We, In-Tech Telecommunications P/L ("In-Tech") A.C.N.
083347380, will provide you, the Customer, with the Services
in accordance with these terms and conditions. A reference
to In-Tech shall be a reference to the successors and assigns
and In-Tech shall be at liberty to assign.
1
SERVICES
1.1 Provisions of services:
We will provide you with etone long distance services (including
calls to mobile phones) ("Services") using our
own facilities or those of other as we determine from time
to time. In-Tech is authorised to complete any necessary
forms on behalf of you, with any carriers, in order to supply
the etone services.
2
PAYMENT
2.1 Billing: Except for
prepaid users, we will usually bill you monthly in arrears
for the services in accordance with our current charges
as notified to you ("Charges"), or as notified
to you from time to time.
2.2 Time for Payment:
Except for prepaid service, payment must be made 14 days
from the date of bill, and we may debit amounts directly
from your nominated credit card or financial institution
account they become owing where you have chosen that method
of payment. Customer choose pre-paid must pay before service
is rendered. In any event where amounts remain outstanding
after the date of bill we may debit those amounts from you
nominated credit card or financial institution account,
without further notice unless we have received written notice
that you dispute those amounts.
2.3 Security Bond: We
may require you to lodge a security bond as a condition
of us providing Services to you. You authorise us to deduct
from that bond any charges remaining to us after 14 days
after date of bill .
2.4 Interest: We may
charge interest on any part of the Charges you do not pay
to us by the due date from that date until payment at a
rate equal to the ANZ Bank Overdraft References Rate most
recently published before that date.
2.5 You must pay any
GST in relation to the Services we supply to you. We may
invoice you for the GST when we invoice you for the charges
or we are required to remit the GST.
3
VARIATION
3.1 Variations to Services
and Charges: We may:
(a) Without reference
to you change the Carrier, the Carrier's product, or reduce
your obligations under the agreement (including Charges):
and
(b) Vary the services,
increase the Charges or otherwise vary these terms. Where
an increase in charge is to occur In-Tech shall endeavour
to provide the Customer with ten (10) days written notice
in relation to the increase.
4
TRANSFER
4.1 Transfer to us: By
signing the attached Agreement Authority
(a) You authorise your
current supplier of telecommunications services ("Current
Supplier") to transfer your national and international
long distance (including calls to mobile phones) account
to us
(b) You acknowledge
you remain responsible for all amounts owing to your Current
Supplier for all services they supply to you (such as
local calls) and we take no responsibility for those amounts.
5
CREDIT CONSENTS
5.1 You hereby agree
that:
(a) We may disclose
personal information in our possession relating to you
to a Credit Reporting Agency, and you consent to such
disclosure;
(b) A credit report
which contains personal information about you may be given
to us by any Credit Reporting Agency for the purpose of
either assisting your application to us for personal or
commercial credit, or collecting payments that are overdue
in respect of personal or commercial credit provided to
you by us
6
TERMINATION
6.1 Termination on 30
Days Notice: Either of us may terminate our agreement by
giving 30 days written notice to the other. 6.2 Immediate
Termination for breach: We may terminate our agreement immediately
by notice to you if you have breached our agreement (including
failure to pay invoices by the due date)
7
LIABILITY AND WARANTIES
7.1 Performance: Because
the performance of some Services may be affected by the
levels of use of other users and facilities related to providing
the Service, we do not warrant that Services will be free
of blockages, delays or faults and we will not be responsible
for any loss or damage to you which may result.
7.2 Warranties: Except
as required by law all terms, conditions, warranties, undertakings,
inducements and representations, relating to the provision
by us of the Services are excluded, and we will not be under
any other liability in respect of any loss or damage (including
consequential loss or damage) however caused (whether by
negligence or otherwise) which may be suffered or incurred
or which may arise directly or indirectly in respect of
the Services.
7.3 Limitation of liability:
Our liability for any breach of any term, condition or warranty
or under any remedy implied by law (which cannot be excluded),
will be limited at our option in any one or more of the
ways permitted in that legislation including, where so permitted:
(a) If the breach relates
to goods:
(i) The replacement
of the goods or the supply of equivalent goods.
(ii) The repair of such goods
(iii) The payment of the cost of replacing the goods or
acquiring goods; or
(iv) The payment of the cost of having the goods repaired;
and
(b) If that breach relates
to services:
(i) Supply of those
services again; or
(ii) The payment of the cost of having those services
supplied again,
7.4
NO liability: We have no liability to you or to any other
person for:
(a) Faults or defects
if Services which are caused to any material extent by your
own conduct or misuse; nor
(b) Faults or defects
that arise in telecommunication services not provided under
our agreement (even if they are connected with our consent
to Services which we have arranged under our agreement)
which are due to incompatibility with the Services; nor
(c) Any delay or default
in performance under this agreement if it is caused by any
event reasonably beyond our control, including but not limited
to war, accident, act of God, industrial action, embargo,
delay or failure or default by any other Carrier.
8
GENERAL
8.1 Governing law: Our
agreement is governed by the laws of Victoria.
8.2 Entire agreement:
This document and its attachments contain the whole understanding
between us to the exclusion of any prior collateral agreement
or understanding.

In-Tech Telecommunications
Pty Ltd ( A.C.N. 083 347 380)
E mail info@in-tech.com.au
Tel: 1300 788 013
Fax: (03) 9639 9626 |