BIZ TELECOM is a part of Binary IT Pty Ltd ABN 17 158 146 251.The mentioned terms and conditions apply to all the purchases from biztelecom.com.au. It contains important information about legal rights and obligations, including legal limitations and exclusions that apply to all consumers. When any product or service is purchased from Biz Telecom “biztelecom.com.au”, you (Consumer/Customer) agree and bind to the Terms and Conditions stated below. Biz Telecom and You agree to the following terms and conditions which are the exclusive terms governing the sales transaction between biztelecom.com.au and you. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you take any service from biztelecom.com.au.
Biz Telecom will particularly supply telecommunication services. Words which are not defined in these terms and conditions have same meaning in Telecommunications Act 1997.
1.1 You acknowledge that to use the service you must acquire at your own cost a hardware, along with a suitable broadband internet connection that will support the Services. For the avoidance of doubt, you agree that charges for accessing broadband connection will be billed separately by your internet service provider.
1.2 All telephone numbers provided by Biz Telecom relating to the use of the Service are registered with concerned service providers. Biz Telecom reserves the right to alter or replace any number because of compliance with any relevant legislation and in such case, will notify you through telephone, e-mail or walk in service that will affect the Service supplied to you.
1.3 When acquiring the Service, you expressly acknowledge and agree that there are limitations on the use of the Service as set out in the Service Description. Without limitation, these include:
1.4 You may acquire time to time additional services from Biz Telecom. You acknowledge that such additional services may be subject to additional conditions and charges as notified by Biz Telecom.
1.5 You acknowledge and agree that you have relied on your own judgment to evaluate the suitability of the Service for the purpose for which You require the Service.
1.6 To the extent applicable, you are responsible for maintaining the confidentiality of any applicable registration number and password and for all uses of your registration number or password and all related changes whether or not authorised by you.
The Agreement will commence from Activation Date and will continue for the Term. The Agreement may be terminated at any time by the provision of not less than 30 days written notice from one party to the other, which notice may not be issued prior to that date which is eleven months after the Activation Date.
3.1 You must ensure that the equipment’s used in the connection of service complies with all the applicable laws, rules and regulations. In case you breach any laws, Biz Telecom may disconnect you from making use of the services, notice for disconnection of services will be given to you but if in an emergency, there may be disconnection without any prior service.
3.2 You are responsible for any lost, stolen or damaged Biz Telecom or Supplier owned equipment in your possession at any time during the provision of the services, except if it is caused by Biz Telecom, a Supplier, Biz Telecom personnel or a Supplier’s personnel.
Intellectual Property includes;
4.1 Nothing in these conditions and agreement are referred as transferred rights of Intellectual Property of Biz Telecom to you.
4.2 Except as otherwise provided in this Agreement, no part of any content or software on the Service may be copied, downloaded, recorded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of Biz Telecom;
4.3 The Service is protected by Australian and international copyright laws. Except for your informational, personal, non-commercial use as authorised above, you may not modify, reproduce or distribute the content, design or layout of the Service, or individual sections of the content, design or layout of the Biz Telecom service without our express written permission.
5.1 You must pay the applicable charges for the Service received in the amount and at the times set out in the Application for Service. Biz Telecom reserves right to vary its rates and charges in providing the Service at any time and such changes will apply with immediate effect. Biz Telecom reserves right to:
5.2 Services are charged from the date of Activation and service Accrued.
5.3 Biz Telecom may invoice you for;
5.4 Biz Telecom may issue another invoice in case any error has been identified in the previous released invoice. If You have overpaid as a result of a billing error, your account will be credited with the overpayment or, if You have stopped acquiring the Service from Biz Telecom WE will refund the overpayment after Your request and after deduction of any other amounts due by You to Biz Telecom.
5.5 You agree that Your bill will contain only a summary of total call charges, unless otherwise stated.
5.6 Your bill amount will be calculated based on data record or logs held by Biz Telecom OR Biz Telecom Supplier’s. The call logging and recording procedures adopted by Biz Telecom and its Suppliers will be the conclusive evidence your usage and charges payable by you.
5.7 Payment has been received from You where it is made by electronic transfer on the date of deposit shown in Biz Telecom bank account statement.
5.8 Subject to clause 5.7,You are required to make payment by authorising Biz Telecom to deduct from your nominated bank account, the amount payable from time to time by you in accordance with this Agreement or by transferring to Biz Telecom nominated account any amount due on or before its due date.
5.9 In case your payment gets DISHONOURED, Biz Telecom holds right to charge you with penalty or fine.
5.11 Biz Telecom may impose an additional charge to recover Biz Telecom expenses incurred due to your untimely payment.
5.12 You are obliged to pay tax, duties and other government related charges to make use of the service.
6.1 Biz Telecom may immediately suspend your service or terminate it if;
6.2 In case the service is terminated then you are immediately liable to pay the pending amounts for the service received till date.
6.3 Termination of this Agreement for any reason shall not prejudice the rights of either party which have accrued up to the time of termination.
6.4 Biz Telecom may without liability and with immediate effect suspend or limit the Service in the event of an emergency or if required to by so by its Suppliers or to perform necessary maintenance or other service work in connection the Service.
7.1 Biz Telecom does not guarantee you with interruption or breakage free service.
7.2 To the maximum extent permitted by law all conditions and warranties expressed or implied by any legislation, the common law, or otherwise in relation to the supply of the Service or otherwise relating to this Agreement are partially included and partially excluded.
7.3 Biz Telecom is not responsible for rectifying any fault in the Service where the fault arises in or is caused by a Supplier Network, equipment or other equipment beyond the control of Biz Telecom.
7.4 Biz Telecom shall not be liable to You for any loss or damage (including incidental loss, consequential loss, loss of profits of any kind, loss or corruption of data, interruption to business, loss of revenue, or economic loss of any kind) arising out of any performance or failure to perform by Biz Telecom any of its obligations under this Agreement (including as a result any act, omission or negligence and including in relation to the performance or non-performance of the Service).
7.5 You shall be held liable for $500000 in case you breach the terms and condition despite continuous rendering of warning and notice.
7.6 You indemnify and hold Biz Telecom harmless in respect of all loss, damage, costs, expenses and liability arising from the use by any person of the Service.
7.7 Biz Telecom shall not be liable to You for any failure or delay in the performance of any obligation under this Agreement caused directly or indirectly by any event beyond Biz Telecom reasonable control.
9.1 Before rendering of service, Biz Telecom holds right to conduct credit assessment. The Customer is required to provide all information necessary to complete this assessment. Biz Telecom requires the Customer to provide Biz Telecom with authorisation so that Biz Telecom, if required;
9.2 For Credit Management, Biz Telecom may need to disclose credit reporting agency with the following;
9.3 The customer authorises Biz Telecom to disclose information mentioned in clause 9.2 to any credit reporting agency.
10.1 You are obliged to cooperate with Biz Telecom and its Suppliers to allow Biz Telecom to establish and supply the service safely.
10.2 You are responsible for all usage charges in respect of the use of the Service whether or not such usage charges were authorised and including all usage charges in excess of your account balance or in excess of any credit extended to you.
10.3 It is your responsibility to maintain security of the means of access to the Service and ensure unauthorised use does not occur. You are liable for all usage charges if you have authorised the use of the Service to another person. You will continue to be liable for the usage charges if you allow another person to use the Service irrespective of whether you have authorised that person to use the Service.
10.4 You must not use, or attempt to use, the Service;
10.5 Customers must;
The terms and conditions stated do not exclude the application of the statutory and general conditions. For more information on your consumer rights please visit www.accc.gov.au.