:: TERMS AND CONDITIONS ::






		Terms and Conditions for Ecomtel Customers Services Payments Exclusions and Limitations General * Services means the communications services (Wireline, mobile, internet, email and VoIP) as specified on the Application For Service Form supplied by Ecomtel on their web site. The Ecomtel AllTogether service is a preselected service and customers agree to remain preselected with Ecomtel if their line rentals are charged through Ecomtel. Ecomtel may select the carriers in order to supply the telecommunications service. * Charges means any amount billed to customers by Ecomtel for the Services. * Customer means the customer or any agent or authorised carrier of the customer. * Third Party Provider means a service or product provider who provides services or products to Ecomtel. * Terms expressly defined in the Corporations Law or the Telecommunications Act 1997 ('TA') have the same meaning in these Terms and Conditions as given to them in those Acts. * Governing Conditions: These Terms and Conditions of supply: (a) govern all supply of the services by Ecomtel and may only be altered by Ecomtel, (b) supersede all prior representations and agreements between the parties about supply of the services; and (c) will not be altered by any Customer document or statement. Ecomtel can make changes to the T&Cs, and is not required to give Customers any prior notice of these changes; Ecomtel will inform customers by bill messages of any significant changes. Services * Acceptance: The Customer agrees to receive and Ecomtel agrees to supply the Services on the terms and conditions contained in this document (plus its later amendments for new services as they are added) and on the Application For Service Form. * Delivery: Ecomtel will use reasonable efforts to deliver the Services to the Customer on or before any estimated delivery date, but Ecomtel does not represent or warrant that it will be able to do so. * Price: The Customer must pay for the Services at Ecomtel's prices current on the date the services are provided inclusive of any GST component. Ecomtel reserves the right to change prices at any time without prior notice. Calls are charged in one-second increments after a flagfall fee is incurred upon connection. Ecomtel's "Local call" service and capped calls are subject to a "Fair Use Policy"; if they are grossly over used or misused, Ecomtel retains the right to charge for calls at normal timed std prices and disconnect the service if necessary; local calls charged with a 30 minute floor that are disconnected after 30 minutes and reconnected within 5 minutes will be treated as one continuous call. For most infrastructure products (such as Line Hunt Groups, MessageBanks, line installations) provided by the national carrier, Ecomtel will pass through the charge imposed by the national carrier. Customers agree to pay the "Telstra Standard Form of Agreement" charge plus GST wherever passed on by Ecomtel. * Early Termination Fees if on Term Contracts: For mobile, landline and internet services, customers may sign up for term contracts of one or two years to obtain special pricing or discounts. If a customer wishes to withdraw from the contract, an early termination charge may be levied. This may be (a) for mobile services, up to 50% of the monthly commitment times the number of months remaining in the contract, (b) for landline phone services, up to 50% of the average monthly spend to date times the number of months remaining in the contract and (c) for internet services, up to 50% of the monthly plan fee times the number of months remaining in the contract. * Email/Internet billing: Accounts can be emailed to customer and are visible over the Internet. Ecomtel does not warrant that the Internet account availability will be continuous over the Internet. The Customer understands that internet billing is an added convenience and that, if there are any disputes, the definitive record will be the pdf or paper bill that can be produced on request by Ecomtel. From 1/4/2008, there will be a charge of $5 for paper billing to residential and ADSL only customers. For email billing, a discount of $3.30 (including GST) will be given each month if that month's account has long distance landline phone expenditure of $25 (GST Inclusive) or more. If the email address is incorrect and an account has to be posted out, this discount will be withdrawn. If email billing is selected by the customer, it is the customer's responsibility to ensure that he receives the bill by providing a valid email address, regularly checking for email and notifying Ecomtel of any email address changes. The customer agrees that he is deemed to have received the bill once the emailed bill has been sent. * Disputes: The Customer has 30 days from the date of receipt of their Ecomtel statement to dispute any charges and all disputes must be submitted in writing to Ecomtel, GPO Box 387, St Leonards NSW 1590. If a customer has been over or under charged, not that the relevant bill is not re-issued but rather credits or charges are added to the next monthly bill. Payment * Credit Card: If paying by credit card automatically, the Charges will be charged to the Customer's credit card after the provision of the relevant Service and no less than 5 or 14 days after the bill has been issued, depending on the plan they are on. Please note that a charge of 1.68% + GST will be incurred for any payment made by either American Express or Diner's Card. * Other: If not paying by credit card, the Customer must pay the Charges within 14 days of the date the monthly statement is received on which those Charges first appear. Payment is possible by credit card over the phone, by cheque in the post or by a deposit into an Ecomtel account at any ANZ Bank. Ecomtel reserves the right and the customer agrees that Ecomtel may charge interest on any excessively overdue amounts at the Australia New Zealand Bank index rate of the day, plus 4%. * Credit Checking: as the service is provided by Ecomtel before payment, the customer agrees that Ecomtel may provide details about the customer to a credit reporting agency (under Section E(8)(c) Privacy Act 1988) in order to obtain a credit report (under Sections 18L(4) and 18K(1)(b) of the Privacy Act 1988). * Billing: Ecomtel will bill the Customer for all Services provided. Ecomtel is not liable for any debt the Customer may have to any other carrier/service provider. * Low Usage Phone Lines: since we subsidise line rental charges (i.e. Telstra charges us more than we on charge for line rental), if the average call usage charge per phone line is less than $20 in a monthly period, Ecomtel may charge up to $5 per phone line on that month's account. * Late Payments: Failure by the Customer to pay for the Services on the date due is a serious breach of these terms and conditions and may result in immediate termination without notice of the Services by Ecomtel. The customer may be liable for all legal costs associated with recovering any outstanding charges. A late payment fee of $5.50 (including GST) will be charged each month to any overdue account to offset the costs of chasing payment. However payment is not expected within the month for accounts under $20; these will be rolled forward without penalty for up to 3 months or until the total due exceeds $20. Exclusions and Limitations * Ecomtel excludes all terms, conditions and warranties implied under any statue except any implied condition or warranty the exclusion of which would contravene any statue or cause any part of this clause to be void (non-excludable condition). Ecomtel's liability to the customer for breach of any express provision of this agreement or non-excludable condition is limited, at Ecomtel's option, to the cost of supplying or resupplying Services. Nothing in these Terms and Conditions limits Ecomtel's liability to a consumer (as defined in the Trade Practices Act 1974) (`TPA'). * Ecomtel will make every reasonable effort to provide the Service in a continuous and uninterrupted manner in accordance with generally applicable industry standards but gives no warranty in that regard. The Customer specifically acknowledges that Ecomtel relies in part upon services supplied by other Service Providers and cannot exercise control over the supply of those services. The Customer notes that in line with industry standards Ecomtel is not to be held in any way responsible for connection difficulties internationally which are due to poor services provided abroad. * We and our suppliers provide our web site and services on an "as is" basis and without any warranty or condition, express, implied or statutory. to the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our web site may be interfered with by numerous factors outside our control. * Ecomtel's obligation to provide the services accordance with these Terms and Conditions will be suspended for the duration of any delay arising out of anything outside Ecomtel's reasonable control, including without limitation; * In no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our services, our web site or this agreement (however arising, including negligence). you agree to accept sole responsibility for the legality of your actions under the laws which apply to you. you agree that Ecomtel and all affiliates and related entities of Ecomtel have no responsibility for the legality of our members' actions. a. Amendment or repeal of the TA or the TPA, or any instrument issued or registered under the TA or the TPA (including without limitation any industry codes or standards or the Numbering Plan); b. Amendment, deletion or addition of a Service Provider Rule or a condition of a carrier licence held by Ecomtel or any Third Party Provider; c. The issuing of any instrument, exercise or any power or the making of any decision by the ACCC, ACA or the Minister under the TA or TPA; or d. The termination of any agreement between Ecomtel and a Third Party Provider. * Customer Default: If: a. The Customer fails to pay when due any of the amounts due to Ecomtel; b. Any step is taken to enter into an arrangement between the Customer and its creditors; c. The Customer ceases to carry on business or to be able to pay its debts as they become due; or d. Any step is taken to appoint a receiver, a manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administrator or other like person of or to the whole of any part of the Customer's assets or business. Ecomtel may do any or all of the following (in addition to any other rights Ecomtel may have): i. Terminate this Agreement; ii. Require the Customer to pay immediately all amounts invoiced but unpaid; in respect of Services ordered but not delivered, require the Customer to pay in advance of or on delivery; or Suspend or cease supplying the Services to the Customer (whether or not the customer has ordered the Services that have not yet been supplied); iii. register the debt with Credit Reference agencies. * The Customer acknowledges that: a. Ecomtel and any Third Party Provider may make all necessary changes to their systems to facilitate resupply of the Services by Ecomtel; b. in the event of default by Ecomtel in its payment relationship with any Third Party Provider, the Customer may be called upon for payment for the Services resupplied by Ecomtel on behalf of the Third Party Provider. c. if the services are terminated and a Third Party Provider agrees to arrange supply of the services to the Customer that: i. the Third Party Provider may not be able to make those arrangements immediately; ii. once the Third Party Provider makes those arrangements, any carriage services required by the Customer will be supplied on the then current retail terms and conditions of the Third Party Provider and the Third Party Provider will bill the Customer accordingly; and iii. any liability a Third Party Provider may have to the Customer in relation to the Services is governed by the terms and conditions current from time to time on which the Third Party Provider supplies its services to its own retail customers. * The Customer consents to: a. Ecomtel and any Third Party Provider exchanging between them the details of the Customer including but not limited to full name, billing address, street address, telephone numbers and whether the telephone numbers are silent or not; b. the Third Party Provider or its related corporations using those details for the Customer; c. Ecomtel and a Third Party Provider exchanging information about the Customer's personal credit, commercial activities or commercial worthiness. * Governing Law: The above is governed by laws applicable in the State of NSW and each party submits to the jurisdiction of the Courts of that State