IMPORTANT CUSTOMER INFORMATION: YOUR RIGHTS
AND OBLIGATIONS
1. Outline of SFOA
In this summary of Easemail.net’s standard form
of agreement. A reference to ‘Easemail.net’, ‘we’ or ‘our’ is
a reference to Easemail.net Pty Ltd ACN
087 716 381, and a reference to SFOA means standard form
of agreement.
Our SFOA is the contract that applies when we supply you
with:
- Data transmission services (e.g. internet
access, access to our email and web hosting);
- Ancillary or additional services (e.g.
managed firewall services, and domain name registration);
- Goods (e.g. modem’s,
routers, and firewalls).
Full details of our data transmission and
ancillary or additional service are available on request
or on our website www.easemail.net.
Australian law states that the SFOA applies whether or not
you read it or sign it. There may be cases where we agree
to different terms for the supply of goods or services, but
our SFOA still applies, subject to those different terms
and conditions.
This SFOA summary is designed to
highlight the key points of the SFOA, and doesn’t
change its legal effect. We are entitled to make changes
to our SFOA and may do so from time to time, when we do
those changes will be available at www.easemail.net/legal/sfoa.php.
Many of the SFOA terms apply to
all goods and services we provide such as interest on late
payment, while others apply to particular kinds of services
such as our acceptable use policies (‘AUP’)
for internet access. We recommend that you familiarise
yourself with our AUP, available a www.easemail.net/legal/aup.php.
We do not offer priority services to particular regular
customers.
2. Commitments
We have a variety of plans available to our customers. These
plans include:
- Casual plans -
these don’t require
you to enter into a contract with a minimum term, but
you are still required to give 30 days notice of termination
e.g. once set up, you only pay for what you use;
- Minimum term plans
- these can only be terminated after the minimum contract
term has elapsed. Once the minimum contract term has
elapsed, if you haven’t
terminated the plan then it operates on a casual basis,
which can be terminated on 30 days notice, otherwise you
can ask us to renew your contract;
- Fixed term repeating
plans – These
plans have a set contract term, which automatically repeats
for the same term upon expiry e.g. once the 12 month contract
expires it automatically repeats for another 12 months
unless you give 30 days notice of cancellation before the
term automatically repeats.
Our minimum contract terms are contained in our price list.
The SFOA requires you to pay early termination charges where
you cancel a contract during a minimum contract term or during
a fixed contract period. Termination charges are calculated
by multiplying the monthly periodic/recurring charge by the
number of months left of the minimum term. Where you purchased
goods under a contract, then you must pay the unpaid balance
of goods.
Some of our plans involve non-refundable payment for usage
entitlements that are lost if not used within a certain time.
The SFOA may require some charges to be payable in advance
e.g. as setup, while other charges are imposed only after
a service has been used e.g. excess data usage.
3. Pricing and charging
The prices for our goods and services are contained in our
price list or advertised on our website.
Each plan is different and prices vary, but they usually
have a set up fee, a monthly access fee, usage based charges,
speed increase fees, time based charges, and minimum period
of commitment. The category and service terms along with
our price list outline the circumstances that must exist
before a charge becomes payable, as well as the types of
charges that apply to the supply of our goods or services.
We may change our price list from time to time, and any
change we make applies immediately unless we say otherwise.
You should familiarise yourself with the plan and our price
list.
We impose charges for the connection and reconnection of
goods and services we provide in accordance with our price
list.
The law requires us to charge the
Goods and Services Tax (‘GST’) on all supplies
we make to you.
4. Billing
We usually bill you at the end of every billing month, which
is the day of the month on which your customer contract
started. Some plans have a different manner of billing
e.g. web hosting may be billed annually in advance.
There are some charges which we bill you before we provide
the service, these include set up charges, hardware charges
for goods such as modems and handsets, and fees payable to
third parties.
We may back bill up to 180 days after charges have been
incurred.
Our SFOA allows us to send you a bill in a number of different
ways, but we usually use email or post.
5. Discounts, credits or rebates
If we offer a discounted rate it will be built into the rate
in our price list, advertised on our website or offered
us in writing.
We only provide credits or rebates if we uphold your dispute
to an invoice, or you are entitled to one under a service
level agreement. This credit or rebate is worked out with
reference to what the correct invoice amount should have
been, and what the actual invoice amount was. In the case
of a rebate under a service level agreement, the rebate is
calculated in accordance with it.
6. Peak and off peak times
Our peak times for data services are between 8:00am and 6:00pm
on Monday to Friday, and our off peak times are all times
outside of the peak times. Our peak times for voice services
are between 7:00am and 7:00pm on Monday to Friday.
7. Payments
You may pay us by credit card, direct debit, or cash, but
some plans provide for a specific method of payment e.g.
credit card.
We may in our discretion ask you to pay a security bond/deposit
for any of the goods or services we provide.
If you have a genuine dispute with our invoice, you must
still pay the disputed amount, but you must notify us of
the dispute within 14 days from the date of the invoice.
If you are late in paying your invoice, we can charge a
late fee or charge you interest for every day payment is
over due.
If you make a payment that is dishonoured then we can charge
you an administrative fee and any dishonour fee the bank
may charge us.
8. Termination and suspension of customer contracts
We can suspend a customer contract in a number of circumstances.
If we suspend your customer contract you are still responsible
for charges which accrue even though you are not using
a particular service.
We can terminate your customer contract in a number of circumstances,
(a) where your minimum contract term has expired by giving
you at least 30 days notice, (b) where you become insolvent,
(c) you are subject to an application for winding up, (d)
you are subject to any form of external administration or
management, (e) you fail to pay us money within 14 days of
it being due, (f) breach a customer contract and fail to
remedy the breach within seven days after receiving a notice
requiring that it be remedied, (g) you die, (h) you have
provided false or misleading information to us.
Where you have more than one customer contract with us,
we can terminate all of them.
Our SFOA allows you to terminate a customer contract, with
30 days notice once the minimum term or fixed contract term
has elapsed. You may also terminate a customer contract if
all of the following occur (a) we increase charges that apply
to it; and (b) the increase is more than just passing on
increases we incur to a third party (e.g. the rate of GST
increases, or our wholesale charges are more); and (c) the
increase in charges would have increased your actual payments
to us if it had applied from a date 6 months earlier (e.g.
if we apply a data upload charge to uploads over 10GB, but
that would not have affected you if it had applied during
the previous 6 months); and (d) you give us written notice
of cancellation within 30 days after we inform you of the
increase in charges.
After a customer contract is terminated,
all prepaid entitlements are used up, and we don’t
have to receive, forward or keep your email or any of your
data on our servers.
9. Varying the SFOA
We may vary our SFOA at anytime. Where we vary our SFOA we
will change the copy on our website, and the change take
effect 7 days later.
Where we make a change that is detrimental to you, then
we are required to:
- provide you notice of the changes (or
publishing it where you are likely to be aware of its
contents, at least 3 working days before the variation
take effect; and
- if you are not a
casual customer and we have not already done so – sending
it to you on or with one of your bills, or delivering
it to you in person, or posting it to you, or emailing
it to you (if you have consented to receive notices by
email) within 16 weeks after the variation takes effect.
Our notice will summarise the variation and inform you
on how to contact us for further information.
- You can obtain an up to
date copy of our SFOA (including the complete terms of
our SFOA) from our website www.easemail.net/legal/sfoa.php or
by writing to us at Level 1, 1 Southbank Blvd, Southbank
3006.
10. Warranties
If we supply goods to you, you will receive the benefit of
any manufacturer’s warranty that applies to them.
You may also be entitled to further warranties under the Trade
Practices Act 1974 (Cth) and / or under state law.
11. Indemnities and limitation of liability
You must indemnify us and our wholesalers against any loss
or damage that arises from your use of our services. You
release us from any liability for loss or damage that you
may suffer, but that does not affect rights that you may
have under the Trade Practices Act 1974 (Cth).
The SFOA cannot exclude those rights, but it does limit
them as far as allowed by that Act.
12. Complaints and faults
If you have a complaint we encourage you to contact us immediately.
At the first instance, both complaints and faults should
be reported to our help desk staff. They will take action
to have faults corrected. If they have not resolved a complaint
within 7 days, you should ask that it be referred to a
supervisor, who will address it or pass it on to our most
appropriate staff member. If we ask for written details
of your complaint, you must give them, and we will normally
report the progress of the matter to you by email.
You are entitled to make a complaint to the Telecommunications
Industry Ombudsman, who will deal with it at no charge if
you have been unable to resolve it with us. Your State or
Territory Consumer Affairs or Fair Trading Office may also
be able to assist you.
13. Service standards
We will use reasonable endeavours to supply services to a
fair and reasonable standard, but we do not guarantee fault
free, continuous or optimal service.
14. Customer service guarantee
For some standard telephone services, you may have rights
under the Customer Service Guarantee (‘CSG’)
made under the Telecommunications (Consumer Protection
and Service Standards) Act 1999. You can obtain details
of exactly which services are covered by the CSG at www.aca.gov.au under Consumer
Information link.
The CSG sets out service standards and time frames that
apply to certain connections, repairs and keeping appointments,
and compensation that is payable if they are not met.
15. Your personal information
We do not normally obtain a credit report about our customers,
but we reserve the right to do so. When allowed by law,
we also reserve the right to give credit information about
you to a credit reporting agency.
As the Privacy Act 1988 (Cth) applies to us, we
collect, use and deal with your personal information in accordance
with the Act and our privacy policy located at www.easemail.net/legal/privacy.php.
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