Business Service T&C's

Sedcom Communications contracts to supply communications services and/or
equipment to you by way of a standard form of agreement, the terms and
conditions of which will apply to all Business Customers who are end users of
the services.
i)All rates and fees are in Australian dollars
ii)All rates and charges are ex GST unless specified differently
iii)Prices quoted do not include any on-site costs unless specified
iv)Call charges shall apply for any answered call whether the called party is an
answering machine, disconnected service, wrong number, service switch-off
announcement or actual conversation. The call charge begins when the call is
answered and ends when the call is terminated
v) All equipment quoted is ex Canberra at Sedcom Communications office.
Customer is responsible for paying freights from Canberra to site unless agreed
separately.
vi) Sedcom Communications will conduct a rate review every twelve months
and will advise the Customer any variation of the call rate within fourteen (28)
working days' notice before the rate change takes effect. Any rate change will
only affect customers who are not currently in contract. The continuation of the
use of the Service constitutes an acceptance of the revised call rates. 

Service Provision
i)We agree to supply you and you agree to acquire the services and/or
equipment based on the General Terms and Conditions of the Order
Confirmation and on the specific terms and conditions set out in this
Agreement;
ii)This Agreement for supply of Business Services will become effective on the
day the Order Confirmation Form is signed and will continue for the minimum
term and then on a monthly basis;
iii)Upon signing this Agreement, the Customer gives Sedcom Communications
the authority to
order the equipment, if any, and services and agrees to pay any costs
associated with the equipment and services;
iv) The Customer shall nominate a contact person at each installation location,
inform them of the impending installation and have them instruct the installer
of the exact location for installation of the services at those sites;
v)You acknowledge that we may provide the Service using a combination of
Sedcom Communications facilities and access tails or facilities supplied by
another supplier(s) used to complete supply of the service to you;
vi) The installation target for the provision of new Sedcom Communications
voice and broadband Internet data services is 2-3 working weeks. We will use
reasonable endeavors to meet your delivery date for supply of the service to
you but we do not represent or warrant that we will deliver the service by that
date.
vii)You acknowledge and agree that before commencing supply of the service
we may, as reasonably determined by us, need to modify or install equipment
and make arrangements with other suppliers for the provision of the service;
viii) Sedcom Communications reserves the right to vary the method of
provisioning the services and the equipment used to provide the service.
However any such variation will not impair the provision of the services to the
Customer
ix)You must comply with any reasonable instructions given by us and provide all
information and assistance reasonably required by us in a timely manner, in
order to enable us to comply with any request or direction of a government
agency, emergency services organisation or other competent authority for
reasons of health, safety or the quality of the service;
x) Sedcom Communications does not guarantee to provide customers with
static IP addresses which may change for reasons outside of Sedcom
Communications control.
xi) Sedcom Communications reserves the right to provide its services to any
customer at its absolute discretion. If we decide not to supply Sedcom
Communications's products and services to a customer, we shall refund any
monies paid for the services that have not been used. The customer shall not
be entitled to any form of compensation whatsoever in respect of such
cessation, whether for loss of revenue or otherwise. 
 
Service Activation
i) Sedcom Communications's services will only be activated upon agreeing to
this Agreement and signing an Order Confirmation. The credit application
process may need to be completed for post paid customers before service
activation.
ii) Upon signing the Order Confirmation, customers are required to pay in full
the equipment costs and any initial one-off charges before service activation.
iii) Customers shall pay for the installation and recurring fees for the broadband
link service once the installation is completed regardless of whether the
broadband links are carrying live traffic
iii) Customers shall pay for the recurring fees for the VoIP services once the
PABX is activated and the handsets have been delivered, regardless of whether
the handsets are connected or registered to the PABX 
 
Public IP Address
If a customer requires more than one public IP address, it is a requirement of
APNIC that customer is to provide to Sedcom Communications a basic network
diagram and a brief description how the additional IP address (es) are intended
to be used. This information will be kept on file in case APNIC performs an
audit. 
 
Use of Service
i)You or your customer must not use or permit any use of the service: 1. to
transmit any defamatory, abusive, menacing, threatening, harassing or illegal
material or any unsolicited material of an offensive, obscene or indecent nature
or otherwise contrary to law or any applicable code of conduct; 2. in any
manner which constitutes a violation or infringement of any duty or obligation
on contract or tort or otherwise, to any third party; 3. or in, or in relation to, the
commission of an offence against any applicable law.
ii) The Customer is responsible for all usage charges in respect of the use of the
services whether or not such usage was authorized. It is the Customer's
responsibility to maintain the security of the means of access to the Services
and ensure unauthorized use does not occur.
iii) Sedcom Communications does not accept any responsibility for call charges
as a result of customer's privately maintained PBX phone system being
compromised. The customer is solely responsible for the security of the phone
system and hardware to prevent PBX hacking or Toll Fraud.
iv) Other than as specifically provided in this Agreement and Order
Confirmation, Sedcom Communications Pty Ltd shall not be obliged to maintain
or upgrade hardware or software to the customer
v) Sedcom Communications will pass all third party suppliers' hardware,
software and service warranties to the Customer 
 
Fair Use Policy for Unlimited Plans
Any of Sedcom Communications's Service Plans that offer unlimited minutes of
calls ("Unlimited Plans") are for reasonable business use of the Customer only.
Such use shall not include certain activities including, but not limited to, any of
the following ("Reasonable Business Use"):
i)Autodialing, continuous or extensive call forwarding, use of virtual extensions
for regular business use, continuous connectivity, fax broadcast, fax blasting,
telemarketing (including without limitation charitable or political solicitation or
polling), call centre operations, junk faxing, fax spamming, calling/faxing any
person (through the use of distribution lists or otherwise) who has not given
specific permission to be included in such a process or any other activity that
would be inconsistent with reasonable business usage.
ii)Any other use resulting in improper usage patterns, including but not limited
to dialling patterns wherein the Customer's inbound or outbound minutes
exceeds 80% of the aggregate usage and/or average minutes per seat are in
excess of 90% of all Sedcom Communications customers.
iii) If Sedcom Communications determines, in its sole discretion, that the
Customer is not using the Unlimited Plans for Reasonable Business Use, Sedcom
Communications reserves the right to immediately: charge the Customer for
the current per-minute rate for any usage determined to be outside of
Reasonable Business Use and (b) to terminate or modify the terms of the
Product for that Customer. 
 
Service Level
i) Sedcom Communications will use reasonable endeavours to maintain service
levels and will undertake to provide the service using all the reasonable skill and
care of a competent carriage service provider; Performance targets:
1.Sedcom Communications guarantees 99.9% network availability 2.Sedcom
Communications targets 85% of your support calls within 120 seconds
3. Sedcom Communications guarantees 99.9% availability of customer
equipment that is under a Sedcom Communications maintenance agreement.
Availability means a measurement of the percentage of the voice service that is
operative.
iii) When network availability is compromised in excess of one hour during a
calendar month, the customer may receive a Service Rebate for the downtime.
iv) Where you report faults with the service, we will promptly perform, or
arrange to be performed, appropriate tests to determine the location and cause
of any fault. You must provide all necessary assistance to enable location and
repair of any fault which is our responsibility or the responsibility of an outside
supplier whose the network Sedcom Communications is interconnected to;
v) Where we determine, acting reasonably, that there is a fault within the
Sedcom Communications service, we are responsible for correcting the fault;
vi) We resell broadband links from other providers. The service level is in
accordance with the Service Level Agreement provided by the respective
providers.
vii) The performance of the broadband links provided is subject to the quality
and conditions of the physical lines and the distance from the local exchange.
viii) We are responsible for the network performance up to the point of
demarcation. The service level and quality beyond the demarcation point is the
responsibility of the customer.
ix)We provide free basic technical support remotely during business hours
between 8.30 to 5.00pm, Monday to Friday (excluding public holidays) AEST for
the part of the network service that we provide, and do not provide support for
any part that is not supplied by Sedcom Communications.
x) For after-hours and weekend support, Sedcom Communications will charge
an after-hour support fee per request, and undertakes to respond back to the
customer within an hour. The time taken to resolve the problems/faults may
take longer than this.
xi) There will be a fee charged for on-site technical support by Sedcom
Communications staff. The fee must be agreed before Sedcom Communications
staff goes on-site. If it is not agreed in writing it will be charged at $145 Inc GST
per hour plus travel costs.
xii) We are not responsible for any fault which is within the network of any
interconnected other supplier. We will notify that other supplier of the fault
and request that the fault be corrected promptly but will bear no further
liability or responsibility.
xiii) The following exclusions are applicable: 1.unavailability due to customer
environmental issues such as lack of air conditioning and power brown-out or
outage at the Customer site will not be accepted 2.unavailability due to
excessive traffic as a result of activity such as spamming, virus attacks and
denial of service will not be accepted 3.major cable cuts, acts of god, war,
Government directions and strikes and lock-outs are excluded from the service
level targets xiv) Where payments to Sedcom Communications for equipment
and/or services are overdue the Customer will not be entitled to claim a rebate
for network unavailability. 
 
Service Order Cancellation
Sedcom Communications will refund the customer premises equipment only if
customer cancels the service within 10 days of customer's order confirmation
date. The refund is subject to the following conditions:
i) the service order cancellation is received in writing
ii) the equipment has been purchased directly from Sedcom Communications
with proof of purchase
iii) the equipment has not been damaged or tampered with in any form
iv) the original packaging remains intact v) customer pays a restocking fee of
20% of the equipment value, and
vi) Customer pays for the freight of the equipment to Sedcom Communications
Canberra office
vii) Once off set-up fees and other charges are not refundable. 
 
Termination
i) After expiration of the contracted term, either party may terminate the
supply Agreement by giving 30 day written notice to the other, provided that
such notice does not take effect on any day other than the last day of the billing
period.
ii) You may terminate the service at any time prior to expiry of the Contracted
Term by: giving us 30 days written notice of your intention to terminate,
provided that such notice does not take effect on any day other than the last
day of a calendar month paying us all outstanding fees and charges incurred by
you until Sedcom Communications receives a written notice from you; and
paying us an amount calculated by multiplying the minimum monthly fee,
payable by you under this Agreement, by the remaining months of the
Contracted Term plus any fixed costs and the cost of the equipment, if
applicable. The remaining months are calculated from the date the service
agreement is signed by the customer
iii) We will not refund any equipment, any costs and payments if you terminate
the service agreement. We may without liability terminate the supply of the
service or part of the service to you with immediate effect if: a. you default in
the payment of any charges by the due date and fail to remedy such default
within 14 days of written notice from us b. you default in the performance or
observance of any obligation under this Standard Agreement and, in the case of
a breach capable of remedy, you fail to correct that breach within 14 days of
written notice from us c. we reasonably suspect fraud or misuse of the service
on your part
iv) Either party may at any time without liability terminate this Agreement, with
immediate effect from the date of service of a notice (or with effect from such
later date as the Affected Party may nominate in such notice), if an Insolvency
Event occurs with respect to the other party. On termination for any reason all
charges and other amounts owing by you to us shall become immediately due
and payable. Although we will endeavour to give you as much notice as
reasonably practicable, we may, without liability, suspend the service
immediately (including without notice): if we are required to comply with an
order, instruction or request of a government agency, emergency services
organisation or other Australian government authorities, if we are required to
undertake emergency repair, maintenance or service of any part of the Sedcom
Communications service facilities, if it is reasonably required to reduce or
prevent fraud or interference within the Sedcom Communications service
facilities; or as an alternative to the exercise of our rights of termination under
this Agreement. On termination the Customer's right to use the Services ceases
immediately. The Customer agrees to not hinder Sedcom Communications in
doing all things necessary to recover and remove Sedcom Communications
equipment from the Customer premises. Termination will not affect any rights
or liabilities that have already accrued to either party nor will it affect any
provision which is expressly or by implication interned to operate after
termination. 
 
Service Re-location
i) Customer is liable for fees & charges payable in relocating its Sedcom
Communications VoIP and/or broadband Internet services to another location
required by customer.
ii) Customer is solely responsible for any materials and labour man-hours which
may be required to effect the re-location.
iii) Customer's service agreement with Sedcom Communications shall re-start
with the same period as before the re- location.
iv) Should broadband service not be available in the new location for whatever
reasons, customer is liable to pay a cancellation fee. 
 
Billing 
i)We will endeavour to invoice you monthly but reserve the right to bill at
different intervals. We will provide you with a breakdown of the fees and
charges payable in each invoice. Our records will be conclusive evidence of
usage of the service and the charges payable by you. Notwithstanding this, you
may dispute an invoice you reasonably believe that you are not liable to pay the
charges because of an inaccuracy, omission or error in the invoice. For the
avoidance of doubt, this does not affect your obligation to make payment in full
by the due date. If the parties agree that the dispute is valid, your account will
be credited the relevant amount.
ii) We will invoice for, and you will be liable for all charges in respect of the
service commencing on and from the service start date.
iii) Unless otherwise expressly stated in the Agreement or Order Confirmation,
we will bill you: a. in advance for installation and hardware related charges; b.
in advance for recurring services; and c. in arrears for call
charges.
iv) Processing and verification procedures (including delays in receipt of billing
information) may mean that not all charges during the period covered by a bill
can be included in that bill. We may include those charges in subsequent bills.
v) We reserve the right to re-issue any bill if any error is subsequently
discovered.
vi) You are liable for all charges whether or not you authorised the particular
use of the service by another person and you will continue to be liable for the
charges if you allow another person to occupy your premises or use the service.
vii) Invoices shall be deemed to have been received by customer on the date
the invoice is generated. 
 
Billing Dispute
i) In the event that a Customer disputes part or whole amount of any invoice,
the Customer shall send notice to Sedcom Communications in writing (via email
or letter) setting out the objection to the disputed amount within seven (7)
working days in receipt of the said invoice. Such notice shall contain the
following information: date and number of disputed invoice amount in dispute
reason for dispute; and supporting documentation as appropriate
ii) Sedcom Communications shall use reasonable endeavours to resolve the
dispute within thirty (30) days of receipt of the Notice.
iii) Customer shall pay the undisputed portion of the amount due in the invoice
and may withhold the payment of the disputed portion until the time the
amount is determined. Upon determination, if Sedcom Communications proves
the disputed portion correct, customer shall pay the amount due plus interest,
at the rate of one point five percent (1.5%) per month on said amount from the
invoice due date. However, if the customer is proven correct, Sedcom
Communications will then issue a credit note to the customer.
iv) In the absence of resolution of the dispute within sixty (60) days, Sedcom
Communications and customer shall mutually agree on and appoint a single
arbitrator to resolve the dispute. The decision made by the arbitrator shall be
final and binding upon both Parties.
v) Customer shall not be excused from its obligations to pay Sedcom
Communications for the Services invoiced based on a claim that fraudulent calls
comprise, or may comprise, a portion of the invoiced Services. In no case shall
fraudulent calls form the basis for disputing an invoice pursuant to this Terms
and Conditions.
Payment
i) Where a minimum monthly fee is specified and agreed in the application for
service, that amount will apply even if you have incurred lower usage or no
usage in that calendar month.
ii) You must pay all fees and charges by due date. Failure to make payment will
constitute a material breach of the contract such that Sedcom Communications
has the rights to, or may immediately, suspend and/or terminate any or all of
the service, provided that ten (10) business days notice of such suspension or
termination has been provided to you by Sedcom Communications and the
relevant invoice still remains outstanding.
iii) We reserve the right to charge interest at 1.5% per month on any part of the
charges or any applicable tax not paid to us by the due date. You will be liable
to pay to us all expenses (including reasonable legal costs and expenses and the
fees of our debt recovery agents) incurred by us in relation to recovering
payments due under this Standard Agreement.
iv) We reserve the right to withdraw any discounts that you receive from us in
connection with the supply of the service where payment is not received.
v) The charges for the service do not include any amount on account of tax. If
any tax is payable by us in relation to, or on any supply under or in connection
with, this Standard Agreement, we will increase the charges or charge you an
additional amount on account of the tax. These will be your responsibility and
will be itemised on your bill or an adjustment note.
vi) Where we become liable to any penalties or interest as a result of the late
payment of any tax (whether the tax is included in a an amount of
consideration expressed in this Standard Agreement or not), due to your failure
to comply with the terms of this Standard Agreement or your obligations under
any applicable law, then an additional amount equal to those penalties and
interest will be payable to us.
vii) You acknowledge and agree that we may at our discretion pay commissions
to any of our agents, representatives or retailers who introduce you to us. 
 
Payment by Credit Card
i) You may authorize us to use your credit card to make: a one off payment for
goods and services regular, automatic payments of invoices on due date, and
automatic top-up payments from time to time to keep the outstanding amount
below the credit limit
ii) You must sign a "Credit Card Authorisation Form" to authorise us for making
payments by credit card.
iii) You must inform us immediately if you change credit card or if the card is
stolen or if you know the card is being used fraudulently iv) We have the rights
to suspend or terminate all or part of the service if, for whatever reasons, the
payment request is rejected by the bank or there is a charge-back, resulting in
us not receiving the amount invoiced 
 
Credit Check
We may conduct credit check on you and your company based the financial
statements and trade references provided by you. We rely on you to provide
accurate and up-to-date information for us and our credit agency to make
proper assessment. 
 
Security Deposit
We may request you to provide a security deposit at least equal to your
estimated monthly liability with us. We may review the sufficiency of the
security deposit from time to time and may increase the amount required by
notice in writing to you. The security deposit may be in one of the following
forms: i) cash to be held by us; or ii) a bank guarantee in a form acceptable to
us. 
 
Personal and Credit Information
i) You authorise us to collect, use and disclose personal information about you
and your company for the primary purpose of the supply of the service to you.
If you do not provide all the personal information we request from you, we may
be unable to supply the service to you or we may be restricted in the way we
supply that service to you
ii) You authorise us to collect, use and disclose personal information about you
for purposes including the following: (a) Assessing creditworthiness (b) all
purposes associated with provision of the service to you including billing and
account management (c) to provide you with information about products and
services which we, or any of our partners, may provide to you (d) implementing
this Standard Agreement (e) business planning and product development; and
(f) complying with legal requirements
iii) You acknowledge and agree that in certain circumstances, we may be
permitted or required by applicable laws to use or disclose personal
information about you. Such use and disclosure may include: (a) disclosures to
law enforcement agencies or purposes relating to the enforcement of criminal
and other laws (b) uses or disclosures in accordance with court orders or if
required or authorised by law; (c) uses or disclosures to lessen or prevent
serious threats to an individual's life, health or safety or to public health or
safety; or (d) uses to assist in internal investigations conducted by us into
suspected fraud, misuse of the service or other unlawful activities iv) We will
provide you with access to any of your personal information held by us, at your
request. We reserve the right to charge a reasonable fee for the provision of
this information. We agree to correct or amend any of your personal
information held by us which inaccurate or out of date, at your written request;
v) We will handle your personal information in accordance with the
requirements of relevant laws and industry standards
vi) We may at any time in our absolute discretion: (a) intercept the service or
the data being transmitted over the service for the purpose of complying with
our obligations at law; and (b) monitor the use of the service
vii) Subject to the obligations under the Privacy Act, we may give the
information to credit agency to obtain a consumer credit or commercial credit
report about you or to allow the credit reporting agency to create or maintain a
credit information file about you. You agree that we may disclose a credit
report about you to any credit provider, debt collecting agency or any other
supplier for the purposes of assessing your creditworthiness or to collect
overdue payments.
viii) You authorise us to see from or give to: (a) other credit providers(b) other
carriage service providers (c) credit reporting agencies (d) other suppliers or (e)
any other person or body carrying on the business or undertaking involving the
provision of information about commercial credit worthiness (f) Information
about your commercial activities, your creditworthiness, credit standing, credit
history or credit capacity that credit providers are allowed to give or receive
from each other under the Privacy Act or for purposes permitted under the Act
ixWe may: (a) refuse any application for (b) monitor the usage of (c) restrict
your access to (d) suspend; or (e) cancel the service on the basis of our credit
assessment of you after consultation with you to confirm the accuracy of the
assessment. 
 
Liability Limitations
i) You as a customer agree to defend, indemnify and hold harmless Sedcom
Communications Pty Ltd, its officers, directors, employees and agents who
furnish equipment and services to Customer in connection with the supply of
service and quotation, from any and all claims, losses, damages, fines,
penalties, costs and expenses, (including, without limitation reasonable
attorney fees) by, or on behalf of Customer or any third party, or user of
Customer's service, relating to the service agreement, equipment and services.
This paragraph shall survive the termination of the service agreement.
ii) In no circumstances shall Sedcom Communications Pty Ltd be held liable for
any consequential loss in respect to any late delivery and failure of any of the
components of this Agreement including the hardware, software and services. 
 
Non Disclosure & Confidentiality
Sedcom Communications and the Customer shall only use and hold confidential
information using the same degree of care as it normally exercises to protect its
own proprietary information, but not less than reasonable care, taking into
account the nature of the information, and shall disclose the information only
to its employees who have a need to know, shall cause its employees to comply
with the provisions of this agreement, and shall prevent disclosure of
information to third parties except as compelled by law. Confidential
information includes but is not limited to information relating to Sedcom
Communications service and the Customer's company information which is not
disclosed in brochures or other promotional materials available in the public
domain.
Disputes
i) The parties will use their reasonable endeavours acting in good faith to
resolve any dispute arising under this Agreement as soon as reasonably
possible. Any dispute except for a dispute over non- payment of properly
invoiced charges that cannot be resolved by the parties within a reasonable
time will be referred to the Heads of each party who will resolve the issue
through good faith negotiation. If the parties are still unable to resolve the
dispute after a period of 5 business days, if the parties agree at an earlier stage,
the dispute shall be referred to a mediator.
ii) The mediators will have appropriate qualifications and practical industry
experience to resolve the particular dispute and such appointment shall be
agreed by the parties within 3 business days of the decision to refer the matter
to a mediator. In the event of a failure to agree on a mediator, a mediator will
be appointed by the President of the Law Society of NSW on the application of
either party.
iii) The parties will provide the mediator within seven business days with all the
information relating to the particular dispute under such confidentiality
obligations as reasonable under all the circumstances.
iv) The mediator shall be instructed by the parties to use all reasonable
endeavours to resolve the dispute within 10 business days following receipt of
the information or if this is not possible, so soon thereafter as may be
reasonably practical and the parties shall co-operate fully with the mediator to
achieve this objective.
v) The fees and expenses of the mediator will be borne equally by the parties. 
 
END