You certify that the details in the Authorisation
Form are correct and that you are authorised account holder of the service:
You authorise the change of pre-selection of the number
identified in the Authorisation Form.
In this respect, you understand that "Yell
Telecommunications" will become the carrier for the Fixed-to-Mobile,
International and National Long Distance Services whenever you prefix your calls
with 1423.
You authorise "Yell Telecommunications" to take any further
action, including signing any documents on your behalf, to give effect to this
change.
You agree that the Service is provided in accordance with
the Service Agreement (below) which you have reviewed, and certify that you are
over the age of 18.
Yell Service Agreement
Definitions
"Yell Telecommunications", "We" and "Us" means
Yell Telecommunications Telecommunications.
The "Customer", "You", "There" and "Your" means
the end user of our services. "Service" means access to the World Wide
Computer Network and other data networks over "Yell Telecommunications" maintained
data networks
1. Preamble
The supply of these services is provided by "Yell Telecommunications". "Yell
Telecommunications" may use third party suppliers and contractors for the
supply of services under this agreement. By using the "Yell Telecommunications" service,
you have indicated your acceptance of all terms and conditions as referred to
in this agreement.
2. Terms of this Agreement
2.1 This agreement commences
on the application date and will continue until ether party terminates the service(s).
If you terminate this agreement you will remain liable for all charges and all
other amounts that are outstanding, including any other amounts you are required
to pay under this agreement. 2.2 This agreement shall stay in effect until
terminated by you or "Yell Telecommunications". Cancellation of this
agreement depends upon the specific terms of the service(s) you have with us.
If no specific termination conditions are mentioned, you must supply one week's
verbal or written notice (not email) to Yell Telecommunications before the next
billing period if you wish to cancel your service. 2.3 We retain the right to terminate this agreement
at any time if the customer fails to perform under it or any supplemental agreements
or conditions relating to the supply of the service. 2.4 We retain the right to refuse any application 2.5 Upon Termination of this agreement, "Yell
Telecommunications" will cease to provide you with the service(s) as provided
under this agreement(s) and any outstanding payments will become immediately
due.
3. Provision of Services
3.1 The customer must provide
the items (if any) necessary to make the connection to our services possible.
3.2 "Yell Telecommunications" shall use all reasonable endeavours to
ensure that your connection to our services is available within a reasonable
timeframe. 3.3 CPE (Customer Premises Equipment) is defined
as equipment owned by the customer and located at their premises. Purchases,
Installation and configuration of this equipment and or software used for connecting
to the "Yell Telecommunications" services is the responsibility of
the customer. 3.4 Equipment Purchased from "Yell Telecommunications" will
be covered by an equipment specific warranty. The connection, configuration and
installation of any hardware and software purchased from us remain the sole responsibility
of the customer. Where possible we will assist in configuring the hardware/software
with your existing equipment and software. 3.5 Carrier charges are the sole responsibility
of the customer and the customer will in no way hold "Yell Telecommunications",
its resellers or suppliers responsible for carrier incurred costs or outages.
Customers are advised to contact their service provider for call charges. 3.6 Use of the service(s) by someone else, other
than the customer named on the application form or their authorised users of
this account, will find their access to the service suspended and or possibly
cancelled. 3.7 You agree not to use your service(s) for
illegal purposes and to conduct yourself in a reasonable and considerate manner
and acknowledge that any cracking, hacking, crashing, DoS Attacks, virus distribution,
port scanning, spamming, transmission or storage of copyright infringing or any
data that contravenes any Australian State, Commonwealth or International law
is forbidden and may lead to your account being suspended or possibly cancelled. 3.8 You agree to accept total responsibility
for the content of files owned by you and stored by "Yell Telecommunications" and
also accept total responsibility for any data transferred or caused to be transferred
across our Networks. 3.9 You agree not to use our network to distribute
unsolicited bulk email by any means. 3.10 You are responsible for the security of
your account. You will be held liable for any unauthorised use of your account
if you disclose in anyway your account details to another party.
4. Service Fees and Payments
4.1 All prices include GST
unless indicated. 4.2 The service fee shall be calculated in accordance
with pricing model selected by the customer on the application form, unless changed
by "Yell Telecommunications" from time to time (With prior notice given).
The usage shall be binding on both parties. 4.3 You are responsible for all usage on your
account and all the relevant costs relating the provision of services to you. 4.4 Installation, Remaining Monthly Fees, Hardware
and configuration fees and are not refundable under any circumstances. 4.5 Payment may be made by Cash, Cheque, EFTPOS,
Bpay, Credit Card, Direct Debit or other method as agreed by "Yell Telecommunications" and
the customer from time to time. 4.6 Accounts are due by the due date. If payment
is not made by the Due Date, "Yell Telecommunications" may suspend
or refer any outstanding amounts to a debt collection agency without notice to
the customer. 4.7 Unless otherwise stated, All Accounts shall
be renewed at the next billing period. 4.8 Any Payments will be first applied to any
outstanding balances and then for any fees for services for which the customer
then requires. 4.9 Any payment disputes must be made to "Yell
Telecommunications" within 7 Days of receipt of invoice. After investigation,
if we do not agree with the dispute, any outstanding fees will become immediately
payable. 4.10 Services are only available by credit card
or by Direct Debit. Accounts are only issued under certain conditions and by
approval of our credit manager. Services Paid Yearly can be payable by other
means as described in section 4.5. 4.11 In cases were a bank account or credit card
supplied is declined due to insufficient funds or our principal bankers charge
us for any dispute fees, such fees shall become the responsibility of the customer
and the customer shall pay "Yell Telecommunications" this fee, plus
a 10% service charge and any outstanding amounts immediately.
5. Liability of "Yell Telecommunications"
5.1 Services and Hardware
provided by "Yell Telecommunications" are provided "as-is" and
takes no responsibility for any loss of your data or any act of god, fire, war,
terrorism, natural disaster or like occurrence for the loss of your data or service. 5.2 We cannot
agree that all services will be free of delays and faults; we will use our best
efforts to restore faults within a reasonable time. 5.3 We may add,
change or discontinue any of our services, with at least 2 weeks notice, unless
our provider(s) change their services, in which we will attempt to inform you
with enough of Notice. 5.4 "Yell
Telecommunications" shall be under no liability to the Customer in respect
of any loss or damage (including consequential loss or damage) which may be suffered
or incurred or which may arise directly or indirectly in respect of goods or
services supplied pursuant to this agreement or in respect of a failure or omission
on the part of "Yell Telecommunications" to comply with its obligations
under this agreement and whether as the result of any negligent act or omission
of "Yell Telecommunications". 5.5 The Customer
shall not hold "Yell Telecommunications", its officers, employees,
providers and agents liable for any damages or losses arising from network downtime
or suit or proceeding brought against "Yell Telecommunications" or
its employees, officers, or agents by any person or customer in respect of the
transmission by the Customer of any illegal, fraudulent or offensive material
over the "Yell Telecommunications" Network and breach of Customer obligations
under this agreement and any unlawful act or omission by the Customer. 5.6 The laws in
force in the State of Victoria shall govern this agreement and each party shall
submit to the exclusive jurisdiction of the Courts of the state. 5.7 This agreement,
the Rules and the other documents delivered pursuant hereto constitute the full
and entire understanding and agreement between the parties with regards to the
subject matter. Neither this agreement nor any term in it may be amended, waived,
discharged or terminated except by consent of "Yell Telecommunications". 5.8 Important
Notice To Subscriber(s) For Credit (Section 18(E)(1) Privacy Act 1988)
5.8.1 Giving information
to a Credit Reporting Agency (Section 18E(8)(c) Privacy Act 1988) "Yell
Telecommunications" has informed me that it may give certain personal information
about me to a credit reporting agency. 5.8.2 Access to
Commercial Credit Information (Section 18L(4) Privacy Act 1988) I/we agree that "Yell
Telecommunications" may obtain information about me/us from a business which
provides information about the commercial credit worthiness of persons for the
purpose of assessing my/our application for consumer credit. 5.8.3 Access to
Consumer Credit Information (Section 18K(1)(b), Privacy Act 1988) I/we agree
that "Yell Telecommunications" may obtain a consumer credit report
containing information about me from a credit reporting agency for the purpose
of assessing my/our application for commercial credit. 5.8.4 Exchange
of Credit Worthiness Information (Section 18N, Privacy Act 1988) I/we agree that "Yell
Telecommunications" may exchange information with those credit providers
named in this application or named in a consumer credit 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 exchange information with other credit providers as to the status
of this loan where I am in default with other credit providers
· to assess my/our credit worthiness.
I /we understand that the information exchanged can include anything about my/our
credit worthiness, credit standing, credit history or credit capacity that credit
providers are allowed to exchange under the Privacy Act.
5.9 This agreement
may be amended at any time with at least 14 Days written or electronic notice.
6. Long Distance Phone Service
6.1 For Long Distance
Pricing, please read our rate guide available from www."Yell Telecommunications".com.au
or our rate book. Rates are subject to change without notice. Any Price changes
will be published by either email or mail. 6.2 We may from
time to time set a credit limit for the provision of the Services to you. You
will be notified of this credit limit and any variation to it. If you exceed
this credit limit, we may restrict the Services available to you without notice.
Payment Methods
Credit Card
By signing to pay for your services by automatic credit
card deduction you;
1. agree that "YELL Telecommunications" will
debit your account for services provided to you and that you will ensure that
appropriate funds are available at the time of the debit date (last day of the
billing period or when a new service is created). 2. We will send you a tax invoice to your email
account 7-14 days before the next bill date. 3. If you have chosen to pay by automatic credit
card deduction, your card will be debited for any service fees as per the billing
period and plan you have chosen.
Direct Debit
By signing to pay for your services by automatic direct
debit you;
1. Authorise "Yell
Telecommunications" to arrange for funds to be debited from your account,
held with the financial institution as detailed in the Direct Debit Request. 2. Acknowledge that the account specified will
be debited for any monthly, service or excess fees on the due date of each invoice. 3. Acknowledge that invoices will be emailed
to your default email address 7-14 days before the debit date, unless otherwise
agreed to by you. 4. You have read and understood the "Service
Agreement" (above) and acknowledge and agree to it. 5. You request this arrangement remain in force
in accordance with the conditions described below and in compliance with the "Service
Agreement".
And agree that;
Direct Debit Schedule 1. "Yell Telecommunications" (the "Debit
User"), will debit the BSB/Account nominated in the Authorisation
Form as specified in this Schedule. 2. The Debit User will give not less than 14
days written notice to you should it propose to vary the arrangements of this
Direct Debit Request. 3. You may request the Debit User to defer or
alter the payment amount specified in the Schedule of this Direct Debit Request. 4. Customers wishing to vary the drawing account
details specified in The Schedule of this Direct Debit Request must provide signed
authority for such changes to be effected. 5. In compliance with the industry's Direct Debit
Claims Process, the Debit User will assist customer(s) disputing any payment
amount drawn on the nominated BSB/Account in The Schedule of this Direct Debit
Request. The Debit User will endeavour to resolve this matter within the industry
agreed time frames. Customers may contact their financial institution to arrange
a "Direct Debit System Claim Form" form to initiate the process. 6. The Debit User advises that some financial
institution accounts do not facilitate direct debits and as such the customer
must check with their financial institution to ensure the account nominated in
The Schedule of this Direct Debit Request enables direct debiting. 7. It is the customer responsibility to ensure
at all times there is sufficient cleared funds available, at the due date of
the debit drawing, to enable payment from the BSB/Account as nominated in The
Schedule of this Direct Debit Request. 8. The Debit User advises the debit drawing will
be made on the agreed due date as nominated by invoices, on the day an account
is activated or by mailed billing advice. When the due date is a closed business
day the Debit User will initiate the debit drawing on the next open business
date. Customers may direct processing inquiries to their financial institution.
A closed business day is defined as any calendar day on which the customer's
financial institution is not open for direct debit processing. That is weekends,
public holiday - state public holiday - national public holiday 9. Where an unpaid debit item is returned by
the customer financial institution, the Debit User will require payment in some
other form and may charge you interest on the unpaid amount and any administration
costs incurred from the Debit User's Bank. 10. Customers who wish to cancel this Direct
Debit Request must notify the Debit User in writing not less than 7 days before
the next scheduled debit drawing to the "Accounts Manager, Yell Telecommunications,
PO Box 349 Nunawading VIC 3131 or by fax to+61 3 8804 0805. The Customer
may also request a cancellation of the Direct Debit Request by contacting their
financial institution. 11. The Debit User requests the customer to direct
all inquires, disputes requests for payment changes or cancellation directly
to the Debit User. 12. The Debit User agrees to keep confidential
all customer records and account details contained in The Schedule of this Direct
Debit Request unless authorised to release such information pursuant to a debit
item dispute or similar event where the customer has provided prior consent to
do so.
