1. Services a.We will supply the “SERVICE” to the extent and to the standard provided by the “CARRIERS” to us. We are thereby not liable for any failure to supply you with all or any part of the “SERVICE”. In case of termination of the agreement between us and CARRIER, we agree to arrange supply of service to you, we may not be able to make those arrangements immediately and if any are made they will be on the New Carrier's current retail terms and conditions.
2. Amendments to Terms and Conditions a.We may vary, change, alter, replace or revoke any of these terms and conditions without prior notice to you.
3. Charges and Payment Terms a.Customer will pay all charges (including calls made using the 1488 access code) for the use of services billed to customer’saccount on month to month basis, regardless of who used the service.
b.We may pay to a retailer/dealers stated in your application (or any other person) a commission.
c.All charges relating to service are due and payable on the due date mentioned clearly on customer’s bill. The Customer shall pay late payment charges on overdue charges of $10.00 at the time. We may suspend all or part of your services pending payment of all outstanding amounts including interest and to adjust the price you pay for the Services
d.You will be liable for all reasonable collection costs (including legal fees if necessary) to collect the amount outstanding owed to us.
e.Please note that in case of 12 months contract you get a price guarantee for a longer period i.e 12 months. f. With 3 months contract you will receive same benefits and features - the only difference is in the duration time of price guarantee i.e 3 months.
i)Terminating your contract after the minimum period:You can always terminate your contract after the end of contract period ( 3 months or 12 months) and switch to MAX services as normal. Also, you can renew your contract depending on your choice.
ii)Terminating your contract during the minimum period: You can terminate your contract during the contract period anytime .If this is the case you have to pay cancellation fees as follows
Cancellation fee for 12 months contract is $250 per service on a pro-rate basis.
Cancellation fee for 3 months contract is $60 per service on a pro-rate basis.
5. Liability a.We exclude all statutory and tortuous liability to you and any conditions or warranties implied by law or statute, and liability for all direct, economic, consequential or indirect losses, expenses, damages and costs incurred by you arising out of or relating to the Services or any failure to supply or delay in supplying the Services, except where to do so would contravene a statute or cause any part of this clause to be void.
b.Our liability to you for breach of any condition or warranty is limited at our option to re-supplying the Services or refunding the price of the Services, and you acknowledge that the 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.
6. Credit Check a.We trust that you have provided us with all information that may be relevant to our assessment of your credit rating. You agree that we may evaluate your credit worthiness at any point in time and can obtain a credit report from a CREDIT REPORTING AGENCY, which contains your personal as well as credit history information.
b.You agree that MAX Telecom Pty Ltd may exchange information with those credit providers named in a consumer report issued by a credit reporting agency for the following purposes; to assess an application by me/us for credit; to notify other credit providers of a default by me/us; to assess your credit worthiness. You understand that the information exchanged can include anything about your credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988. MAX Telecom Pty Ltd may give information about you to a credit-reporting agency, this information is limited to:
c.The fact that MAX Telecom Pty Ltd is a current credit provider to you.
d.Loan repayments which are overdue by more than 50 days, and for which debt collection action has started.
7. Commencements, Suspension , Cancellation and Termination a.This agreement commences when you agree to the verbal agreement.
b.You Permit MAX Telecom to automatically renew or extend a contract which has a fixed contract period for a further fixed contract period without obtaining your express consent at a reasonable time prior to the expiry of the fixed contract period. You may terminate this contract by giving us more than 30 days prior notice.
c.You cannot assign your rights under this agreement without our consent, but we can assign our right without your consent.
d.You can cancel your service at any time by telling us beforehand. We can ask you to put your request in writing. However, if you cancel before the end of any fixed term for your service, we can charge you the applicable early termination fee. The amount of the early termination fee was disclosed to you when you applied for your service or else can be found in our Terms & Conditions.
e.If you cancel a service before we have provided it to you, we can charge you any reasonable costs we incurred as a result of preparing to provide it to you.
Breach by us
7.1 You can cancel your service at any time if:
a.we are in breach of Our Terms & Conditions (for example, because we fail to use reasonable care and skill in providing the service to you); and
b.you have told us in writing of our material breach and we have failed to remedy it within 14 days of you telling us; or
c.the breach is something which cannot be remedied (in which case you can terminate the service immediately by telling us). We will not charge you any early termination fee if you cancel your service because of our material breach.
7.2 You can also cancel your service by telling us with as much warning as you reasonably can if:
a.we become bankrupt or insolvent or appear likely to do so;
b.the law requires you to do so; or
c.provision of the service becomes illegal.
We will not charge you any early termination fee if you cancel your service in these circumstances.
Breach by you
7.3 We can cancel your service at any time if:
a.you are in breach of Our Terms & Conditions; and
b. we have told you in writing of your breach and you have failed to remedy it within 14 days of us telling you; or
c.the breach is something which cannot be remedied (in which case we can cancel the service immediately by telling you).
7.4 You will be in breach of Our Terms & Conditions if you: a.breach your obligation to pay our charges for your service;
b.use your service in a way which we reasonably believe is fraudulent, poses an unacceptable risk to our security or network capability or is illegal or likely to be found illegal.
7.5 We can charge you the applicable early termination fee if you are a fixed length contract customer and we cancel your service before the end of the fixed term because of your breach.
7.6 We can suspend or restrict the provision of your service during the period before we cancel your service because you are in breach of Our Terms & Conditions. If you ask us to reconnect your service following your suspension for failing to pay an account, you may have to pay us a reconnection fee.
Casual customers 7.7 If you are a casual contract customer, we can cancel your service at any time, if we:
a.get your consent; or
b.tell you a reasonable period (but at least 30 days) beforehand.
Our other rights to cancel, suspend or restrict your service 7.8 We can cancel, suspend or restrict your service by telling you with as much warning as we reasonably can if:
a.the law requires us to do so;
b.providing the service becomes illegal or we believe on reasonable grounds that it may become illegal;
c.you die;
d.there is an emergency that affects our ability to provide the service;
e.we are not able to provide the service to you due to an event outside our reasonable control (such as a failure in equipment that is not owned or operated by Max Telecom, an industrial strike or an act of God); or
f.we reasonably believe that providing the service may cause death, personal injury or damage to property.
MAX Telecom will not charge you any applicable early termination fee if we cancel your service for one of these reasons.
7.9 We can also cancel, suspend or restrict your service by telling you with as much warning as we reasonably can if: a.we cannot enter your premises to do something in connection with the service that we need to do in order to supply the service or make the service or related equipment safe;
b.you become bankrupt or insolvent or appear likely to do so;
c.you vacate the premises to which the service is connected;
d.there is excessive or unusual use of the service; or
e.we reasonably consider that you pose an unacceptably high credit risk to us.
f.If we are providing your service to you mainly for your personal use and we reasonably believe that you are using the service mainly for business purposes, we can tell you of this and ask you to move to a suitable business service. If you do not agree to move to a business service, we can cancel your service by telling you 15 days beforehand and charge you any applicable early termination fee.
8. Governing LAW
This agreement shall be governed by and construed in accordance with the law of Victoria and the parties hereby submit to the jurisdiction of the courts of that State.
9. Information
You agree to provide us with all information that we may request from you in connection with supplying the Services to you and consent to us exchanging information about you with any Carrier. You agree to keep confidential all information supplied by us and except as required by law or this agreement we will keep confidential all information supplied by you.
10. Meaning of Expressions
Words not defined in these terms and conditions have the same meaning as in the Telecommunications Act 1997
Loyalty Discounts
