General terms and conditions for all products

Agreement Terms and Conditions

Prices quoted are ex GST unless otherwise stated.

nbn™

Installation

  • An nbn™ contractor will need to visit your business premises to install the nbn™ Network Termination Device (NTD).
  • Please make sure a person over 18 years of age is available on the day of installation.
    • This person will need to be able to authorise any work that needs to be done on the day.
  • We will send you the equipment (pre provisioned) and you can plug the equipment in.
  • If you need additional support, we can come to site and configure everything for you.
    • Fee for services will apply. $75 visit fee & $75 per half hour for labour. (ex GST)

We can provide the following services at fee for service rates:

  • Install the Gateway
  • Install the handsets
  • IT Support – Configure your computer network and devices (smartphones, printers etc.)
  • Data cabling

Other nbn™ charges

  • Incorrect Callout during initial installation – $82.50
  • Incorrect Callout post installation – $220.00
  • Installation of Central Splitter on a FTTB/N service during initial installation* – $186.00
  • Installation of Central Splitter on a FTTB/N service post installation* – $276.00
  • Late Cancellation (Site Visit Required) – $82.50
  • Missed Appointment – $82.50
  • Transition Reversal in the event a FTTB/N was unauthorised (disconnection of FTTB/N and
    reversal of any installation works undertaken as part of the original Transition Order) – $275.00
  • Voiceband Reinstatement/Transition Reversal – $275.00
  • Subsequent Installation (final price determined by nbn™ onsite) – $297 + Labour Rate ($82.50)+
    Materials over and above Initial Standard Installation
  • Installation for nonstandard installation (price determined by nbn™ onsite and assessed on case by case basis)
    – Labour Rate + Materials over and above initial standard installation

Contract Term 24 Months – No Contract fee

  1. Early termination fees apply if the contract is ended before the contract end date.
  2. Early termination fees will be calculated at remaining months’ x monthly fees.
  3. One month’s written notice must be given when cancelling the service. You will continue to be billed until the end of the next calendar month.

Hosted PBX and Telephone Systems - Equipment

  1. This agreement only covers equipment that has the standard operating environment loaded.
  2. Any equipment requiring support that does not have the standard operating environment will attract normal fee for service charges to bring the equipment up the standard operating environment and to fix such equipment.
  3. Any equipment added to the system after the agreement date will be covered from the date of installation.
  4. The agreement covers faults and repairs due to normal wear and tear and that the system is being used as per the manufacturer’s specifications.
  5. The agreement does not cover faults caused by – Flood, Power Damage or other Natural Disasters or Malicious damage.
  6. We reserve the right to use refurbished equipment as part of this agreement.
  7. We are not responsible for equipment that is no longer available from the manufacturer or has been removed from sale and or not supported by the manufacturer.
  8. Extended Warranty – If you choose this option we will provide the following support:
    1. Onsite support for all equipment faults due to normal wear and tear.
    2. Replacement equipment (this may not be the same brand or model of handset you are using now), while your handset is being returned to the manufacturer for warranty replacement.
    3. This cover is only for equipment that has an existing manufacturer’s warranty period.
  9. Adding Equipment or services within an existing contract period
  10. You can add equipment and services to an existing contract as long as the remaining contract term is more than 6 months. You will be charged the current monthly rate at the time of adding the service or equipment. This may vary from the original contract pricing.
  11. Terminating any additional equipment or services will mean you will be charged an early termination fee for the remaining term of the contract.

NBN Services

  1. Before reporting a fault with your NBN service, you are required to carry out isolation testing on the service.
    1. Restart your NBN Gateway/Modem/Router.
    2. Restart the NBN Network Terminating Device.
  2. All faults with NBN services are to be reported to our support team – support@businesstc.com.au or by calling 07 4759 5000.
  3. Service restoration – As the NBNCo does not provide any commitment to restoration of services, we as a service provider we cannot provide any restoration date.

VoIP Services

  1. Before reporting a fault with your VoIP service, you are required to carry out isolation testing on the service.
    1. Restart your NBN Gateway/Modem/Router.
    2. Restart the NBN Network Terminating Device.
  2. All faults with VoIP services are to be reported to our support team – support@businesstc.com.au or by calling 07 4759 5000.
  3. Service restoration – As the NBNCo does not provide any commitment to restoration of services, we as a service provider we cannot provide any restoration date for VoIP services.
  4. You will need to provide a failover number (mobile). In the event that you internet service fails all calls will be diverted to this number.
  5. CAVEAT Internet – Voice-over-Internet services will only ever be as reliable as the internet connection itself. Data/Signals sent over the internet are only as reliable and secure as the internet connection is able to guarantee.

Fees and Payment Schedule

  1. The equipment must be paid for upfront.
  2. The installation and other charges must be paid within 7 days of the system being installed.
  3. Ongoing monthly fees will be charged to Client on a Monthly basis, and will become due and payable on the first day of each month.
  4. Our trading terms are located on our website at http://www.businesstc.com.au/trading/ and form part of this agreement.
  5. Our Credit management Policy is located on our website at http://www.businesstc.com.au/trading/credit-management/ and forms part of this agreement.

Finance

  1. Finance is subject to a successful credit application with Betterrent.

Adjustments and Additional Charges

  1. An adjustment will be made at the start of each monthly billing cycle to adjust for any new users or server equipment.
  2. It is understood that any and all Services requested by Client that fall outside of the terms of this Agreement will not be covered under this agreement and charged accordingly.

Taxes

  1. It is understood that any Federal, State or Local Taxes applicable shall be added to each invoice for services or materials rendered under this Agreement.
  2. Client shall pay any such taxes unless a valid exemption certificate is furnished to Service Provider for the state of use.

Coverage

Support is provided during normal business hours by means of remote support or onsite support.

Normal Business hours are between the hours of 8:30am – 5:00pm Monday through Friday, excluding public holidays.

Support

Service Provider will respond to Client’s Support Tickets under the provisions of Telephone System Support terms and conditions located at http://businesstc.com/support/telephone-system-support/ and with best effort after hours or on holidays.

Support Tickets must be logged via the following means:

  1. Email: support@businesstc.com.au
  2. Telephone: 07 4759 5000

Support outside Normal Working Hours

Emergency services performed outside of the hours of 8:30am – 5:00pm Monday through Friday, excluding public holidays, shall be subject to our fee for service rates located at www.businesstc.com.au/ffs

Support requests -  Where No fault is found

If Client requests support and no problem is found or reproduced, Client shall be subject to our fee for service rates located at www.businesstc.com.au/ffs

Limitation of Liability

In no event shall Service Provider be held liable for indirect, special, incidental or consequential damages arising out of service provided hereunder, including but not limited to loss of profits or revenue, loss of use of equipment, lost data, costs of substitute equipment, or other costs.

Additional Maintenance Services

Hardware/System Support

  1. Service Provider shall provide support of all hardware and systems. provided that all Hardware is covered under a currently active Vendor Support Contract; or replaceable parts be readily available, and all Software be Genuine, Currently Licensed and Vendor Supported.
  2. Should any hardware or systems fail to meet these provisions, they will be excluded from this Service Agreement.
  3. Should 3rd Party Vendor Support Charges be required in order to resolve any issue, these will be passed on to the Client after first receiving the Client’s authorization to incur them.

Monitoring Services

  1. Service Provider will provide ongoing monitoring and security services.
  2. Should a problem be discovered during monitoring, Service Provider shall make every attempt to rectify the condition in a timely manner through remote means.
  3. Costs required to bring Client’s environment up to these Minimum Standards are not included in this Agreement.

Excluded Services

Service rendered under this Agreement does not include however are available on a Fee for service basis.

  1. Parts, equipment or software not covered by vendor/manufacturer warranty or support.
  2. The cost of any parts, equipment, or shipping charges of any kind.
  3. The cost of any Software, Licensing, or Software Renewal or Upgrade Fees of any kind.
  4. The cost of any 3rd Party Vendor or Manufacturer Support or Incident Fees of any kind.
  5. The cost to bring Client’s environment up to minimum standards required for Services.
  6. Failure due to acts of God, building modifications, power failures or other adverse environmental conditions or factors.
  7. Service and repair made necessary by the alteration or modification of equipment other than that authorized by Service Provider, including alterations, software installations or modifications of equipment made by Client’s employees or anyone other than Service Provider.
  8. Maintenance of Applications software packages, whether acquired from Service Provider or any other source.
  9. Programming (modification of software code) and program (software) maintenance unless as specified.
  10. Training Services of any kind other than the initial training provided at the time of installation.

Confidentiality

Service Provider and its agents will not use or disclose Client information, except as necessary to or consistent with providing the contracted services, and will protect against unauthorized use.

Miscellaneous

This Agreement shall be governed by the laws of the States and territories of Australia

It constitutes the entire Agreement between Client and Service Provider for monitoring/maintenance/service of all equipment listed in “Appendix B”.

Its terms and conditions shall prevail should there be any variance with the terms and conditions of any order submitted by Client.

Service Provider is not responsible for failure to render service due to circumstances beyond its control including but not limited to, acts of God.

Termination of Agreement

This Agreement may be terminated by the Client or the Service Provider upon ninety (90) days written notice to the other party of if the Client:

  1. Fails to fulfill in any material respect its obligations under this Agreement and does not remedy such failure within thirty (30) days of receipt of such written notice.
  2. Breaches any material term or condition of this Agreement and fails to remedy such breach within thirty (30) days of receipt of such written notice.
  3. Terminates or suspends its business operations, unless it is succeeded by a permitted assignee under this Agreement.

This Agreement may be terminated by the Service Provider upon ninety (90) days written notice to the Client:

  1. If either party terminates this Agreement, Service Provider will assist Client in the orderly termination of services, including timely transfer of the services to another designated provider. Client agrees to pay Service Provider the actual costs of rendering such assistance.
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