Terms & Conditions
These are our standard terms and conditions of use of this site and our network.
TELECUBE PTY LTD, ACN 135 689 495 will supply you (the customer) with telecommunications services (“Services”) on the terms and conditions set out below. Words not defined in these terms and conditions have the same meaning as in the Telecommunications Act 1997.
1. OUR AGREEMENT WITH YOU
1.1 As a customer of Telecube these terms and conditions form the basis of our agreement with you.
1.2 Our agreement with you also includes your application or order form which you complete and provide to us.
1.3 Our agreement with you also includes our currently applicable price list. The price list may change from time to time, but we will notify you of any changes when they happen. Copies of the price list are available from us, upon request.
1.4 Our agreement with you also includes any services you add to your account using the self-serve process in the control panel supplied for you to manage and maintain your Telecube services.
2. SERVICE DESCRIPTION
2.1 Services will be supplied to you through the carriers or networks (“Carriers”) that we nominate in writing from time to time. You agree that we –
(a) may change Carriers without reference to you and at any time; and
(b) have your express authorisation to notify any relevant Carrier in respect of and to effect any such change.
2.2 We do not warrant that we will be able to supply Services and we are not liable for any failure to provide all or part of any of the Services, but, to the extent and to the standard that Carriers provide Services to us, those Services will be provided by us to you. When your connection is disrupted, we will do our best to reinstate our Services to you as soon as we can.
2.3 When using the Services, you agree to –
(a) comply with all statutes, regulations, by-laws or licence conditions of any government body; and
(b) not breach any person’s rights (including copyright and any other intellectual property right) or otherwise cause us or a Carrier loss, liability or expense,
and you indemnify us, and will keep us indemnified, against any loss, damage, cost or expense that we might suffer as a result of your breach of this clause 2.3.
2.4 Our obligations to provide the Services ceases when we transfer your account to another supplier and the other supplier takes over full billing of those services.
3. CHARGES AND PAYMENT
3.1.1 You agree during the term of this agreement:
(a) to be charged for the Services we provide to you, regardless of whether it is you who uses them, at our current prices from time to time;
(b) if a signup bonus is offered it is available only once per customer and is not for the same customer creating multiple accounts. Anyone found creating multiple accounts for the purpose of getting extra signup bonus will lose any bonus values on all accounts as well as the right to any future bonuses; and
(c) to pay accounts for all of those charges (including taxes) by the date specified in the account (“Due Date”).
3.1.2 If you dispute an amount in the account, you must notify us in writing within fourteen days of receiving it, setting out reasons for the dispute and the amount in dispute. Notwithstanding any dispute as to any amount of any charge, you must pay the whole amount of each account by the Due Date.
3.1.3 If you do not pay the account by the Due Date, then we may charge interest at the rate of 1.5% per month or part thereof on the outstanding amount of the invoice and suspend all or part of your Services pending payment of outstanding amounts on the account. Nothing in this clause affects our rights to terminate this agreement under clause 8.
3.1.4 If you do not pay the account by the Due Date, we also reserve the right (at our discretion) to adjust the prices you pay for the Services.
3.1.5 If you do not pay the account by the Due Date, we also reserve the right (at our discretion) to charge a late payment fee of up to $20 ex GST.
3.1.6 If you direct us, or authorise another carrier to transfer any of the Services to another supplier, you will pay in full -
(a) all of our accounts up until the time we stop providing the Services, before we will release the number in question; and
(b) all other proper charges that we become aware of after the date of transfer that relate to the Services we provided to you.
3.1.7 All prices listed on our website are in Australian dollars and include GST unless otherwise stated.
3.1.8 You will give written notification by email to cancel your account and stop charges accruing. Accrued unpaid charges may be sent to debt collection after we have made written request for you to make payment and you fail to comply. You indemnify us for all costs related to the collection of your unpaid debt.
3.1.9 The reactivation of a cancelled service will incur a $35 (ex GST) charge.
3.2.0 All rates and charges are subject to change. We will give 14 days notice in writing of any changes before they come into effect.
3.2.1 We reserve the right to revoke any discounted rate privileges at our discretion with 7 days notice in writing.
3.2.2 Activating a 13 number and then cancelling it within 12 months will incur the full annual numbering charge.
4. AMENDMENTS TO TERMS AND CONDITIONS
4.1 Without limiting clause 3.1, we may vary, alter, replace or revoke any of these terms and conditions effective upon the expiry of 14 days written notice from us. Your ongoing use of the Services after that date will constitute your acceptance of the variation, alteration, replacement or revocation.
5. CREDIT CHECK – (Not Applicable to Prepaid Accounts)
5.1 Prior to our accepting any application for credit, you must provide to us all information relevant to our assessment of your credit rating. You consent to the following:
(a) our obtaining from a credit reporting agency a credit report containing personal information about you;
(b) our giving to and seeking from any credit provider named in a credit report or in your application, information in relation to your credit rating including without limitation any information about your credit worthiness, credit history or credit capacity that credit providers are allowed to give or receive from other credit providers under the Privacy Act 1988;
(c) our making independent enquiries of third parties concerning your financial standing and for this purpose you have authorised and permitted such third parties to supply such information regardless of any confidentiality or privilege which applies to the information sought; and
(d) our providing any information we obtain about you to the relevant Carrier.
6. TRANSFER OF SERVICES
6.1 When you transfer any services (“Transferred Services”) from a Carrier, a telecommunications service provider or equipment supplier who supplies telecommunications services or equipment to you at the time of entering this agreement (“Current Supplier”) to us, you authorise us to sign on your behalf and in your name any forms required by the Current Supplier, and otherwise to give all necessary authorisations, in order to transfer the Transferred Services as we direct.
6.2 You agree to immediately pay to the Current Supplier any amounts owing for the Transferred Services up to the date of the transfer.
7. LIMIT ON LIABILITY
7.1 We do not exclude or limit the application of any provision of any statute (including the Australian Consumer Law, the Privacy Act 1988 or the Telecommunications Act 1997) where to do so would contravene that statute or cause any part of this clause 7 to be void.
7.2 Subject to clause 7.1, we exclude all statutory liability, tortious liability (including but not limited to liability in negligence), conditions and warranties implied by custom, the general law or statute, liability for all direct, economic, consequential or indirect losses, expenses, damages and costs incurred by you, arising out of or relating to the Services and any goods with which we supply you (“Goods”), any failure to supply or delay in supplying the Services or Goods or otherwise out of or relating to this agreement.
7.3 Subject to clause 7.1, we are not responsible or liable for any indirect consequential or economic damages, including, without limitation, loss of income or profit or loss of potential business opportunities.
7.4 Our liability to you for any breach of any implied provision of this agreement (other than an implied warranty of title) is limited, at our option, to refunding the price of the Goods or Services in respect of which the breach occurred, or to providing, replacing or repairing those goods or providing those Services again.
7.5 We are not liable to you for any delay in the connection or failure in the operation of the Services.
7.6 You acknowledge that we have given no warranty as to the speed at which the Services will be provided, and in particular that we give no warranty as to the upload and download speeds that may be attained.
7.7 You acknowledge that any liability of any Carrier to you in relation to the Services is governed by the terms and conditions on which that Carrier from time to time supplies that service to its own retail customers.
8. TERM OF AGREEMENT
8.1 This agreement will commence on the earliest of:
(a) the date of we sign it;
(b) the date we deliver Goods to you; or
(c) the date we begin supplying Services to you..
8.2 You may cancel this agreement at any time with written notice to us either by email or postal mail. Services terminated will still incur charges for the month in which the termination is requested.
8.3 We may terminate this agreement with immediate effect by giving you written notice at any time if, without our prior written consent, you: breach any term or condition of this agreement or any other agreement between us; a receiver or receiver and manager or administrator is appointed over any of your property or assets; a liquidator or provisional liquidator is appointed to you; you become bankrupt; you enter into any arrangements with your creditors; you assign or otherwise deal with your rights under this agreement or attempt to do so; you cease to carry on business; there is a material change in your direct or indirect ownership or control; if we find any of the warranties contained in clause 12 to be untrue; if we reasonably suspect fraud or other illegal activity by you or any other person in connection with the Services; or if we reasonably suspect that you or another user of the Services are infringing a third party's copyright or other intellectual property.
8.4 We may immediately terminate this agreement at any time by written notice if the Carriers cease to provide necessary services to us.
8.5 We may terminate this agreement at any time upon giving you 14 days notice in writing of our intention to do so.
8.6 If we terminate this agreement in accordance with this clause and a Carrier arranges to supply you services other than through us, you acknowledge that –
(a) the Carrier may not be able to make those arrangements immediately; and
(b) once the Carrier has made arrangements, the services acquired by you from the Carrier will be acquired on the Carrier’s then current tariffs and terms and conditions and the Carrier will bill you accordingly.
8.7 We may also terminate this agreement with immediate effect if you write or threaten to write negative statements on social media, public forums or any publicly accessible place which we deem to be actioned or threatened with the intention to cause damage to our brand or associated brands.
9.1 Without limiting clause 5.1, you agree to provide us with any information we reasonably request in connection with our providing the Services to you under this agreement.
9.2 You authorise and consent to the following:
(a) our conducting a physical audit of the Services and any equipment supplied in respect of the Services should we consider it necessary;
(b) our exchanging with Carriers all information about you and the Services provided to you in our possession or control including, but not limited to, your name, billing address, street address, relevant telephone numbers, any information obtained by us for the purpose of your application and this agreement;
(c) the Carrier exchanging with us any information in the Carrier’s possession or under its control in relation to the Services including, without limitation, all your records and, in particular, exchange line details, account information, call charge records and call event records; and
(d) ours and the Carrier’s use of the information referred to in paragraphs (b) and (c) of this clause.
10.1 You will keep confidential all information supplied by us or the Carriers and we will keep confidential all information supplied by you, except as provided by clauses 5 and 9.
11.1 Your rights under this agreement are personal. You must not assign or attempt to assign any right or obligation under this agreement without our written consent. We may assign all or any of our rights and obligations under this agreement at any time.
12.1 Any persons signing this agreement on your behalf warrant that they have full power and authority to bind you in respect of this agreement.
12.2 You warrant to us that all information provided in your application and order form, and all credit information provided by you, is true and correct.
13. OUR EQUIPMENT
13.1 Risk in any equipment provided by us or any third party to you for purchase or hire (“Equipment”) passes to you upon delivery. You will accept any Equipment on the basis of these Terms and Conditions and any additional terms and conditions notified at the time of delivery.
13.2 Title to any Equipment provided for purchase does not pass to you until all amounts owing to us under this agreement and the cost of such Equipment have been paid in full. Until title passes to you, the Equipment will be held by you as bailee for us.
13.3 If Equipment is installed at premises occupied by you, you must not interfere with the Equipment or its installation.
13.4 You irrevocably grant to us, our agents and servants, leave and licence without the necessity of giving any notice to enter at any time on and into premises occupied by you using reasonable force if necessary to inspect, search for and re-take possession of any Equipment in respect to which payment is overdue. You indemnify us and hold us harmless against any loss or damage suffered by any person or company arising from such possession.
13.5 On the termination of this agreement for any reason, you will immediately return all Equipment owned by us or make it available for our collection.
14. OTHER EQUIPMENT
14.1 Where you have PABX or other network equipment, you must ensure that it is programmed as we specify.
14.2 Where you have equipment on premises you occupy which is used by another supplier to provide you with services, we will disconnect that equipment when you transfer the services to us and we connect our Equipment (if any). You must immediately notify that supplier that you have transferred your services to us and arrange for them to remove their equipment from the premises.
14.3 If you use the option to route incoming voice traffic over SIP to your own server, we warrant that the traffic is owned by you and will be routed to the IP address(es) that you define in the secure online control panel.
15. REFUNDS POLICY
15.1 Any Equipment that is defective or inoperable will be replaced with an item of the same type and model, if no similar item is available then the purchase price will be refunded.
15.2 Subject to clauses 3.2.2 and 8.2, if you cancel your services we will refund any prepaid account balance; however if you port your services away from us no refunds will be issued. The account credit will always remain active though and can be used for our other services.
16. SHIPPING POLICY
16.1 All hardware purchases will be dispatched within 3 business days assuming we have stock available. If we don’t have stock available you will be informed of an expected time of dispatch and given the opportunity to cancel your order and be refunded should the wait time be unacceptable to you.
17.1 Any notice, demand, consent or other communication required to be given to either party must be delivered personally or sent by prepaid mail or by facsimile or by email to the address of the other as last notified.
17.2 Clauses 2.3, 3.1.5, 5, 7, 10, 12, 13.4, 13.5 and 14 shall survive the expiration or termination of this agreement.
17.3 We will not be liable to you under any circumstances for any breach of our agreement with you which is caused by events outside our reasonable control.
17.4 Neither delay by any party in enforcing a right under this agreement, nor any indulgence or time given to the other party, shall constitute a waiver of that right.
17.5 This agreement shall be governed by and construed in accordance with the law of Victoria and the parties hereby submit to the non-exclusive jurisdiction of the courts of that State.
17.6 This agreement contains yours and our entire understanding to the exclusion of any and all prior or collateral agreement or understanding relating to the Services, whether oral or written.
17.7 If any part of this agreement is found to be invalid or of no force or effect, this agreement shall be construed as though such part had not been inserted and the remainder of this agreement shall retain its full force and effect.
17.8 Any calls made under an untimed rate will be subject to Fair Use. Calls deemed to be not in 'Fair Use' may be charged the full retail timed rate of the call type.