone a price drop or a price increase, the Quote will then be adjusted accordingly.

    2. If there is a product that is no longer available, the product will then be replaced or substituted based on Your request and is subject to Your final approval.

  9. Price on non-stocked products are subjected to Price and stock fluctuations and can only be confirmed once the Quote is turned into an Order. While We endeavour to honour every price quoted, if there is a price increase that is beyond our control, We reserve the right to increase the price as necessary.

  10. ETA information provided on a Quote is based on an estimate given by our vendors and cannot be held as the actual promised date.

  11. Freight charges will be added to the Order unless otherwise stated. Any included delivery charges are estimates only.

  12. We do not keep inventory and as such only order items once we receive an order from You. If You would like to return an item or cancel an order, a restocking fee may apply. We will need to get approval from the distributor that the stock is returnable before being able to issue a refund as not all products can be returned.

  13. Quote prices are based upon the purchase of all Products on a given Quote.

  14. We may vary or withdraw a Quote at any time in Our absolute discretion and without prior notice to You. We may do so for any reason We consider fit, including, e.g. where the Goods or Services become unavailable or the cost price of Goods or Services increases after the date of the Quote.

Equipment

{clause-num} Supplied Equipment

  1. You assume risk in Equipment upon delivery.

  2. We or our Partners retain title to Equipment:

    1. for Equipment rented or loaned to you - at all times;

    2. for Bundled Equipment - until completion of the minimum term; and

    3. for any other Equipment - until full payment has been made - each a Security Period.

  3. While we or our Partners retain title to Equipment, you hold it in a fiduciary capacity as bailee for us.

  4. We or our Partners retain all intellectual property rights in any software, manuals or user documentation supplied with Equipment.

  5. If you use in connection with a Service any Equipment we have not approved or provided:

    1. it must comply with all applicable Laws, and technical standards and requirements including those set by its supplier or the manufacturer;

    2. you are responsible for ascertaining what those technical standards and requirements are, since we will not be familiar with the Equipment; and

    3. we will not be liable to you for any losses or expenses you incur in relation to your use of the Equipment, except to any extent we cause or contribute to it by:

  6. our negligence, or

  7. our breach of the Consumer Guarantees.

{clause-num} Substituted Equipment

  1. On occasions, stock of advertised Equipment may become unexpectedly unavailable. In that event we may supply substitute Equipment that is substantially equivalent to the advertised Equipment.

  2. On occasions, advertised Equipment may not be technically suitable for your situation. In that event we may supply substitute or modified Equipment that is more suitable.

  3. We make every effort to supply Equipment in accordance with the Order however We may supply alternate Goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer of the Goods after the Order date and before delivery.

{clause-num} Delivery of Equipment

  1. We will try to deliver Equipment to you on the delivery date (Delivery Date) and at the address (Site) indicated on your Order during normal Business Hours in that area.

  2. Variations at your request to Delivery Date or Site:

    1. are at our discretion; and

    2. may be subject to conditions, including extra Charges.

{clause-num} Installation and connection of Telecommunications Equipment

  1. This clause only applies if we expressly agree to install or connect Telecommunications Equipment.

  2. We will install the Equipment at the Site within a reasonable time after the Delivery Date to connect you to the Service during normal Business Hours in that area. You must provide us with safe access.

  3. You must prepare the Site for the installation (in accordance with any directions or specifications we issue) at your own expense, including providing:

    1. appropriate electricity supply;

    2. appropriate electrical and mechanical fittings;

    3. appropriate environmental conditions;

    4. a secure location for the Equipment, including if applicable a suitable point for mounting an external wireless dish without obstructions;

    5. all relevant facilities for the location of the Equipment;

    6. access to all relevant personnel including your technical personnel;

    7. where relevant, permission for us and our representatives and agents to enter the Site and install the Equipment including making any minor physical modifications reasonably necessary for the purpose.

  4. You warrant to us that as at the date of installation and connection to the Service, you will have notified any relevant parties and obtained all relevant consents for us to enter onto the Site, install Equipment and connect you to the Service.

  5. You must indemnify us against any claim made against us, or loss incurred by us (including legal costs on a full indemnity basis) in connection with such entry and installation, except to any extent that we cause or contribute to it by:

    1. our negligence, or

    2. our breach of the Consumer Guarantees.

  6. You must obtain and maintain, at your expense, any permits, licences, approvals, authorisations, including local council planning approval required for the installation and operation of the Equipment and connection to the Service.

  7. If installation must be rescheduled because you breach this clause, we may make a reasonable Charge for our additional costs.

{clause-num} Additional Equipment services

  1. You may ask us to supply additional services in relation to Equipment e.g., repairs.

  2. If we agree to provide additional services, we will charge on a time and materials basis at our standard rates at the time (which may include materials supplied by our Partners at rates they determine).

{clause-num} Lost, stolen and damaged Equipment

  1. You are responsible for any lost, stolen, and damaged Equipment owned by us, except if it is caused by us or our personnel.

  2. You must pay for Equipment that is lost, stolen or damaged, except if that is caused by us or our personnel.

{clause-num} Return of Equipment

  1. On the termination of your Contract for any reason, you must return all our Equipment without delay.

  2. We will let you know when you terminate if there is Equipment that needs to be returned.

    1. If you fail to return the Equipment, you may be liable in accordance with clause 66.

Transfer of your Services

{clause-num} Customer transfers

If in providing the Services, we need to change your arrangements with your current Supplier, then we will do so in accordance with clause 32(a).

  1. Transfers to us

    1. If you wish to transfer from another supplier to us, you must first check whether your contract with your current supplier imposes any restrictions or costs of doing so.

    2. If you have any outstanding contractual obligations or costs owed to the current Service Provider (which may include early termination and porting fees), IT’S FUBAR is not liable for any such costs.

    3. You must promptly pay your current supplier all amounts you owe it.

    4. By making an application for Service, you instruct and authorise us to arrange with your current supplier to transfer the Service to us and authorise us to act on your behalf with your current supplier to transfer the Services to us.

    5. Unless we notify you that there is an Industry Churn Process in place, you are solely responsible for terminating your contract with and any services from your current supplier in accordance with your contract with it, which might continue to charge you until you have done so.

  2. Transfers from us

    1. If you transfer a Service to another supplier, you must pay our Charges that accrue before completion of the transfer.

    2. If you transfer a Service to another supplier before the end of any minimum term or fixed term, Early Termination Fees apply - see clause 55.

Billing

{clause-num} How our billing works

  1. Your 'Billing Period' is the period between bills. Our standard Billing Period is monthly, but we reserve the right to vary it.

  2. We can bill a part‐period e.g., to align your Billing Period with the first day of each month.

  3. In any case, we may bill you for any Service we have already provided.

  4. You agree that you can incur a Charge without us issuing any invoice, statement or Bill.

  5. You agree that we need not offer payment by mail as a payment method for any Service, including a Standard Telephone Service.

  6. If we do provide an invoice, statement or bill for a Service, we can send it to you in the same way as any other notice, including via your Account Page.

  7. We may late bill.

    TCP Customers: We shall only do so up to 160 days in arrears.

  8. Some Charges in a Bill may relate to a previous Billing Period, if such Charges were not included in any previous Bill or remain unpaid. We do not waive our right to require payment of applicable Charges by not including the Charges in a Bill.

  9. We may charge you an extra Charge if:

    1. you request non‐standard information about your bill or Charges, or

    2. you ask us to deliver a bill by a method that is not the standard method for a Service.

{clause-num} When you must pay

  1. Where a Direct Debit or credit card arrangement applies, we may Extract payment for Charges:

    1. after it is billed (if we issue a Bill for the Service); or

    2. after the end of the current Billing Period (if we do not issue a Bill for the Service).

      TCP Customers: All Billing information will be accessible before we do so, but you agree that we need not allow 10 working days before Extraction (as would otherwise be required by clause 5.7.1(c) of the TCP Code).

  2. If any Bill is overdue for payment, you must pay that Bill and any other Bill immediately.

  3. Unless a due date is listed on the Bill, you must pay a Bill within 14 days after its Bill Date.

{clause-num} How you can pay

  1. If your Plan specifies 'Direct Debit only' (or similar) then:

    1. Direct Debit payment is a precondition to supply of Service to you.

    2. We may suspend Service if Direct Debit arrangements are not maintained.

    3. You must not cause to be reversed any Direct Debit payment to us, unless you have our prior written approval. Otherwise, you must pay our reasonable costs (including legal fees if necessary) of reinstating the transaction.

      TCP Customers: We will not impose Credit Management Charges unless the Charges are a reimbursement of our costs and you are advised of their amount or method of calculation.

  2. In any other case:

    1. Direct Debit is our preferred payment method and incurs no surcharges.

    2. You may pay by MasterCard or Visa or any other card we notify you that we accept.

    3. Payments made using credit cards may be subject to a surcharge as notified on our website or a Bill.

  3. If any payment you make is dishonoured we may charge you a reasonable payment dishonour fee and recover from you any fees charged by our bank which result from the dishonoured payment.

{clause-num} Late payment

If a Bill is not paid on time:

  1. you are in breach of your Contract, and

  2. we may also charge:

    1. interest at 1.5% a month from the Bill Date until it is paid in full, or

    2. a reasonable late fee, and

    3. any collection fees and expenses that we incur.

    TCP Customers: We will not impose Credit Management Charges unless the Charges are a reimbursement of our costs and you are advised of their amount or method of calculation.

  3. If your payment is 60 days or more overdue or we otherwise consider it is reasonable to do so -

    1. we may refer it to an external collection agency;

    2. we notify you that our collection fees and expenses under clause 36(b)(iii) may include:

      1. the external agency’s collection fee; and/or

      2. a minimum recovery charge.

      TCP Customers: We will not impose Credit Management Charges unless the Charges are a reimbursement of our costs and you are advised of their amount or method of calculation.

{clause-num} Out‐of‐pocket expenses

  1. We may notify you that to supply a Service, we need to incur some out‐of-pocket expense that is not included in other Charges. In that case we will not supply that Service unless you make satisfactory arrangements to pay or reimburse that expense.

  2. We notify you that a Partner may charge us if you report a fault and there was no such fault, or the fault lies with equipment for which the Partner is not responsible, or if you contact the Partner directly. You must pay or reimburse all such amounts.

{clause-num} GST

In this clause, an expression within a pair of asterisks means the same as in the GST Act.

  1. Our prices are taken to be GST inclusive unless they are expressed to be 'GST exclusive', '+ GST', 'ex GST' or similar.

  2. Where any amount is GST inclusive, it is the gross amount, inclusive of any GST payable in respect of any taxable supply for which that amount is paid. Otherwise:

  3. The consideration payable by you represents the value of any taxable supply for which payment is to be made.

    1. If we make a taxable supply for a consideration, which represents its value, then you must pay immediately the amount of any GST payable in respect of the taxable supply.

  4. If these terms require you to pay, reimburse or contribute to an amount paid or payable by us in respect of an acquisition of a taxable supply from a third party, the amount you must pay, reimburse or contribute will be the value of the acquisition by us less any input tax credit to which we are entitled plus, if our recovery from you is a taxable supply, any GST payable under this clause.

  5. We may recover any GST payable under this clause in the same manner as our Charges.

{clause-num} Payment for third party services

  1. Using a Service may depend on you having goods or services supplied by third parties. For instance:

    1. To use an nbn™ internet Service, you will need to have a suitable nbn™ compatible modem/router.

    2. To use a VoIP phone Service, you must have a suitable handset or PBX which supports VoIP/SIP.

  2. You are solely responsible for the costs of all third-party goods and services you acquire.

{clause-num} Billing information - TCP Customers

All clauses within clause 40 apply only to TCP Customers.

  1. Supplying a bill

    We will supply a Bill to you for each current Billing Period, except where:

    1. you pay by Direct Debit and the Charges for that Billing Period are for the same fixed amount in each Billing Period - and in that case you and we agree that, although a Charge for that fixed amount will be payable by you, a Bill will not be issued unless the total amount payable in that Bill is more than 10% higher than that fixed amount; or

    2. your Service is Prepaid.

  2. Requesting information

    If you are a TCP Customer and request it, we will provide all Billing information related to your Service (including, if you request it, itemised details of Charges associated with the Service) relating to up to 72 months prior to your request, provided that:

    1. for information relating to the 24 months prior to your request:

      1. we shall provide it through at least one medium (of our choice) free of charge; and

      2. otherwise we may impose a Charge for providing the information, limited to the cost of the providing it;

    2. for information relating to a period between 24 and 72 months prior to your request, we may impose a Charge for providing the information, limited to the cost of the providing it;

    3. you may request provision of Billing information via other mediums and formats normally available from us and we may impose a Charge for providing the information in that way, limited to the cost of the providing it.

  3. Electronic Billing data

    If we make information from, or about, a Bill, available in an electronic form, we will offer at least one method of accessing that information that does not involve paying access Charges to us (but to avoid any doubt, this does not prevent us from making any Charge that is authorised by clause 40(b)).

  4. Itemised Billing

    1. We require notice in order to supply itemised billing details to you.

    2. Unless we advise you otherwise, the notice period is:

      1. 14 days where the information relates to Charges first billed within the last 12 months;

      2. 21 days where the information relates to Charges first billed within 12 to 24 months; and

      3. otherwise - 28 days.

{clause-num} Billing agents

  1. We may bill you via a billing agent (e.g. another company).

  2. Payment to our billing agent constitutes payment to us.

  3. Failure to pay our billing agent constitutes failure to pay us.

Charges

{clause-num} Charges & payment

  1. We may vary our Charges or add new Charges from time to time in accordance with clauses 67, 68, and 69.

  2. Subject to clause 4 and 5, our prices are as stated in your Order, Plan documentation, or our Product Schedules.

  3. Our current prices at any time are referred to as our 'Price List'.

{clause-num} Installation Charges

  1. We will charge you installation Charges as stated (or indicated by) in your Contract.

  2. We will try to inform you in advance of any installation fees that may be charged by our Partners.

  3. If we find that installation will be more costly because of factors beyond our reasonable control, we may decline to proceed with installation unless you agree to revised Charges.

  4. Our installation Charges are calculated on the assumption that installation will not create unreasonable expenses for us:

    1. In certain circumstances we will encounter additional expenses which we had not anticipated, in this circumstance we will pass these additional expenses on to you.

    2. If this happens, we will not commence installation without giving you prior notice that revised Charges will apply.

{clause-num} Bundled Plans

  1. We may offer a group of Services as a package (bundle) for discounted total Charges (compared to the total Charges that would apply if you acquired the same Services not as a bundle). e.g., We might offer bundled 'VoIP phone + Internet Access for $89.95 a month' where our Charges for the individual Services would be $99.95 a month.

  2. Each Service in a bundle is subject to a separate but dependant Contract.

  3. If you stop acquiring any Service in a bundle:

    1. You have 'broken' the bundle; and

    2. We may bill you non‐discounted Charges for the remaining Service/s.

Credit

{clause-num} Credit management

  1. Guarantees and security

    1. We can make supply of Service conditional on you giving us, and maintaining, security and/or third party guarantees to our reasonable satisfaction.

      TCP Customers: We will base the requirement for a security on the outcome of a credit assessment conducted in relation to you and the Service you acquire.

    2. If we become entitled to suspend or terminate Service, we may make the resumption of Service conditional on you giving us, and maintaining, security and/or third party guarantees to our reasonable satisfaction.

      TCP Customers: We will base the requirement for a security on the outcome of a credit assessment conducted in relation to you and the Service you acquire.

    3. We may use a security payment to pay any billed Charge that is overdue, where you have not disputed the Charge.

      TCP Customers: Before we access a security payment, we will advise you that it will be accessed within 5 working days and provide you an opportunity to pay within that period.

  2. Credit worthiness

    1. At our discretion, we may obtain a credit report about you to help us decide whether to accept your application for service and to help us collect overdue amounts. In the course of a credit check, we may disclose personal information about you to a credit reporting agency or other credit information provider. We may receive a credit report and other information about you, including personal information.A credit reporting agency may include the fact that we obtained a credit report about you in its credit information file on you.

    2. We may disclose to a credit reporting agency:

      1. information in your application;

      2. details of your account;

      3. that you have applied for credit with us;

      4. that we are a current credit provider to you;

      5. payments that are more than 60 days overdue and are subject to collection processes;

      6. any cheque of yours for $100 or more which has been dishonoured more than once;

      7. any serious credit infringement you have committed;

      8. that payments are no longer overdue.

    3. We may disclose information about you and any debt you owe us to:

      1. a debt collection service we engage; and

      2. anyone who takes, or is considering taking, an assignment of any debt you owe us.

    4. If you are an individual, you agree that we can conduct a credit check and verify your personal details, in accordance with this clause.

    5. If you are self‐employed, you agree that we can:

      1. obtain and use any report or information from a credit reporting agency, which contains information about your commercial activities or commercial credit worthiness;

      2. exchange with your other credit providers, any credit report or other report about your credit worthiness or history, or personal information contained in those reports - in accordance with this clause.

    6. You acknowledge that credit and other information about you may be used:

      1. to assess your application,

      2. to assist you to avoid defaulting on your credit obligations,

      3. to notify other credit providers of a default by you,

      4. to assess your creditworthiness.

  3. Services you acquire for others

    If you enter a Contract where you will not be the main actual user of the Service (e.g., you arrange an Internet Service for your children):

    1. You are responsible for all use of the Service and all Charges incurred under the Contract.

    2. If you give anyone else sufficient information about your Service (e.g., by giving them your username, password, or other credentials), they may be able:

      1. to uncap or unlimit any cap or other limits that apply to it,

      2. to change Plans,

      3. to disconnect Service, and

      4. to do anything else that you could do.

      You should treat all information that allows control of your Service as secret.

    3. Internet and telephone Services can be used to buy goods and services from third parties. You may be liable for debts incurred to these third parties.

Complaints & Disputes

{clause-num} Billing disputes

  1. Our records of what you owe us are deemed to be right unless you show them to be wrong.

    ACL Consumers: This does not apply to you.

  2. If you dispute a bill, you must pay it on time. We shall credit you if it is later determined that you are entitled to a credit.

    TCP Customers: We will not take Credit Management action in relation to a disputed amount that is the subject of an unresolved complaint, if we are aware that the complaint has not been resolved to your satisfaction and is being investigated by us, the TIO or a relevant recognised third party but:

    1. you must still pay all undisputed portions, and

    2. if it is determined that some or all of the disputed portion is payable, you must pay that amount within 5 days.

  3. You may not raise a billing dispute more than 12 months after a bill is issued, and we will not pay any refund or give any credit in respect of a period prior to that.

  4. You are responsible for, and must pay for, all use of your Service except for unauthorised use that results from our negligence or breach of Consumer Guarantees.

{clause-num} Information about your rights

Information and advice about your rights can be obtained by contacting the Australian Communications and Media Authority, the Telecommunications Industry Ombudsman, the Australian Competition and Consumer Commission, or the relevant Department of Fair Trading or Department of Consumer Affairs in your State or Territory.

{clause-num} Complaints Handling

  1. If you have any complaints in connection with the Service (including complaints about your invoice) you should contact us first to resolve the complaint via the contact details available on our website.

  2. We will handle your complaint in accordance with our complaints handling procedure. You can get information on our complaints procedure by contacting us.

  3. You are also entitled to make a complaint to the Telecommunications Industry Ombudsman and possibly to the Consumer Affairs office (however described) in your state. We ask that you notify us before you do so, so that we may attempt to resolve your complaint at that stage.

  4. We may bill you a reasonable complaint handling Charge.

  5. TCP Customers: We will handle complaints in accordance with the Complaint Handling Procedure on our website, and the TCP Code.

  6. Our Complaint Handling Procedure will be free of charge other than for:

    1. call costs at local rates or low cost when calling from our network;

    2. a costs recovery levy of providing access to information we hold about you that we collected more than 2 years earlier;

    3. a costs recovery levy of providing information that is not in the standard form generated by our customer records and billing systems or is equivalent to more than 50 A4 pages.

{clause-num} Complaints and assistance services

Our contact details are available on our website. You may contact us and make any complaint by contacting us or the following assistance services:

  1. Customer Service - (03) 5292 3655

  2. National Relay Service - 133 677 or 1800 555 677

  3. Translating and Interpreting Service - 131 450

Termination & Suspension

{clause-num} Suspension of Service

  1. We may suspend or restrict a Service or all Services at any time, without liability and without any requirement to provide notice to you (subject to clause 57), if:

    1. there are problems with Our Network, or we or our Partners need to suspend the Services to conduct operational and maintenance work on Our Network.

    2. you fail to pay any amount owing to us in respect of the Service under your Customer Contract (which is not the subject of a bona fide dispute) by the due date, and you fail to pay that amount within the period specified in any subsequent notice we send you.

    3. you breach your Customer Contract, including terms relating to your use of the Service or any Acceptable Use Policy, and that breach cannot be remedied.

    4. you breach your Customer Contract, including terms relating to your use of the Service or any Acceptable Use Policy, and that breach can be remedied, but you do not remedy that breach within 30 days of receipt of a notice from us requiring the breach to be remedied.

    5. you are the subject of an Insolvency Event.

    6. you are a natural person (and not a company) and you die.

    7. there is an emergency.

    8. there are reasonable grounds for believing:

  2. you may be a credit risk in relation to the Service.

  3. you, an End User, or any person in connection with the Service is fraudulent or where evidence suggests illegal conduct in relation to the Service.

  4. a serious threat or risk exists to the security or integrity of Our Network, or

  5. the provision of the Service may cause death, personal injury or damage to property.

    1. we are required to do so to comply with any law or direction of any Regulator.

    2. a Force Majeure Event occurs which materially affects our ability to provide the Service.

    3. an Intervening Event occurs; or

    4. we are otherwise entitled to do so under your Customer Contract.

  6. Whilst we are under no obligation to provide any notice of a suspension of Service under clause 50(a), our right to suspend Service under clause 50(a) is not waived or otherwise affected by any notification we provide to you in relation to the circumstances or events that rise to our right to suspend Service.

{clause-num} Charges during a period of suspension

If we suspend Service because of your fault or breach of your Contract - you remain liable for all Charges payable under your Contract during the period of suspension. Otherwise - you are entitled to a pro rata reduction in Charges in respect of the period of suspension.

{clause-num} Termination by us

Subject to clause 57, we may terminate a Contract if, in relation to that or any other Contract or Service:

  1. you fail to pay us any money that is due;

  2. you threaten not to pay us money that you owe us, or will owe us in the future;

  3. you cause to be reversed any Direct Debit or credit card payment to us (except with our prior written agreement);

  4. you are in material breach of your Contract;

  5. you are subject to an insolvency event (except for as long as an Insolvency Protection Stay applies - see clause 70);

  6. we reasonably believe:

    1. that you have vacated your Premises without notice to us;

    2. that it is desirable to do so to facilitate Network maintenance or to protect Our Network from harm;

    3. that there is suspected fraud or attempted fraud involving the Service;

  7. it becomes technically infeasible for us to continue Service;

  8. you use a Service in a way that places unreasonable demands on Our Network;

  9. we are unable to obtain access to your Premises as required to provide, maintain or repair the Service;

  10. there is an emergency that warrants it;

  11. you have told us that you no longer require the Service;

  12. we become entitled to suspend the Service, and the suspension continues for more than a month;

  13. you are, or become, a carrier or carriage service provider under the Telecommunications Act (and we did not agree to provide you with Service despite that); or

  14. in any other circumstances stated elsewhere in our General Terms and Conditions.

  15. We may terminate a Contract or suspend performance of our obligations under the Contract if you die or become bankrupt, insolvent or subject to a winding‐up order or similar insolvency event, if we have a reasonable belief that we are unlikely to receive or retain payments for amounts due and payable by you under the Contract.

  16. We may suspend or restrict Service in cases of emergency, including for the provision of support to emergency and other essential services.

  17. We may terminate a Contract or suspend or limit or vary performance of our obligations under it to comply with:

    1. legislative or regulatory requirements, or

    2. the order of a court or lawful direction of a competent authority - to the extent the legislative or regulatory requirements or order or direction unavoidably requires us to do so.

  18. We may suspend, intercept or terminate a service in order to comply with a warrant or other court order, or as otherwise required or authorised by law.

We may charge a reconnection Charge following action under this clause unless it resulted from our mistake.

{clause-num} Termination by you

You may terminate your Contract:

  1. at any time (except during a fixed or minimum term), on 30 days' written notice; or

  2. by giving us written notice if an Intervening Event occurs and you are unable to use the Service for more than 30 days.

  3. immediately, by giving us written notice, if we are in material breach of your Customer Contract and we fail to remedy that breach within 14 days of being served notice to do so;

  4. where permitted by law, immediately, by giving us written notice, if we suffer an Insolvency Event;

  5. You may also terminate your Contract:

    1. in any other circumstances where your Contract provides for it; or

    2. (in a case where you have a non‐excludable legal right to do so) by transferring the Service from us to another supplier. We will cancel the Service and terminate your Contract immediately once the other supplier has informed us that you have elected to transfer the Service from us to that other supplier.

{clause-num} Early termination by you

  1. You are not entitled to simply choose to terminate a Contract during its fixed or minimum term, unless our General Terms and Conditions or the law says otherwise.

  2. Where you are entitled to terminate your Contract early (e.g., because we have offered you that option following a variation to your Contract) we may bill you for:

    1. any outstanding amounts for installation costs or equipment that can be used in connection with services provided by other suppliers; and

    2. usage or network access charges incurred up to the date on which the Contract ends.

  3. If we agree that you may terminate it early in any other circumstances, we may bill you:

    1. an Early Termination Fee under clause 55;

    2. any applicable amounts under clause 56(e);

    3. a reasonable administration Charge;

    4. usage or network access charges incurred up to the date on which the Contract ends; and

    5. any other Charge that is specified in the applicable Plan or the Price List.

  4. Some of our Plans discount, defer or waive normal equipment or installation costs (e.g. include a $0 up‐front modem or zero set up fees) in exchange for a certain minimum or fixed term. If you want to terminate a Contract under such a Plan early (and if we agree that you may do so) we may also bill you an additional Charge for those items representing their reasonable value pro‐rated against the portion of the minimum or fixed term that is to be truncated.

{clause-num} Early Termination Fees

The amount of an Early Termination Fee that we are entitled to charge is:

  1. the amount specified in or calculated in accordance with the relevant Plan; or

  2. otherwise:

    1. any amount we remain liable to pay to a third party (e.g. a wholesale supplier) for goods or services we cannot resell or resupply to other customers; and

    2. a reasonable estimate of our lost profit as a result of early termination.

{clause-num} Post-termination

If your Contract ends:

  1. Our obligations to you under that Contract are at an end.

  2. We may bill you for any Services we have not yet invoiced and all other amounts we are entitled to under the Contract.

  3. All bills are payable immediately.

  4. You authorise us to recover any undisputed outstanding Charges and Early Termination Fees from any overpayment you have made, or Direct Debit them from your credit card or bank account if you normally pay by Direct Debit.

  5. You must return to us, promptly, any of our equipment under your control (if you fail to do so, we may bill you a reasonable Charge for it).

  6. Any cause of action that either of us had against the other predating the termination is not affected,

  7. The limitations of our liability, and our rights of indemnity, under our General Terms and Conditions continue, no other Contract is affected unless we also terminate it. Otherwise, that Contract is at an end for all purposes.

{clause-num} TCP Customers - Disconnection, Suspension and Restriction

If you are a TCP Customer:

  1. We will not disconnect, suspend or restrict a Service for credit and/or debt management reasons, without first informing you unless:

    1. we assess that you or the account status presents an unacceptably high credit risk to us; or

    2. we reasonably suspect fraud or attempted fraud; or

    3. you have nominated to us an agreed point at which Service will be limited and that point has been reached.

Except where clause 57(a) applies, we will give you at least 5 working days' notice prior to disconnecting, suspending or restricting your Service, including an indication of the earliest date disconnection, suspension or restriction could occur and the date of issue of correspondence if you are informed in writing - and we shall otherwise comply with the rules in the TCP Code about disconnection, suspension or restriction of the Service.

{clause-num} Unfair Contract Terms

  1. Our General Terms and Conditions apply to a wide variety of customers and circumstances and must reasonably protect our interests across that wide variety.

  2. If you are an ACL Consumer, and a term of your Contract would (except for this clause) be unfair (within the meaning of section 24 of the ACL) we will not apply or rely on that term without also taking steps to appropriately mitigate any unfairness.

    1. Those steps will be tailored to the particular situation, but may include e.g., offering you Walk Away Rights and a reasonable period to exercise them.

{clause-num} PPS Law (Personal Property Securities Act)

  1. Application of clause

    1. This clause 59 applies to the extent that your Customer Contract provides for or contains a 'security interest ' for the purposes of the PPS Law (or part of it).

    2. The security interest granted to us is a 'purchase money security interest ' to the extent that it can be under section 14 of the PPS Law.

  2. Registration and rights

    1. We may register our security interest. You must do anything (such as obtaining consents and signing documents) which we require for the purposes of:

    2. ensuring that our security interest is enforceable, perfected and otherwise effective under the PPS Law;

    3. enabling us to gain first priority (or any other priority agreed to us in writing) for our security interest; and

    4. enabling us to exercise rights in connection with the security interest.

    5. Our rights under your Customer Contract are in addition to and not in substitution for our rights under other law (including the PPS Law) and we may choose whether to exercise rights under our agreement and/or under such other law, as we see fit.

  3. PPS Law exclusions and waivers

    1. The following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are 'contracted out' of your Customer Contract in respect of goods that are not used predominantly for personal, domestic or household purposes:

      1. section 95 (notice of removal of accession to the extent it requires us to give a notice to you);

      2. section 96 (retention of accession);

      3. section 125 (obligations to dispose of or retain collateral);

      4. section 130 (notice of disposal to the extent it requires us to give a notice to you);

      5. section 132(3)(d) (contents of statement of account after disposal);

      6. section 132(4) (statement of account if no disposal);

      7. section 135 (notice of retention);

      8. section 142 (redemption of collateral); and

      9. section 143 (re‐instatement of security agreement).

    2. The following provisions of the PPS Law:

      1. section 123 (seizing collateral);

      2. section 126 (apparent possession);

      3. section 128 (secured party may dispose of collateral);

      4. section 129 (disposal by purchase); and

      5. section 134(1) (retention of collateral) -

      confer rights on us. You agree that in addition to those rights, we shall, if there is default by you, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any Equipment during its Security Period, not only under those sections but also, as additional and independent rights, under your Customer Contract and you agree that we may do so in any manner we see fit including (in respect of dealing and disposal) by private or public sale, lease or licence.

    3. You waive your rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law.

  4. Non‐disclosure

    1. We and you agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. You must do everything necessary on your part to ensure that section 275(6)(a) of the PPS Law continues to apply. The agreement in this clause is made solely for the purpose of allowing to us the benefit of section 275(6)(a) and we shall not be liable to pay damages or any other compensation or be subject to injunction if we breach this clause.

  5. No competing security interest

    1. You must not create, purport to create or permit to be created any 'security interest ' (as defined in PPS Law) in Equipment during its Security Period other than with our express written consent.

  6. Sub‐hiring Equipment during Security Period

    1. You must not lease, hire, bail or give possession of (sub‐hire) the equipment to anyone else unless we (in our absolute discretion) first consent in writing. Any such sub‐hire must be in writing in a form acceptable to us and must be expressed to be subject to our rights under our agreement with you.

    2. You must take all steps including registration under PPS Law as may be required to:

      1. ensure that any security interest arising under or in respect of the sub hire is enforceable, perfected and otherwise effective under the PPS Law;

      2. enable us to gain (subject always to our rights) first priority (or any other priority we agree to in writing) for the security interest; and

      3. enable each of us to exercise our respective rights in connection with the security interest.

  7. Costs

    1. We may recover from you the cost of doing anything under this clause 59, including registration fees and the costs of notification.

{clause-num} TCP Customers and Authorised Representatives

  1. If you are a TCP Customer, you can appoint an Authorised Representative to act on your behalf if you require.

  2. To be effective, we require that any such appointment:

    1. is in writing;

    2. is signed by you (unless you are incapable of signing, in which case we shall work out a feasible and mutually acceptable alternative with you);

    3. is verified by you in person or by telephone, including reasonable evidence of your identity (unless you are incapable of communicating with us in person or by telephone, in which case we shall work out a feasible and mutually acceptable alternative with you); and

    4. states any limitations on the authority of your Authorised Representative (e.g. time limit; limit on access to your account or personal information; limit on authority to incur expense on your behalf).

  3. If your appointment does not state any limitations, your Authorised Representative has the power to act on your behalf as if they are you.

  4. If your appointment states any limitations, your Authorised Representative has powers, including access to your information, in accordance with your appointment and those limitations.

{clause-num} TCP Customers and Advocates

  1. You can use an Advocate to communicate with us if you require.

  2. We presume that an Advocate is not authorised to establish or make changes to your account or Services, unless the Advocate is also your Authorised Representative under clause 60.

  3. A person acting as your Advocate has no power to act on your behalf and has no access to your information without you being present and agreeing to such action.

{clause-num} Consumer Guarantees

  1. Consumer Guarantees

    Important consumer information: Full details of the consumer rights and remedies referred to in clause 62 can be obtained from the Australian Competition and Consumer Commission (ACCC) at www.accc.gov.au or from a local consumer protection agency.

    1. Under the Australian Consumer Law, consumers (as defined in the ACL) have the benefit of certain conditions and warranties:

      1. that cannot be excluded; and

      2. where the consumer’s rights in case of breach cannot be limited by your Contract or can only be limited to a certain extent.

    2. We call those laws the 'Consumer Standards', and their main elements are set out in clauses 62(b) and 62(c) below.

    3. Your Contract never operates to exclude the Consumer Guarantees (where they apply) or to limit your remedies for breach of them (in a way not permitted by law).

  2. Rights and remedies for PDH goods and services

    If we supply you with goods or services of a kind ordinarily acquired for personal, domestic or household (PDH) use or consumption you may have important rights under the Australian Consumer Law (ACL) including consumer guarantees and remedies.

    1. Nothing in your Contract limits those rights and remedies in any way.

    2. If we supply you with PDH Goods or Services, and you are told they come with a 'manufacturer’s warranty' or 'one year product assurance' or similar, those rights are in addition to, and not instead of, your rights under the ACL.

  3. Rights and remedies for non‐PDH goods and services

    If we supply you with goods or services that cost under $100,000 that are not of a kind ordinarily acquired for personal, domestic or household use or consumption you may have important rights under the ACL including consumer guarantees and remedies but:

    1. in relation to these goods, our liability for failure to comply with a consumer guarantee (other than certain guarantees about ownership and undisturbed use) is limited to:

      1. replacing the goods or supplying equivalent ones;

      2. repairing the goods;

      3. paying the cost of replacing the goods or of acquiring equivalent ones; or

      4. paying the cost of having the goods repaired; and

    2. in relation to these services, our liability for failure to comply with a consumer guarantee is limited to:

      1. supplying the services again; or

      2. payment of the cost of having the services supplied again, unless you can demonstrate that it is not fair or reasonable for us to rely on this clause 62(c).

    3. If we supply you with non‐PDH Goods or Services that cost no more than $100,000, and you are told they come with a 'manufacturer’s warranty' or 'one year product assurance' or similar, those rights are in addition to, and not instead of, your rights under the ACL.

{clause-num} Service Level Agreements

If a Service or a Plan includes a Service Level Agreement (SLA):

  1. we are only liable for the remedy or rebate specified by the SLA; and

  2. subject to clauses 62(b) and 62(c), and to the express terms of the SLA, our liability for breach of the SLA is limited to such remedy or rebate; and

  3. you agree we are not liable for any failure, for any reason, to supply the Services in accordance with the SLA.

{clause-num} Exclusion of implied terms and limitation of liability

Important consumer information: Nothing in this clause 64 limits the consumer rights and remedies referred to in clauses 62(b) and 62(c):

  1. Any representation, warranty, condition or undertaking that would be implied in your Contract by legislation, common law, equity, trade, custom or usage or otherwise is excluded from your Contract to the fullest extent permitted by law.

  2. We do not warrant or represent the performance, accuracy, reliability or continued availability of the Services or Facilities or that the Services or Facilities will operate free from faults, errors or interruptions.

  3. We are never liable to you for, and you release us from any Claim for, any Contract Loss.

{clause-num} Personal injury or death

To the extent that our negligence causes personal injury or death, we accept liability on normal principles of law.

{clause-num} Your liability to us

  1. General

    1. You must pay us all Charges and other amounts due under your Contract.

    2. You must pay us the fair value of any Equipment that you fail to return to us when required.

    3. You must pay us fair compensation for any damage to Equipment you return to us. Fair wear and tear does not count as damage.

    4. You must indemnify us for any loss or damage we suffer because of or in connection with:

      1. your breach of your Contract;

      2. your use of a Service or Equipment; or

      3. a claim against us by an End User in relation to a Service we supply to you.

      TCP Customers: We will not impose Credit Management Charges unless the Charges are a reimbursement of our costs and you are advised of their amount or method of calculation.

    5. You indemnify us for any loss or damage we suffer in connection with any claim made against us by a third party arising out of or in relation to your use of Services or Equipment.

    6. Your obligations under this clause survive termination of your Contract.

  2. Legal requests, etc

    1. This clause applies where we reasonably incur expense as a result of or in connection with:

      1. a police request for information or evidence in relation to you or your use of a Service; or

      2. a Court or other competent authority’s direction for provision of information or evidence in relation to you or your use of a Service; or

      3. a demand from a legal practitioner for information or evidence in relation to you or your use of a Service.

    2. You must reimburse our expenses on request.

  3. (Alleged) illegal use, etc

    1. This clause applies where:

      1. your Service is actually or allegedly used in a way that breaches any law or infringes the rights of any third party; and

      2. we suffer loss or reasonably incur expense as a result.

    2. You must make good our loss and reimburse our expenses on request.

{clause-num} General power to vary your Contract

We may vary your Contract from time to time on notice to you but variations do not have retrospective effect.

ACL Consumers: Subject to clause 68(a), we shall give you reasonable notice, having regard to:

  1. the nature of the variation; and

  2. the means by which notice is to be provided; an

  3. the length of time remaining before the variation is to occur; and

  4. any other matter that is reasonably relevant - and we may also give you Walk Away Rights as explained in clause 68.

{clause-num} ACL Consumers and Contract variations

This clause only applies to ACL Consumers:

  1. Beneficial or minor negative impact

    If a Contract variation will have a beneficial or only a minor negative impact on you:

    1. we will not give you notice, and

    2. we will not give you Walk Away Rights.

  2. Variations arising from amendments by a Partner

    If a Partner supplies a service (Resupply Service) to us and we resupply the Resupply Service to you (either as a separate service or as part of another service); and the Partner exercises a legal right to vary its terms of supply of the Resupply Service ‐ then:

    1. we may vary your Contract in accordance with the Partner 's variation.

    2. we will give you notice of the variation; and

    3. we will give you Walk Away Rights if you also pay any costs (e.g., early termination fee or similar) that we will have to pay for cancelling the Resupply Service with the Partner.

  3. Other variations

    In any other case:

    1. We will give you notice of the variation.

    2. We will also offer you the right to terminate your Contract within 14 days of the date of the notice without incurring charges other than:

      1. usage or network access charges to the date your Contract ends; and

      2. outstanding amounts for installation of Equipment; and

      3. outstanding amounts for Equipment that is compatible with other suppliers' services; and

      4. where applicable, any amount under clause 68(b)(iii).

{clause-num} When variations take effect

Contract variations take effect:

  1. at the end of any applicable notice period; or

  2. if no notice period applies, immediately.

{clause-num} Insolvency Protection Stays

  1. If you are a corporation; and your Contract started on or after 1 July 2018 our enforcement of certain rights may be stayed by the operation of sections 415D, 434J or 451E of the Corporations Act (Insolvency Protection Stay).

  2. If and for as long as an Insolvency Protection Stay operates, we do not asset an entitlement to enforce any right that is subject to it.

  3. This clause 70 does not prevent us from disputing that an Insolvency Protection Stay applies or making an application for an Insolvency Protection Stay to be lifted in whole or part or otherwise exercising our legal rights.

General

{clause-num} Errors in our documents

  1. Clerical or computation errors and misprints in any document that we provide to you in connection with your Contract, including any Plan terms, catalogues, price lists, delivery dockets, invoices, statements or credit notes, may be corrected by us reissuing the document or by otherwise giving you notice of the error or misprint with reference to the original document.

  2. You are not entitled to a reduction or variation in the price of the Services by reason of any such errors or misprints.

{clause-num} Our website

  1. We make no representations or warranties in relation to information available on Our website, including without limitation:

    1. that the information on Our website is complete or correct;

    2. that Our website will be continuously available or free from any delay in operation or transmission, virus, communications failure, internet access difficulties or malfunction in hardware or software;

    3. that We endorse any internet site linked to Our website or any third party products or services referred to on Our website.

{clause-num} Insurance Coverage

  1. We will maintain at Our own expense, commercial Public & Products liability insurance of $10,000,000. At Your request We will provide You with certificates, including renewal certificates evidencing such coverage within thirty (30) days of commencing Your Contract, at every renewal and at other times as may be reasonably requested by You.

  2. We will maintain at Our own expense, Professional Indemnity insurance to an aggregate of $2,000,000. At Your request We will provide You with certificates, including renewal certificates evidencing such coverage within thirty (30) days of commencing Your Contract, at every renewal and at other times as may be reasonably requested by You.

{clause-num} Our Partners

  1. If we terminate an arrangement with a Partner through which we supply the Service to you, you acknowledge that our Partner may arrange to supply you with the Service directly.

  2. If our rights and obligations under your Contract are assigned or novated to our Partner in order to supply the Service directly to you, you acknowledge that the rate plan and Charges applicable to the provision of the Service may be altered to the nearest applicable Partner rate plan.

  3. In addition to services we provide on Our Network, IT’S FUBAR may supply telecommunications services through a number of wholesale service partners:
{clause-num} Assignment

  1. We may assign or novate all or part of our rights and obligations under your Contract without your consent.

  2. You cannot assign or novate all or part of your rights and obligations under your Contract unless we agree in writing.

  3. We may subcontract any or all of the Services to be performed, but shall retain prime responsibility for the Services under these terms.

{clause-num} Notices

  1. How we give notices

    We may give notice to you in connection with, or as required by our General Terms and Conditions:

    1. in person;

    2. by email;

    3. by post;

    4. by Instant Messaging; or

    5. in any other way allowed by law - or by sending you (by one of the above means) notice of the address of a web page where the notice can be read.

  2. Address or number for notices

    We may direct a notice to:

    1. a number or address that we reasonably believe to be current;

    2. in any event, the most recent number or address that you have notified to us; and

    3. if you are a company, your registered office.

  3. A notice is taken to have been received:

    1. if we deliver it to you in person - at the time of delivery;

    2. if we email it during Business Hours in your locality - two hours later, subject to a 'delivery failure' message not being received by Us;

    3. if we email it outside Business Hours in your locality - at 9am on the next Business Day in your locality, subject to a 'delivery failure' message not being received;

    4. if we post it - at noon on the second Business Day after posting;

    5. if we send it by Instant Message - two hours later;

    6. if we send you notice of the address of a web page - two hours after that notice is taken to have been received; or

    7. if there is evidence that you received it at an earlier time - that earlier time.

{clause-num} Delays

  1. Time is not of the essence in the performance of our obligations, including the provision of Service, under your Contract.

  2. We are not liable to you for any delay in the provision of any Service.

  3. You may not cancel or amend an order for a service on the grounds of any delay in providing it.

ACL Consumers: If your Contract does not fix a time within which a Service will be provided and the time is not to be determined in a way agreed between us, we shall supply it within a reasonable time and you may have rights and remedies under the ACL if we fail to do so.

{clause-num} No waiver

A failure, delay, relaxation or indulgence by us in exercising any power or right conferred under your Contract (such as a right that we have due to your breach of your Contract) does not operate as a waiver of the power or right.

{clause-num} Commission

We may pay a commission to any agent, employee, contractor or dealer in connection with the acquisition of the Services and your Customer Contract.

{clause-num} Non-Solicitation

  1. You agree that employees are one of Our most valuable assets, policy and professional ethics require that Our employees not seek employment with, or be offered employment by You during:

    1. the course of engagement; and;

    2. for a period of two (2) years thereafter (or the maximum amount permissible by a Court).

  2. You agree that Our damages resulting from breach of this clause 80 would be impracticable and that it would be extremely difficult for Us to ascertain the actual amount of damages. Therefore in the event You violate this provision, You agree:

    1. to immediately pay Us 100% of the employee’s total annual salary, as liquidated damages; and

    2. We shall have the option to terminate this Your Contract and Your Services without further notice or liability to You.

  3. The amount of liquidated damages reflected herein is not intended as a penalty and is reasonably calculated based upon the projected costs We would incur to identify, recruit, hire and train suitable replacements for such personnel.

{clause-num} Commercial Electronic Messaging

  1. Subject to this clause, we may send you Commercial Electronic Messages regarding telecommunications goods and services, and ancillary goods and services, and you consent to us doing so.

  2. You consent under clause 81(a):

    1. applies while your Contract is in force and for a year afterwards; and

    2. is in addition to any other consent that you may give, or which may be inferred, for the purposes of section 16(2) of the Spam Act; but

    3. terminates if you give us reasonable written notice that it is withdrawn.

  3. Any Commercial Electronic Message we send you does not have to comply with section 18(1) of the Spam Act.

  4. This clause 81 survives the termination of your Contract.

{clause-num} Copyright & Confidentiality

  1. You warrant that any confidential or copyright information or intellectual property (of any kind and in any form held) or provided by You to Us belongs to You. In the event of any breach of this warranty:

    1. You will pay all sums due to Us as If such warranty had not been breached (and regardless of any non-performance of any obligation by Us on account of or in connection with the breach of such warranty).

    2. You indemnify and hold Us harmless in respect of any allegations, claims, loss, costs or expenses in connection with such breach of warranty by You.

  2. All copyright and other intellectual property rights in any Work created, commissioned or acquired by Us in the course of the supply of Services by Us to You will be the exclusive property of Ours unless otherwise agreed in writing by Us and You.

  3. We acknowledge that in the course of providing Services to You, We may learn from You certain non-public personal and otherwise confidential information relating to You, including Your customers, consumers or employees. We shall regard any and all information We receive which in any way relates or pertains to You, including Your customers, consumers or employees as confidential.

  4. You acknowledge that all information and services, consulting techniques, proposals, and documents disclosed by Us or which comes to Our attention during the course of business and provided under this agreement constitute valuable assets of, and confidential and/or proprietary information to Us;

  5. You agree you shall take all commercially reasonable steps to not disclose, reveal, copy, sell, transfer, assign, or distribute any part or parts of such information in any form, to any person or entity, or permit any of its employees, agents, or representatives to do so for any purpose except unless permitted in writing by the disclosing party or as required by applicable law.

Interpretation & Dictionary

{clause-num} Interpreting your Contract

  1. If an expression is defined in the Dictionary in clause 84, that is what it means.

  2. 'IT’S FUBAR Technology Services', 'IT’S FUBAR', 'Us', 'Our' or 'We' means IT’S FUBAR Pty Ltd as trustee for Caldicott Business Trust T/A IT’s FUBAR Technology Services (ABN 34 313 377 448), and its heirs, successors and assigns.

  3. 'Client', 'Customer', 'You' or 'Your' means a person who seeks or obtains a quote for, or who orders, Goods or Services from Us, and includes both a person whose name is on the Order or on an email attached to which is an order, a person who places an order, and a person on whose behalf an Order is placed or on whose behalf it appears and order is placed.

  4. Headings and words put in bold are only for convenience of reference only. They do not affect the interpretation or construction of our General Terms and Conditions.

  5. If an expression is defined in the Dictionary, grammatical derivatives of that expression have a corresponding meaning (for instance, if 'to colour' means 'to paint blue', then 'coloured' means 'painted blue').

  6. All references to dollars ($) are to Australian Dollars.

  7. A reference to time is to Melbourne, Australia time.

  8. Expressions like 'includes', 'including', 'e.g.' and 'such as' are not words of limitation. Any examples that follow them are not to be taken as an exhaustive list.

  9. A reference to 'will' imports a condition not a warranty.

  10. A schedule to a document is part of that document.

  11. Words denoting the singular number only shall include the plural number and vice versa.

  12. References to any gender shall include every other gender.

  13. A reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government or any entity which can sue and be sued.

  14. A refence to a 'person' includes any legal successor to or representative of that person.

  15. References to any law shall include any amendment currently in force at the relevant time and any law enacted or passed in substitution.

  16. Anything that is unenforceable must be read down, to the point of severance if necessary.

  17. Anything we can do, we may do through an appropriately authorised representative.

  18. Any matter in our discretion is in our absolute and unfettered discretion.

  19. A reference to a document includes the document as modified from time to time and any document replacing it.

  20. If something is to be or may be done on a day that is not a Business Day then it must be done on the next Business Day.

  21. The words 'in writing' include any communication sent by letter, facsimile transmission or email or any other form of communication capable of being read by the recipient.

  22. A reference to a 'notice' means a notice that can be read, unless stated otherwise.

{clause-num} Dictionary

The expression:

Means:

Acceptable Use Policy

a policy so titled and issued under clause 17(a)

Account Page

a web page or facility we may provide that permits you to view and / or manage details of your account

ACL

Australian Consumer Law, which is set out in Schedule 2 of the Competition and Consumer Act, 2010

ACL Consumer

an individual who enters a Customer Contract for goods and/or services wholly or predominantly for personal, domestic or household use or consumption
described in clause 62

Advocate

as in the TCP Code

After Hours

means Monday to Friday from 17:30 to 09:00 hours excluding Public Holidays

Application Date

see clause 10(a)

Authorised Representative

as in the TCP Code

Automatic Direct Debit

a periodic payment that is automatically deducted by us from your nominated financial institution account

Bill

an invoice from us which advises you of the total of each Charge that is due for payment

Business Day

means Monday to Friday excluding statutory holidays

Business Hours

means Monday to Friday from 09:00 to 17:30 hours on a Business Day

Carriage Service

as in the Telecommunications Act

Carriage Service Provider

as in the Telecommunications Act

Carrier

as in the Telecommunications Act

Charge

a charge applicable under your Customer Contract

Consumer Product

a) a Carriage Service;
b) any other telecommunications related goods or services we supplied under a contract for supply of a Carriage Service; and
c) a content service (other than a subscription broadcasting service or a television subscription narrowcasting service within the meaning of the
Broadcasting Services Act 1992) that we provide in connection with the supply of the Carriage Service

Consumer Standards

has the meaning given in clause 62

Contract Date

as in clause 10(b)

Customer Contract

has the meaning given in clause 4

Customer Terms

as in clause 4

Delivery Date

as in clause 27(a)

Early Termination Fee

as in clause 55

Early Termination Rights

the right to terminate your Customer Contract early, in the circumstances described in clause 68

End User

as in clause 18(b)

Equipment

a handset, modem, router or other hardware

Facilities

equipment and network infrastructure of all kinds used to provide or in connection with the provision of a Service

Fair Use Policy

as in clause 17(a)

General Terms and Conditions

Means these terms and conditions as in clause 4

Goods

any goods and/or services sourced by Us or provided by Us in connection with any such goods and/or services including computer hardware and Software
and any goods or services provided in connection with any of those things

GST

Goods and Services Tax

GST Act

means A New Tax System (Goods and Services Tax) Act 1999 (Cth)

Insolvency Event

includes an event where a receiver or receiver and manager is appointed over any of your property or assets, an administrator, liquidator or
provisional liquidator is appointed to you, you enter into any arrangement with your creditors, you become unable to pay your debts when they are due,
you are wound up or become bankrupt, or any other analogous event or circumstance occurs under the laws of any jurisdiction

Intervening Event

an event beyond our reasonable control which interferes with and prevents us from providing the Services to you. Such events include any act or
omission of our Suppliers, any disruption to our or our Suppliers' networks, infrastructure and equipment, failure of any electrical power supply,
changes to any laws or regulations, and acts of God, lightning strikes, earthquakes, floods or other natural disaster

Law

as in clause 17(a)(ii)

nbn

(a) NBN Co and any nbn Sub-Wholesaler and their related bodies corporate and their respective officers, employees, agents, subcontractors and
consultants; or
(b) the national broadband network it directly or indirectly owns and/or operates and/or controls -
as the context requires

Network

as in clause 13, also referred to as 'Our Network'

Numbering Plan

refers to the Telecommunications Numbering Plan

Order

any order requested by You to Us for Goods or Services in any form

Operational Directions

as in clause 20

Partner

a third party that, under a contract with us, provides:
(a) access to Facilities they manage or maintain or
(b) content that we resupply to you

Partner Facilities

Facilities that are managed or maintained by a Partner

Partner Requirements

as in clause 21

Period

a particular number of half-days, days, weeks, fortnights, months, or any other period, as may be agreed between Us and You as the period during which
some Services will be provided.

Periodic entitlements

as in clause 14

Plan

any arrangement between Us and You (whether alone or in conjunction with any other person) for a Product provided by Us under an arrangement with a
particular set of features, entitlements, terms, Charges and special conditions as set out in a Product Schedule.

PPS Law

means the Personal Property Securities Act 2009 (Cth)

Price List

as in clause 42(c)

Privacy Act

means the Privacy Act 1988 (Cth)

Product

goods and / or services

Product Schedule

a document which may be found on our website at www.itsfubar.com.au/legal

Product Terms and Conditions

key terms and conditions that apply to a particular Product, usually as set out in a Product Schedule which may be varied by Us, from time to time in
its absolute discretion without notice to You

Regulator

includes the Australian Communications and Media Authority, the Australian Competition and Consumer Commission, the Telecommunications Industry
Ombudsman, Communications Alliance Limited and any other relevant government or statutory body or authority Service a service (and includes Equipment)
which we provide to you, including but not limited to
(a) a Standard Telephone Service; or
(b) a carriage service of a kind specified in the Telecommunications Regulations 2001 (which includes Internet Services); or
(c) ancillary goods or service of a kind specified in the Telecommunications Regulations 2001

Service

a product or service supplied by IT’S FUBAR Pty Ltd as Trustee for Caldicott Business Trust to you

Service Level Agreement

a written service quality assurance titled as such

Service Start Date

as in clause 10(c)

Site

as in clause 27

Spam

an unsolicited commercial electronic message within the meaning of the Spam Act 2003

Special Promotion

a special promotion we may offer from time to time, on terms we notify in connection with the offer

Standard Telephone Service

as in section 6 of the Telecommunications (Consumer Protection and Service Standards) Act 1999

Supplier Network

a network provided by a Third-Party entity which is interconnected with Our Network

TCP Code

means the Industry Code C628:2019 Telecommunications Consumer Protections Code Incorporating Variation No. 1/2022

TCP Customer

(a) a person who acquires a Consumer Product for the primary purpose of personal or domestic use; or
(b) a business or non-profit organisation which at the time it enters into a contract with us:
(i) does not have a genuine and reasonable opportunity to negotiate the terms of the contract; and
(ii) has or will have an annual spend with us which is, or is estimated on reasonable grounds by us to be, no greater than $20,000 - other than a
person acquiring a Consumer Product for resale

Telecommunications Act

means the Telecommunications Act 1997 (Cth)

Use-by Date

has the meaning given in clause 15(b)

Work

means anything We may do, provide, customise, produce or acquire, whether or not in connection with, or for the purposes of, You or Your use or benefit