Standard Form of Agreement

23 rd May 2012 Standard Form of Agreement Rivertel PtyLtd ABN 31 147 945 686

Contents
1. ABOUT THIS AGREEMENT
2. OUR AGREEMENT WITH YOU
3. PROVISION OF SERVICES
4. EQUIPMENT AND SOFTWARE
5. GOODS
6. NOTICES
7. YOUR OBLIGATIONS TO US
8. SERVICE INFORMATION
9. SERVICE LEVELS
10. INVESTIGATION OF FAULTS BY RIVERTEL
11. CHARGES
12. INDEMNITY
13. OUR LIABILITY
14. SECURITY DEPOSIT & SPEND LIMITS
15. PERIOD OF AGREEMENT
16. TRANSFER OF YOUR SERVICES TO US
17. TRANSFER OF YOUR SERVICES FROM US TO ANOTHER SUPPLIER
18. PERSONAL INFORMATION AND BUSINESS INFORMATION
19. CONSENT TO CREDIT CHECK
20. SERVICE NUMBERS, CLI & IPND
21. SERVICE SUSPENSION
22. TERMINATION BY US
23. CANCELLATION BY YOU
24. AFTER TERMINATION
25. CONFIDENTIALITY
26. FORCE MAJEURE
27. ASSIGNMENT 
28. VARIATIONS TO THE SUPPLIES, THE AGREEMENT OR OUR POLICIES
29. REFUND POLICY
30. TECHNICAL SUPPORT
31. SEVERABILITY
32. WAIVER
33. COMPLAINTS HANDLING
34. CUSTOMER SERVICE GUARANTEE
35. COMPLIANCE WITH LAWS
36. CARRIERS & CARRIAGE SERVICE PROVIDERS
37. GENERAL
PART A – TELEPHONE (VOICE) SERVICES
38. APPLICATION OF THIS PART
39. SERVICE NUMBER PORTABILITY
40. PROVISION OF VOICE SERVICES
41. VOICE SERVICES CHARGES
42. DEFINITIONS
PART B – DATA & INTERNET SERVICES
43. APPLICATION OF THIS PART
44. PROVISION OF DATA & INTERNET SERVICES
45. PERIOD OF AGREEMENT
46. DATA & INTERNET SERVICES CHARGES
47. CHANGE OF ADDRESS / UPGRADES / DOWNGRADES
48. INDEMNITY
49. SOFTWARE
50. PROVISION OF DATA & INTERNET SERVICES RELATED EQUIPMENT
51. INSTALLATION OF DATA & INTERNET SERVICES RELATED EQUIPMENT
52. TERMINATION
53. DEFINITIONS
PART C – MOBILE SERVICES AND MOBILE EQUIPMENT
54. APPLICATION OF THIS PART
55. APPROVED EQUIPMENT
56. MINIMUM TERM
57. SIM
58. VALUE ADDED FEATURES AND MOBILE PREMIUM SERVICE
59. MOBILE SERVICES CHARGES
60. MOBILE NUMBER PORTABILITY
61. MOBILE EQUIPMENT AND MOBILE PLANS
62. CHANGING PLANS
63. ACCEPTABLE USE
64. DEFINITIONS
PART D – NBN NETWORK SERVICES
65. APPLICATION OF THIS PART
66. PROVISION OF NBN NETWORK SERVICES
67. PERIOD OF AGREEMENT
68. NBN NETWORK SERVICES CHARGES
69. CHANGE OF ADDRESS / UPGRADES / DOWNGRADES
70. INDEMNITY
71. SOFTWARE
72. PROVISION OF NBN NETWORK SERVICES RELATED EQUIPMENT
73. TERMINATION
74. INDEMNITY
75. CUSTOMER SUPPLIED EQUIPMENT
76. POINTS OF INTERCONNECTION
77. NBN Co
78. VOICE SERVICES PROVIDED BY NBN NETWORK SERVICES
79. DEFINITIONS

1. ABOUT THIS AGREEMENT
Please read this Standard Form of Agreement carefully. It applies to:
1.1 your use of the Services;
1.2 any Goods or any quotations for or offers to supply Goods; and/or
1.3 any Other Services,
provided to you by Rivertel Pty Ltd ABN 31 147 945 686trading as Rivertel, LoCall Australis, MyArmidale, MyFibre (in
this Agreement referred to as "our", "we", "us" or "Rivertel”).
This Standard Form of Agreement forms our “contract” with you. It does not require your signature, by ordering a service
or services you agree to abide by this Standard Formof Agreement.
1.4 INTERPRETATION & DEFINITIONS
1.4.1 The following definitions apply unless the context requires otherwise:
1.4.2 ACMA means the Australian Communications and Media Authority.
1.4.3 ACT means the Telecommunications Act 1997 (Cth).
1.4.4 age-restricted audio-visual service means a service that enables an end-user to access age-restricted content
other than material supplied as part of a telephonesex service.
1.4.5 age-restricted service means an age-restricted audio-visual service; or anage-restricted text service.
1.4.6 age-restricted text service means a service supplied solely or primarily by wayof a text service about which it
would be concluded that a majority of persons who use the text service are likely to do so with the sole or principal object
of deriving sexual gratification from the service.
1.4.7 Application and Customer Contract has the meaning given to it in clause 2 of this agreement.
1.4.8 Rivertel Rate Sheet means Rivertel standard rate sheets for the Servicesor any and all components of the
Package as amended from time to time, copies of which are available by calling our customer service.
1.4.9 Barring or Bar means restricting the supply of one or more (where possible) or all eligible Services on a Service so
that the customer is unable to acquire the restricted eligible Services.
1.4.10 Business Hours means 9am to 5pm on a day that is not a Saturday, aSunday or a public holiday or bank holiday
in the place concerned.
1.4.11 Credit Limit means the monthly spend limit on eligible Services applied to a Customer’s Service account.
1.4.12 Credit Reporting Agency has the meaning given in section 6 of the Privacy Act.
1.4.13 Data & Internet Services means our internet access, e-mail facilities, wide area networking services, web-page
facilities, broadband, digital subscriber line, frame relay and any other related facility or servicesthat we may provide
from time to time, including any technical and other advice provided by us, to be provided to you under Part B and as
specified in your Application.
1.4.14 Data & Internet Services Related Equipment means equipment that is not Equipment, Other Equipment or
Voice Services Related Equipment, which is provided toyou by us or our Supplier for use in connection with the
provision of Data & Internet Services as specified in Part B.
1.4.15 Data & Internet Equipment means equipment which is provided to you by us or our Supplier for use in
connection with the provision of Data & Internet Services and as specified in your Application.
1.4.16 Equipment means all or any of the Data & Internet Equipment, Mobile Equipment, Rental Equipment, Purchase
Equipment, or other equipment specified in your Application but does not include Other Equipment.
1.4.17 Equipment Charge means the monthly charge for the Rental Equipment and/or Purchase Equipment as
specified in your Application and as varied in accordance with this SFOA.
1.4.18 GST has the meaning given in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
1.4.19 Intellectual Property Rights means any and all intellectual and industrial property rights throughout the world
including but not limited to any copyright, trade mark, domain name, business name, design, patent, circuit layout, semi-conductor or other similar proprietary rights and licences and sub-licences of such rights (irrespective of whether or not
such rights are registered, or formal or informal);trade secrets, technical or non-technical data, knowledge, information
or documentation; secret or confidential operationsor information; business systems, business methodsor business
plans (whether registered, registrable, formal, informal or otherwise); customer lists, supplier listsand other proprietary
lists, names, addresses or information not generally known; techniques, diagrams, data, proofs, prints, particulars,
inventions and prototypes.
1.4.20 LNP Authorisation means the LNP Customer Authorisation in your Application on the terms of this SFOA.
1.4.21 Maintenance means any Maintenance we provide as specified in your Application
1.4.22 Maintenance Agreement means the Customer Contract with us for the supply of Maintenance under this SFOA.
1.4.23 Maintenance Charge means the charge for Maintenance as specified in your Application and as varied in
accordance with this SFOA.
1.4.24 Minimum Monthly Spend means the Minimum Monthly Spend as specified in yourApplication and as varied
from time to time in accordance with this SFOA.
1.4.25 Minimum Term or Minimum Term Contract means the term of this SFOA as specified in your Application.
1.4.26 Mobile Equipment means equipment which is provided to you by us or our supplier for use in connection with the
provision of Mobile Services and as specified in your Application.
1.4.27 Mobile Premium Service means a premium SMS or MMS service; or a proprietary network service.
1.4.28 Mobile Premium Services Determination means the Telecommunications Service Provider (Mobile Premium
Services) Determination 2005 (No.1) including any amendments to the determination.
1.4.29 Mobile Services Related Equipment means any equipment as specified in your Application that is not
Equipment, Data & Internet Services Related Equipment, Voice Services Related Equipment or SIM cards, but may
include handsets, accessories and equipment supplied by us.
1.4.30 Mobile Services means the GSM digital public mobile telecommunications service or the CDMA cellular
telecommunications service and the Value Added Features which we provide you under Part C and as specified in your
Application.
1.4.31 MNP Customer Authorisation means the MNP Customer Authorisation in your Application on the terms of this
SFOA.
1.4.32 Numbering Plan means the Telecommunications Numbering Plan (1997) as amended from time to time.
1.4.33 Other Equipment means equipment that is not Equipment provided by us.
1.4.34 Other Software means software that is not Software provided by us.
1.4.35 Package means a bundled offering of any or all Services, Equipment, Software and/or Maintenance and as
described in your Application.
1.4.36 Part refers to any section of this SFOA so described.
1.4.37 Peripheral equipment means the peripheral equipment in your Application marked with an asterisk (*), and which
is part of the Rental Equipment or Purchase Equipment,but it is not serviced by us as part of Maintenance.
1.4.38 Personal Information means any information or document referred to in section 276(1) of the Act and any
personal information within the meaning given in section 6 of the Privacy Act.
1.4.39 premium SMS or MMS service means a carriage service supplied by way of a call to a number with the prefix
191, 193, 194, 195, 196, 197 or 199; or a content service supplied by way of a call to a number with the prefix 191, 193,
194, 195, 196, 197 or 199.
1.4.40 Privacy Act means the Privacy Act 1988 (Cth).
1.4.41 proprietary network means a telecommunications network that enables Customers to access, by way of a
mobile device, a premium content service that is not otherwise generally available.
1.4.42 proprietary network service means a public mobile telecommunications service that enables customers to
access a proprietary network.
1.4.43 Purchase Equipment means the equipment specified in your Application and supplied to you.
1.4.44 Purchase Equipment Agreement means the contract with us for the supply of Purchase Equipment under this
SFOA.
1.4.45 Purchase Equipment Charge means the monthly charge for the Purchase Equipment as specified in your
Application and as varied in accordance with this SFOA, including any residual amounts owing to us at theexpiry of the
Minimum Term (such amounts which must be paid by you before ownership transfers to you).
1.4.46 Related Body Corporate has the same meaning as in section 9 of the Corporations Act 2001 (Cth).
1.4.47 Rental Agreement means a contract for the rent of Equipment under this SFOA.
1.4.48 Rental Equipment means the Equipment you rent as specified in your Application
1.4.49 Rental Equipment Charge means the monthly charge for the Rental Equipment as specified in your Application
and as varied in accordance with this SFOA.
1.4.50 Services means the Data & Internet Services, Mobile Services, Mobile Premium Services, Voice Services or
other services specified in your Application that wesupply to you under this SFOA.
1.4.51 Services Agreement means the contract with us for the supply of Services under this SFOA.
1.4.52 Service Level Agreement means the Service Level Agreement as specified in your Application and available at
our website.
1.4.53 Site means the site described in your Application.
1.4.54 Software means the software we provide as specified in your Application but does not include Other Software.
1.4.55 Short Message Service (SMS) is the ability to send Short Messages and receive Short Messages in relation to
GSM and in relation to CDMA.
1.4.56 standard customer agreement and SFOA mean each of the contracts described in Clause 2of these General
Terms.
1.4.57 Supplier means any carrier, telecommunications service providers, internet service providers or software or
equipment suppliers that provide facilities and services.
1.4.58 Value Added Features means any of the Mobile Services value added features as specified in your Application.
1.4.59 Voice Services means the telecommunications services to be provided to you under Part A and/or Part D and as
specified in your Application.
1.4.60 Voice Services Related Equipment means equipment that is not Equipment, Other Equipment or Data &
Internet Services Related Equipment, which is provided to you by us or our Supplier for use in connectionwith the
provision of Voice Services as specified in Part A and/or Part D.
1.4.61 Telephone Servicesmeans the telecommunications services to be provided to you under Part A and/or Part D
and as specified in your Application.
1.4.62 we, us means the entity referred to in clause 1.3 of the General Terms.
1.4.63 you, your means the customer, as specified in your Application.
1.4.64 Acceptable Use Policymeans our Policy which specifies our requirements in relation to your use of the Services
(attached to and forming part of this Agreement);
1.4.65 Agreementmeans this agreement for the provision of the Supplies by us to you, which includes this Standard
Form of Agreement, the Service Arrangement and Agreement Addendum (if applicable), each Service Schedule (if
applicable) and your Application (if applicable, once accepted by us).
In the event of any conflict or inconsistency between any part of:
1.4.65.1 each relevant Service Arrangement and Agreement Addendum (if any);
1.4.65.2 each relevant Service Schedules (if any);
1.4.65.3 each Application (if any); and
1.4.65.4 this Standard Form of Agreement;
then the material mentioned in any one of clause 3 has precedence over material mentioned in a subsequent clause, to
the extent of any conflict or inconsistency;
1.4.65 Anniversary Datemeans the recurring due date on which you are required to pay the Charges for any ongoing
Supplies, which will occur each month, quarter, yearor other period as provided on each applicable Application, each
applicable Service Arrangement and Agreement Addendum or in each applicable Service Schedule, commencing onthe
Service Commencement Date. We may change your Anniversary Date from time to time, at our discretion, in order to
align this date with the renewal dates of your active Services. Where a change to your Anniversary Dateis made you
may receive two distinct invoices in the monthly period when the change is implemented;
1.4.66 Applicationmeans each application form completed by you (either hard copy or soft copy on our Website) and
sent to us requesting the Services;
1.5 Interpretation:
1.5.1 Headings are for convenience only and do not affect interpretation. The following rules apply unless the context
requires otherwise.
1.5.2 The singular includes the plural and conversely.
1.5.3 A gender includes all genders.
1.5.4 If a word or phrase is defined, its other grammatical forms have a corresponding meaning.
1.5.5 A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
1.5.6 A reference to a clause or schedule is a reference to a clause of or a schedule to, this SFOA.
1.5.7 A reference to an agreement or document (including a reference to this SFOA) is to the agreement or document as
amended, varied, supplemented, novated, or replaced, except to the extent prohibited by this SFOA or that other
agreement or document.
1.5.8 A reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative
provision substituted for it and a regulation or statutory instrument issued under it.
1.5.9 A reference to dollars and $ is to Australian currency.
1.6 The meaning of general words is not limited by specific examples introduced by including, or for example, or similar
expressions.
2. OUR AGREEMENT WITH YOU
2.1 By entering into this standard customer agreement (“SFOA”) with Rivertel you contract with us for the supply of
Services, Equipment, Software and Maintenance as relevant to you
2.2 You may apply for a Service by any method approved by us.
2.3 If you provide us with an Application for a Service we will assess your Application. We may refuse your Application
for any reason and without being obliged to provideany reason to you.
2.4 If your Application is accepted, we will take steps to provide you with the Service, subject to the terms of this
Agreement.
2.5 Upon our acceptance of your Application, or, ifapplicable, execution of this Agreement by us and you, a contract is
formed and you become bound by this Agreement and the Term and charges associated with the Service. The contract
between us remains in force until it is terminated in accordance with this Agreement.
2.6 There may be a time delay between us accepting your Application, or, if applicable, execution of this Agreement by
us and you, and providing you with the Service. We are not and will not be responsible for any delays associated with
provision of a Service, nor any inability by us to provide the Service to you.
2.7 This Agreement commences on the Service Commencement Date for the first Service you acquire from us and will
continue until the expiration or termination of theTerm in respect of the last Service you acquire from us, unless
terminated earlier in accordance with this Agreement. Once you have entered into this Agreement all additional Goods,
Services or Other Services that you acquire from us are acquired and supplied pursuant to this Agreement. For all
additional Goods, Services or Other Services acquired and supplied to you, we will issue you with the additional relevant
Service Arrangement and Agreement Addendums and/or Service Schedule(s) (if applicable) which constitute variations
to this Agreement for the purpose of such additionalGoods, Services or Other Services acquired.
2.8 For the avoidance of doubt, in conjunction withthis with this document, the following policies also make up Rivertel’s
SFOA:
Customer Service Guarantee
Privacy Policy
Acceptable Usage Policy
Fair Use Policy
Financial Hardship Policy
Customer Complaints Policy
2.9 This SFOA is not legally binding on us until we accept your Application, except that we may undertake credit
checking and use information supplied by you in accordance with clause 17 and 18, and we may process your
Application and prepare to activate the Services, order required Purchase Equipment (if any), order required Data &
Internet Services Related Equipment (if any), order required Voice Services Related Equipment, and deliver the required
Rental Equipment (if any). If your Application is refused or cancelled, we may charge you an amount equal to our costs
for this work. Your Application will be deemed to beaccepted by us at the earlier of the date that your Services are
activated, any Purchase Equipment is ordered, any Data & Internet Services Related Equipment is ordered, any Voice
Services Related Equipment is ordered, or any required Rental Equipment is delivered to you.
2.10 Subject to Part 23 of the Act, we may vary any part of this SFOA, including the Service Level Agreements, Rivertel
Rate Sheets and other charges, at any time given 30 days notice.
3. PROVISION OF SERVICES
3.1 We will use our reasonable commercial endeavours to provide you with the Services you request, in accordance with
this Agreement.
3.2 It is not our responsibility to provide training in the use of the Services.
3.3 We will make all reasonable efforts to ensure continuity of the Services, but we make no guarantee that the Services
will be either uninterrupted or error-free.
3.4 While we endeavour to take reasonable care withinformation that you deposit with us we cannot anddo not
guarantee that all such information will reach its intended destination (including electronic mail) inside or outside our
network.
3.5 You acknowledge that we do not and cannot in any way supervise, edit or control the content and form of any
information or data accessed through the Services and we shall not be held responsible in any way for any content or
information accessed via the Services.
3.6 We disclaim all or any liability for any material viewed in connection with the Services that you find offensive,
upsetting, defamatory, personally offensive or in any way unsuitable for people under the age of eighteen (18) years.
3.7 Any transmission speeds indicated refer to the maximum theoretical speeds achievable with the Services under ideal
conditions, and you acknowledge that the actual achieved speeds may be substantially different from the theoretical
speeds. You acknowledge and agree that the maximum theoretical speed may be reduced by factors including but not
limited to:
3.7.1 the length, configuration and condition of your copper line;
3.7.2 the number and type of other services being used by other customers over telephone lines runningclose to yours;
3.7.3 electrical interference from outside sources;
3.7.4 the configuration of the telephone wiring within your premises;
3.7.5 the software configurations and applications on your computer;
3.7.6 your equipment and software; and
2.7.7 the capacity of, load on and access data rateof the destination host computer or server that you are accessing.
3.8 To maintain the quality of services provided toour customers, we may also prioritise the deliveryof network traffic, as
determined in our absolute discretion.
3.9 Any general statements, maps or other indicatorsof service availability are only a guide and you must not rely upon
such statements, maps or other indicators as a commitment to provide the Services to a particular physical location.
3.10 The Services are provided on an 'as-is' basis.
3.11 From time to time, we may vary a term in the SFOA and the Rivertel Rate Sheet where the variation results from an
action taken which is detrimental to you, provided that:
3.11.1 you have nominated a Minimum Term Contract in your Application;
3.11.2 we issue you at least 30 days notice in writing prior to the date of the variation; and
3.11.3 offer you in the notice the right to terminate within 42 days of the date of the notice withoutincurring fees or
charges other than:
3.11.4 usage or network access charges incurred up to the date of termination; and
3.11.5 any Equipment Charges and outstanding amountsthat cover installation costs except when the equipment
provided is solely able to be used on our network and cannot be used on another network
4. EQUIPMENT AND SOFTWARE
4.1 We may install Equipment at the Sites, and you must permit us to access the Sites for the purpose of installing that
Equipment and cooperate with any reasonable request by us regarding the installation of that Equipment.
4.2 We retain ownership of the Rivertel Equipment and the Software.
4.3 You must comply with the terms and conditions of the Software licence(s) which apply to the use ofany Software.
4.4 Upon the termination or expiration of this Agreement for any reason, you must provide us (and any person nominated
by us) with access to each Site in order to remove the Rivertel Equipment and Software.
4.5 You are responsible for the Rivertel Equipment and the Software and must indemnify us against all loss and damage
to the Rivertel Equipment and Software until it is returned to us, unless the loss and damage is due toreasonable wear
and tear.
4.6 If we consider that it is necessary in provisioning a Service, on request by us you must arrange for the Non Rivertel
Equipment to be supplied to us for us to approve theNon Rivertel Equipment as suitable to allow us to comply with our
obligations under this Agreement.
4.7 We will test the Equipment prior to its installation, and will notify the results of those tests toyou. In the event that the
Equipment fails these tests, you must procure replacement Non Rivertel Equipment, and this procedure will be repeated
until we obtain Non Rivertel Equipment that is satisfactory.
4.8 If required, you are responsible for obtaining,providing and maintaining all telephone access lines, telephone and
computer equipment (including modem) or other access device(s) necessary to access the Services.
4.9 You agree that you will:
4.9.1 allow or procure for us (or any person nominated by us) safe, sufficient and timely access to any premises as
required in connection with the provision, inspection, testing, maintenance and repair of the Services or any equipment
used in the provision of the Services; and
4.9.2 permit us (or any person nominated by us) to modify any equipment used in the provision of the Services if we
consider it necessary to do so.
4.10 If you do not own control or have access to premises which must be accessed in connection with the provision of
the Supplies, you must indemnify us (or any person nominated by us) against a claim by the owner or occupier of those
premises, or any other person, in relation to entryonto the premises by us (or any person nominated by us).

5. GOODS
If you order Goods from us:
5.1 Clause 13 will apply in respect of those Goods;
5.2 The Rivertel Equipment Warranty as detailed on the Website at the time of your order will apply to those Goods;
5.3 the Supplier of the Goods may also provide a manufacturer’s warranty for those Goods, in which caseyou may
receive notice of the terms of that warranty in theapplicable Service Schedule and/or in a separate document
accompanying the Goods;
5.4 it is your responsibility to review and consider the specifications and descriptions of the Goods contained in any order
documentation to ensure that the goods meet your needs, and you will be deemed to have accepted these matters if you
do not notify us otherwise before you pay for the Goods or we order the Goods (whichever occurs first);
5.5 we may require you to pay for the Goods in advance of us placing an order with a Supplier for the Goods. If we do
not require advance payment from you before obtaining goods you have ordered and you subsequently failto pay us for
those Goods when requested, you will be liable for any resulting losses we may suffer;
5.6 we may adjust the price of the Goods at any time before delivery to you to reflect any change in the costs to us of the
Goods due to any factor beyond our reasonable control. If we adjust the price of the Goods after your order you may
cancel your Order before the Goods are delivered toyou;
5.7 risk of damage to or loss of the Goods shall pass to you once the Goods are delivered to you;
5.8 notwithstanding Clause 5.7, if we have not received payment for the Goods the property and ownership of the Goods
shall not pass to you until we have received payment in full for all indebtedness including the price of the Goods;
5.9 until such time as title to the Goods pass to you in accordance with Clause 5.8:
5.9.1 you must hold the Goods as our bailee and must keep the Goods separate from all other goods;
5.9.2 you must keep the Goods properly stored, protected and identified as our property;
5.9.3 we may at any time require you to deliver up the unpaid Goods to us and, if you fail to do so immediately, we may
enter your premises or any third party's premises where the Goods are located and repossess the Goods;
5.9.4 you agree that we are authorised to enter anypremises where the Goods are located and you will indemnify us in
accordance with Clause 12 against all losses of whatever nature suffered by us as a result of recovering or attempting to
recover the Goods.
6. NOTICES
6.1 Notices under this Agreement must be sent by prepaid ordinary post, by facsimile or by electronic mail and will be
deemed given:
6.1.1 in the case of posting, three days after dispatch; or
6.1.2 in the case of facsimile and electronic mail,upon receipt of transmission if received on a business day or otherwise
at the commencement of the first business day following transmission.
6.2 You must provide notice either in writing, or by using an online cancellation request facility provided on the Rivertel
web site, of your intention to cancel any of the Supplies under Clause 23 to our accounts department.
7. YOUR OBLIGATIONS TO US
7.1 You must provide us with all information that we may reasonably require for the purposes of this Agreement. All
information must be accurate, truthful and correct.Without limitation, you warrant that you are not aminor.
7.2 If applicable for the Services, you warrant that either:
7.2.1 you are the registered lessee of the Telephone Line; or
7.2.2 you have obtained the express consent of the lessee of the Telephone Line for you to obtain the Services using the
Telephone Line.
7.3 You are responsible for all third party charges(eg standard landline telephone services purchasedfrom a third party
Telecommunications Company) associated with connecting to the Services. You are also responsible for all third party
charges associated with disconnecting from the third party services (eg standard landline telephone service
disconnection fees).
7.4 You are responsible for all third party chargesfor maintenance, repair or otherwise to Non-Rivertel Equipment
required to connect to or use the Services, and for the fee charged by us for any relevant callout madein accordance
with clause 10.8.
7.5 If you and one or more others are the customer for the Services, each of you is jointly and individually responsible for
all charges and all other obligations relating to the Services.
7.6 You agree that you will not interfere with the normal operation of the Services or any equipment used in the provision
of the Services, or make either unsafe.
7.7 You acknowledge that any material that you makeavailable using the Services is your own responsibility and that we
accept no liability for any such material. You indemnify us against any liability in relation to this material. You also
acknowledge that we do not vet or approve any information or material available through the Services.
7.8 You must ensure that use of the Services that are accessed through your access information does not expose any
minor to material that is unsuitable for minors (and you will indemnify us in accordance with Clause 12 for any liability we
incur as a result of your breach of this Clause). You may obtain advice on available content filteringsoftware which may
be of assistance to you from the following web page: http://www.iia.net.au/index.php/initiatives/guide-for-users.html
7.9 You acknowledge that it is your sole responsibility to comply with any rules imposed by any third party whose content
or service you access using the Services.
7.10 You must not re-sell or attempt to re-sell theServices, unless you have explicit written permission from us to do so.
7.11 You acknowledge that we may take all reasonably necessary steps to ensure the efficient operationof the Services.
7.12 You are responsible for backup of all information or content associated with the Services.
7.13 You are responsible for:
7.13.1 obtaining all necessary permissions, authorisations, licences and consents in relation to the use of any third party
materials used in the provision of the Services; and
7.13.2 payment of all royalties and other fees associated with the use of such third party materials, and you must
indemnify us in respect of any liability arising directly or indirectly from a failure by you to observe your obligations under
this Clause 7.13.
7.14 You will ensure that you comply at all times with all laws and obligations, including licence conditions, applicable to
the Services or the Package, and their use.
7.15 You must use reasonable endeavours to ensure that you do not establish, maintain or permit a connection to
another person's network, equipment or cabling thatis prohibited by or does not meet the requirementsof any technical
or interconnection standards made by the ACMA under the Act unless such connection is made in accordance with a
connection permit issued under the Act or connection rules made under the Act where the party establishing, maintaining
or permitting the connection (as the case may be) is subject to such connection rules.
7.16 If you change your address, phone number or other billing contact details, you must notify us before the end of your
billing period. Please contact our customer service team if you do not know when the end of you billingperiod is.
7.17 You must not use the Services, Value Added Features, Software, any of the Equipment, Voice Services Related
Equipment, Data & Internet Services Related Equipmentor any and all components of the Package in such a manner
that may:
7.17.1 menace or harass any person or intentionallycause damage or injury to any person or property or incite hatred
against any person;
7.17.2 expose us or you to the risk of any legal oradministrative action including prosecution under any law or which
would bring either of us into disrepute;
7.17.3 involve the publication of material that is illegal or defamatory or which may promote others to engage in such
acts;
7.17.4 damage our, or our Supplier's, network or systems or cause the quality of the Services to be impaired;
7.17.5 infringe any person's intellectual property,personal (as set out in Privacy Act), or other rights; or
7.17.6 be unlawful.
7.17.7 You agree to comply with the Acceptable Use Policy set out on the Rivertel website
7.18 You must not use the Services, Voice Services Related Equipment, Data & Internet Services Related Equipment,
Value Added Features, Equipment or Software, to send unsolicited information to third parties.
8. SERVICE INFORMATION
8.1 We will provide you with any access informationrequired to use the Services that we deem reasonably necessary (if
any).
8.2 You will:
8.2.1 subject to disclosure permitted by us, maintain the secrecy and confidentiality of all access information required by
you to access the Services, and not disclose to anyother person, corporation, entity or organisation any access
information, whether in use or not, nor any other confidential information relating to the Services; and
8.2.2 notify us immediately if your username and password are lost, or you think someone else is usingthem.
8.3 You will be liable for all Charges resulting from use of the Services accessed through your access information,
whether authorised by you or not.
9. SERVICE LEVELS
9.1 If a Service Schedule provides that a Service is subject to service levels, Clause 10 applies in respect of the
provision of that Service.
9.2 You must report the details of a suspected Fault to the Rivertel Help Desk as soon as possible after you become
aware of the suspected Fault.
9.3 You may report a suspected Fault to us 24 hoursper day. However if you make a fault report outside the Hours of
Coverage for Response, the Response Time will not commence until the beginning of the Hours of Coverage for
Response.
9.4 When reporting a suspected Fault to us, you must provide the following information to us:
9.4.1 Service details which identify the affected Service to such particularity as requested by us (including the location of
the affected Service); and
9.4.2 contact details, including your name, your contact point(s), the Site Contact (if Site attendance is required),
contacts at both ends of the Service (where appropriate) and details of the Fault systems.
10. INVESTIGATION OF FAULTS BY RIVERTEL(APPLICABLE SERVICE
TYPES ONLY – REFER TO CLAUSE 9.1)
10.1 We will analyse the cause of the suspected Fault and determine if the suspected Fault is in fact a Fault.
10.2 We may be unable to provide Fault restoration under this Agreement where the fault is in a networkowned or
maintained by any person other than us.
10.3 Where a Fault report is lodged, we will undertake Fault restoration work during the Hours of Coverage for
Restoration for the Service.
10.4 On completion of Service restoration activities, we will contact you to confirm that the Service has been completely
and satisfactorily restored. Where the Service has not been completely and satisfactorily restored, we will continue the
restoration process.
10.5 If you wish to escalate the Fault, as a resultof either the response target or the restoration target having been
exceeded, you must contact Rivertel explaining the outstanding issue.
10.6 If the escalation does not result in the restoration of the Service, you should contact your Rivertel representative, or
alternatively the Rivertel Customer Services Managerand report this escalation failure.
10.7 Where an on-site visit is required, we will arrange an appropriate appointment time with the SiteContact.
10.8 Where we attend the Site in response to a Fault report and the Fault is found to be in the Non Rivertel Equipment,
you will be liable for a fee charged by us for the relevant callout, and all third party charges in relation to the Non-Rivertel
Equipment in accordance with clause 7.4.
10.9 If we must gain access to the Site to restore the Service, the Response Time and Restore Time will be subject to
the provision of entry to the Site, and delays in the provision of such access will result in a corresponding extension of
the stated Response and Repair Time commitments.
10.10 Our obligations do not extend to Faults caused as a result of:
10.10.1 any fault in equipment, software or any network not forming part of the Service or the Rivertel Equipment;
10.10.2 damage due to causes external to the Service or the Rivertel Equipment; or
10.10.3 any fault which is within the network of a Supplier. However, we will notify that Supplier of the fault and request
that the fault be corrected promptly.
11. CHARGES
11.1 All quotations issued by us in respect of the Supplies, unless otherwise stated, are valid for thirty (30) days from
date of issue and are subject to this Agreement.
11.2 We offer different fee structures for the provision of the Supplies and you are liable for the fees applicable to any
Supplies you acquire, as specified in each Application and/or each applicable Service Schedule and/or each applicable
Service Arrangement and Agreement Addendum.
11.3 If you acquire ongoing Services from us, a regular invoice/statement notification will be delivered via electronic mail,
postal mail, or fax. We can charge you a processingfee for invoices delivered to you by postal mail or fax. You may also
contact us during our hours of operation to verify the current financial status of your account with us. An invoice
presented by us shall be deemed to be a correct statement of all Charges contained in that invoice.
11.4 If you acquire any Other Services from us that are supplied on an ongoing basis, we may require that you pay for
those Other Services periodically (in which case the provisions of Clause 11.3 will apply to those Other Services) or in
full prior to supplying those Other Services to you.Each Application, Service Schedule or Service Arrangement and
Agreement Addendum will set out the payment requirements for the Other Services.
11.5 All Charges (unless otherwise provided in an applicable Application, Service Schedule or Service Arrangement and
Agreement Addendum), except any Charges for excess usage or specified non Internet or telecommunications services,
are payable in advance and must be paid prior to the supply of the Service/s and prior to the invoice due Date (as
applicable). We will endeavor to bill you within the next normal billing period for charges billed in arrears, but we reserve
the right to bill you for those charges in later billing periods. As per 8.2.2 of ACIF CS42 - Industry Code - Billing, we will
not bill charges older than 190 days from the date the charge was incurred by the customer.
11.6 All accounts must be paid by the due date specified on the invoice/statement. Any account that is outstanding
beyond the due date is in default, and an overdue notice will be issued. If payments are not received by the date
specified on the overdue notice, we will be entitled to recover any Goods supplied for which payment has not been made
in full (in the event that we did not require advance payment for those Goods) and/or may suspend youraccess to the
Services and/or the provision of the Other Services under Clause 21.1 until all outstanding monies are paid in full (and
we may charge you an additional fee for any subsequent re-connection to the Services or resupply of theGoods) and
may also:
11.6.1 terminate this Agreement (as set out in Clause 22); and/or
11.6.2 require you to pay us interest on any moniesowing to us at a rate equivalent to the prime ratecharged for bank
overdrafts by our current bankers at that time, that interest to be computed from the date on which the relevant payment
was due until all outstanding monies have been paidin full.
11.7 If we terminate this Agreement under Clause 22.1.3 as a result of your non-payment of any Charges:
11.7.1 we will be entitled to remove any Goods supplied to you to which we have title;
11.7.2 you consent to us entering the premises on which the items referred to in Clause 11.7.1 are stored or may be
accessed or located, in order to enforce our rightsto possess, use and sell those items;
11.7.3 we will set off any amounts we receive from the sale or use of these items against the amounts you owe to us
under this Agreement; and
11.7.4 we will re-assign or re-transfer to you any items that remain after all amounts owed to us by you under this
Agreement have been paid by you and/or set off by the sale or use of these items, in accordance with this Clause.
11.8 Service suspensions under Clause 11.6 (if permitted by an applicable Service Schedule) will be promptly removed
on receipt of full payment of all Charges owed to us under this Agreement.
11.9 If you wish to query any item you have been charged for, please do so within seven (7) days of our invoice. All non-disputed amounts must be paid in full within the period described in Clause 11.6.
11.10 Where you request us to invoice amounts owingunder this Agreement to a nominated credit card:
11.10.1 you will operate the credit card within terms and credit limits set in order to pay your account in full;
11.10.2 you will give us the authority to complete and sign on behalf of yourself, all necessary formsand documents to
facilitate payments from the relevant bank, or other financial institution;
11.10.3 you agree to remain liable to us for all amounts owing to your account consequently billed to your credit card
until all amounts outstanding have been paid in full; and
11.10.4 we can charge you a credit card payment processing fee.
11.11 The amounts payable by you to us for, or in connection with, the Services supplied under this Agreement will
include any GST payable. We will provide you with invoices in the form of tax invoices.
11.12 If the rate of GST changes after the date of this Agreement, we may adjust the amounts payable by you to us in
respect of the Services to reflect that change in the rate of GST from the date the change is effective.
11.13 You are responsible for any collection fees (including legal fees and any other costs) incurred by us as a result of
the collection of outstanding monies owed by you tous under this Agreement.
11.14 We will usually invoice you monthly for charges due under this SFOA. Our first invoice will be issued either in the
month that we commence provisioning Services to youor, in our discretion, the following month. We mayvary invoice
frequency at our discretion. We may issue interim invoices. We may bill you more often if you exceed your spend limit
(see clause 14.2).
11.15 If an invoice is paid by cheque or direct debit from your bank account and that cheque or directdebit is
dishonoured, cancelled or otherwise fails, you may be liable for a charge which will be added to your next invoice.
11.16 Supplier charges:
11.16.1 Our charges to you may pass on any charges another Supplier charges to us (including increases and special or
one-off charges).
11.16.2 You will pay us any charge which any other Supplier or other person renders to us:
a) if you approach that other Supplier or person directly, or otherwise than through us; or
b) for connection or initiation of any service or for cancellation of any service.
11.16.3 If you use an override code to access services offered by another Supplier, you will be billed by that Supplier for
charges you incur unless we have a separate arrangement in place for the Supplier to charge us directly, in which case
we will pass on the charges to you in accordance with this clause 11.5.
11.17 If you do not pay to us any part of the charges by the due date on any invoice, we may impose a late payment
charge
11.18 Your invoice will be calculated with reference to data recorded by us and our Suppliers. Our records are sufficient
evidence of amounts payable by you unless shown to be incorrect.
12. INDEMNITY
You release and indemnify us, our servants, agents and Suppliers from all liability arising in connection with the Supplies
and/or any goods or services provided by our Suppliers (including all liability in connection with their provision or
cancellation, as applicable). This indemnity includes (but is not limited to) an indemnity against allactions, claims and
demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us, as
well as all expenses, penalties, fines (including those imposed by any regulatory or governmental bodyor under any
statute), losses, damages and costs (on a solicitorand own client basis and whether incurred by or awarded against us)
that we may sustain or incur as a result, whether directly or indirectly of:
12.1 any breach of this Agreement by you including but not limited to a breach in respect of which we elect to terminate
this Agreement;
12.2 any use made by any person (including any minor) of the Services that are accessed through your access
information (including loss of data, delays, non-deliveries, mis-deliveries, service interruptions, whether or not as a result
of our negligence or our act or omission);
12.3 the negligence of you or your agent, employee or sub-contractor or of any other person for whose acts or omissions
you are held liable;
12.4 any loss of or damage to any property, or injury to or death of any person, caused by any negligent act or omission
or wilful misconduct of you or your officers and employees;
12.5 disruption to your telephone services during the installation of an ADSL Service (if applicable).
13. OUR LIABILITY
13.1 We make no express warranties to you except those expressly set out in this Agreement.
13.2 We do not exclude or limit the application of any provision of any statute (including the Competition and Consumer
Act 2010) to the extent that doing so would contravene that statute or cause any part of this Clause tobe void.
13.3 Subject to clause 13.2, we exclude:
13.3.1 from this Agreement all conditions, warranties, guarantees and terms implied by statute or general law or custom
except any implied condition or warranty the exclusion of which would contravene any statute or cause this Clause to be
void (“Non Excludable Guarantee”);
13.3.2 all liability to you in contract for consequential or indirect damages arising out of or in connection with this
Agreement even if we were aware they were possible or they were otherwise foreseeable including, without limitation,
lost profits and damages suffered as a result of claims by any third person such as you or one of yourcustomers; and
13.3.3 all liability to you in negligence for acts or omissions of us or our employees, agents or contractors arising out of
and in connection with this Agreement.
13.4 Subject to clause 13.6, Our liability to you for breach of any express provision of this Agreementor any Non
Excludable Guarantee (except a Non Excludable Guarantee implied by sections 51, 52 and 53 of Schedule 2to the
Competition and Consumer Act 2010) is limited at our option to one of supplying, replacing or repairing the Goods or
supplying again the Services or Other Services in respect of which the breach occurred.
13.5 On request by you we will refund any amount paid by you for the Services in respect of which the breach occurred,
rather than provide the remedy referred to above.
13.6 If you are a consumer, as defined under the Competition and Consumer Act 2010, we do not exclude liability to you
for breach of any Non Excludable Guarantee in respect of goods or services ordinarily acquired for personal, domestic or
household use and consumption.
13.7 Subject to Clause 13.8, you warrant that you have not relied on any representation made by us which has not been
stated expressly in this Agreement or upon any descriptions, illustrations or specifications containedin any document
including catalogues or publicity material producedby us (other than an applicable Service Schedule).
13.8 You acknowledge that to the extent we have made any representation which is not otherwise expressly stated in
this Agreement, you have been provided with an opportunity to independently verify the accuracy of that representation.
14. SECURITY DEPOSIT & SPEND LIMITS
14.1 We may from time to time set a dollar limit for the amount we will allow you to spend on the Services or the Package
during a month ("spend limit"). The spend limit is only a guideline for our credit management action, which may be
varied depending on the amount by which you have exceeded your spend limit, and may include the following:
14.1.1 verbal advice to you of total cumulative charges;
14.1.2 written correspondence (including transmitting the notice to your email address where you have provided consent
in your Application) to you advising the value exceeding the spend limit; and
14.1.3 an interim invoice, upon which payment must be received, in order to continue supply of the Services or the
Package.
14.2 We may also monitor your Service for excessive or unusual usage or your level of liability for charges for such
usage, but do not promise to do so. You acknowledgeand agree that in addition to our rights under clauses 21 and 22
we can suspend, cancel or Bar your Service upon reasonable verbal or written notice to you (including transmitting the
notice to your email address where you have provided consent in your Application) if we have reasonablegrounds for
believing that you represent a credit risk in relation to the Service, including:
14.2.1 where the Services are being used in an excessive or unusual way or an unusually high volume orspend for the
relevant Service when compared with previous account activity for that Service. For example, there may be excessive or
unusual use if you have a call that remains connected for an unusually long period of time or where anunusually large
volume of calls to premium-rate or international services start being made from your Service.
14.2.2 your failure to respond to notices from us about unusual high volume or spend;
14.2.3 your failure to pay a current bill in circumstances where your payment history indicates a series of late payments,
dishonoured payments or failures to pay. If we do suspend, Bar or cancel your Service, you still have topay for any
charges incurred for any excessive or unusual usage(regardless of how caused) and the provisions relating to liability
and indemnity also remain unaffected. If you wish to Bar access to premium rate services from the Services we provide
you, please contact us
14.3 We will not be responsible for any equipment tampering or service fraud. Should you have any questions in relation
to steps which may be taken to reduce the potentialrisk of fraud in relation to a Service or telecommunications
equipment, please contact us and we will endeavour to provide such information or direct you to an appropriate source of
information.
15. PERIOD OF AGREEMENT
This Agreement starts when you sign the Application, complete a voice recording, submit an online application, or when
you first access our Services after receipt of theseterms and conditions and continues until terminated.
15.1 Commencement of Services: The provision of Services commences when your accounts are transferred from your
current Supplier to us and upon completion of installation of any necessary equipment and any other arrangements with
another Supplier for the provision of the Services have been completed.
If the Agreement is a non-fixed length agreement wewill provide the service to you in accordance withthe Agreement
until the Service is cancelled in accordance with Clauses 21 or 22 below.
15.2 (a) For fixed-length agreements, this contractwill continue (i) For the fixed term of the contract; or (ii) until it is
terminated in accordance with Clauses 21 or 22. (b)If the Agreement is a fixed-length agreement and neither you nor we
cancel the service at the end of the fixed term theagreement becomes a non-fixed length agreement andwe will
continue to supply the Service to you on a month tomonth basis in accordance with the Agreement. If you do not wish to
continue to use the Service on a month to month basis after the end of the fixed term of your Agreementyou must inform
us, in accordance with clause 22 below, by giving us 30 days notice in writing, before the end of the minimum term, that
you wish to cancel the service at the end of the fixed term. (c) Rivertel will not be able to automatically renew the
Agreement for the same duration as the initial Contract period for a fixed term contract without your written consent.
16. TRANSFER OF YOUR SERVICES TO US
16.1 If in providing the Services or the Package we need to change your arrangements with your current Supplier, then
we will do so in accordance with this clause.
16.2 Transferring to us:
16.2.1 You authorise us to sign on your behalf and in your name forms of authority to your current Supplier to transfer
your telecommunications services into our name.
16.2.2 You agree to give written instructions to your current Supplier to transfer your telecommunications services from
your name to ours if we so request.
16.2.3 You will immediately pay to your current Supplier all amounts owing to it up to the time of transfer of your
telecommunications services to our name.
16.3 If your previous Supplier credits us with any amount concerning services provided to you before the date of transfer,
we will credit that amount to your account.
16.4 If your previous Supplier raises with us a proper charge relating to a service it provided to you before the
commencement of Services we will advise you accordingly and you must pay your previous Supplier that amount.
17. TRANSFER OF YOUR SERVICES FROM US TO ANOTHER
SUPPLIER
17.1 If you (or a Supplier acting with your authority) ask us to transfer any of the Services to anotherSupplier, then you
remain liable to us for any amount payable in relation to the supply of the Services up to the date on which we transfer
those services to another Supplier. You will immediately pay us that amount on receipt of our invoice.
17.2 The provision of Services ceases on the date onwhich we transfer your Services to another Supplier.
17.3 We will endeavour to invoice you for Services which you transfer to another Supplier and in relation to which you
have incurred charges, within the next normal billing period. If after that we become aware of other proper charges
(including fees payable to any other Supplier) for those Services up to the date of transfer, or we resolve any dispute so
that any liability relating to those Services is quantified, then you will immediately pay us all such amounts on receipt of
our invoice.
17.4 We will not accept liability for any amounts owing by you to a Supplier or other person. You indemnify us against
any claim made by a Supplier or other person against us in relation to any such amounts.
17.5 We will credit you with any amount credited tous by another Supplier for those Services provided up to the date of
transfer
18. PERSONAL INFORMATION AND BUSINESS INFORMATION
18.1 This clause 18 applies where you are a naturalperson or a business. If you are a natural person,we may collect
Personal Information about you including but not limited to your electronic contact details such as email ("your Personal
Information"). If you are a business customer we may collect information about your business including but not limited to
your electronic contact details such as email (“business information”).
18.2 You acknowledge and agree that:
18.2.1 if you do not supply the information we request on our Application, we may not be able to provide the Services or
the Package to you;
18.2.2 we will use your Personal Information or business information:
a) to assess any Application by you for Services or the Package to be provided by us;
b) to collect payments that are overdue in respectof any Services or the Package provided by us;
c) to provide the Services or the Package to you (including the investigation or resolution of disputes relating to
any Services or the Package provided to you); and
d) we may use your Personal Information or businessinformation to send commercial electronic messages, as
defined under the Spam Act 2003 (Cth);
18.2.3 we will also disclose or transfer your Personal Information or business information:
a) to other Suppliers for the purpose of enabling us to provide the Services or the Package to you (including the
investigation and resolution of disputes or complaints concerning the provision of the Services);
b) to other Suppliers about your account, including particulars of calls and call charges;
c) to government agencies or individuals appointedby a government (including the Telecommunications
Industry Ombudsman and ACMA) responsible for the investigation and resolution of disputes or complaints concerning
your use of the Services or the Package for the purpose of enabling investigation and resolution of those disputes or
complaints;
18.3 You acknowledge that in certain circumstances,we may be permitted or required by applicable lawsto use or
disclose Personal Information or business information about you, including your name, address, service number and
other details. Such uses or disclosures may include,without limitation:
18.3.1 disclosures to the operator of the Integrated Public Number Database ("IPND");
18.3.2 disclosures to law enforcement agencies for purposes relating to the enforcement of criminal and other laws;
18.3.3 uses or disclosures to assist in the recovery of lost or stolen equipment;
18.3.4 uses or disclosures in accordance with orders made by a court or if required or authorised by law;
18.3.5 uses or disclosures to lessen or prevent serious threats to an individual's life, health or safety, or to public health
or safety; or
18.3.6 uses to assist in our internal investigations into suspected fraud or other unlawful activities.
18.4 Unless you ask us not to, you acknowledge thatany calls you make to our customer call centres, the content of
those calls, and any emails that you send us, may be monitored and/or recorded for quality assessment,administration
and/or customer information purposes.
18.5 Unless you ask us not to, we will use your Personal Information or business information to:
18.5.1 provide information to you about other goodsor services which we or any of our partners, associates (such as
telecommunication entities, providers of products or services which are related to the Services or the Package, media
entities, event organisers, equipment suppliers andthe suppliers of any other product or service withwhom we have
engaged in a joint initiative), dealers, franchisee(s), and agents may offer to you;
18.5.2 provide information to our partners and associates (such as telecommunication entities, providers of products or
services which are related to the Services or the Package, media entities, event organisers, equipment suppliers and the
suppliers of any other product or service with whomwe have engaged in a joint initiative), dealers, franchisee(s), and
agents so that they can provide information to you about goods and services they offer; and
18.5.3 send commercial electronic messages as defined under the Spam Act 2003 (Cth).
18.6 If you do not want us to use your Personal Information or business information in this way, you may ask us not to by
contacting our privacy officer and/or customer service team.
18.7 We will provide you with access to most Personal Information or business information that we have about you, but
sometimes that will not be possible, in which case we will tell you why. If you want to find out what information we have
about you contact our privacy officer and/or customer service team.
18.8 If you think that any Personal Information or business information we hold about you is not accurate, complete and
up-to-date, you may request us to correct that information. We will take reasonable steps to correct such Personal
Information or business information unless we disagree with you about whether the information is accurate, complete
and up-to-date.
18.9 Clause 19 contains further information on how we may also use your Personal Information and business information
to perform credit checks.
19. CONSENT TO CREDIT CHECK
19.1 If you are a company, please note that we willbe performing credit checks on you.
19.2 If you are a natural person you:
19.2.1 understand that the Privacy Act allows us to give a Credit Reporting Agency certain Personal Information about
you. The information we disclose to a Credit Reporting Agency includes permitted information which willallow you to be
identified, the fact that you have applied for credit and the amount, the fact that we are a current credit provider to you,
repayments that are overdue and for which debt collection action has started, information that in our opinion you have
committed a serious credit infringement (i.e. actedfraudulently or shown an intention not to comply with your credit
obligations);
19.2.2 agree to our obtaining from a Credit Reporting Agency a credit report containing information about your personal
credit worthiness for the purpose of assessing yourapplication and for the purpose of assisting in collecting overdue
payments; and
19.2.3 agree to our obtaining information about your commercial activities or commercial creditworthiness from any
business which provides information about the commercial credit worthiness of persons, your accountantor any other
supplier to you;
19.2.4 agree to our giving to and obtaining from any credit provider named in your Application or in a credit report on you
issued by a Credit Reporting Agency, information about your credit arrangements for the purposes of:
a) assessing your Application;
b) notifying a default by you;
c) allowing another credit provider to ascertain the status of your arrangements with us where you are in default
with one or more other credit providers; and
d) generally assessing your credit worthiness.
19.3 You understand the information exchanged can include any information about your personal and/or commercial
credit worthiness, credit standing, credit history or credit capacity which the Privacy Act allows credit providers to give to
or receive from each other.
20. SERVICE NUMBERS, CLI & IPND
20.1 You acknowledge that:
20.1.1 The Government owns service numbers such as telephone numbers and mobile numbers ("Service Numbers");
20.1.2 The Numbering Plan sets out rules for issuing, transferring and changing Service Numbers. You andwe must
comply with the Numbering Plan. Information about your rights of use of your Service Number may be obtained by calling
Rivertel;
20.1.3 You do not own or have any legal interest orgoodwill in any Service Number or PIN issued to you and:
20.1.4 you are entitled to continue to use any Service Number we issue to you except in circumstances where the
Number Plan allows us to recover the Service Number from you; and
20.1.5 you can transfer a Service Number or PIN to another person if you get our consent first.
20.2 Caller Line Identification ("CLI"):
20.2.1 If you do not Bar CLI in respect of calls made from your equipment then you agree that when a call is made or any
text message sent from your equipment your Service Number may be sent automatically to the equipment ofthe called
party.
20.2.2 You agree that if a party calling your equipment has not Barred CLI in respect of a call made from their equipment
then the Service Number of the calling party may be displayed on the screen of your equipment at the time the call is
made.
20.3 We, like other Suppliers, are required by law to provide your name, address, Service Number and other public
number customer details to a database known as the ÍPND. This applies to all customers, including unlisted customers.
However, unlisted service information is marked andcontrolled in the IPND so that it is only provided for an approved
purpose to those approved data users such as directory information organisations or for the assistanceof emergency
service organisations or law enforcement agencies. You must contact us if you wish to have your IPND data altered in
any way.
21. SERVICE SUSPENSION
21.1 We reserve the right to immediately and without notice (and without prejudice to our rights of termination under
Clause 17) suspend your access to the Services in our discretion if we:
21.1.1 reasonably consider that you have MateriallyBreached this Agreement;
21.1.2 reasonably consider that you may have Materially Breached our Acceptable Use Policy;
21.1.3 receive allegations (which we reasonably believe to be genuine) which indicate that you have Materially Breached
our Acceptable Use Policy; or
21.1.4 reasonably suspect that your use of the Services breaches any state or federal law.
21.2 If we suspend your access to the Services underClause 21.1, we may reactivate your access to the Services if we
subsequently become satisfied that you are not in breach of any provision of this Agreement.
21.3 Notwithstanding any suspension of your access to the Services under this Clause, you will remain liable for our out-of-pocket costs and any third party costs incurred by us as a result of the suspension of your access to the Services
under Clause 21.1 or in relation to our reconnection or resupply of the Services to you under Clause 21.2.
21.4 You are not entitled to a credit or refund forloss of access during any suspension period in accordance with Clause
21.1 or in the event that this Agreement is terminated in accordance with clause 21.5.
21.5 Without limiting the generality of any other Clause in this Agreement, we may terminate this Agreement immediately
by notice in writing if we have suspended your access to the Services under Clause 21.1 or Clause 21.6,and we have
not reactivated your access to the Services within seven (7) days of this suspension.
21.6 We may from time to time on 48 hours notice, or in the event of circumstances that we reasonably consider to be
serious or critical, without notice suspend your access to the Services during a technical failure (including any failure
caused by a Supplier ceasing to provide us with goods or services), or where modification or maintenance is being
carried out in relation to the Services. We will useall reasonable endeavours to end any such suspension of Services as
soon as practicable.
21.7 We may terminate this SFOA or suspend, limit orcancel the provision of any Service or Package, without prior
notice to you if:
21.7.1 we reasonably determine that such action is desirable or necessary for the purpose of network maintenance or
restoration of any part of our or our Supplier's network;
21.7.2 we are unable to enter your premises to inspect or maintain any Equipment, Voice Services Related Equipment,
Data & Internet Services Related Equipment connected with a Service or a Package provided to you;
21.7.3 you are in breach or a licence, permit or authorisation relating to the use of your telecommunications equipment,
the Equipment, the Package, or the Services;
21.7.4 you do not provide security as required by us;
21.7.5 we reasonably suspect you of fraud or attempted fraud;
21.7.6 you vacate the premises to which we had beensupplying Services or a Package to you;
21.7.7 you change your address, phone number or billing contact details without notifying us in accordance with clause
7.16;
21.7.8 we reasonably believe that your usage of theServices is unusually high (as referred to in clause 14.3);
21.7.9 we are unable to supply or continue to supply you with the Services or any and all components ofthe Package
due to the cancellation, suspension or termination of any agreement with our Suppliers, for whatever reason and we
provide you notice in writing;
21.7.10 we are unable to supply or continue to supply you with the Services or any and all components of the Package
due to geographical coverage, capacity or technicalcapability limitations;
21.7.11 we are permitted or required to do so by law;
21.8 We may refer any debt owing to us to an external collection agent or commence legal action to recover any unpaid
debt to us.
21.9 If we suspend, limit or cancel the Services for unpaid charges or any other reason, subsequent reconnection may
incur a reconnection fee (except if our action resulted from our or a supplier’s mistake or manifest error).
22. TERMINATION BY US
22.1 Without limiting the generality of any other Clause in this Agreement, we may terminate this Agreement immediately
by notice in writing if:
22.1.1 you are in Material Breach of this Agreement (including any Policy) and such breach is not remedied within seven
(7) days of us notifying you;
22.1.2 you have provided us with false or misleading information or you have not provided us with any information that
we have reasonably requested for the purposes of this Agreement;
22.1.3 your nominated payment method is refused or dishonoured, or you fail to pay the amount specified on any
overdue notice as required by clause 11.6;
22.1.4 if you are a natural person, we discover or reasonably believe that you are a minor;
22.1.5 we believe you are about to or may become orare in jeopardy of becoming subject to any form ofinsolvency
administration;
22.1.6 if you being a partnership, dissolve, threaten or resolve to dissolve or are in jeopardy of dissolving;
22.1.7 if you, being a natural person, die; or
22.1.8 you cease or threaten to cease conducting business in the normal manner,
in which case Clause 29.1 will apply.
22.2 We may terminate this Agreement (otherwise than under Clause 22.1) for any reason on thirty (30) days notice in
writing to you (unless the applicable Service Schedule specifies a longer notice period, in which case that longer notice
period must be provided), in which case Clauses 29.2 and 29.5 will apply.
22.3 We may terminate this SFOA or suspend, limit orcancel the provision of any Service or Package, without prior
notice to you if:
22.3.1 we reasonably determine that such action is desirable or necessary for the purpose of network maintenance or
restoration of any part of our or our Supplier's network;
22.3.2 we are unable to enter your premises to inspect or maintain any Equipment, Voice Services Related Equipment,
Data & Internet Services Related Equipment connected with a Service or a Package provided to you;
22.3.3 you are in breach or a licence, permit or authorisation relating to the use of your telecommunications equipment,
the Equipment, the Package, or the Services;
22.3.4 we reasonably suspect you of fraud or attempted fraud;
22.3.5 you vacate the premises to which we had beensupplying Services or a Package to you;
22.3.6 you change your address, phone number or billing contact details without notifying us in accordance with clause
7.16;
22.3.7 we are unable to supply or continue to supply you with the Services or any and all components ofthe Package
due to the cancellation, suspension or termination of any agreement with our Suppliers, for whatever reason and we
provide you notice in writing;
22.3.8 we are unable to supply or continue to supply you with the Services or any and all components ofthe Package
due to geographical coverage, capacity or technicalcapability limitations;
22.3.9 we are permitted or required to do so by law;
22.4 We may refer any debt owing to us to an external collection agent or commence legal action to recover any unpaid
debt to us.
22.5 In the event that your account is terminated and monies are owed to you by us, we will notify youof these amounts.
In the event you do not claim those monies within three months of being notified we will retain the money and you agree
that you will have no further claim in relation to those monies.
22.6 If we suspend, limit or cancel the Services for unpaid charges or any other reason, subsequent reconnection may
incur a reconnection fee (except if our action resulted from our or a supplier’s mistake or manifest error).
23. CANCELLATION BY YOU
You may elect to terminate a Service at any time in accordance with Clause 6.2 subject to the following:
23.1 you must provide seven (7) days notice to us of the Service to be cancelled or you may transfer your service using
the Churn process;
23.2 the cessation of the Services will be made as soon as practicable on or after your notified specific cessation date. In
most cases this will be within seven (7) days of that date;
23.3 you will be liable for all outstanding debts incurred prior to termination for the current billing period;
23.4 you must pay the Early Termination Charges within a reasonable period, being a period not in excess of twenty-eight (28) days after the termination of this Agreement, if the Service is cancelled before the end of the Term; and
23.5 Clause 29.3 and 29.5 will apply.
24. AFTER TERMINATION
24.1 If this Agreement is terminated otherwise than for our breach, in addition to any other obligations set out in this
Agreement that may apply (including without limitation clause 23.4), we may:
24.1.1 charge a reasonable sum for work performed and for which no sum has as yet been charged;
24.1.2 charge any and all amounts which any third party supplier has charged us in relation to the Service or the
termination of the Service, including without limitation any service disconnection charge imposed by Telstra Corporation
Limited. A reasonable administration fee may be alsoincluded in such charges passed on by Rivertel;
24.1.3 be regarded as discharged from any further obligations under this Agreement; and
24.1.4 pursue any additional or alternative remedies provided by law.
24.2 Upon the expiration or termination of this Agreement for any reason, the provisions of Clauses 4.4, 4.5, 5, 12, 13,
22, 23, 24, and 29 shall remain in force in accordance with their respective terms.
24.3 Once this Agreement has been terminated or cancelled for any reason, we may delete all of your data from any
storage media, including but not limited to email addresses, personal webspace, if any.
25. CONFIDENTIALITY
25.1 We retain all intellectual property rights in any information relating to the Services, any and all components of the
Package, the design or operation of the Services and any and all components of the Package and other technical
information relating to the provision of the Services and any and all components of the Package ("Confidential
Information").
25.2 You will keep the Confidential Information confidential, and will not allow any written or electronically recorded
material to be copied.
25.3 On the termination of the SFOA for any reason, you will return the Confidential Information and allcopies of it to us.
If you have destroyed these, or any of them, then you will give us a written declaration to that effect upon our demand.
25.4 You will keep confidential the manner in whichwe arrange Services, any and all components of the Package,
including our charges, savings, and other financialinformation.
25.5 You will not use information which you acquirefrom us for any purpose unauthorised in writing byus or in any
manner which may cause us loss, whether by way of damage to our reputation, financial loss or otherwise.
26. FORCE MAJEURE
No party is liable for any failure to perform or delay in its performance of its obligations under this Agreement if the failure
or delay is due to anything beyond that party’s reasonable control. If that failure or delay exceeds sixty (60) days the
other party may terminate this Agreement with immediate effect by giving notice to the party. This Clause does not apply
to any obligation to pay money.
26.1 We are not liable for:
26.1.1 any delay in installing any Service, any and all components of the Package, or any other equipment;
26.1.2 any delay in correcting any fault in any Service, any and all components of the Package, or any other equipment;
26.1.3 failure or incorrect operation of any Service, any and all components of the Package, or any other equipment;
26.1.4 Service outages; or
26.1.5 any other delay or default in complying withthe SFOA, if it is caused directly or indirectly byany event beyond our
reasonable and foreseeable control. Rivertel is notliable for failure to perform its obligations if such failure is as a result
of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign
enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or
usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor
dispute, strike, lockout or interruption or failureof telephone service. No party is entitled to terminate this Agreement in
such circumstances.
27. ASSIGNMENT
27.1 You must not assign, transfer or otherwise deal with any of your rights or obligations under thisSFOA, except with
our prior written consent (acting reasonably).
27.2 We may upon notice, assign, transfer, sell or otherwise deal with our rights under this SFOA and/orEquipment
and/or any component of the Package, and your consent is not required.
28. VARIATIONS TO THE SERVICES, THE AGREEMENT OR
OUR POLICIES
28.1 Subject to clauses 23.1 and 23.2 when requesting a change to your Services that are supplied on anongoing basis
(whether upgrading, downgrading, cancellation or otherwise), you must provide this request online (where available) or in
writing. The request will be processed and actionedon the earliest date that is reasonably possible, having regard to
when it will be technically and operationally feasible for us to action it. In most cases, changes to ongoing Services will
become effective within 3 to 5 working days, although we cannot guarantee this. Changes to Telephone Services will not
take effect until the beginning of the next calendar month.
28.2 We may at any time in our discretion change this Agreement. However we will not make a variation that could
reasonably be expected to adversely affect you without including a notice on, or with, your next invoice or statement, or
sending a separate notice to you at least 3 business days before it takes effect, which:
28.2.1 is clearly identified as being about a variation to this Agreement;
28.2.2 summarises the effect of the variation; and
28.2.3 invites you to contact us for further information about the variation and its effects by visiting the Website.
28.3 You may obtain a copy of our current Standard Form of Agreement as well as the current Summary Standard Form
of Agreement from our offices and/or our Website.
28.4 We may at any time in our discretion vary the available service plan(s) for and/or available feature(s) of the Service
(or make available new alternative service plan(s) for the Service or new feature(s) of the Service). We will endeavour to
notify you of such variations or additions in accordance with clause 6. For the avoidance of doubt we will have no other
obligation to notify you of such variations and additions other than if we endeavour to notify you in accordance with
clause 6. You acknowledge and agree that:
28.4.1 it is your sole responsibility to notify Rivertel in accordance with clause 28.1 if you wish tovary the service plan
and/or the features of the Services (including without limitation if you wish to change to a new service plan or receive
new features of the Service offered by us) in response to the notification given by us under this clause;
28.4.2 should you not notify Rivertel in accordancewith this clause of your wish to expressly vary the service plan and/or
the features of the Services:
(a) Rivertel is under no obligation to vary the service plan and/or features of the Services provided to you; and
(b) subject to clause 28.2, the service plan and/orthe features of the Services will remain unchanged.
29. REFUND POLICY
Our refund policy is as follows:
29.1 if we terminate this Agreement under Clause 22.1, you will not be entitled to a refund in respect of the Supplies;
29.2 if we terminate this Agreement under Clause 22.2, subject to clause 29.5 we will provide you with a refund in
respect of the Supplies for which you have paid in advance but which have not been supplied by us, calculated at the
applicable monthly rate;
29.3 if you validly terminate this Agreement as a result of our breach, your only remedy (see Clause 13which sets out
the limitations on our liability) will be:
29.3.1 in respect of Services or Other Services, subject to clause 29.5 a refund for the services for which you have paid
in advance but which have not been supplied by us, calculated at the applicable monthly rate; and/or
29.3.2 in respect of Goods, a refund of the amount you have paid for the Goods;
29.4 if you request a change in an applicable Service Schedule for the Services (for example, if you select a different
Service plan) such that the new Charges for the Services payable each Due Date ("New Charges") differ from the
previous Charges payable each Anniversary Date ("Previous Charges"), then:
29.4.1 if the New Charges exceed the Previous Charges, you must pay us at the time that the applicable Service
Schedule is changed ("Changeover Date") the New Charges payable for the period until thenext Anniversary Date (less
any unused Previous Charges you have pre-paid to us); or
29.4.2 if the New Charges are less than the PreviousCharges, we will retain a credit and will apply this amount towards
the New Charges on successive Anniversary Dates until this credit has been used up; and
29.4.3 you agree to pay the New Charges (which willbe deemed to be the Charges) from the Changeover Date in
accordance with this Agreement;
29.5 each Service is billed in full monthly blocks from the relevant Anniversary Date for that Service. If we terminate that
Service pursuant to clause 22.2, you terminate that Service pursuant to clause 23, or clause 29, we will refund you for
any unused portion of that Service that you have paid for in advance in full monthly blocks. However, if you have used
any part of any full monthly block for that Service we will not provide a refund in respect of that month.
30. TECHNICAL SUPPORT
Our Services include technical support services during commissioning of the Services. Once you have successfully
connected to the Internet through us and/or gained any additional Services you have purchased from us,we have
fulfilled our support obligations to you. Additionalsupport may be provided, although it may be at an additional cost to
you in the event that the reported problem is due to faults in your software or hardware. We cannot provide free support
for faults that are outside our system or that do not relate to the Services.
31. SEVERABILITY
The parties to this Agreement agree that if any provisions of this Agreement shall be determined to be void by any court
of competent jurisdiction such determination shall not affect any other provision of this Agreement andall other
provisions shall remain in full force and effect.
32. WAIVER
The failure of a party at any time to require performance of any obligation under this Agreement is nota waiver of that
party’s right:
32.1 to insist on the performance of, or claim damages for breach of, that obligation unless that party acknowledges its
waiver in writing; or
32.2 at any other time to require performance of that or any other obligation under this Agreement.
33. COMPLAINTS HANDLING
Rivertel is committed to resolving customer complaints quickly and in a satisfactory manner. If you have a complaint, we
request that you refer to our customer complaint handling procedures located on the Rivertel web site at
http://www.Rivertel.com.au/contact/complaints and contact Rivertel using the contact details located on the Website. If
your complaint is not resolved at the first point of contact, that is, within the department your complaint relates to, you
may have the complaint reviewed at a higher level by emailing This email address is being protected from spambots. You need JavaScript enabled to view it. or via the website
http://www.Rivertel.com.au/contact/feedback/. If you are not satisfied with Rivertel’s review and response to your
complaint you may either contact the Office of FairTrading in your state or territory, or as a last resort, the
Telecommunications Industry Ombudsman.
34. CUSTOMER SERVICE GUARANTEE
34.1 The Customer Service Guarantee under Part 5 of the Telecommunications (Consumer Protection and Service
Standards) Act 1999 prescribes mandatory performancestandards for certain telecommunications services.Rivertel will
comply with such standards to the extent that they apply to the Services offered, not withstanding clause 34.2
34.2 Certain services may be offered without a Customer Service Guarantee. Services for which the Customer Service
Guarantee does not apply will be indicated in theirservice schedule.
35. COMPLIANCE WITH LAWS
We must comply with the Telecommunications Act 1997and other laws and directives under state or federal laws
including without limitation those issued by state or federal law enforcement agencies that have jurisdiction over the use
of Internet services. We will cooperate with law enforcement agencies and other service providers to control and prevent
unacceptable behaviour and may implement automated mechanisms to prevent behaviour which is or may be in breach.
This may include removing any content or closing orsuspending your account. It may also include disclosing personal
information or any other information or data held by us about you in accordance with our Privacy Policy,and/or disclosing
any other information or data held by us in, or in relation to, your account provided that:
35.1 we have reason to suspect that unlawful activity has been, is being or may be engaged in, and we disclose this
information as a necessary part of our investigation of the matter or in reporting our concerns to relevant persons or
authorities; or
35.2 we are required or specifically permitted by or under law to provide this information to an authority or person that is
duly authorised to request it; or
35.3 a court order compels us to disclose this information to a specified recipient; or
35.4 we are otherwise required or specifically permitted by law to disclose this information.
36. CARRIERS & CARRIAGE SERVICE PROVIDERS
36.1 You represent that you are not a carrier or a carriage service provider (as those terms are defined in the Act). If you
are or become a carrier or carriage service provider, you must promptly notify us of that fact and we may immediately
terminate this SFOA by notice to you.
37. GENERAL
37.1 If you are a business customer then you agree that if we need your consent to undertake certain actions, then
provided we act in good faith, we may rely upon theauthority of any of your employees, who warrants to be authorised to
provide consent on your behalf.
37.2 You warrant that you have provided full and accurate Personal Information and business information to us in
connection with this SFOA and your Application and youhave full power and authority to enter this SFOA and
Application.
37.3 Governing law:
37.3.1 This SFOA and your Application are governed bythe laws of New South Wales.
37.3.2 with respect to any applicable cooling-off period legislation, the governing law will be the law of the state or
territory in which the contract was formed.
37.4 This SFOA contains the whole understanding between us and supersedes all prior arrangements and
understandings between us in connection with it.
37.5 From time to time we may offer special promotions to you on additional terms and conditions. If there is any
inconsistency between this SFOA and the terms of the special promotion, the latter will prevail to the extent of the
inconsistency.
37.6 You authorise us to complete any blank spaces or incomplete information in your Application and including but not
limited to the serial numbers and other identification details of the Equipment, any and all componentsof the Package
and any other equipment being provided to you.
37.7 We may engage an agent, dealer, contractor or franchisee to conduct any aspect of service or equipment provision
and maintenance under this SFOA. You acknowledge that we may enter into this SFOA as principal or as agent. Where
we enter into this SFOA as an agent, all references to our rights are to be read as references to us andour principal. Our
performance of this SFOA may, at our discretion, be carried out by a Related Body Corporate of Rivertel or any other
party arranged by Rivertel or a Related Body Corporate (and your obligations under this SFOA will be owedto Rivertel or
that Related Body Corporate or that other party, as relevant).
37.8 No reliance: You acknowledge that you enter into this Agreement entirely as a result of your own enquiries and that
you do not rely on any statement, representation orpromise by us or on our behalf not expressly set out in this
Agreement
37.9 Release: You accordingly release us and each of our officers, agents and advisers from all claims, suits and
demands of every kind (including negligence) arising from the relationship of the parties concerning this Agreement
before it was signed, and from the negotiations leading to it
37.10 Standard Form of Agreement: These terms and conditions have been formulated under section 479 of the
Telecommunications Act and filed with the AustralianCommunications Authority and will be referred to asthe Rivertel
Standard Form of Agreement.
PART A – TELEPHONE (VOICE) SERVICES
38. APPLICATION OF THIS PART
38.1 This Part A applies if you have requested in your Application that we supply you with Voice Services and sets out
the terms and conditions on which we will supply you with Voice Services.
38.2 To the extent relevant, the General Terms apply to the Voice Services as though specified in full in this Part A and
such terms or part of such terms will be relevant except to the extent they relate to any services or product other than
voice services.
38.3 Voice Services consist of telecommunications services specified in your Application, including LocalCalls, National
Calls, International Calls, Fixed to Mobile Calls, Data Calls, 13 Calls, 1300 Calls and 1800 Calls, ToIP, VoIP, and other
call types specified from time to time.
38.4 Voice Services do NOT include Voice Services provided via the NBN see Part D – NBN Network Services
39. SERVICE NUMBER PORTABILITY
39.1 Subject to Clause 20, provided that your ServiceNumber is capable of being transferred, you may transfer it from
your current Supplier to us if that Service Number isdeclared portable under the Numbering Plan and no exemption has
been granted by the ACMA.
39.2 Subject to Clause 20, by signing the Service Number Portability Customer Authorisation (“LNP Authorisation”)
which forms part of your Application, you acknowledge and agree:
39.3 to your current Supplier transferring to us your Service Number;
39.3.1 that we are only transferring your Service Number not your Voice Service. This means you may losevalue added
services and other features provided by your current Supplier. When you are connected to the Voice Services you will
use the Voice Services specified in your Application, which may be different to the service and features that you had with
your current Supplier;
39.3.2 that by transferring your Service Number, theservice and/or any features associated with that Service Number
may be disconnected by your current Supplier and result in finalisation of your account for those services;
39.3.3 that there may be costs and obligations associated with transferring your Service Number away from your current
Supplier. You may have an ongoing contract with yourcurrent Supplier which requires the payment of cancellation
and/or termination fees to your current Supplier if you transfer to us;
39.3.4 that your current Supplier may or may not disconnect your existing service and/or value added services;
39.3.5 if you are transferring between different voice service platforms, you may need to purchase certain software,
modems, new handset and/or Voice Equipment;
39.3.6 that you may need to purchase approved Voice Equipment to access the Voice Service;
39.3.7 that you can only withdraw your authority totransfer prior to the port cutover notification being received by us from
your current Supplier. Withdrawing your LNP Authorisation does not change your contractual obligations tous under your
Application and this SFOA;
39.3.8 that we do not warrant that we can transfer your Service Number from your current Supplier. Your current Supplier
may reject the request to transfer the Service Number, if the information you provide is incorrect or does not match the
data held by your current Supplier. In this case, we reserve the right and you authorise us to correctthe information and
resubmit the request to transfer the Service Number or dispute the rejection with your current Supplier;
39.3.9 that if your Service Number cannot be transferred to us then you may accept a new Service Number from us;
39.3.10 that your authorisation to transfer your Service Number to the Voice Services is valid for 90 days from the date of
the LNP Authorisation;
39.3.11 that in the event of a withdrawal or reversal to your current Supplier, we:
a) are not responsible for any period of outage of the service or features or your current service or any value added
service provided by your current Supplier;
b) do not warrant that your Service Number will be transferred to us within any specified timeframe; and
c) to the extent permitted by law, including statutory warranties that apply under the Trade Practices Act, are not liable to
you or any person claiming through you for any damage, loss, costs or expenses or other liability in contract, tort, or
otherwise direct or indirect, for or in relation tothe transfer of the Service Number(s), withdrawal or reversal, including a
negligent act or omission by us;
39.3.12 that if you wish to transfer your Service Number from us to another Supplier then you must contact that other
Supplier to implement the transfer; and
39.3.13 that we reserve the right to charge for transferring your Service Number to and from us.
40. PROVISION OF VOICE SERVICES
40.1 We will provide the Voice Services to you, as specified in your Application, when your accounts are transferred from
your current Supplier to us and upon (the later of) completion of installation of any necessary equipment and any other
arrangements with another Supplier for the provisionof the Voice Services have been completed or when your account
with us has been established.
40.2 If you fail to nominate the required Voice Services option in your Application, we will assume you wish to select us
as your full service telecommunications provider.
40.3 We will provide you with the relevant Voice Services, unless you dial another override code or, if required for
access, you dial our override code as notified to you from time to time.
40.4 We will provide the Voice Services using such ofour facilities and services or those of other Suppliers as we may
determine from time to time.
40.5 We will provide the required Voice Services subject to availability, geographical and technical capability. There may
also be times when availability is limited due to maintenance being performed. We are not obliged to provide you with
Voice Services where capacity, geography, or technical capability, affect the application or installation of the Service to
your premises. We do not warrant that the Voice Services will be free of interruption, delays, or fault.
40.6 To the extent we provide you with a standard telephone service (as defined in the Telecommunications (Consumer
Protection and Service Standards) Act 1999 (Cth) (“CSG”). This code is available at
http://www.acma.gov.au/WEB/STANDARD/pc=PC_1668. Certain specified enhanced call handling features, we may be
obliged to comply with the CSG, you acknowledge andagree:
40.6.1 The CSG sets performance standards for service connection times, fault repair times and keeping appointments
to provide you with these services. The CSG does notapply to customer equipment (including Equipment) or to
customers who have more than five telephone lines;
40.6.2 Where you have nominated in your Application to waive (where applicable to the Voice Services nominated in
your Application) in whole or part your CSG rights inrelation to certain Voice Services that we are not obliged to provide
you with the CSG.
40.6.3 Where applicable, if we fail to meet CSG performance standards you may be entitled to specified monetary
compensation. Our CSG policy is available on our website
40.7 You acknowledge that we reserve the right to Bar access to 1900 numbers, data calls, internet service providers
and any other calls as set out in clause 14.3 of the general terms or in a fair use policy or as we deem necessary from
time to time. If you wish to Bar access to premium rate services from your Voice Service, please contactus.
40.8 If you are on a Minimum Term Contract:
40.8.1 the fixed minimum term of your Minimum Term Contract specified in your Application commences on the date that
your service becomes active;
40.8.2 for the fixed term of your Minimum Term Contract you agree:
40.8.3 to maintain us as your carrier for, as a minimum, the voice services; and
40.8.4 to maintain the same level of business (or more) with us than as at the date that you sign yourApplication;
40.8.5 you agree to give us reasonable notice in advance of any significant changes in your telecommunications
requirements so that we can plan for these changes;and
40.8.6 you acknowledge that the pricing available to you under the SFOA is subject to you maintaining us as your carrier
for, as a minimum, the voice services.
41. VOICE SERVICES CHARGES
41.1 The charges applicable to the Voice Services are specified in the Rivertel Rate Sheets and your Application.
Information on our miscellaneous charges (includingthe miscellaneous charges for any changes to your Voice Services)
are available from us on request.
41.2 We may increase or reduce any of the charges applicable to the voice Services at any time by giving you at least 30
days notice. Unless you notify us in writing that you wish to terminate this SFOA within 30 days of thedate of a notice
specifying any such change in charges, then any such change in charges will apply on and from the datethat is 30 days
after the date of the relevant notice. If you electto terminate this SFOA in accordance with this clause then clause 52.2
will apply
42. DEFINITIONS
42.1 In this Part A, unless the context requires otherwise:
42.1.1 Fixed to Mobile Calls means calls made from a PSTN or ISDN telephone serviceto a cellular public mobile
telecommunications service provided in Australia.
42.1.2 International Calls means a call made from a PSTN or ISDN telephone service from Australia to another country;
from Australia (excluding Norfolk Island) to NorfolkIsland; from Norfolk Island to the rest of Australia; or from Australia's
bases in the Antarctic to Australia and other countries.
42.1.3 Local Calls means a call between a telephone service and a telephone service where: the A-Party and the B-Party are in the same Standard Charging Zone; the A-Party and the B-Party are in adjoining Standard Charging Zones;
or either the A-Party or the B-Party is located in a Charging Precinct and the other is in its designatedStandard Charging
Zone, as defined in the Act, the Numbering Plan, andthe Telstra PSTN SFOA.
42.1.4 Long Distance Preselection Option means that we will be your default provider for your International Calls,
National Calls and Fixed to Mobile Calls.
42.1.5 National Calls means a call made within Australia from a PSTN or ISDN telephone service to a PSTN or ISDN
telephone service, which is not a Local Call or a Fixed to Mobile Call.
42.1.6 ToIP means Telephony over internet protocol as specifiedin your Application.
42.1.7 VoIP means Voice over internet protocol as specified in your Application.
PART B – DATA & INTERNET SERVICES
43. APPLICATION OF THIS PART
43.1 This Part B applies if you have requested in your Application that we supply you with Data & Internet Services and
sets out the terms and conditions on which we will supply you with Data & Internet Services.
43.2 To the extent relevant, the General Terms apply to the Data & Internet Services as though specifiedin full in this
Part B and such terms or part of such terms will be relevant except to the extent they relate to services other than data &
Internet services.
38.4 Data & Internet do NOT include Data Services provided via the NBN see Part D – NBN Network Services
44. PROVISION OF DATA & INTERNET SERVICES
44.1 We will provide the Data & Internet Services to you, as specified in your Application, when your accounts are
transferred from your current Supplier to us and upon (the later of) completion of installation of any necessary equipment
and any other arrangements with another Supplier forthe provision of the Data & Internet Services have been completed
or when your account with us has been established.
44.2 We will provide the required Data & Internet Services and its coverage subject to availability, geographical and
technical capability, lack of capacity and faults in other telecommunications networks to which the Data & Internet
Service is connected. There may also be times when maintenance being performed on the Services limits availability.
We are not obliged to provide you with Data & Internet Services where capacity, geography or technical capability, affect
the application or installation of the Service to your premises. For certain Data & Internet Services, coverage may only be
available in selected metropolitan and regional areas
44.3 We do not warrant that the Data & Internet Services will be free of interruption, delays or faults.You acknowledge
and agree:
44.3.1 that our Data & Internet Service is not suitable for (and is not supplied for the purpose of) supporting any
application which needs continuous fault free service; and
44.3.2 that you are responsible for making your ownassessment of whether you need continuous fault free services and
obtaining and implementing advice about alternativetelecommunication services suitable for such purposes.
44.3.3 We are not obliged to provide Data & InternetServices to you if the physical infrastructure of your premises or site
does not pass service qualification by our Supplier or if it is found to be unsuitable as a result of afeasibility study.
44.4 You agree that we may not supply a 'standard telephone service' (for the purposes of the Act) under this Part B with
the internet access component and as such the Data & Internet Services are not subject to the CustomerService
guarantee standard administered by the ACMA.
45. PERIOD OF AGREEMENT
45.1 You must take the Data & Internet Services for the Minimum Term if specified in your Application, subject to your
rights
45.2 The Minimum Term commences when:
45.2.1 if you are arranging for self installation of the required equipment and:
45.2.2 you supply the required equipment yourself, on the date we activate your Data & Internet Services; or
45.2.3 if we supply you with the required equipment, on the date of delivery of the required equipment; or
45.2.4 if we are installing equipment for you and:
45.2.5 the equipment is being installed at a singleSite, the date that we install the equipment at theSite; or
45.2.7 the equipment is being installed at multipleSites, the date we install the equipment at the second Site.
45.3 Unless you notify us in writing prior to the expiration of the Minimum Term that you wish to cease receiving the Data
& Internet Services at the expiration of the Minimum Term, the Minimum Term of this SFOA will be automatically
extended from month to month ("Holding Over Period") at the same rate, including the same Minimum Monthly Spend,
and on the same terms and conditions.
46. DATA & INTERNET SERVICES CHARGES
46.1 The charges applicable to the Data & Internet Services are specified in the Rivertel Rate Sheets andthe applicable
Schedule attached to your Application.
46.2 The Minimum Monthly Spend is payable in advance. In addition, you will be charged in arrears for your usage of the
Data & Internet Services in accordance with the charges specified in your Application and the Rivertel Rate Sheets and
for miscellaneous charges (if relevant) as specified in the relevant Schedule attached to your Application. Your usage of
the Data & Internet Services will be calculated basedon the data uploaded and downloaded, unless your Application
states otherwise. Information on our miscellaneous charges are available from us on request.
46.3 The first and last month’s Minimum Monthly Spend will be pro-rated based on the number of days of service supply
in the relevant month.
46.4 We may increase or reduce any of the charges applicable to the Data & Internet Services at any timeby giving you
at least 30 days notice. Unless you notify us in writing that you wish to terminate this SFOA within 30 days of the date of
a notice specifying any such change in charges, then any such change in charges will apply on and fromthe date that is
30 days after the date of the relevant notice. If you elect to terminate this SFOA in accordance with this clause then
clause 52.2 will apply.
47. CHANGE OF ADDRESS / UPGRADES / DOWNGRADES
47.1 If you request your Data & Internet Services to be moved to a new address at any time, there may bea charge
payable in accordance with the relevant Schedule attached to your Application. If Data & Internet Services cannot be
provided at your new address, we may terminate thisSFOA by notice to you.
47.2 You may be able to change your Data & Internet Service if it is specified in the applicable Schedule attached to your
Application. Changes to your plan on the Data & Internet Service or value of the Minimum Monthly Spend, may require
you to commit to a new Minimum Term on all or part of your Service, from the date of change, equivalentto your current
Minimum Term and a fee may apply.
48. INDEMNITY
48.1 Without limiting the indemnity provisions in clause 12, you indemnify us from all liability (including third party) arising
from the following:
48.1.1 disruption in PSTN services and your standard telephony Services;
48.1.2 cancellation of any Data & Internet Service;
48.1.3 suspension of any Data & Internet Service, particularly IP addresses; and
48.1.4 cancellation of, or refusal to provide, all incompatible telephony services.
49. SOFTWARE
49.1 Except for Software provided as part of the Data& Internet Services Related Equipment, or Maintenance, we will
not provide you with any Other Software in order to access and use the Data & Internet Services, Rental Equipment, or
Purchase Equipment. You will be responsible for obtaining such Other Software necessary to access and use the Data &
Internet Services, Rental Equipment, or Purchase Equipment, but you must first get our prior written permission.
49.2 We will not provide support on any Other Software and in our absolute discretion we may charge youan additional
fee to install Other Software (if required).
50. PROVISION OF DATA & INTERNET SERVICES RELATED
EQUIPMENT
50.1 In order to access the Data & Internet Services,we or our Suppliers may provide you with Data & Internet Services
Related Equipment or you may use your own equipment,as nominated in your Application and approved by us.
50.2 If you purchase any Data & Internet Services Related Equipment from us or our Suppliers then risk inthe Data &
Internet Services Related Equipment passes to you on delivery to the address you nominate in your Application for the
purposes of delivery.
51. INSTALLATION OF DATA & INTERNET SERVICES RELATED
EQUIPMENT
51.1 We may either install your Data & Internet Services Related Equipment at the Site or you may installthe Data &
Internet Services Related Equipment yourself as specified in your Application.
51.2 You are responsible for all costs of delivery (as specified in the applicable Schedule attached to your Application)
and installation and for preparing the Site for installation. Our cost of installation may vary from the quotation price once
we have physically inspected the Site.
51.3 If requested by us, you will execute an acknowledgment of delivery in an acceptable form.
51.4 If we are installing your Data & Internet Service Related Equipment, you must provide us or our Suppliers with
reasonable access to your premises during Business Hours unless otherwise stated in your Application. Wereserve the
right to charge you in accordance with the applicable Schedule attached to your Application, if we or our Supplier are
unable to obtain access to your premises at the agreed appointment time.
51.5 You are responsible for all additional installation service charges where the work required on Site is greater than
two hours unless otherwise stated in your Application. The installation charge is payable on commencement of the
Service (pro rated where the network is delivered toyou in stages).
51.6 You acknowledge that installation of the Data & Internet Services may cause temporary disruption toyour standard
telephony services.
51.7 Changes to the configuration of the equipment not requiring a Site visit that are requested after the order is
recognised as received by us may be subject to a configuration charge as specified in the relevant Schedule attached to
your Application. Configuration changes requiring a Site visit will be subject to a standard or regional installation fee, as
specified in the relevant Schedule attached to yourApplication.
51.8 We will use reasonable endeavours to configurethe equipment such that it works with your networkbased on the
information supplied by you about your network. We will also endeavour to provide telephone support toassist you
where possible. However, as there are many possiblenetwork configurations, we cannot guarantee the Data & Internet
Services will work in conjunction with your network,modem, router and/or site conditions. Local network configuration
remains your responsibility.
51.9 Telephone line configuration changes are only available for our supported modems and routers.
51.10 Changes made by you to the supplied configuration are at your risk and will not be supported by us.
52. TERMINATION
52.1 We may terminate this SFOA or suspend, limit orcancel the provision of any Data & Internet Service:
52.1.1 by giving you prior written notice;
52.1.2 if you cease receiving a standard telephony service that we rely upon to provide your Service;
52.1.3 under clauses 21, 22 and 23 of the General Terms;
52.1.4 if Data & Internet Service cannot be provided at your new address;
52.1.5 if any of our or our Supplier's Data & Internet Services Related Equipment is lost, stolen or substantially
destroyed; or
52.1.6 if the physical infrastructure and site conditions for your service does not pass service qualification by our Supplier
or if it is found to be unsuitable as a result of afeasibility study.
52.2 If we terminate this SFOA under clause 52.1.1, you must pay to us within specified number of days of our demand,
an amount equal to the total of:
52.2.1 all outstanding charges payable to us under this SFOA up to the date of termination and any dutypayable; and
52.2.2 either any costs incurred by us in repossessing our or our Supplier's Data & Internet Services Related Equipment
and making repairs that we think necessary; or
52.2.3 if we are not able to repossess such Data & Internet Services Related Equipment, an amount equivalent to our
then current installation fees for that equipment as specified in the Rivertel Rate Sheets; any costs incurred by us in
attempting to repossess such Data & Internet ServicesRelated Equipment; and any interest payable.
52.3 If we terminate this SFOA you must pay to us byway of liquidated damages within specified number of days of our
demand, an amount equal to the total of:
52.3.1 all outstanding charges payable to us under this SFOA up to the date of termination and any dutypayable;
52.3.2 either the Minimum Monthly Spend that would have been payable during the period from the date oftermination to
the end of the Minimum Term or the early termination fee otherwise specified in your application and/or rate sheet;
52.3.3 any duty payable on the amounts payable; andeither any costs incurred by us in repossessing our or our
Supplier's Data & Internet Services Related Equipment and making repairs that we think necessary; or if weare not able
to repossess such Data & Internet Services Related Equipment, an amount equivalent to:
a) our then current installation fees for that equipment as specified in the Rivertel Rate Sheets;
b) any costs incurred by us in attempting to repossess such Data & Internet Services Related Equipment; and
c) any interest payable.
52.4 On the termination of this SFOA for any reason, you will, if we own the equipment, and, if we request and at our
option, either immediately:
52.4.1 return all of our or our Supplier's Data & Internet Services Related Equipment (at your cost); or
52.4.2 make such equipment available for our, or our Supplier's, collection.
53. DEFINITIONS
53.1 In this Part, unless the context requires otherwise:
53.1.2 Internet Services means that part of the Data & Internet Services whichis accessible via the public internet. This
includes internet access, email facilities, web-page facilities and any other related internet facility or services that we may
provide from time to time. This specifically does not refer to wide area networking services that are not accessible via the
public internet.
53.1.3 Minimum Monthly Spend means the total monthly recurring charge specified in the Rivertel Rate Sheets or your
Application for the Data & Internet Service.
53.2 In this Part, any references to 'standard' or 'regional' coverage, is to such coverage as determined by us from time
to time.
PART C – MOBILE SERVICES AND MOBILE EQUIPMENT
54. APPLICATION OF THIS PART
54.1 This Part C applies if you have requested in your Application that we supply you with Mobile Services, and if
nominated in your Application, Mobile Equipment. ThisPart C sets out the terms and conditions on which we will supply
you with Mobile Services and (if applicable) Mobile Equipment.
54.2 To the extent relevant, the General Terms apply to the Mobile Services and Mobile Equipment as though specified
in full in this Part C and such terms or part of such terms will be relevant except to the extent theyrelate to Data &
Internet Services, Voice Services, Rental Equipment, or Purchase Equipment.
54.3 The Minimum Term, the Minimum Monthly Spend, the Mobile Equipment, as varied in accordance with this Part C.
54.4 We will provide the Mobile Services to you, forthe Minimum Term specified in your Application, when your accounts
are transferred from your current Supplier to us in accordance with the MNP process and any other arrangements with
another Supplier for the provision of the Mobile Services have been completed or when your account withus has been
established.
54.5 We will provide the Mobile Services using such of our facilities and services or those of other Suppliers as we may
determine from time to time.
54.6 We will provide the required Mobile Services subject to availability, geographical and technical capability, physical
obstructions, atmospheric and weather conditions, other causes of radio interference, lack of capacityand faults in other
telecommunications networks to which the GSM Network, 3G network or GPRS Network is connected. There may also
be times when availability is limited due to maintenance being performed. We are not obliged to provide you with Mobile
Services where capacity, geography or technical capability, physical obstructions, atmospheric and weather conditions,
other causes of radio interference, lack of capacity and faults in other telecommunications networks to which the GSM
Network, 3G Network or GPRS Network is connected affect the Mobile Services or Mobile Equipment. If you require a
coverage map or further information you may telephone Customer Service.
54.7 We do not warrant that the Mobile Services or Mobile Equipment will be free of interruption, delays or faults. The
Mobile Service is only available (as the case may be):
54.7.1 within the limitations of the GSM Network (over which we have no control) and within that coverage area there
may be areas where coverage is limited or unavailable;
54.7.2 within the limitations of the 3G Network (over which we have no control) and within that coverage area there may
be areas where coverage is limited or unavailable.
54.7.3 within the limitations of the GPRS Network (over which we have no control) and within that coverage area there
may be areas where coverage is limited or unavailable.
54.8 You acknowledge and agree:
54.8.1 that the Mobile Service is not suitable for (and is not supplied for the purpose of) supporting any application which
needs continuous fault free service; and
54.8.2 that you are responsible for making your ownassessment of whether you need continuous and fault free services
and obtaining and implementing advice about alternative telecommunications services suitable for such purposes.
55. APPROVED EQUIPMENT
55.1 You may only access the Mobile Service and the Value Added Feature with equipment, SIM cards and other
devices approved by us. You may only use the MobileService and the Value Added Feature with a handset or other
device as being compatible with the Value Added Feature. However, you agree that:
55.1.1 we do not represent or guarantee the extent to which a handset, Mobile Equipment or other devicewe specify as
being compatible for use with a particular Value Added Feature will be able to be used with that Value Added Feature;
and
55.1.2 your ability to use a Value Added Feature and each of its features will depend upon the features and functionality
of your handset or Mobile Equipment.
56. MINIMUM TERM
56.1 If you are on a Minimum Term Contract the fixed minimum term specified in your Application commences on the
provision of the Mobile Services or when the SIM is activated.
56.2 The reference in this Part C to a Minimum Term Contract relates to one SIM only and (where applicable) one
handset and/or other Mobile Equipment. As nominated in your Application, you may acquire as a Package more than
one Minimum Term Contract by which you will enter into one or more separate contracts with us.
56.3 At the end of the Minimum Term we will continueproviding the Mobile Service to you until you notify us that you no
longer require the Mobile Service. After we receive your notice we will stop providing the Mobile Service from the date
received or future date that you advise us. If you wish to cancel the Mobile Service before the end ofthe Minimum Term
you must give us notice and pay all Charges under this SFOA. Subject to you having paid all Charges and complying
with all other obligations under the SFOA with you, this SFOA will terminate.
57. SIM
57.1 You will receive only one SIM card for one GSM or 3G Mobile Service.
57.2 We may charge you a SIM card replacement fee ora fee for a new sim card.
57.3 You must inform us immediately if the SIM card is lost, stolen or damaged by calling Customer Service. We will then
disconnect or Bar your connection (you will be responsible for all charges up to this time) until the SIM card is replaced or
repaired. We may charge you a SIM replacement fee unless we were at fault.
58. VALUE ADDED FEATURES AND MOBILE PREMIUM
SERVICE
58.1 The Mobile Service has the Value Added Features specified in your Application or at the time of provisioning. You
agree that we may at any time, and without your consent:
58.1.1 modify or replace one or all of the Value Added Features of the Mobile Service; or
58.1.2 provide additional Value Added Features to those specified in your Application or at the time of provisioning.
58.2 The Mobile Service has the Mobile Premium Service nominated in your Application. You agree and acknowledge
58.2.1 that the amount of charges for the Mobile Premium Service component of your Mobile Service, including requests
for Content from content providers and charges for Content purchased from content providers, will be included in your
invoice for the Mobile Service;
58.2.2 we will not charge you for our provision of credit in relation to the Mobile Premium Service Content charges;
58.2.3 we may prevent, suspend or terminate your access to the Mobile Premium Services in certain circumstances,
including in response to notices issued by ACMA underthe Mobile Premium Services Determination;
58.2.4 that you must direct any queries or complaints about the Content supplied by a content providerdirectly to that
content provider in the first instance. Alternatively, you may complain to Customer Service;
58.2.5 unless otherwise advised by us, access to age-restricted services by way of the Mobile Premium Service is not
permitted or available;
58.2.6 resupply or resale of Content obtained from content providers and by using the Mobile Premium Service is
prohibited;
58.2.7 unlawful use of Content obtained from content providers and by using the Mobile Premium Service is prohibited.
59. MOBILE SERVICES CHARGES
59.1 The charges applicable to the Mobile Services are specified in the Rivertel Rate Sheets and your Application. Our
miscellaneous charges for any changes to your Mobile Services are available from us on request.
59.2 Only calls captured and recognized by us within the bill period are included in Minimum Monthly Spend calculation.
Certain call types such as international calls may take up to 3 months to appear on your bill.
59.3 International call rates and international roaming rates are subject to variation. Please contactCustomer Service to
confirm any prices before calling or travelling overseas.
60. MOBILE NUMBER PORTABILITY
60.1 Subject to clause 20 provided that your Service Number is capable of being transferred, you may transfer it from
your current Supplier to us if that Service Number isdeclared portable under the Numbering Plan and no exemption has
been granted by the ACMA.
60.2 If in providing the Mobile Services to you, we need to change your arrangements with your current Supplier, then we
will do so in accordance with clause 20 and this clause 60. By signing the Mobile Number Portability Customer
Authorisation (“MNP Authorisation”) which forms part of your Application, you acknowledge and agree:
60.2.1 to your current Supplier transferring to us your Service Number;
60.2.2 that we are only transferring your Service Number not your mobile service. This means you may lose value added
services and/or Value Added Features provided by yourcurrent Supplier. When you are connected to the Mobile
Services you will use the Mobile Services and Value Added Features specified in your Application, which may be
different to the features that you had with your current Supplier;
60.2.3 that by transferring your Service Number, theMobile Service and/or any Value Added Features associated with
that Service Number may be disconnected by your current Supplier and result in finalisation of your account for those
services;
60.2.4 that there may be costs and obligations associated with transferring your Service Number away from your current
Supplier. You may have an ongoing contract with yourcurrent Supplier which requires the payment of cancellation
and/or termination fees to your current Supplier if you transfer your Service Number to us;
60.2.5 that your current Supplier may or may not disconnect your existing service and/or value added services;
60.2.6 if you are porting between GSM and 3G or any other mobile platform, you may need to purchase newhandset
and/or Mobile Equipment;
60.2.7 if you intend to use your existing handset and/or Mobile Equipment, you may need to get it unlocked or
reprogrammed prior to porting. You may also need toget new Mobile Equipment;
60.2.8 that you may need to purchase approved Mobile Equipment to access the Mobile Service;
60.2.9 that you have not cancelled your existing mobile service with your current Supplier;
60.2.10 that you can only withdraw your MNP Authorisation prior to the port cutover notification being received by us
from your current Supplier. Withdrawing MNP Authorisation does not change your contractual obligations tous under
your Application and this SFOA;
60.2.11 that we do not warrant that we can transferyour Service Number from your current Supplier. Yourcurrent
Supplier may reject the request to port, if the information you provide in the MNP Authorisation is incorrect or does not
match the data held by your current Supplier. In this case, we reserve the right and you authorise us to correct the
information and resubmit the request to port or dispute the rejection with your current Supplier;
60.2.12 that if your Service Number cannot be transferred then you may accept a new Service Number from us; that your
authorisation to transfer your Service Number to theMobile Services is valid for 30 days from the date of the Mobile
Number Portability Authorisation Form;
60.2.13 that in the event of a reversal, we:
60.2.14 are not responsible for any period of outage of Mobile Service or Value Added Features or your current service
or any value added service provided by your currentSupplier;
60.2.15 do not warrant that your Service Number willbe transferred to us within any specified timeframe; and
60.2.16 to the extent permitted by law, including statutory warranties that apply under the Trade Practices Act, are not
liable to you or any person claiming through you for any damage, loss, costs or expenses or other liability in contract,
tort, or otherwise direct or indirect, for or in relation to the transfer of your Service Number to us,port, withdrawal or
reversal, including a negligent act or omission by us;
60.2.17 that if you wish to transfer your Service Number from us to another Supplier then you must contact that other
Supplier to implement the transfer; and
60.2.18 that we reserve the right to charge for transferring your Service Number to and from us.
60.3 We will not accept any liability for any amounts owing by you to another Supplier for services which the other
Supplier provided to you prior to the commencement of the Mobile Services. You agree to indemnify us against any
claims made on us by your previous Supplier in relation to such amounts.
61. MOBILE EQUIPMENT AND MOBILE PLANS
61.1 For the avoidance of doubt, this clause only applies to Mobile Equipment.
61.2 To be eligible to receive Mobile Equipment you must:
61.2.1 apply for Mobile Services in your Application;
61.2.2 apply for Mobile Equipment in your Application;
61.2.3 agree to our Minimum Term and Minimum Monthly Spend requirements;
61.2.4 use the Mobile Services and Mobile Equipment for business or personal use only; and
61.2.5 meet our minimum credit requirements.
61.3 If you purchase outright any Mobile Equipment from us, risk in the equipment passes to you on delivery to the
address you nominate in your Application for the purposes of delivery. We will retain ownership in all Mobile Equipment
purchased from us until you have paid for them in full in accordance with Part D. If stated in your Application, you will
remain liable for any residual amount owing to us at the expiry of the Minimum Term and ownership of the Mobile
Equipment will not pass to you until this residual amount is paid in accordance with your Application.
61.4 You must not do anything to give rise to an adverse claim to our rights in or ownership of the Mobile Equipment.
You cannot sell or use the Mobile Equipment for a loan or deal with it in any way until you own the Mobile Equipment. If
you damage or lose any Mobile Equipment before you have paid for it in full, you will still be requiredto pay us for the full
price of the Mobile Equipment. You are responsible for arranging your own insurance for any Mobile Equipment.
61.5 You are responsible for maintaining and repairing any Mobile Equipment supplied by us or our Supplier and
complying with the manufacturer’s instructions relating to the Mobile Equipment and SIM (where applicable) and its use.
You indemnify us and our Supplier against any loss, damage, malfunction or failure resulting from misuse, neglect,
abuse, use for a purpose for which the Mobile Equipment was not designed or is not suited, in connection with the Mobile
Equipment.
61.6 Lost or stolen Mobile Equipment: If:
61.6.1 your Mobile Equipment is lost or stolen you must contact Customer Service to request that your SIMcard and/or
Mobile Equipment be blocked. This will prevent the Mobile Equipment being used on the GSM Network or 3GNetwork;
61.6.2 you obtain a handset that is lost or stolen,we or our Supplier may block your handset without your consent even if
you are not aware it is stolen; and
61.6.3 you obtain the Mobile Equipment and Mobile Service under false pretences, we or our Supplier may block the
handset without your consent.
62. CHANGING PLANS
62.1 We may allow you to change your original Minimum Monthly Spend or move to another plan during yourMinimum
Term if it is specified in your Application or if agreed by us in writing. We may require you to commit to a new Minimum
Term from the date of change, and a fee may apply.
63. ACCEPTABLE USE
63.1 You warrant that while using the Mobile Services, Value Added Features or the Mobile Equipment you oranyone
else will not engage in conduct which affects the GSM Network or 3G Network or another person’s networkincluding the
sending of commercial electronic messages as defined under the SPAM Act 2003 (Cth).
63.2 You warrant that you will at all times comply with the SMS Code of Conduct irrespective of whetherthe SMS Code
of Conduct has been registered by the ACMA under Part 6 of the Act.
63.3 While we will exercise due care and skill in providing the Mobile Service, you agree that your ability to use the
Mobile Service to access, use, download and upload Content; or send data in any form including voice, SMS and
Content will depend upon the features and functionality of your handset and the nature and quality of the Content being
accessed or sent.
63.4 While receiving Mobile Services, you agree to comply with our Fair Use Policy set out on the Rivertel website at our
website or available from us on request.
63.5 You acknowledge that the ability to access, view or otherwise receive Wireless Packet Data is dependent upon
external factors outside our control and the control of our Suppliers, including:
63.5.1 the media contained in MMS Messages;
63.5.2 WAP Data and Packet Data media limitations; and
63.5.3 Wireless Device type, software version and capabilities.
64. DEFINITIONS
64.1 In this Part C, unless the context requires otherwise:
64.1.1 3G means 3rd generation mobile network on the 900Mhz or 2100Mhz spectrum
64.1.2 Content means any data, information, image or downloadable file provided by us or a content provider and that
can be accessed using the Mobile Services.
64.1.3 Eligible Calls for Mobile Services are any call type specifically identified as being an Eligible Call under a Rivertel
Rate Sheet and may include SMS; MMS; voicemail (while in Australia); circuit fax and circuit data (while in Australia);
mobile calls while in Australia to Local Calls, National Calls, International (IDD) Calls and Australian mobile network
numbers, 13, 1300 and 1800 numbers. For clarity, they do not include mobile calls to 12 prefixes, 19 prefixes, satellite
services, global services, international roaming (including but not limited to access and use of your Mobile Service for
SMS, MMS, internet, WAP, circuit fax, data calls, voicemail and any calls while outside of Australia) orany other call type
not specifically identified as being an Eligible Call (including where so identified under a Rivertel Rate Sheet).
64.1.4 GSM means Global System for Mobiles as defined by ETSI andthe GSM Memorandum of Understanding and as
applied in Australia.
64.1.5 GSM Network means the GSM mobile telephone network in the 900 MHz and 1800 MHz spectrum range.
64.1.6 GPRS means general packet radio service and as specifiedin your Application.
64.1.7 GPRS Network means the general packet radio service.
64.1.8 Internet means the International network of data networks utilising the TCP/IP protocol suite of which the SMS
Network forms part.
64.1.9 International Calls means a call from a cellular public mobile telecommunications service from Australia to
another country.
64.1.10 Mobile to Local Calls means calls made from a cellular public mobile telecommunications service provided in
Australia to a PSTN or ISDN number which if made from aPSTN or ISDN number would be a Local Call.
64.1.11 MNP Code means the code entitled ACIF C570:2003 Mobile NumberPortability registered by the ACA under
section 117 of the Act, as at 1 February 2003 or as otherwise agreed in writing between the parties.
64.1.12 Mobile Equipment means any equipment purchased from us as specified in your Application that is not Data &
Internet Equipment, or Data & Internet Services Related Equipment, and may include handsets, accessories, and
equipment supplied by us but does not include the SIM.
64.1.13 Mobile Number Portability or MNP has the meaning given to it by the Industry Code: Mobile Number Portability
registered by the ACMA under Part 6 of the Act.
64.1.14 Mobile Services means the GSM digital public mobile telecommunications service or the CDMA cellular
telecommunications service and the Value Added Features which we provide you on the terms and conditionsof this
SFOA and as specified in your Application.
64.1.15 National Calls means a call made within Australia from a cellular public mobile telecommunications service
provided in Australia to a PSTN or ISDN telephone service that is not a Mobile to Local Call.
64.1.16 SMS Code of Conduct means the SMS Code of Conduct developed by the Australian Communications Industry
Forum and registered or published by the ACMA under Part 6 of the Act.
64.1.17 SIM means the subscriber identity module owned by us and we issue to you which enables you to access the
Mobile Service.
64.1.18 WAP means Wireless Application Protocol which is a protocol that enables internet services to be delivered to
small-screen mobile devices.
64.1.19 Wireless Packet Data means MMS Messages, VPN Services, Packet Data, WAP Data,WAP content, Internet
content and other application data uploaded or downloaded using the Mobile Service.
PART D – NBN NETWORK SERVICES
65. APPLICATION OF THIS PART
65.1 This Part D applies if you have requested in your Application that we supply you with Data Services and/ or
Telephone Services provided via the NBN Co Network and sets out the terms and conditions on which we will supply you
with NBN Network Services.
65.2 To the extent relevant, the General Terms apply to the NBN Network Services as though specified in full in this Part
D and such terms or part of such terms will be relevant except to the extent they relate to services other than data &
Internet services.
66. PROVISION OF NBN NETWORK SERVICES
66.1 We will provide the NBN Network Services to you,as specified in your Application, when your accounts are
transferred from your current Supplier to us and upon (the later of) completion of installation of any necessary equipment
and any other arrangements with another Supplier forthe provision of the Data & Internet Services have been completed
or when your account with us has been established.
66.2 We will provide the required Data & Internet Services and its coverage subject to availability, geographical and
technical capability, lack of capacity and faults in other telecommunications networks to which the NBNNetwork Services
is connected. There may also be times when maintenance being performed on the Services limits availability. We are not
obliged to provide you with NBN Network Services where capacity, geography or technical capability, affect the
application or installation of the Service to your premises. For certain NBN Network Services, coverage may only be
available in selected metropolitan and regional areas
66.3 We do not warrant that the NBN Network Services will be free of interruption, delays or faults. Youacknowledge
and agree:
66.3.1 that our NBN Network Services is not suitable for (and is not supplied for the purpose of) supporting any
application which needs continuous fault free service; and
66.3.2 that you are responsible for making your ownassessment of whether you need continuous fault free services and
obtaining and implementing advice about alternativetelecommunication services suitable for such purposes.
66.3.3 We are not obliged to provide NBN Network Services to you if the physical infrastructure of your premises or site
does not pass service qualification by our Supplier or if it is found to be unsuitable as a result of afeasibility study.
66.4 You agree that we may not supply a 'standard telephone service' (for the purposes of the Act) under this Part B with
the internet access component and as such the NBN Network Services are not subject to the Customer Service
guarantee standard administered by the ACMA.
67. PERIOD OF AGREEMENT
67.1 You must take the NBN Network Services for the Minimum Term if specified in your Application, subject to your
rights
67.2 The Minimum Term commences when:
67.2.1 if you are arranging for self installation of the required equipment and:
67.2.2 you supply the required equipment yourself, on the date we activate your NBN Network Services; or
67.2.3 if we supply you with the required equipment, on the date of delivery of the required equipment; or
67.2.4 if we are installing equipment for you and:
67.2.5 the equipment is being installed at a singleSite, the date that we install the equipment at theSite; or
67.2.7 the equipment is being installed at multipleSites, the date we install the equipment at the second Site.
67.3 Unless you notify us in writing prior to the expiration of the Minimum Term that you wish to cease receiving the NBN
Network Services at the expiration of the Minimum Term, the Minimum Term of this SFOA will be automatically extended
from month to month ("Holding Over Period") at the same rate, including the same Minimum Monthly Spend, and on the
same terms and conditions.
68. NBN NETWORK SERVICESCHARGES
68.1 The charges applicable to the NBN Network Services are specified in the Rivertel Rate Sheets and theapplicable
Schedule attached to your Application.
68.2 The Minimum Monthly Spend is payable in advance. In addition, you will be charged in arrears for your usage of the
NBN Network Services in accordance with the charges specified in your Application and the Rivertel Rate Sheets and for
miscellaneous charges (if relevant) as specified inthe relevant Schedule attached to your Application. Your usage of the
NBN Network Services will be calculated based on the data uploaded and downloaded, unless your Application states
otherwise. Information on our miscellaneous chargesare available from us on request.
68.3 The first and last month’s Minimum Monthly Spend will be pro-rated based on the number of days of service supply
in the relevant month.
68.4 We may increase or reduce any of the charges applicable to the NBN Network Services at any time by giving you at
least 30 days notice. Unless you notify us in writing that you wish to terminate this SFOA within 30 days of the date of a
notice specifying any such change in charges, then any such change in charges will apply on and from the date that is 30
days after the date of the relevant notice. If you elect to terminate this SFOA in accordance with this clause then clause
51.2 will apply.
68.5 If you have a fixed term contract or the minimum term of your contract has not yet expired, we will not change the
minimum monthly charge you pay until after the fixed term or the minimum term has expired unless NBN Costarts to
charge for existing pricing components (e.g. Connectivity Virtual Circuit rebates, applicable to a POI to which your
services are connected, become unavailable), increases the pricing of existing services or adds new pricing components
that affect your services, in which case we may increase the price to include the additional cost component applicable to
your services on 30 days prior notice to you.
69. CHANGE OF ADDRESS / UPGRADES / DOWNGRADES
69.1 If you request your NBN Network Services to be moved to a new address at any time, there may be a charge
payable in accordance with the relevant Schedule attached to your Application. If NBN Network Services cannot be
provided at your new address, we may terminate thisSFOA by notice to you.
69.2 You may be able to change your NBN Network Services if it is specified in the applicable Schedule attached to your
Application. Changes to your plan on the NBN Network Services or value of the Minimum Monthly Spend, may require
you to commit to a new Minimum Term on all or part of your Service, from the date of change, equivalentto your current
Minimum Term and a fee may apply.
69.3 Upgrades are available anytime during the termof the contract but are limited to one instance per billing month.
Downgrades are also available anytime during the term of the contract and limited to one instance per billing month and
cannot be for a monthly fee and quota less than theoriginal contracted plan.
70. INDEMNITY
70.1 Without limiting the indemnity provisions in clause 12, you indemnify us from all liability (including third party) arising
from the following:
70.1.1 disruption in PSTN services and your standard telephony Services;
70.1.2 cancellation of any Data & Internet Service;
70.1.3 suspension of any Data & Internet Service, particularly IP addresses; and
70.1.4 cancellation of, or refusal to provide, all incompatible telephony services.
71. SOFTWARE
71.1 Except for Software provided as part of the NBN Network Services Related Equipment, or Maintenance, wewill not
provide you with any Other Software in order to access and use the NBN Network Services, Rental Equipment,or
Purchase Equipment. You will be responsible for obtaining such Other Software necessary to access and use the NBN
Network Services, Rental Equipment, or Purchase Equipment, but you must first get our prior written permission.
71.2 We will not provide support on any Other Software and in our absolute discretion we may charge youan additional
fee to install Other Software (if required).
72. PROVISION OF NBN NETWORK SERVICES  RELATED
EQUIPMENT
72.1 In order to access the NBN Network Services, weor our Suppliers will provide you with NBN Network Services
Related Equipment.
72.2 If we are installing your NBN Network Services Related Equipment, you must provide us or our Suppliers, including
NBN Co., their respective agents, contractors and consultants with reasonable access to your premises during Business
Hours unless otherwise stated in your Application. We reserve the right to charge you in accordance with the applicable
Schedule attached to your Application, if we or our Supplier are unable to obtain access to your premises at the agreed
appointment time.
72.3 Access provided must be safe, as generally understood, and an authourised person 18 years of age or greater must
be present at all times
72.4 Safe and timely access to NBN Co equipment must be provided for delivery, installation, connection,inspection,
modification, replacement, maintenance, repair, service & disconnection of the services, from time to time as may be
required by us or our Suppliers.
72.5 You must ;
72.5.1 take reasonable care of any part of networks, systems, equipment or facilities of our Suppliers or NBN Co located
at premises owned, controlled or occupied by you;
72.5.2 not cause any damage or deterioration to, threaten the integrity, interfere with or degrade theoperation or
performance of the networks, systems, equipment or facilities of our Suppliers or NBN Co;
72.5.3 not interfere with, alter or deface any labelling, identification or trade mark affixed to any equipment of our
Suppliers or NBN Co; or
72.5.4 not create or allow to be created any security interest, encumbrance, lien, charge or mortgage over the networks,
systems, equipment or facilities of our Suppliers orNBN Co.
72.6 non-standard installation by NBN Co. or their representatives is chargeable and will be billed by us to you
72.7 Changes to the configuration of the equipment not requiring a Site visit that are requested after the order is
recognised as received by us may be subject to a configuration charge as specified in the relevant Schedule attached to
your Application. Configuration changes requiring a Site visit will be subject to a standard or regional installation fee, as
specified in the relevant Schedule attached to yourApplication.
72.8 We will use reasonable endeavours to configurethe equipment such that it works with your networkbased on the
information supplied by you about your network. We will also endeavour to provide telephone support toassist you
where possible. However, as there are many possiblenetwork configurations, we cannot guarantee the NBNNetwork
Services will work in conjunction with your network,modem, router and/or site conditions. Local network configuration
remains your responsibility.
72.9 Battery Backup units. You are responsible for replacing batteries in the battery backup unit as perspecification
provided by NBNCo. We will pass through all alarms it receives from NBN Co to you. You are aware of the need to
replace batteries. If the battery is not replaced when replacement is required then we take no responsibility for the loss of
service during power failure.
73. TERMINATION
73.1 We may terminate this SFOA or suspend, limit orcancel the provision of any NBN Network Services:
73.1.1 by giving you prior written notice;
73.1.2 if NBN Co. relocates a POI and NBN Network Services are no longer available;
73.1.3 under clause 22.1 of the General Terms;
73.1.4 if NBN Network Services cannot be provided at your new address;
73.1.5 if any of our or our Supplier's NBN Network Services Related Equipment is lost, stolen or substantially destroyed;
or
73.1.6 if the physical infrastructure and site conditions for your service does not pass service qualification by our Supplier
or if it is found to be unsuitable as a result of afeasibility study.
73.2 If we terminate this SFOA under clause 59.1.1, you must pay to us within specified number of days of our demand,
an amount equal to the total of:
73.2.1 all outstanding charges payable to us under this SFOA up to the date of termination and any dutypayable; and
73.2.2 either any costs incurred by us in repossessing our or our Supplier's NBN Network Services Related Equipment
and making repairs that we think necessary; or
73.2.3 if we are not able to repossess such NBN Network Services Related Equipment, an amount equivalent to our then
current installation fees for that equipment as specified in the Rivertel Rate Sheets; any costs incurred by us in
attempting to repossess such NBN Network Services Related Equipment; and any interest payable.
73.3 If we terminate this SFOA you must pay to us byway of liquidated damages within specified number of days of our
demand, an amount equal to the total of:
73.3.1 all outstanding charges payable to us under this SFOA up to the date of termination and any dutypayable;
73.3.2 either the Minimum Monthly Spend that would have been payable during the period from the date oftermination to
the end of the Minimum Term or the early termination fee otherwise specified in your application and/or rate sheet;
73.3.3 any duty payable on the amounts payable; andeither any costs incurred by us in repossessing our or our
Supplier's NBN Network Services Related Equipment and making repairs that we think necessary; or if we arenot able to
repossess such NBN Network Services Related Equipment,an amount equivalent to:
a) our then current installation fees for that equipment as specified in the Rivertel Rate Sheets;
b) any costs incurred by us in attempting to repossess such NBN Network Services Related Equipment; and
c) any interest payable.
73.4 On the termination of this SFOA for any reason, you will, if we own the equipment, and, if we request and at our
option, either immediately:
73.4.1 return all of our or our Supplier's NBN Network Services Related Equipment (at your cost); or
73.4.2 make such equipment available for our, or our Supplier's, collection.
74. INDEMNITY
You release and indemnify us, our servants, agents and Suppliers from all liability arising in connection with the Supplies
and/or any goods or services provided by our Suppliers (including all liability in connection with their provision or
cancellation, as applicable). You also release and indemnify any related bodies corporate or personnelof us, our
suppliers or NBN Co. This indemnity includes (but is not limited to) an indemnity against all actions,claims and demands
(including the cost of defending or settling any action, claim or demand) which may be instituted against us, as well as all
expenses, penalties, fines (including those imposedby any regulatory or governmental body or under any statute),
losses, damages and costs (on a solicitor and own client basis and whether incurred by or awarded against us) that we
may sustain or incur as a result, whether directly or indirectly of:
74.1 any breach of this Agreement by you including but not limited to a breach in respect of which we elect to terminate
this Agreement;
74.2 any use made by any person (including any minor) of the Services that are accessed through your access
information (including loss of data, delays, non-deliveries, mis-deliveries, service interruptions, whether or not as a result
of our negligence or our act or omission);
74.3 the negligence of you or your agent, employee or sub-contractor or of any other person for whose acts or omissions
you are held liable;
74.4 any loss of or damage to any property, or injury to or death of any person, caused by any negligent act or omission
or wilful misconduct of you or your officers and employees;
74.5 disruption to your telephone services during the installation of a Service (if applicable).
74.6 failure to supply goods, services or facilities.
75. CUSTOMER SUPPLIED EQUIPMENT
75.1. must only connect to the supplier network customer equipment that is;
75.1.1 compatible with the supplier network.;
75.1.2 and has all necessary regulatory approvals;
75.1.3 not prohibited by any regulator;
75.1.4 compliant with all applicable laws; and
75.1.5 maintained in good repair and working condition.
76. POINTS OF INTERCONNECTION
76.1 You acknowledge and agree that NBN Co may:
76.1.2 relocate or close a POI; and
76.1.3 decommission and replace a temporary POI at any time and for any reason. If NBN Co does so, then we may
elect at our sole option to terminate your servicesconnected to any such POI without liability to you on at least six
month’s prior notice, except where NBN Co relocates,closes or decommissions and replaces a POI in an emergency, in
which case we will give you as much notice as we are reasonably able to provide.
76.2 Where we do not elect to terminate your services connected to a POI in the circumstances in clause76.1, we will
provide you with:
76.2.1. at least six months’ prior notice of the relocation or closure of a POI, except in an emergency, when we will give
you notice before (if reasonably practicable to do so) or as soon as reasonably practicable after the commencement of
that relocation or closure;
76.2.2 at least six months’ prior notice of the decommissioning and replacement of a temporary POI; and
76.2.3 at least six months prior notice of the location of any new POI.
76.3 In addition to our rights of suspension under clause 30 of the core terms, we may suspend the services if NBN Co
relocates, closes, decommissions or replaces any POIpursuant to this clause. Suspension pursuant to this clause will
be a scheduled outage, not a fault, for the purposes of the service level agreement.
76.4 You are not entitled to dispute a decision by NBN Co to relocate, close, decommission or replace any POI pursuant
to this clause, and you acknowledge and agree that NBN Co may proceed with the upgrade of the suppliernetwork
regardless of any objection by you, or any end users to that relocation, closure or decommissioning and replacement.
76.5 Subject to any applicable service credits, yourobligations under this agreement, including payment of any charges,
will not be affected or waived by any relocation, closure or decommissioning and replacement of a POI.
77. NBN Co.
77.1 NBN Co is not providing any services to you;
77.2 NBN Network Services require mains power to operate in the ordinary course; and
77.3 NBN Co does not have a contractual relationshipwith you in regards to the supply of services.
78. VOICE SERVICES PROVIDED BY NBN NETWORK
SERVICES
78.1 We do not warrant that the NBN Network Services will be free of interruption, delays or faults. Youacknowledge
and agree:
78.1.1 that our NBN Network Services is not suitable for (and is not supplied for the purpose of) supporting any
application or service which needs continuous faultfree service; and
78.1.2 that you are responsible for making your ownassessment of whether you need continuous fault free services and
obtaining and implementing advice about alternativetelecommunication services suitable for such purposes.
78.1.3 We are not obliged to provide NBN Network Services to you if the physical infrastructure of your premises or site
does not pass service qualification by our Supplier or if it is found to be unsuitable as a result of afeasibility study.
78.1.4 You agree that the NBN Network Voice Service isnot a 'standard telephone service' (for the purposes of the Act)
under this Part D with the internet access componentand as such the NBN Network Voice Services are not subject to
the Customer Service guarantee standard administeredby the ACMA.
79. DEFINITIONS
79.1 In this Part, unless the context requires otherwise:
79.1.1 customer equipmentany equipment that you, or any end users use in connection with the supplier network or
the services
78.1.2 emergency an actual or potential state of danger requiring immediate action to avoid or
mitigate any loss, damage or personal injury
78.1.3 emergency upgradean upgrade to the supplier network in response to an emergency
78.1.4 major upgradean upgrade to the supplier network that will:
(a) require you to take particular action to continue to use a service after the implementation of the
upgrade;
(b) result in a service no longer being supplied byreason of the upgrade; or
(c) which is not an emergency upgrade
78.1.5 minor upgradean upgrade to the supplier network that is not a major upgrade or an emergency upgrade and
which we reasonably determine will not have, or is not likely to have, a material adverse impact on you
78.1.6 NBN Cois NBN Co Limited
78.1.7 POIa point of interconnection between the supplier network and your network
78.1.8 POI Connectis an NBN Connect MPLS service which provides customers who engage directly with NBN Co as
access providers with connectivity from the customer’s points of
presence to the POIs on NBN Co’s network
78.1.9 supplier equipmentany equipment that is owned, operated or controlled by us or NBN Co:
(a) that is provided to you for use as part of, or in connection with, a service; or
(b) which you or any end users are permitted to access as part of, or in connection with, a service supplier network any
network, system, equipment or facility used by us or NBN Co in connection with the supply of the services