For all other policy documents please see our policies page.
Standard Form of Agreement
These terms and conditions for the sale, supply, provision and use of Telecommunications Services and products are part of a Standard Form of Agreement for the purposes of Section 479 of the Telecommunications Act 1997. Our Standard Form of Agreement also includes Our service schedules for particular services, our Acceptable Use Policy and Our website information (including Service descriptions, pricing information, and Things to Know) forms (together with the Agreement or Standard Form of Agreement). SpinTel Pty Ltd (ABN 92 082 087 689) will supply the customer ('You', you, your or 'Your') Service(s) subject to Our Standard Form of Agreement. Unless specified, these terms and conditions apply to all Service(s) provided by Us, and together with Your Application and Our website information (including Service description, pricing information, Acceptable Use Policy and Things to Know) forms Your Agreement with Us. Undefined words have the same meaning as in the Telecommunications Act 1997.
1.0 Service Description
1.1 We will use all reasonable efforts to connect Your Service(s) to the network as soon as it is reasonably practicable after Our acceptance of Your written form, online internet form or voice recording application and its related parts ('Application') and We will use all reasonable efforts to maintain the Service while You comply with this Agreement.
1.2 On an Unbundled Local Loop Service ('ULL') We will provide the telecommunications Service(s) as a standard (not priority) Service to You in Australia through such Carrier or supplier network or networks We nominate from time to time directly with the Carrier, supplier or network operator (the 'Carrier' or 'Supplier'). Where carriage is supplied, the quality of the carriage of the Service(s) will be the same as that of the Carrier or Supplier.
1.3 Where We are providing data Service(s), the access component of the relevant data Service(s) and, optionally, a rented Customer Premises Equipment (CPE) router, are supplied to Us by a third party(s) as a wholesale Supplier.
1.4 You must not resupply any of the Service(s) without Our express agreement in writing.
1.5 Where there is any exclusion or inconsistency between:
(a) Your application;
(b) the terms and conditions in a service schedule for a particular Service;
(c) and these terms and conditions
the documents shall take precedence in the order set out in this clause, to the extent of any such exclusion or inconsistency.
1.6 Priority Assistance is a service available to eligible customers who have their fixed home phone service with Telstra. This service is available to customers, or a person living at their home, who have a diagnosed life-threatening medical condition, and whose life may be at risk if they don’t have access to a working phone line service. SpinTel does not offer priority assistance or priority assistance-related services. If you require priority assistance, please contact a service provider that does such as Telstra.
2.0 Charges and Payment
2.1 Charges for the Service(s) are determined in accordance with the plan rate, or by You accepting to use Our Service(s) when You have accessed our online application forms, or such other manner specified in the Application. We may change the amount of these charges or add new charges from time to time in accordance with these terms and conditions. You will be invoiced monthly for all calls, Service(s), usage, or other charges, with seven days trading terms for payment of accounts thereafter unless otherwise specified. You must pay all invoiced amounts by the date specified on the relevant invoice. If You have nominated automatic direct debit, Your bank account, or credit card will be charged seven days from the invoice date. Charges that do not appear on Your monthly invoice may appear on future accounts due to processing procedures.
2.2 Any charges billed to You after the cancellation date from Your previous Service provider will be due and payable by You to that provider.
2.3 Our charges to You may involve fees for connection, initiation, transfer, relocation or cancellation of any Service(s), or for debt recovery. Such charges, if not specified in accordance with the rate plan or such other manner specified in Your Agreement will be charged to You at cost to Us from the Supplier.
2.4 Overdue or dishonored accounts or payments may incur a late fee of $15. We may charge a fee of $2 if we agree to alter the due date of your invoice. All fees are charged on the next invoice.
2.5 We may, without notice, deactivate or cancel all or part of Your Service if any amount is not paid by its due date. We reserve the right to restrict any Service at any time if We feel the account has reached its credit limit or the Service appears to be fraudulent. Discounts may also be revoked during the overdue period. If any amount has not been paid by the due date, We reserve the right to deduct any unpaid amount (or part thereof) from Your credit card or charge card nominated in Your Application.
2.6 If You default under this Agreement, We may use or disclose any personal information collected and recorded in relation to You to assist Us in the process of debt recovery. Personal information includes personal identifying details such as Your name, address, date of birth, employer's and driver's licence details and status of any of Your accounts or related bodies corporate, Your credit history, and information about Your creditworthiness or capacity.
2.7 In consideration of Us having agreed to supply the Service(s) to You, the person signing or entering into this agreement ('the signatories') on Your behalf hereby jointly and severally guarantee the payment on demand of all monies which are or shall hereafter become due to Us by You. This guarantee shall be a continuing guarantee and shall not be affected by Us giving time or any other indulgence to You, nor shall any of Our rights to sue or report Your details to a credit reporting agency be affected hereby.
2.9 You will receive your monthly bill electronically. The bill will be sent to the email address listed on Your account. The bill will also be available in My Account.
2.10 Where You are required to pay Your account by automatic deduction from Your Credit Card or Debit Card a fee of 1.0 percent (plus applicable GST) will be charged for payments from Visa or MasterCard, and a fee of 3.8 percent (plus applicable GST) will be charged for American Express or Diners Club. For Paypal payments, the fee is 2.36 percent + 27 cents (plus applicable GST). Where You elect to pay from Your Bank Account no processing fee will be charged. These fees directly reflect the costs charged to Us by the relevant financial institutions.
2.11 Where a Business Telephone Service has been transferred to Us, and is being charged by Us at our Home Phone rates, We reserve the right to transfer it to the Business telephone rate without notice. Where You then request that this Service be changed to a Residential Service, the rates will be adjusted accordingly and the Telephone Directory listing will be changed from Business to Residential. Fees are applicable if a change to the line type is required.
2.12 For debt in arrears of 60 days or more, We may engage a licensed commercial agent to recover this debt. Where We engage a debt collector You will incur a fee equal to 19.5 percent plus GST of the debt amount.
Where additional recovery action is required, such as skip trace searches, field calls, legal proceedings or any other recovery actions, You will be liable for the fees and costs incurred.
Where these recovery actions have been unsuccessful, We may register Your details with Equifax, or other credit reporting agencies as having defaulted on Your commitments.
2.13 The relevant freight fee for postage may change from time to time. Such fees are displayed within the signup application form.
2.14 Some Service(s), including (but not limited to): 190x Service(s), directory assistance, reverse charge calls, Telstra override dialling prefix may be billed directly by Telstra who will send an invoice to the installation name and address of the Service.
2.15 Our financial hardship policy contains information about situations where a customer is unable, reasonably due to illness, unemployment or other reasonable cause, to honour their financial obligations under their contract. To view our policy, please click here.
2.16 If we offer you a discount or promotional account credit as a once-off or as a monthly recurring unless otherwise stated, the discount or promotional credit is for newly provisioned services or for new customers only.
3.0 GST and other Taxes & Levies
3.1 Unless expressly stated otherwise, the charges payable for the Service(s) under this Agreement are inclusive of GST.
3.2 If you're located in the ACT, we may be imposed a charge by our Wholesale Carrier called the ACT Government Utilities (Network Facilities) Tax Charge. From 1 January 2017, this Charge is $3.49 (including GST) per month. It is important to note that this charge is from SpinTel and not the ACT Government. The charge will appear on your bill as 'ACT Government Utilities Tax Charge'. The tax is applied to water, electricity and telecommunications infrastructure on a per-kilometre basis and is over-and-above the ordinary costs Telstra incurs to provide telecommunications services. The rate is calculated each year by the ACT Government and applies to infrastructure in the ACT Government area, including Jervis Bay.
3.3 An annual mobile levy is applied as determined by the ACMA. As of 2017, the cost of the levy is $0.64. The fee is added to your monthly bill as a one-off charge per year where a mobile or mobile broadband service is active.
4.0 Transfer To Us
4.1 In providing the Service(s), if We need to change Your arrangements with Your current supplier, then We will do so in accordance with this clause.
4.2 By making an Application or entering into any agreement for the provision of Service(s) by Us:
(a) You authorise Us to sign on Your behalf and in Your name forms of authority to Your current supplier of Service(s) to transfer the Service(s) into Our name.
(b) You will on request give instructions Yourself to Your current supplier to transfer the Service(s) from Your name to Ours.
(c) You will immediately pay to Your current/previous supplier all amounts owing to it for the Service(s) being transferred up to the time of transfer to Our name.
4.3 You agree that for Us to provide the Service(s) to You, should You or Your nominee apply through Our online application form on spintel.net.au, this constitutes Your agreement to our terms and conditions. You should ensure that both You and Your nominee have read and understood Our terms and conditions.
4.4 You understand that Your existing/previous Service supplier may require a cancellation, which is Your responsibility, and that they may charge You if you terminate Your agreement with them early. If you are contracted to or transferring from another provider, you remain liable for obligations and charges billed by them, which may include cancellation charges.
5.0 Transfer From Us
5.1 If in the future, You ask Us or another provider to transfer any of the Service(s) to another supplier, then You remain responsible to Us for the amount payable for the Service(s) up to the time when We transfer those Service(s) to another supplier, and You will immediately pay Us the amount on receipt of Our invoice.
5.2 The provision of Service(s) ceases when We transfer those Service(s) to another supplier, provided You have fulfilled Your contractual obligations and in respect to the cancellation notice period for Your respective Service.
5.3 We will bill You for the Service(s) for the duration of that billing period.
5.4 If after We become aware of any other proper charges (including fees payable to any other supplier) for those Service(s) up to the date of transfer, then You will immediately pay Us all such amounts on receipt of Our invoice.
5.5 Unless stated otherwise in this Agreement, charges for the Service will cease at the end of your billing cycle after receipt of a transfer notification unless otherwise stated in any particular service schedule; Please note that even if you choose to transfer your service immediately, the monthly charge for your current billing cycle will not be refunded.6.0 Amendments to Our Terms and Conditions
6.1 These terms and conditions, Our service schedules, Our Acceptable Use Policy and Service plans are subject to change at any time without notice. If We change the terms and conditions, Our services schedules, Our Acceptable Use Policy, or Service plans in a manner that We reasonably consider would cause detriment to You, We will notify You of the change with as much time as possible, but at least 14 days prior to the change.
If You do not agree with any changes notified to You, You may terminate this Agreement but You must notify Us of such termination within 14 days of our notice. If You notify Us that you wish to terminate this Agreement, the termination will take effect from the date of the change to this Agreement, or the date the Acceptable Use Policy comes into effect, as specified in our notice. Notwithstanding that you may send Us notice of termination under this clause, if you continue to use the Service beyond the date of the change, you will be charged for such use. Your continued use of the Service beyond the date of the change will be deemed acceptance of it.
It will be sufficient that We notify You only of the fact that these terms and conditions, Our service schedules, Acceptable Use Policy or Service plans have been changed and that We post a revised copy of this Agreement, Our service schedules, Acceptable Use Policy or Service Plans on the SpinTel website (spintel.net.au/aup).
The Customer shall be taken to have agreed to the terms of this agreement as so varied if the Customer continues to use the Service after the variation takes effect.
6.2 Without notice, We may at any time, change the Carrier or Supplier that we use in supplying a Service to You, or the Carrier's or Supplier's products.
7.0 Privacy
7.1 SpinTel adheres to the Privacy Act 1988 when We collect, use and disclose information about You.
8.0 Information
8.1 You consent to Us and Our Carriers or Suppliers exchanging Your information and/or details and that the Carrier or Suppliers, We and Our respective related bodies corporate may all use Your details for Our own purposes.
8.2 You authorise the Carrier or Suppliers to disclose to Us all records, and in particular, exchange line, mobile or network details, telephone usage or accounts information, communication usage records and call event records.
8.3 You consent to Us disclosing Your information and/or details to any other Australian telecommunications Service provider or supplier where We or the provider or supplier have reasonable grounds for suspecting that You (or any user of a Service provided to You) have been engaged, or are likely to engage, in fraudulent activity in relation to telecommunications Service(s).
8.4 You acknowledge that we or the Carrier or Suppliers that we use in supplying a Service to You may have legal obligations to retain and disclose data regarding Your Service and the use of Your Service.
9.0 Credit Check
9.1 You will supply without delay all the necessary information to check the worthiness of Your credit rating.
9.2 If We consider it relevant to assessing this application, You agree to Us obtaining from a credit-reporting agency a credit report containing personal information about You.
9.3 You agree that We may give to any credit provider and/or credit-reporting agency any information contained in the Application. You also agree that We may seek from any credit provider and/or credit-reporting agency any credit report (whether commercial and/or personal for any named business entity (this may also include the business owner's full name, date of birth, personal identification and personal address), or consumer for any named individual) on all parties named in the application. You acknowledge and understand that such information can include any information regarding Your commercial or consumer creditworthiness, credit history or credit capacity that credit providers and/or credit reporting agencies are allowed to give or receive under the Privacy Act.
9.4 You authorise and permit Us to make independent enquiries to third parties concerning Your financial standing and, for this purpose, authorise and permit third parties to supply such information regardless of any confidentiality or privilege which applies to the information sought.
9.5 We reserve the right to reject Your application for Service(s) based on Your creditworthiness as ascertained by Us at the point of sale. If We are unable to confirm Your creditworthiness through a credit reporting agency You may provide other information to enable Us to ascertain such. If You choose to provide additional information to dispute an unfavourable Credit Rating it remains our discretion whether We accept the information provided.
10.0 Limitation of Liability
10.1 Except as these terms and conditions specifically state, or as contained in any express warranty provided in relation to the goods or Services, these terms and conditions do not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of any supplied goods or Services or any contractual remedy for their failure.12.0 Term of the Agreement, Suspension, Cancellation, or Part Cancellation of a Product, or Termination
12.1 In respect to each Service set out in the Application, this Agreement will commence on the date of its submission by You and will continue in relation to that Service until:
(a) Your initial contract period has expired and You supply notice to cancel and; or
(b) Indefinitely unless cancelled. In this case, charges for the Service will cease at the end of your billing cycle after receipt of cancellation notification unless otherwise stated in any particular service schedule; Please note that even if you choose to cancel your service immediately, the monthly charge for your current billing cycle will not be refunded.
12.2 The period in which the Agreement is effective in accordance with clause 11.1 shall be the Term. After the expiry of the minimum contract Term or a fixed period, Services continue on a month-to-month basis until you cancel the Service in accordance with this Agreement. If We are supplying a Service to You for a fixed period as defined in an invoice, You must pay for the entire billing period. Cancellation of the following billing period must be notified before the start of that billing period.
12.3 We may terminate this Agreement:
(a) if You breach any term or condition of this Agreement or if a receiver or receiver and manager is appointed over any of Your property or assets, or if a liquidator or provisional liquidator is appointed to You or if You enter into any arrangement with Your creditors or You assign or otherwise deal with Your rights under this Agreement without Our prior written consent or, in the case of an individual, You die; or,
(b) at any time by giving You at least 30 days' notice if we decide or accept, based on the information that You provide us regarding Your expectations and requirements, that the service provided to You is not up to Your expectations. In these circumstances, we will release You from any remaining contractual obligations and waive any exit fees;
(c) at any time by giving You at least 30 days' notice if we are unable to continue providing the Service(s) to you because the Carrier or Supplier that we use to supply the Service(s) ceases supply or alters its terms of supply in a manner that we consider unacceptable;
(c) at any time after the expiry of a fixed-term contract.
12.4 We may suspend the Service(s) at any time without notice if any of the following occurs:
(a) We are not satisfied with Your credit assessment;
(b) You breach any of the terms and conditions of this Agreement). If You have failed to remedy the breach within 7 days of Us providing written notice to You of the breach, we may terminate Your Service;
(c) You fail to pay amounts owing to Us by the due date;
(d) We are unable, for any reason, including the default of a Carrier or Supplier that we use in supplying a Service to You, to provide the whole or part of the Service;
(e) You become subject to any form of insolvency administration.
12.5 If We suspend the Service(s), You will still remain liable for all monies due to Us under the Agreement during the period of such suspension.
12.6 If Your Service has been suspended by Us due to non-compliance with terms and conditions of the Agreement, a fee of $25 (GST inclusive) may be payable to re-activate Your Service(s).
12.7 If this Agreement is cancelled by You, or terminated by Us:
(a) Any right which We have in respect of Your obligations under the Agreement that are not fulfilled when the Agreement is ended will continue to exist;
(b) You must pay Us all reasonable costs and expenses incurred by Us in relation to the Agreement ending;
(c) Where We are providing data and/or data access Service(s), You must pay amounts due at the time the Agreement ends, including the balance of the Monthly Service Fees as set out on the Application or agreed by Us, including any amount for Service or CPE that was distributed over a term, for all months up to the end of the Term, that remain unpaid at the date of Your cancellation.
(d) In addition to any liabilities arising under this clause and where We are providing fixed-wire Service(s), if You terminate the Service(s) before the expiry of the Minimum Term or such lesser time as is agreed in writing by You and Us, then You will pay Us Our genuine estimate of the loss We will incur from the early termination of this Agreement. The amount of the loss will be calculated as being the difference between the charges billed to You up until the date of termination and the charges that would have been billed to You for the Services supplied to You until the date of termination under an applicable standard rate or pricing plan.
12.8 Where You have applied for two or more Service(s) as part of a 'bundle' and during the Minimum Term of Your Agreement You cancel the supply of one of the Service(s), the pricing for the remaining Service(s) will revert to the 'non-bundled' and thus adjusted rate for the Service that We continue to supply to You for the remainder of the Term.
12.9 Reserved
12.10 Should You cancel Your Service before the expiry of the Minimum Term, the value of any promotion(s)or credit(s) You received at the start of Your contract is payable by You to Us.
12.11 Where We are providing Data Service(s), if this Agreement is terminated in accordance with this clause, the Carrier may arrange for You to be supplied by the Carrier with the Carrier's Service(s) that had been supplied by Us, but You acknowledge that the Carrier may not be able to make those arrangements immediately and once the Carrier makes those arrangements, those Service(s) acquired by You will be acquired on the Carrier's current rates and terms and conditions and the Carrier will bill You accordingly.
12.12 We will charge You an early termination fee if You cancel Your Service with Us within the Minimum Term. Unless a specific early termination charge is specified in this Agreement including in any relevant service schedule for a particular type of Service, cancelling a Service before the expiry of its Minimum Term will incur a $99 pro-rate early termination charge for each service (based on the months remaining on the contract).
12.13 Request(s) for Service(s) cancelled before the order has been processed incur no cancellation fee. Request(s) for Service(s) cancelled after the order has been processed incur a cancellation fee of $29 unless the order has already reached completion or is at the point where it can no longer be withdrawn, the charge is $99 (GST inclusive) per service or service-specific standard early termination charges (if applicable).
13.0 Relocating fixed-line services
13.1 The following costs apply to relocate your services, depending on contract terms;
(a) NBN
| Current Contract |
Cost |
Contract Renewal |
| More than 3 months remaining on the current contract |
No Charge |
A new minimum term will apply from the commencement of the relocated service, which will be the remaining balance of the current contract. |
| Less than 3 months remaining on the current contract, or on a month-to-month contract |
No Charge |
The relocated services will be on a month-to-month contract. |
(c) Landline (provided on the Telstra the fixed-copper network)
| Type of Phone Connection |
State |
Cost |
Explanation |
| New Connection |
Existing |
$59 Once Off |
Has a telephone socket, previously had a phone service and no technician visit required |
| New Connection |
Reconnect |
$125 Once Off |
Has a telephone socket, no cabling work needed, but requires a technician visit |
| New Connection |
New Line |
$299 Once Off |
Will require cabling work and a technician visit. This does not include any work associated with network cabling or lead-in cabling to your premises. |
(c) We cannot guarantee retention of features specific to your service and/or the service type, or that the service will be available to you at the new location, as this depends solely on available infrastructure and coverage.
(d) We cannot guarantee the retention of your telephone number, particularly if moving to a different suburb or phone exchange.
(e) Value-added services such as Voicemail, may not transfer to your new premises automatically, should this be the case, please contact our customer service team, who can arrange for this to be re-added to the line.
(f) Connection timeframes vary, depending on service and infrastructure and lead time may take up to 14 working days.
14.0 Confidentiality
14.1 You will keep confidential all information supplied by the Carrier or Us.
15.0 Force Majeure
15.1 We will not be liable for any delay in the connection of or a failure in the operation of Service(s) due to any occurrence reasonably beyond Our control including failure of any link provided by the Carrier.
16.0 Entire Agreement
16.1 This Agreement contains Your and Our entire understanding to the exclusion of any and all prior or collateral agreement of understanding relating to the Service(s) provided whether oral or written. You acknowledge that You have not entered into this Agreement in reliance upon any statement made by Us, other than as expressly contained in this Agreement.
16.2 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 the Agreement shall retain its full force and effect.
17.0 Assignment
17.1 We may assign the benefit of this Agreement at any time to a person or corporation nominated by Us, including a Carrier, and, in this event, such Assignee or nominated Carrier shall deal directly with You for the purposes associated with the provision of Service(s) under this Agreement.
18.0 Customer Premises Equipment (CPE)
18.1 Any CPE You use which We do not provide in relation to the Service(s) must comply with applicable standards and specifications, including those set by the Carrier or Supplier.
18.2 Risk in any CPE provided to You by Us passes to You upon delivery.
18.3 If purchased from Us, title to any CPE does not pass to You until all amounts owing have been paid in full to Us and the cost of such CPE will be held by You in a fiduciary capacity as bailee for Us.
18.4 On the termination of this Agreement for any reason, You will immediately return all of Our CPE, should the CPE be Our property.
18.5 Delivery of CPE
(a) We will use Our best endeavours to deliver the CPE to You on the Delivery Date at the site during Your normal business hours.
(b) If You wish the CPE to be delivered to a location other than the site, You must request this in the Application Form upon sign-up for the Service.
(c) If You request delivery of the CPE to be made in advance of the Delivery Date or postponed beyond the Delivery Date, We shall use reasonable endeavours to re-schedule delivery accordingly, but shall otherwise be under no obligation to comply with Your request.
(d) If We request permission to deliver the CPE prior to the Delivery Date, You shall use Your best endeavours to prepare the site and to do all other things necessary to enable Us to comply with the request and to accept early delivery.
18.6 Installation and relocation of CPE
(a) Where We reasonably determine the requirements for installation exceeds reasonable expectations for any Installation Fee quoted or agreed with You, We will not be bound to provide the installation at the Installation Fee previously quoted or agreed and We agree to discuss and use Our respective reasonable endeavours to agree to a new Installation Fee.
(b) You agree to obtain and maintain, at Your expense, any and all permits, licences, approvals, authorisations, required for the installation and operation of the CPE.
(c) In the event that You are relocating Your premises and, as a result, Your CPE, We may, upon Your request, allow You to move the CPE from the premises to new premises during the Term so that You can continue using the Service(s) at the new premises, subject to:
(i) Our being able to provide the Service(s) at the new premises;
(ii) You agreeing that these terms and conditions apply to the provision of the Service(s) at the new premises; and
(iii) You paying all costs incurred by Us as a result of You having the CPE moved.
18.7 Additional Services
(a) You acknowledge that the CPE does not include the Goods and Service(s) specified as excluded or "not included" in the quotation;
(b) You may upon request to Us, request that We supply additional Service(s) including without limitation, inspection, repairs, adjustment and replacement of unserviceable or defective parts not subject to the limited warranty given in clause 17 in respect of the CPE;
(c) If agreed to by Us, additional Service(s) will be provided on a time and materials basis charged at Our standard rates in effect from time to time and on terms agreed to between Us and You; and
(d) Unless agreed in writing, any subsequent agreement to provide additional Service(s) between You and Us will not modify or vary the terms and conditions of this Agreement.
18.8 CPE Warranty
(a) We warrant that at the date of this Agreement We believe the CPE to be free from defects in materials and workmanship.
(b) You may, during the Warranty Period, notify Us in writing of any defect or suspected defect in the CPE. We shall, to the extent necessary, inspect, replace or repair the CPE at no additional charge and as soon as practicable after receiving written notice from You.
(c) We shall not be liable under clause 17 if the defect is the result of:
(i) Improper use or mismanagement of the CPE by You; or,
(ii) Operation of the CPE other than in accordance with the instructions given by Us; or,
(iii) Use of the CPE in a manner not reasonably contemplated by Us; or,
(iv) Modification of the CPE not authorised by Us; or,
(v) Use of the CPE in a manner contrary to law; or,
(vi) Subjecting the CPE to unusual or not recommended physical, environmental or electrical stress; or,
(vii) Reinstallation or moving of the CPE by a person other than Us; or,
(viii) Use of the CPE by a person other than You; or,
(ix) Your failure to comply with any terms of this Agreement; or,
(x) Your failure or refusal to install engineering changes or enhancements recommended by Us.
(e) If You provide notice of a defect or suspected defect pursuant to clause 17 and any subsequent inspection of the CPE by Us reveals no defect, the direct and indirect costs and expenses associated with such inspection shall be borne by You as an additional charge.
(f) You agree that the warranty in this clause 17 may, at Our option, be varied or replaced by specific warranty conditions issued in respect of the CPE.
18.9 We are not liable for faulty CPE provided to you by a third party manufacturer or supplier. Where You are experiencing a fault in CPE provided to you by a third party manufacturer or supplier, You should contact the manufacturer or supplier directly.
18.10 We are not liable for installing, configuring or maintaining any equipment not supplied by Us or additional to Your primary modem or modem router.
18.11 We will endeavour to ensure that You have a working Internet Service to a single device and personal computer. Whilst We may endeavour to assist You further, We cannot guarantee the success of complex networking configurations and, therefore, recommend You seek assistance from a third-party contractor. This may include wireless networks and Internet Connection Sharing.
18.12 For Service faults lodged on fixed-line telephony Service(s) or fixed-line data Service(s), a fee of up to $150 (GST inclusive) may apply (for each technician visit) if a contracted technician deems that there is no fault in evidence or, if the fault is caused by customer premises equipment (CPE) (equipment that is located at your premises) or not within Our, or our Carrier(s) network/responsibility including (but not limited to):
Furthermore, fees of up to $150 (GST inclusive) may apply if a contracted technician arrives for an appointment but You are not in attendance or the technician is unable to gain entry to the property, the building’s main distribution frame, or communications room.
If You notice Your Service has resumed or the fault is no longer evident, You must contact Us at the soonest possible convenience to cancel any technician appointment/s or to close the fault. Failure to do so may incur a fee of up to $150 (GST inclusive) if the technician arrives and concludes 'no fault found'. We must be given at least 24 hours' notice for appointment/fault cancellation prior to the scheduled technician appointment.
If You believe You have been incorrectly billed for a call-out fee or Fee for Service (FFS) charge, You have the ability to dispute the charge. To do so, You should log in to My Account, click on ‘Contact Us’ and raise a billing enquiry. Please provide evidence to substantiate your claim. Also, be advised that investigations may take up to 60 days from receipt of your billing enquiry.
19.0 Notices
19.1 Any notice, demand, consent or other communication required to be given by either party must be delivered personally or sent by email, prepaid mail, or by facsimile to the address of the other as last notified.
20.0 Detrimental Effects Advertisements
20.1 If We change the terms of our Agreement and it would cause detriment to You, We must first publish an advertisement or tell you directly.
21.0 Disputed Amounts
21.1 If you have a dispute with your bill or a claim on a previous debit that in Our opinion, is deemed reasonable, We will suspend our collection or recovery processes until the dispute has been investigated and an outcome is determined on Your dispute or claim. If it is found that the disputed amount has been billed or debited incorrectly, the amount will be reimbursed as soon as reasonably practicable (within 5 business days), or an adjustment of the disputed amount will be made to your bill.
22.0 Communications and Content
22.1 You are responsible for the content of the messages You communicate when using Our Service(s) as well as the consequences of those messages. You agree that You will not use Our Service(s) to engage in activities that are illegal, obscene, threatening, defamatory, invade privacy, infringe intellectual property rights, or otherwise injure third parties or are objectionable. You may not use a false email address, impersonate any person or entity, or otherwise mislead others or Us as to Your identity. We reserve the right to suspend or terminate the Service in the event of a breach of this clause and, in such cases, You will be responsible for any costs associated with suspension or termination of the Service.
22.2 We believe that any correspondence or emails from Us or Our related parties are a valuable part of Our Service as they enable You to keep up-to-date with matters regarding Internet security, viruses, useful tools, promotions, sites of interest and other related matters. The correspondence and emails do not constitute Spam as We have a continuing business relationship with You. However, if You do not want to receive such commercial communication from Us please contact Us to unsubscribe, otherwise, We will continue sending You relevant information until You request Us to remove Your email address (this does not affect other electronic communications specifically regarding the provision of the Service of Your account).
23.0 Coverage and Data Speeds
23.1 The Service may not be available at all locations or premises.
23.2 Connection speeds available to You are affected by many factors, and actual rates are not guaranteed. Such factors include (but are not limited to):
24.0 Customer Service Guarantee Standard
24.1 The Customer Service Guarantee (CSG) is a standard that is prescribed under the Telecommunications Act 1997 whereby consumers have certain rights in the connection of a standard telephone service. These rights include:
(a) The obligation to be provided with information pertaining to the CSG and applicable performance standards.
(b) The right to receive compensation if a standard telephone service is not connected within a prescribed timeframe.
(c) The right to receive compensation if remedial action to repair a fault on a telephone service is not achieved within a legally obligated timeframe.
(d) The right to receive compensation if SpinTel were to miss an appointment with a customer with whom SpinTel had originally made the appointment for the connection of a telephone service.
24.2 The specified timeframes and the amounts of compensation will vary and are dependent on customer location, infrastructure available at the customer premises and the actual length time that the fault has been present. Full details of the compensation can be found on the ACMA website (acma).
24.3 SpinTel NBN Phone/bundle plans are supplied on the basis that you have waived the CSG on only the telephony service. SpinTel NBN plans are cost optimised to represent the best possible value. However, you should decide what works best for you, noting that SpinTel’s commitment is to work with our wholesalers to resolve issues in the shortest possible timeframe regardless of any waiver.
24.4. It is a condition of acquiring the SpinTel NBN Phone service/bundle that the CSG be waived and you agree to complete the CSG Waiver. SpinTel VoIP/NBN Phone may be considered a standard telephony service. It is, therefore, a condition of these plans that you waive rights to the CSG.
24.5 If for any reason within five business days (if applicable) you decide to withdraw your CSG waiver, then SpinTel may terminate the agreement for the supply of the SpinTel NBN Phone/bundle Service.
25.0 Installation and Programming Of Equipment
25.1 Where We are providing fixed-wire Service(s), You will assist Us in ensuring that any equipment necessary for You to receive the Service(s) and access Our network is installed and programmed so that calls to destinations nominated by Us from time to time are, as far as possible, carried by Our preferred switched Service(s) network.
25.2 Where We are providing data and/or Broadband Service(s), You will assist Us in ensuring that any equipment necessary for You to receive the Service(s) and access Our network is installed and maintained.
26.0 Direct Debit
26.1 You authorise SpinTel to deduct invoice amounts from your account.
26.2 You acknowledge that the debit amount will be taken from your account according to the terms and conditions of your agreement with SpinTel.
26.3 You will ensure that there are enough funds in your account to honour the debt from the day it is due and until it is processed which may take up to three business days. Any fees charged by your financial institution caused by insufficient funds are your responsibility.
26.4 Delays in processing may be caused by public or bank holidays, non-banking business days, or payment requests being received after normal cut off times,
26.5 You authorise SpinTel to vary the amount of the payments from time to time as provided within your Agreement.
26.6 If a debit is returned by your financial institution as unpaid, you will be responsible for any fees and charges in addition to any financial institution charges and collection fees, including but not limited to any solicitor or collection agent fees appointed by SpinTel.
26.7 You authorise SpinTel to attempt to re-process any unsuccessful payments.
26.8 You acknowledge that if specified by SpinTel, setup, variation, SMS or processing fees may apply.
26.9 SpinTel will keep your information about your nominated financial institution account private and confidential unless this information is required to investigate a claim made to it relating to an alleged incorrect or wrongful debit, or otherwise required by law.
26.10 You authorise SpinTel to verify details of your account with your financial institution and for the Financial Institution to release information allowing SpinTel to verify your account details.
27.0 Complaints Handling Policy
27.1 Our Complaints Handling Policy includes information about the right to complain, and about how, when and where to make a complaint. The policy adheres to The Telecommunications Consumer Protections Code. To view our policy, please click here.
27.2 It is Our aim that the majority of complaints can be successfully handled under Our Complaints Handling Policy and we ask that You first allow Us the opportunity to exhaust all avenues in resolving Your complaint. However, if You are not satisfied with Our handling of Your complaint and You have escalated the matter within SpinTel, You may seek complaint mediation in accordance with the requirements of Clause 28 or further assistance from the Telecommunications Industry Ombudsman (telephone 1800 062 058) or the fair trading department in Your state or territory.
28.0 Mediation
28.1 You and SpinTel must not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these terms and conditions (Dispute) unless the party has complied with this Clause 28.
28.2 A party claiming that a Dispute has arisen must give written notice (Dispute Notice) to the other party, giving details of the Dispute.
28.3 If You and SpinTel are unable to resolve the Dispute within 15 business days after receipt by a party of a Dispute Notice, either party may (by written notice to the other party) submit the Dispute to mediation administered by the Australian Disputes Centre (ADC), with such mediation to be conducted:
(a) in good faith;
(b) in New South Wales; and
(c) in accordance with the ADC Mediation Guidelines.
28.4 The costs of mediation are to be split between You and SpinTel, provided that each party will bear its own costs in relation to the mediation.
28.5 If the Dispute has not been settled within 20 business days after the appointment of a mediator, or such other period as agreed in writing between the parties, the Dispute may be referred by You or SpinTel (by written notice to the other party) to litigation.
29.0 Conditions Of Data and/or Broadband Service
29.1 We may, at Our discretion, provide the Service by using either:
(a) an existing or new fibre or copper network. Some Telephony features You may have had previously may not be available, e.g. Line Hunt.; or
(b) an existing or new access line that supplies a standard telephone Service; provided by Telstra Corporation Limited ('Telstra') or other resellers, depending on the technical and operational requirements of the particular Service.
29.2 We provide no guarantee the successful provisioning of a Service.
29.3 If delivered over a copper network, the performance of the end-to-end Service is determined by the quality of the copper line and the distance from the exchange or node. As such, the performance of the end-to-end Service can only be estimated when We have qualified the line performance. We will accept a customer order upon appropriate qualification where the line performance meets Our Service objectives and the availability of the said Service.
29.4 Service provision times specified on Our website assume the availability of the Service(s) and/or no Carrier delays. Following submission of Your order by Us to the Carrier, should We determine that the line qualification is unsuccessful, We may provide You with a proposal for a new Service which may differ and may incur additional charges. Should the aforementioned event occur, We will consult with You to determine if You agree to continue with the new order placement.
30.0 Acceptable Use of Internet, Data and Broadband Services
You agree to comply with the acceptable use standards which include but are not limited to the following:
30.1 Not to send an email that may destroy or damage an email recipient's computer; and,
30.2 Not to knowingly accept email which is unlawful, and violates or infringes upon the rights of any person or corporation; and,
30.3 Not to reveal confidential information about Us and/or Our suppliers which may result in unauthorised usage of the Service(s) by a third party; and,
30.4 Not to transmit information which contains viruses or other harmful components; and,
30.5 Not to interfere with, damage or destroy computer systems or operations of the Service(s) including disobeying any of Our requirements, procedures, policies or regulations. This includes that of other users and/or third parties; and,
30.6 Not to store or transmit any unlawful, threatening, defamatory, offensive or pornographic material that constitutes a criminal or civil offence under State and Commonwealth laws.
31.0 Network Security
31.1 You agree to accept responsibility and liability for the security of and/or access to Your networks and related systems. You will take reasonable and appropriate precautions to prevent any violations of Your network and/or related systems security.
31.2 We do not take responsibility for and are not liable in any way for any violations of Your network and/or related systems security, however, caused.
31.3 While We are responsible for the provision of Service(s), You are responsible for ensuring that adequate security in the form of virus protection and firewalls exist to protect Your electronic data and computer operating system or the electronic data and computer operating system of Your business against and unauthorised or unwarranted intrusion.
32.0 Governing Law
32.1 This Agreement shall be governed and construed in accordance with the law of New South Wales and the parties hereby submit to the jurisdiction of the Courts of that State.
Service Schedule: Mobile service
In obtaining your mobile service from Us you agree to the following:
All international roaming usage charges, including call, text message and data charges are charged in additional to your normal mobile inclusions, and at a higher rate. You can check individual roaming rates by visiting the mobile section of the SpinTel website. Information regarding your roaming usage can be delayed up to 48 hours (or more) and you will not receive usage notifications. You should not rely solely on the alert service to monitor your usage. Some devices are not compatible with networks in some countries. You will need to check your mobile band details to see if the device can be used internationally. When activating the international roaming feature the call, text message and data components of your service will all be activated, you cannot activate an individual option.
You will be billed for international roaming in arrears. There may be instances where it may take several months for roaming usage charges to appear on your bill because we must first receive and process usage information from third party networks overseas.
Service Schedule – NBN (or NBN Bundle)
In applying for SpinTel’s NBN bundle, you agree to the following:
Service Schedule – 4G and 5G Wireless Broadband Service
In applying for SpinTel’s Wireless Broadband service from Us, you agree to the following:
The 4G and 5G Wireless Services have a '14 day coverage guarantee'. If you cancel your service within the ‘14 day coverage guarantee’, you agree to the following;
Service Schedule – Fixed Line Telephone Service (delivered via Telstra owned copper)
In obtaining your Telephone services from Us, you agree to the following:
