1.General
These terms and conditions contain the agreement between you ("the Customer") and VeeTel Pty Ltd A.B.N. 39 118 924 146 for the telecommunications services provided. You warrant that you are over 18 years of age and legally entitled to enter into an agreement with VeeTel. Our agreement with you includes these terms and conditions. We will provide you with our current pricing at your request or it can be found on our web site www.veetel.com.au. VeeTel reserves the right to change the terms and conditions without notice.
1.10 Charges/BillingVeeTel Pty Ltd will send you a tax invoice on a per calendar month basis setting out the fees due for the service we have provide you. All call charges will be rounded up to the next cent. Timed calls are charged in six second increment with a minimum of one minute charge. International calls are metered from the time dialling has concluded as such unanswered International calls may incur a charge. A flag fall of 38.5 cents applies to all timed calls. Local and 13/1300 calls are not itemised, they are listed as the number of units made during the calender month.
Itemisation of Local and 13/1300 incurs and administration fee of $5.00 per month. All prices are inclusive of GST and are subject to change without notice. The initial month of billing will be pro-rated from the date you connect till the end of the calender month plus one month in advance for all Line Rental, Internet and service charges. Any payments made through Australia Post will incur an additional charge of $3.30 per transaction. Monthly invoices sent out by form of paper bills incur a charge of $1.65. (Online Billing Option is Available at no extra charge) We will charge you an administration fee for additonal bill reprints $5.50 per billed invoice.
You agree to pay all invoices by the Due Date; if a payment is not received by the due date a late fee of $5.50 will apply. You will be liable for all reasonable collection costs (including our total legal fees) we incur to collect the amount outstanding, or to recover Hardware or any other equipment; and the Carrier may be entitled to claim payment from you of any amount under our commitment unpaid by the Due Date on the same terms and conditions we can claim payment from you. To obtain new connection discounts, bills must be paid in full by the due date otherwise full charges apply. If there is a dispute, you must pay the undisputed amount of each invoice by the Due Date.
Where in our opinion you have a reasonable claim or dispute with an invoice, we will suspend our collection or recovery processes on the disputed amount until a resolution on your claim or dispute has been settled. We aim to resolve invoice disputes within 21 working days. You will not have to pay any amount which you have genuinely disputed in accordance with this clause unless, and until, the disputed amount is resolved in our favor. You must otherwise pay all Charges specified on your bill by the due date.
If any of the bills are not paid in full within 60 days from the due date and still remain outstanding, Veetel may refer you to our collections agency Dun & Bradstreet who will take legal action to fully recover the debt. We may use or disclose any personal information recorded to help us proceed in the debt recovery inclusive of your name, address, date of birth, identification, employment and credit history. This may affect your future credit rating and where these recovery actions have been initiated and confirmed unsuccessful, we may elect to default and register your details with Dun & Bradstreet or any other credit reporting agencies.
1.11 Usage GeneralYou acknowledge that charges will be incurred when the service is used. It is the responsiblity of the customer to take steps to ensure that such usage does not occur without your authorisation. You should ensure that you are in control of devices that might make use of your services, such as Telephone systems, computers, handsets, mobile phones, and wireless devices connected to your service and that third parties cannot access or use such equipment without your authority. You acknowledge that usage of some services can occur because of an infection of your Devices with a virus or due to other unauthorised third party intrusions. You should ensure that you have appropriate protection systems operating on your equipment to restrict or limit the possibility of unauthorised usage. As we are not able to control access or usage of your Devices you are responsible for all usage charges in respect of the use of the service, whether or not such usage was authorised by you.
You are not permitted to authorise a third party to use your service without direct supervision and/or written authorisation by us. You acknowledge that we cannot be held responsible for any loss incurred by you because of faults and/or failures within a third party carrier's network infrastructure. While we will use our best endeavours in providing the service, you use it at your own risk. Even if you lose some equipment or permit another person to use your service, you are solely responsible for its use including
- The calls made and messages sent
- The sites and content accessed
- The content or software downloaded and the effect it may have on your equipment or service
- The products and services purchased
- The information provided to others
- The installation or use of any equipment or software whether provided by us or not
- The modification of any settings or data on your service or related services or equipment whether instructed by us or not
- The personal supervision of any users under the age of 18 who use the service; and
- The lawfulness of your activities when using the service and accessing any sites and third party content.
- The service is provided to you on the basis that it is used only for approved purposes. In particular you must not use the service in any manner involving illegal, malicious, deceptive or misleading activity.
- not breach any standards, content requirements or codes set out by any relevant authority or industry body
- not use the service in any way which interferes with the operations of the service network, anyone else's enjoyment of their service or which upsets or offends any person
- not use the service for commercial purposes or in any way distribute or resell the service without our written permission.
- obey all laws, regulations, guidelines and our reasonable instructions concerning your use of the service
- give us all information and cooperation that we may need in relation to the service; and advise us of changes in your personal information such as account details, debit or credit card details and expiry dates and billing and service addresses.
You must not use the service in a way or post to or transmit to or via the service any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other customer from using or enjoying the service. You must not use the service to send unsolicited electronic mail messages to anyone. You must not attempt any of these acts or permit another person to do any of these acts. For Further Details See Please See our Acceptable Use Policy
To obtain your Calls and Data usage please contact VeeTel Customer Service on 1300 833 835 during business hours or email enquiries@veetel.com.au
1.12 Payment OptionsVeeTel provides multiple payment options including: Over the counter at St George Bank, Bank of Melbourne or Bank SA. Also with Bpay, Credit Card through our Pay By Phone system 1300 760 093. Online Credit personal, business or money order cheques. Australia Post (Incurs $3.30 fee for every transaction)
1.13 Cancelation and Late Payment FeeWe reserve the right to cancel your services and charge you a late payment fee of $22.00 (Inc Gst) & $59 (Inc Gst) reconnection fee, if accounts are not paid by the due date.
1.14 ConnectionYou acknowledge that the Service may not be available in all circumstances and that we will not be liable for default or failure to perform our obligations under our contract resulting from; our inability to gain access to the Carrier network; or from any other cause beyond our reasonable control. We are not liable to you in any circumstances for any loss of, or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit, whether direct, indirect, economic, consequential or howsoever otherwise caused.
If we have reasonable grounds to believe you are a credit risk, we may ask you to provide some form of a security deposit in advance for our Services. If you do not provide the relevant security by the date requested, then we may refuse to provide you with the Service or may terminate a Service that we have been supplying.
1.15 Financial Hardship.Financial hardship means circumstances where you are unable to pay your invoices because of illness, unemployment or other reasonable causes with the expectation that VeeTel will assist you with a payment plan or Service arrangement where you can manage your invoices. Click here to view our policy.
If you are having a problem paying your bill, or you wish to discuss your options, call our friendly Credit Control Representatives on 1300 833 835 or email enquiries@veetel.com.au We can work with you to arrange a payment plan, bar or restrict your service until you have cleared your payments or change your plan to make the service with VeeTel more affordable.
For further information regarding Financial Support Services visit the ACMA's Website.
1.16 Credit LimitAn initial credit limit of $250 applies to all accounts and VeeTel Pty Ltd reserves the right to disconnect the services without notice once this limit has been exceeded. If you require a higher credit limit please call us on 1300 833 835. Please note: International call charges may be delayed due to delivery of calls from our wholesale carriers.
1.16.1. Termination of your ServicesYou can terminate the Service by contacting us by telephone on 1300 833 835. In this case, cancellation is effective at the end of the current monthly subscription period and your Account will be closed and your access to the Service will be disconnected from this date. If you terminate the Service before the expiration of the term of a fixed term contract, you must pay the Service Fee for the remainder of the term as stipulated in your Account summary.
You can terminate the Service if any changes to these Terms have a materially detrimental effect on you by notifying us within 14 days of the date on which the changes are made. Your cancellation will be effective as of the date of the change to these Terms and notwithstanding anything to the contrary in these Terms you will receive a pro-rata refund for any amount already paid to us in respect of any period after that date.
We may suspend, restrict or cancel the Service immediately and without notice at any time if:
- you do not comply with these Terms;
- any payments you owe to us have not been paid within 14 days of their due date;
- you improperly use the Service;
- an authority, such as the ACMA, requests us to do so; or
- you use the Service other than for private, non-commercial use, or in a way that is inconsistent with these Terms or the requirements of our partners or suppliers.
Otherwise, VeeTel may suspend, restrict or cancel the Service on 30 days’ notice to you.
If we suspend your Account, you will still remain liable for all Service Fees during the suspension period.
1.17 ComplaintsIf you have any concerns about the Services we are providing to you, you should contact us immediately on 1300 833 835. We will endeavor to resolve any problem or complaint you have as quickly as possible. If you are not satisfied with the initial outcome of your complaint, the matter will be reviewed in accordance with our complaints handling policy. Click here to view our policy.
1.18 Personal InformationVeeTel ensures that we only use your personal information in accordance with the Privacy Act 1988. You may obtain a copy of the Privacy Policy by calling us on 1300 833 835 or it can be found by clicking here
1.19 Direct DebitVeeTel Pty Ltd will send you a monthly invoice and will debit your credit card on the due date of your VeeTel invoice. A fee of $15.00 applies if the direct debit transaction gets rejected. If you choose to change your Direct Debit details, please contact VeeTel Customer Service on 1300 833 835
1.20 Refund policyOnce an account has been cancelled or closed, VeeTel Pty Ltd requests that you pay the whole of the unpaid balance of your account. If your account has a credit balance, VeeTel Pty Ltd will refund that to you by cheque.
1.21 Terms and Conditions – AmendmentsVeeTels Terms and Conditions / Acceptable Use Policy may be changed at any time without a formal notice being sent or circulated. In the event that VeeTel were to change their Terms and Conditions / Acceptable Use Policy that maybe consider as impacting your use of their Service /Product, then VeeTel will advise you of the change with a minimum of 30 days advance notice.
Naturally if you do not agreed with changes to VeeTel’s Terms and Conditions / Acceptable Use Policy you have the right to terminate your service (product) without penalties, conditional on you advising VeeTel within a minimum of 30 days of receipt of our notice.
2. Copyright
VeeTel Pty Ltd is committed to participate with copyright laws in Australia.
VeeTel users must not copy any CDs, MP3s, Books, Articles, Software and Games from the Internet. This is considered illegal and in breach of the Copyright Act 1968. Therefore prosecution by the authorities is possible. VeeTel Pty Ltd condemns piracy and takes serious steps to prevent infringements. VeeTel reserves the right to suspend or cancel any repeat offenders.
Steps taken by VeeTel to prevent copyright users on its network:
As soon as VeeTel receives notification from any third parties regarding a breach of copyright by a user, a warning notice is sent to the end user. If the breach is repeated by the same user, a final warning is sent asking the user to stop copyrighting on the network or risk having their service suspended or cancelled.
If the breach is repeated yet again VeeTel will have the end users service suspended or cancelled off the network.
3. Fair Use
Reason for fair use is to ensure all VeeTel customers enjoy quality service and are not disadvantaged by others that misuse VeeTel’s promotions or plans. Veetel Acceptable Use Policy applies to all VeeTel Services
3.1 Home Phone, Internet and Mobile services as well International call Specials, Included Value Home Phone and Mobile plansCustomers must not use Value plans, specials or promotions in an unreasonable or excessive manner in which it impedes or stops VeeTel from providing service to other customers. We may call you asking you to reduce the amount of calls made to give other customers a fair go in using VeeTel services. We may also limit your call access or charge you standard rates for calls if you continue to excessively use the VeeTel specials, Value plans or any international call promotions.
You must use your Internet in accordance with any limits stated in plan that you subscribe to for the use of that Service. We may limit, suspend or terminate your Internet Service if you unreasonably exceed such limits. Speed will be limited to 256kbps once Total monthly data download limit is exceeded. Speed will revert back to ADSL2 fast speed at the start of a new calendar month.
Download a PDF copy of our Acceptable Use Policy here
4. Manual Override
4.1 ServiceThe 4-digit override code provided can be used to access the VeeTel network. This may be used for Local, National, International and Calls to Mobile. You can remain with your provider for the line rental and use VeeTel for the Override. The override connection may fail due to network duplication or your line service is not compatible with the network.
5.Pre Selection Long Distance
5.1 TransferYour Pre-selection or Long Distance direct service can be connected or transferred from another provider to VeeTel with your authorization. The Transfer of your Long distance calls may take up to 5 to 10 working days to complete. The Transfer or connection of your Long Distance direct service may fail due to network duplication or your line service is not compatible with the network. Long Distance calls include National, International and calls to mobiles.
5.2 ServiceYour Line Rental provider will bill you for local calls & any other additional services. VeeTel will only bill you directly (without an override) for National, International, and calls to mobile.
6. Line Rental
6.1 TransferWhen you authorize VeeTel to transfer your line Rental you are also authorizing to transfer your Pre selection/Long distance calls. The transfer of your Line Rental may take up to 5 to 10 working days to complete. The transfer or connection of your Line Rental and Long Distance direct service may fail due to network duplication or your line service is not compatible with the network. By authorizing the transfer of your line Rental to VeeTel you are consenting that you are the account holder of the telephone and you are authorizing VeeTel to transfer your telephone service to VeeTel, the information you provided is true and correct. You understand that prices are subject to change without notice.
You understand access fees are charged from the date of connection and one month in advance. Any additional discounts, benefits and services from your existing provider will not automatically be transferred or may no longer be available. You are liable for charges and commitment billed after the date of transfer from your previous provider. You are Subject to VeeTel’s credit assessing policies. You understand that it is your responsibility to check the terms and conditions of your existing fixed telephone services relevant to this transfer to VeeTel with your existing service provider. No costs involved to transfer your line Rental to VeeTel from another provider.
6.2 New Line Connection/Relocation CostsIf you do not have an existing telephone line, VeeTel can connect a new line for you, there are connection fees involved to provide you a new line at your premises.
$59.00 Connection Fee: This is when a working telephone socket exists from a previous connection and a technician is not required to visit your property or premises.
$125.00 Connection Fee: This is when a working telephone socket existing from a previous connection and a technician is required to visit the property to connect the service
$299.00 connection Fee: New telephone line connection - a telephone service has not previously been connected at your premises (There may have previously installed cabling to your property or premises and you may be able to hear a dial tone) Telephone line connection with a technician visit with cabling work - a previous telephone service existed at your property or premises and a technician is required to visit your property or premises to install and work on the cabling up to the first socket in the property or premises. The new connection is only installed at the first main socket. Any additional sockets required to be installed must be requested upon initial order, additional Labour costs will be applied ($38.50 per 15 minute block)
6.3 Early cancellation of new linesIf you request VeeTel to connect a new line and if the line gets cancelled or transferred within three month period, VeeTel reserves the right to charge a cancellation fee of $49.50 including GST.
6.4 Local Number Portability 6.4.1Local Number Portability is available as an option for customers changing their phone company who want to keep their existing telephone number. This process is known as porting. You agree to pay us an administrative charge if you wish to port your local number:
- Per Number (simple port) $8.00
- Analogue Indial Numbers
- First Batch (up to 100 Numbers) $840.00
- Each Additional 100 Numbers (or part thereof) $387.00
- FaxStream, MSN (Multiple Service Number)
- First Batch (up to 2 numbers) $55.88
- Each Additional Number $4.27
All Plans (old and New) that have calls Included are strictly Residential & payment must be made by due date. If invoices are not paid by the due date VeeTel reserves the right to cancel the service without notification. All Value plans (old and new) are subject to Acceptable Use Policy
6.6 BillingVeeTel will bill you for all calls directly this includes local National, International, and calls to mobile. VeeTel will also charge you for additional features used by you for example 1900, 123 Sensis, *10# and extra service charges you may have had with your previous line rental provider for Example Calling number Display, Call Control, Silent line or Message Bank..etc.
6.7 FaultsVeeTel does not own the network as such cannot guarrantee continuous Telephone service at all times due to factors out of our control. VeeTel will endeavor report any fault to its supplier as quickly as possible in order to repair the service with regulatory timeframes. These guidlines may not be met due Mass Service Distruptions. If at anytime you are experiencing a fault on your telephone line you must contact VeeTel during business hours to advise of the problem.
Our Carrier's network terminates at The Main Distribution Frame (MDF) if you live in a building or at the Network Boundary Point (NBP) or first wall socket if you live in a free standing house. An Incorrect call out fee of $130.00 plus $38.50 every 15 minute of labour for a technician to diagnose a fault only if the fault is found to be on the Customers Private Equipment (CPE) that is beyond the MDF or NBP and not on the our carrier's network. As per the carriers advise faults are usually rectified within 2 to 5 working days in Metro areas or 3 to 10 in regional areas unless a Mass Service Distruption is announced by the carrier.
6.7.1 Mass Service DisruptionsSometimes things happen beyond our carrier's control that means they can’t connect or fix faults to standard telephone services in their usual timeframes, or even keep appointments. These situations can include natural disasters, extreme weather conditions and instances where their facilities have been damaged through no fault of their own. During these times a Mass Service Disruption exemption may be put in place.
This exempts our carrier and VeeTel from complying with the Customer Service Guarantee (CSG) performance standards for the duration of the Mass Service Disruption. which exempts VeeTel from the CSG. The exemption process is explained in sections 22-27 of the Telecommunications (Customer Service Guarantee) Standard 2011, which can be found on the ACMA website. When a Mass Service Disruption exemption is in place, our Carrier will issue a detailed public notice via a daily newspaper.
6.7.2 Medical Priority FaultsVeeTel does not provide Priority Assistance however if your service is required for Medical emergency VeeTel will endeavor to escalate a faulty service to its carrier as a Medical Emergency. The Carrier will then tag the service as a Medical Priority. Charges may apply, Here is more information from the ACMA regarding Priority Assistance
7. Mobiles
7.1 ServiceVeeTel Provides Mobile Sim only plans. You can transfer your existing mobile number to VeeTel from your current provider. VeeTel can provide you with a new mobile number. All new VeeTel Sim cards come with active Voice mail diversions. To set up Voicemail from your mobile, Dial 121 then, follow the prompts through the recorded tutorial. You will be asked to set up your PIN, Name and Greeting. To deactivate your voice mail dial ##002# from your handset.
7.2 Additional Service chargesVeeTel will also charge you for usage of additional services such as 1900, 123 Sensis, International roaming, International calls and 3G internet connections as well as access to the Vodafone Live website from your mobile phone. These rates are consistently changing therefore VeeTel is unable determine the exact rates of these services. You may incur high usage charges on your VeeTel account when using 1900, 123 Sensis, International calls/Roaming and internet services from your VeeTel Sim Card.
Current GPRS, 3G or Mobile Internet connection charges 1.7 cents per kbs, or $17.00 per mb downloaded. For example if a song from YouTube is about 3 mbs. Therefore if downloaded to the mobile phone the charge will be about $51.00 for that song. It is the responsibility of the customer to manage additional services and charges from their mobile phone as it may incur high, International, roaming, 123 Sensis, 1900 and data usage charges.
7.3 GPRS,(3G) or Mobile Internet ActivationVeeTel Sim cards come with Inactive GPRS 3G or Mobile Internet. In order for VeeTel to activate GPRS 3G or Mobile Internet client must Pay a $250.00 bond. (This will be held by VeeTel for a min of 3 months. After which the client can request VeeTel to send a refund cheque or allocate the amount on their phone account. No interest will be paid by VeeTel on the bond held. Then clients must sign a direct debit form (Credit Card) for the clients VeeTel account to be direct debited monthly on the due date.
7.4 Premium ServicesMobile premium services are content information and entertainment services that are delivered to your mobile phone that cost more than a standard SMS. There are many services you can purchase. These services include: mobile ringtones, mobile wallpaper, games, chat services, competitions, horoscopes, age-restricted content news, sports and weather updates music and video clips. Mobile premium services, often referred to as premium SMS/MMS/TXT, are offered using numbers starting with ‘191’, ‘193’-‘197’ and ‘199’.
Mobile premium services in Australia are usually accessed by entering your phone number into an internet page or sending an SMS to the advertised number, which initiates the service to deliver the content to your mobile phone. VeeTel takes no responsibility for any third party contents or data downloaded that are received through a premuim service. To Stop Premuim Services on your phone you need to reply ‘STOP’ to the number included in the message or on your bill. You will then receive a message from the content supplier confirming the cancellation of the service or you can give VeeTel a call on 1300 833 835 to arrange to have all premuim 19 numbers blocked. For more information about Premuim service you can Visit the ACMA website by clicking here
7.5 International IDD and RoamingVeeTel Sim cards come with International IDD and Roaming restrictions. Prices are consistently changing and are charged at higher rates. Roaming and International call charges may be delayed due to delivery of calls from overseas carriers. Call VeeTel to obtain the most current Roaming and IDD rates. A bond of $250.00 may be required to activate International IDD or roaming. This bond may be held by VeeTel for a minimum of 3 months.
7.6 Mobile Exclusions3G data charges, GPRS connections, WAP connections, International Calls, International roaming calls, 1900 calls, 123 Sensis calls or Directory calls, Call minder Operator calls and Premium SMS. It is the customer’s responsibility to manage these services as they may incur higher monthly bills.
7.7All Mobile services are subject to Acceptable Use Policy
8. Broadband Internet
All plans (Metro and Regional) are available only on direct debit through a nominated Credit Card. Click here for Line Rental Terms and conditions for Bundle plans. ADSL2 is only available in selected coverage areas. The new connection or transfer fees are charged on your first VeeTel bill. You understand access fees are charged from the date VeeTel activates your ADSL2 connection on your line and one month in advance. Should you wish to withdraw your ADSL2 plan after you have agreed to proceed with the order VeeTel reserves the right to charge a $99.00 withdrawal fee even though the connection is not complete. You are responsible for your internet use and wireless security.
Therefore VeeTel takes no responsibility for any data downloaded and/or the content stored on your computer. Please see VeeTel's postion on copyright laws. All VeeTel Internet services are subject to Acceptable Use Policy. All ADSL2 Plans Plans cannot be used in conjunction with any other VeeTel offer. Unused downloads cannot be rolled over to a new Calendar month. Speed shaped to 256kbps when monthly download limit is exceeded. Speed will revert back to ADSL2 fast speed at the start of a new calendar month.
8.1 Direct DebitAll ADSL2 plans (Metro and Regional) are available only on direct debit through a nominated Credit Card. VeeTel Pty Ltd will send you a monthly invoice and will debit your credit card on the due date of your VeeTel invoice. A fee of $15.00 applies if the direct debit transaction gets rejected. If you choose to change your Direct Debit details, please contact VeeTel Customer Service on 1300 833 835.
8.2 Plan Downgradesif you request to downgrade during your commitment period a $99.00 downgrade fee applies. The plan will take effect from the following calender month with a new 24 months commitment period.
8.3 Plan UpgradesIf you request to upgrade your plan a fee of $99.00 will apply. If the upgrade is to the unlimited plan a new 24 months commitment period applies. All upgrades will take affect from the following calender month.
8.4 ConnectionsADSL2 transfers and connections may take up to 10 to 14 working days to complete. Subject to availability at your local exchange. VeeTel will not be liable for delays in transfer or connections. The transfer or connection of your ADSL2 may fail due to your local exchange being too far away from your premises therefore hindering the service we provide, no available ADSL2 ports at your local exchange or your line infrastructure is not compatible with the ADSL2 network.
8.5 RelocationsA relocation fee of $99.00 is applicable when customers change their address and/or phone number in addition to Telephone line relocation charges. The Relocation fee applies with no additional per month cost unless relocation is to another Telstra Exchange Zone (Zones 2 and 3 Regional) $198.00 relocation fee plus an additional premium per month will apply
8.6 Internet Speeds 8.6.1VeeTel cannot guarantee any speeds. Please note: Due to Factors our of our control the line speed and download speed will differ due to the following aspects including:
- Distance from the local telephone exchange.
- If the cable from the Local Telephone exchange is running through Sub Exchanges, RIMs or Top Hats causes drastic drops in speed.
- The quality of the phone line.
- Quality of cabling
- Line Filtering.
- The number of equipment connected to the network and phone line.
- Quality of hardware and software of your modem and PC.
- Any major works or maintenance by our wholesale supplier, in which it may restrict your service to a lower speed.
- There may also be congestion at the local telephone exchange or network on our wholesale supplier’s equipment this means our wholesale supplier may not be able to provide the consistent speeds at all times of the day.
- Downloads from overseas sites. Some International sites will have their own traffic management per site visitor to a specific download rate. This means slower download speed on the site may be experienced. The reasons these sites have their own restrictions in place to ensure all visitors to their websites have the same accessibility and download rate.
VeeTel does not take responsibility for any Internal or external electrical/magnetic interferences which may occur that hinders the speed and or the connection to the internet
8.7 Usage8.7.1 Excess usage
You must use your Internet in accordance with any limits stated in plan that you subscribe to for the use of that Service. We may limit, suspend or terminate your Internet Service if you unreasonably exceed such limits. Speed will be limited to 256kpbs once monthly Total monthly data download limit is exceeded. Speed will revert back to ADSL2 Plus fast speed at the start of a new calendar month.
8.7.2 8.7.3 Online download usageVeeTel currently does not have an online download usage link. In the meantime if you require to check your download usage please call our friendly Customer Service representatives on 1300 833 835 between Monday to Friday 8:30am-8:00pm and Weekends 10am-5:00pm AEST. They will be able to provide you with acurrate download usage. You can also email your request to enquiries@veetel.com.au VeeTel will also endeavour to send notifications to any contact mobile or email provided when 50%, 85% and 100% of data limit has been reached.
9. NBN
9.1 NBN Phone and Internet9.1.1 Overview
NBN Phone and Internet is VeeTel’s residential telephony service where there is a requirement for one or two lines and an Internet Service. NBN Phone and Internet is delivered via NBN Co fibre access infrastructure. In special circumstances more than 2 lines can be provided by provisioning multiple NBN Co accesses at the customer premises.
Given the NBN is now rolling out, and in most cases This service is a residential and small business offering that is comparable to the “Plain Old Telephony Service” (POTS) offered on legacy copper infrastructure. Legacy copper infrastructure will be phased out, this product is a replacement for the POTS product and uses NBN infrastructure. Given this service is replacing the traditional copper based POTS, it has been designed to offer features offered with POTS including Local calls, national calls, International Calls, calls to Mobiles.
There are a range of services that work over the NBN Phone service, however due to the diversity and complexity of end devices (that are connected over the service) we recommend our customers test these services to ensure they work. This includes Fax to national and international numbers, EFTPOS, Back to Base alarms, Foxtel program purchases (via landline),and analogue modems. Note, these services may work on the service however VeeTel does not provide any assurance around their performance.
There are other services which will not work over this service including VoIP based fax, Priority Assistance Scheme, calls to 19/1900, 0500 numbers and Universal International Freephone Numbers (UIFN).
This service can be purchased as a standalone telephony service or bundled with other NBN Internet services.
The Phone service is delivered via the UNI-V port and the Internet is delivered via the UNI-D Port on the NBN supplied Network Terminating Device (NTD). As with POTS customers may choose to port (transfer) their phone number from Telstra, Optus, Primus or Powertel to VeeTel. We may not be able to port your number in all circumstances, including where you fail to provide correct account details, or as a result of contractual obligations with your existing provider. If you are porting your number to VEETEL, inbound calling to your number will not commence until porting is complete which will take a further 1 to 5 business days.
Here is an overview on NBN Installation Process.
9.1.2 NBN Phone Features and BenefitsNBN Phone, delivered via NBN UNI-V, the service boundary point for the voice service is up to the analogue port on the ATA.
Please note the following important demarcation points:
- NBN Co will install the NTD at the premises. If the end customer has had NBN Co services before they may already have this network device installed. This will be confirmed with you when we service qualifying your site.
- Customer is responsible for supplying, installing and managing end customer devices (e.g. analogue phones)
- Any re-configuration of the end customer’s devices is the responsibility of the customer, not undertaken by VeeTel or its Agents.
- Internal wiring issues are customer’s responsibility. VeeTel can arrange for a field services technician to perform non-standard installation for an additional charge. Alternatively, customers may choose to get a private technician to do the required work.
NBN Phone supports the following Inbound and outbound calls:
Inbound and outbound types of calls such as:
- Local and national calls
- International calls
- Calls to/from mobiles
Inbound only such as:
- Inbound calls (e.g. 1800 calls)
NBN Phone Outbound only such as:
- Emergency services
- Directory assistance services
NBN Phone Features
Available features:
- Local calls
- National calls
- Calls to Australian mobiles and satellite phones
- Calls to most international destinations
- Calls to 000 emergency services
- Calls to free phone and local rate numbers such as 13, 1300 and 1800 numbers
- Directory assistance or operator assisted numbers
- Call Barring
- Number display/Number block
- Call waiting
- Call forwarding
- Caller ID or CLI
- Battery Back-Up (optional refer to backup battery Clause.)
- Fax services.
Not available Features:
- Medical Services: The service is not suitable for users who require a phone line to support medical devices.
- Preselect or Override to other carriers
- Priority Assistance
- Messagebank - Some Telephone handsets come with built in answering services. These will work on NBN phone.
- Calls to numbers starting with 19/1900, 0500 or Universal International Freephone Numbers (UIFN)
Life Threatening and Unwelcome Calls
In general, unwelcome calls are unsolicited communications that, by virtue of the content, frequency or timing, are offensive or tend to menace and harass the recipient. A life threatening call is more serious and involves the use of a telecommunications service connected with an event actually or potentially perilous to human life. VeeTel has implemented appropriate processes to assist customers resolve issues of unwelcome calls and to provide assistance in life threatening situations in an efficient and expedient manner.
New number allocation and Local Number Portability
New Number allocation
If you require a new number, VeeTel can allocate this for you. The geographic number allocated to you will be based on the service delivery address that you nominate in the application process or which you subsequently advise us. The number allocated to you will be at VeeTel’s discretion. If you move the service delivery address VeeTel may be required to give you a different service number, relevant to your new service delivery address.
Local Number Portability
Local Number Portability (LNP) provides a means for customers to change their physical network connection from one carrier to another and retain their existing local telephone number(s). Porting arrangements have not been established with all carriers. Accordingly, it may not be possible to port a number to the service or away from the service. During the process of porting the number from another supplier's network to VeeTel there may be a period when the service is interrupted. If we have arranged a Port in request on behalf of the customer and this is successfully completed it is the customer’s responsibility to contact the losing provider to cancel their service with them
Battery Back-Up
For NBN Phone delivered via UNI-V, battery back-up will be supplied as an option. The battery back-up will only provide power to the UNI-V ports in case of an on-premise power outage. Depending on usage, the battery back-up can supply power to the UNI-V ports for a couple of hours after a power failure before reaching the 50% power availability level. At this point it will switch off to preserve the remaining power for emergency use only.
The back-up battery is designed only to maintain power to the voice and the data ports on the NBN Connection Box. It will not operate to supply back-up power to your handsets or to your broadband equipment. If chosen as an option, the battery has a warranty period of two years from the date of installation. Replacement of a back-up battery that has ceased to supply electrical charge will be the responsibility of the customer Note: Equipment supplied by NBN Co, including the NBN Connection Box, fibre connectors and other connectivity equipment is and always remains the property of NBN.
9.1.4 Service CoverageNBN Phone is delivered to customers using our suppliers Standard Access in particular through the NBN Co fibre access infrastructure. NBN Phone is available in selected locations with dependency on NBN rollout and our suppliers availability.
Order Withdrawal
An existing order can be withdrawn Fees may apply if the withdrawal involves late cancellation of an LNP port.
9.1.5 Service Level AgreementService Provisioning
Installation Targets:
- The Installation Lead Time Targets outlined below are subject to the ready availability and capacity of installed network infrastructure of our supplier.
- Installation target only applies if new VeeTel numbers are to be allocated to the service. Installation target does not apply if porting your number is required. An additional 5 working days may apply.
- VeeTel will use its best endeavours to adhere to the Installation Lead Times Targets.
- The Installation Lead Time Targets commence from the date of the Order Acceptance Notification.
- VeeTel may modify these leadtimes due to changes provided to us from the NBNco in respect to leadtimes.
- Third Party Access refers to any Services that are not provisioned using our suppliers owned infrastructure.
- You acknowledge that in some cases VeeTel will not be able to deliver the ordered Service by the advised Installation Lead Time Targets, due to limitations imposed on VeeTel by Third Party Service Providers.
- You must be available for appointments set by VeeTel and its contractors. In a shared building, you are responsible for ensuring that VeeTel and its contractors have access to the main distribution frame (MDF) and riser cables where required.
Lead In Times
Service Class 1
- Urban, Major/Minor Rural and remote: 30 working days
Service Class 2
- Urban: 15 working days
- Major/Minor rural and remote: 25 working days
Service Class 3
-Urban, Major/Minor Rural and remote: 7 working days
Service Assurance
Service Availability Targets:
- The Availability Targets are outlined below.
- VeeTel will use its best endeavours to adhere to the Availability Targets.
- Failure to achieve the Availability Targets does not entitle you to a rebate.
- Availability is calculated per calendar month as the total Standard Service Hours for the relevant month less any Unplanned Outages during the relevant month divided by the total Standard Service Hours for the relevant month expressed as a percentage Service NBN Phone
Availability
99%
Service Restoration Targets:
- The Service Restoration Targets are outlined below.
- VEETEL will use its best endeavours to adhere to the Service Restoration Targets.
- Service Restoration Targets are the maximum elapsed time, during Standard Service Hours, between the Customer reporting a fault to VeeTel or VeeTel responding to an alarm, and confirmation to the Customer that the Service has been restored.
- Some Non-Interrupted faults may require monitoring over a time period to effectively diagnose and resolve the problem and this will be advised to the customer as the fault is investigated.
-Urban Area
-Next Business Day
-Major Rural Area
-Second Business Day
-Minor Rural Area
-Second Business Day
-Remote Area
-Third Business Day
9.1.6 PlansAll plans are available only on direct debit through a nominated Credit Card. NBN is only available in selected coverage areas. The Installation fees are charged on your first VeeTel bill. You understand access fees are charged from the date VeeTel activates your NBN connection and one month in advance. Should you wish to withdraw your NBN Bundle plan after you have agreed to proceed with the order VeeTel reserves the right to charge a $99.00 withdrawal fee even though the connection is not complete. You are responsible for your internet use and wireless security.
Therefore VeeTel takes no responsibility for any data downloaded and/or the content stored on your computer. Please see VeeTel's postion on copyright laws. All VeeTel Internet services are subject to Acceptable Use Policy. All NBN plans cannot be used in conjunction with any other VeeTel offer. Unused downloads cannot be rolled over to a new Calendar month. Speed shaped to 256kbps when monthly download limit is exceeded. Speed will revert back to allocated NBN fast speed at the start of a new calendar month.
9.1.6 Direct DebitAll NBN plans are available only on direct debit through a nominated Credit Card. VeeTel Pty Ltd will send you a monthly invoice and will debit your credit card on the due date of your VeeTel invoice. A fee of $15.00 applies if the direct debit transaction gets rejected. If you choose to change your Direct Debit details, please contact VeeTel Customer Service on 1300 833 835.
9.1.7 New Development ChargeThe NBN New Developments Charge gets charged to the first service ordered at the Building which has been flagged by NBN as a new development location. The charge for NBN New Developments Charge is $300.00 Including GST
9.1.8 Plan/speed DowngradesIf you request to downgrade your plan or speed during your commitment period a $99.00 downgrade fee applies. The plan will take effect from the following calender month with a new 24 months commitment period.
9.1.9 Plan/speed UpgradesIf you request to upgrade your plan or speed a fee of $99.00 will apply. All upgrades will take affect from the following calender month with a new 24 months commitment.
9.2.0 RelocationsA relocation fee of $165.00 is applicable when customers change their address and/or phone number to an NBN enabled area. If the relocation is to a copper area. $165.00 relocation fee applies plus Copper connection charges of $59.00 $125.00 or $299.00 depending on previous connection at the new premises. See Line Rental Connection charges.
9.2.1 NBN Phone CancelationsCustomer must provide VeeTel a 30 notice to cancel an NBN Phone Service.
9.2.2 Internet SpeedsThe speeds depending on the Speed plan you have purchased. 12/1Mbps 25/5Mbps 50/20Mbps or 100/40Mbps. VeeTel cannot guarantee any speeds. Due to Factors out of our control the speed will differ due to the following aspects including:
- The number of equipment connected to your Wifi network, quality of hardware /software of your PC.
- Any major works or maintenance by our wholesale supplier or NBN in which it may restrict your service.
- Congestion on our wholesale supplier’s network this means our wholesale supplier may not be able to provide the consistent speeds at all times of the day,
- Downloads from overseas sites. (Some International sites will have their own traffic management per site visitor to a specific download rate. This means slower download speed on the site may be experienced) and power outages as the NBN service is connected to a Power supply.
- VeeTel does not take responsibility for any Internal or external electrical/magnetic interferences which may occur that hinders the speed and or the connection to the internet.
9.2.4 Excess usage
You must use your Internet in accordance with any limits stated in plan that you subscribe to for the use of that Service. We may limit, suspend or terminate your Internet Service if you unreasonably exceed such limits. Speed will be limited to 256kpbs once monthly Total monthly data download limit is exceeded. Speed will revert back to NBN fast speed at the start of a new calendar month.
9.2.5 NBN Intenet
NBN Intenet is suject to Acceptable Use Policy
9.2.6 Online download usage
VeeTel currently does not have an online download usage link. In the meantime if you require to check your download usage please call our friendly Customer Service representatives on 1300 833 835 between Monday to Friday 8:30am-8:00pm and Weekends 10am-5:00pm AEST. They will be able to provide you with acurrate download usage. You can also email your request to enquiries@veetel.com.au
10. Promotions
All VeeTel promotions and Specials are subject to Acceptable Use Policy
When an existing customer refers a friend to VeeTel they receive $5.00 off the total bill with every friend they refer to us. $5.00 will be credited as soon as the referred friend makes $5.00 worth of calls.
10.2 Price Match GuaranteeWith the price match guarantee promotion VeeTel will match any post paid service providers standard rates. If another Telecommunications company is cheaper we will match or beat their standard call rates as long as it is not a Calling Card or Internet Service.
10.3 Vee DaysWith Vee days you are eligible to ongoing special days. All International calls are reduced off the standard rates on a day in the month nominated by VeeTel. We announce the special day on your monthly bill. 33 cents flagfall per call applies.
10.4 One Day SpecialWith the one day special you can nominate a date in the month to receive discounted International rates to selected destinations. The date selected must be a date not a day. The 1st and 25th of the month cannot be chosen. Offer does not include international mobiles. Your special date will be visible on your monthly VeeTel bill. 33 cents flagfall per call applies.
10.5 Weekend RatesWeekend rates apply between the hours of Friday Midnight to Sunday Midnight and do not include International Mobiles. Standard rates will apply at all other times. 33 cents flagfall per call applies. All specials and promotions are not in conjunction with any other offer or special. Any promotion can be withdrawn at any time without notice.
11. Home Entertainment
11.1 OverviewVeeTel Home Entertainment is a an IPTV subscription service that provides its customers with access to a wide range of movies, television programs and other audio-visual content streamed over the internet using the VeeTel Home Entertainment set-top box and related equipment provided by VeeTel Home Entertainment (“Hardware”) connected to your television or other compatible device (“Service”). Please contact us on 1300 354 788 if you are not sure your device is compatible with the Service and the Hardware.
11.2 General11.2.1 These terms and conditions (“Terms”) contain the agreement between you and VeeTel Home Entertainment Services Pty Ltd (ACN 605 056 568) (“VeeTel Home Entertainment”) for the VeeTel Home Entertainment IPTV services provided (“Service”). By creating an account to access the Services (“Account”) you agree to be bound by these Terms and agree that these Terms supersede any prior agreement you have with VeeTel Home Entertainment.
11.2.2 These Terms incorporate:
- your Account details, which includes details of your subscription package;
- these Terms;
- the critical information summary provided to you upon creation of your Account;
- our Website Terms and Conditions; and
- our Privacy Policy.
11.2.3 You warrant that you are over 18 years of age and legally entitled to enter into an agreement with VeeTel Home Entertainment, have a valid email address and have a valid credit/debit card with an Australian residential billing address.
11.2.4 VeeTel Home Entertainment reserves the right to change the Terms on giving you 30 days’ notice. Your continual use of the Service after the Terms have been amended will be evidence of your agreement to the changes. If any such change has a materially detrimental effect on you, you may cancel your subscription in accordance with clause 8.2 below.
11.2.5 References to “you” or “your” means both you and any other individuals you let use the Service and Hardware. References to “we”, “us” or “our” means VeeTel Home Entertainment Services Pty Ltd and/or one or more of its corporate affiliates.
11.3 Membership11.3.1 Your Account will continue:
- in the case of fixed-term contracts, until the expiration of the term stipulated in your Account summary and thereafter month-to-month until terminated in accordance with clause 8; and
- in all other cases, month-to-month until terminated in accordance with clause 8.
11.3.2 To use the Service you must be at least 18 years old, have internet access and a compatible device, and you must provide us with a current, valid, accepted method of payment (“Payment Option” specified in clause 4.4) and pay the monthly Service Fee in accordance with clause 4.
11.3.3 You agree to provide us with proof of your identity if we reasonably ask you to do so from time to time.
11.3.4 You are responsible for installation of the Hardware
11.4. Charges & Billing11.4.1 Service Fee
By creating your Account and providing us with details of your Payment Option, you authorise us to charge to your Payment Option a Service Fee in accordance with this clause 4.
11.4.2 Prices
- Details of the pricing for the Service including any surcharges, late payment fees, fees in relation to the Hardware (including fees incurred in relation to the replacement of, or damage to, the Hardware) or any other additional fees (“Service Fee”) can be viewed on the Critical Information Summary provided to you when your Account was setup. You agree to pay all applicable Service Fees.
- All prices are inclusive of GST.
- We may increase the Service Fee at any time by giving you at least one calendar months’ notice except where such increase is required by law or any regulatory authority (in which case we will try to give you reasonable notice).
11.4.3 Billing cycle
- You will be charged the Service Fee monthly in arrears. We will continue to automatically charge the Service Fee to your Payment Option on the same day in every month (“Due Date”) unless and until you cancel your subscription. If the Due Date does not fall in a particular month we will charge you on the next day that is not a Saturday, Sunday, public holidat or bank holidate (“business day”).
- You agree to pay all invoices by the Due Date. If any of the bills are not paid in full within 30 days from the Due Date we may refer you to our collections agency to take necessary legal action to recover the debt. This may also affect your credit rating. You will be liable for all reasonable collection costs (including our legal fees) we incur to collect the amount outstanding, or to recover Hardware or any other equipment unless we otherwise agree.
11.4.4 Payment Options
- You must pay your Service Fee by direct debit from your credit/debit card (or such other Payment Option as we agree from time to time) in accordance with clause 4.3. For certain Payment Options, the issuer of your Payment Option may charge you a fee. Check with your Payment Option service provider for more details.
- You can change your Payment Option by calling us on 1300 354 788. If a payment is not successfully settled due to expiration of the Payment Option, insufficient funds, or otherwise and you do not change your Payment Option or cancel your Account, we may suspend your access to the Service until we have obtained a valid Payment Option.
11.4.5 Billing disputes
If there is a dispute and in our opinion you have a reasonable claim or dispute with an invoice, we will suspend our collection or recovery processes on any disputed amount until a resolution on your claim or dispute has been settled in accordance with clause 10. We aim to resolve invoice disputes within 21 business days. You will not have to pay any disputed amount which you have genuinely disputed in accordance with this clause unless, and until, the disputed amount is resolved in our favour. We will refund any amount that you successfully dispute.
11.5 Use of the service11.5.1
Any damage to the Hardware caused by your misuse or mistreatment will incur additional charges as set out in the Critical Information Summary. In this regard, you must:
- use the Hardware in accordance with any manuals or instructions we give you;
- keep the Hardware in good condition at all times (subject to fair wear and tear); and
- notify us of the loss of, any damage to, or faultiness in, the Hardware.
- Hardware Warnings and Details:
Includes:
- A DV8-T/IP TV Set-top Box, +12V DC 1500mA (Please refer warning instruction at the back of the Terminal)
- A wall-plug type power supply: in 100-240VAC 50/60Hz 0.7A, Out : +12V ---- 1500mA min (This power supply should not be replaced except in exceptional case with the agreement and components provided by VeeTel/Flip TV.
- Remote control
- Ethernet cable 3m
- HDMI 1.5m
- User manual
Security warning:
- Allow a minimum area around each side of the Set-top-box for cooling and install it on a firm and flat surface.
- Do not incert foreign objects like newspapers, tablecloths, curtains in openings and connectors of the set-top-box
- Do not connect too many electrical devices on the same power plug. This could result in a power surge and potential fire or electrical shock
- To unplug the power supply, do not pull the power cord, but manipulate the plug itself. The plug must be properly introduced in your wall plug. Improper installation can cause electrical shock and accidential fire.
- Power supply adoptor is used sd power-off device and shall be left accessible
- The device must be not exposed to dripping or splashing and moreover no objects filled with liquids, such as vases, should be placed close to it.
- Do not place naked flames sources, such as lit candles near the set-top-box
- Keep set-top-box away from domestic heating equipment, direct sunlight or humidity
- Remote control installed battery shall not be exposed to excessive heat such as sunshine, fire or the like. It must be replaced with same battery type.
- Do not throw batteries to househol refuse. Watch to arrange them in places planned for that purpose.
- Always use the set-top-box in a temperature range between 0-45°C.
11.5.2 The Service and its content is for your personal and non-commercial use only. VeeTel Home Entertainment grants you a limited, non-exclusive, non-transferable, license to access the Service and its content on a streaming-only basis. Otherwise, no right, title or interest shall be transferred to you. You agree not to use the Service for public performances or commercial use.
11.5.3 You must only use the Service and view its content in accordance with our reasonable instructions and all applicable laws, rules, regulations and other applicable restrictions.
11.5.4 Subject to clause 5.6, you agree not to archive, copy, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these Terms ) any content and information accessed through the Service. You must not remove any of VeeTel Home Entertainment’s or our content partners and licensors’ proprietary notices from the content on the Service or the Hardware.
11.5.5 You must not attempt to circumvent, remove or alter the digital rights management and anti-piracy measures utilised by VeeTel Home Entertainment or its content partners and licensors.
11.5.6 For the avoidance of doubt, nothing in these Terms affects your ability to record any free-to-air TV channels whether accessed through the Service or not or any of the VeeTel Home Entertainment channels using the personal digital recording (“PDR”) functionality of the Hardware (if applicable). The PDR function (if applicable) is a temporary recording function only. Any programme you have recorded may be erased from the Hardware from time to time and we will not be liable to you whatsoever for any such erasure
11.5.7 VeeTel Home Entertainment makes no representations or warranties regarding the content available on the Service and you acknowledge that the content may change from time to time and without notice. No refund will be given in relation to content unavailability unless this has a materially detrimental effect on you in which case you may terminate your Account in the manner set out in clause 8.2.
11.5.8 You acknowledge that VeeTel Home Entertainment may need to update its software from time to time. You acknowledge that if you decline to upgrade the software, the Service may no longer be available to you. VeeTel Home Entertainment will not be liable to you whatsoever for your failure to upgrade the software. Furthermore, VeeTel Home Entertainment will not be liable for any outages in the Service resulting from such upgrades.
11.5.9 You acknowledge that the use of the Service may require third party software that is subject to third party licences. Your use of this third party software may be subject to third party terms of use or licence terms.
11.6 Connection Limitations11.6.1 VeeTel Home Entertainment is an IPTV service which requires an internet connection for the Service to work (with a line bandwidth of at least 3 Mbps for the Service to run efficiently viewing standard definition content).
11.6.2 You acknowledge that the Service may not be available in all circumstances and involves significant internet usage. The Service Fee does not include any charges you are separately charged by your internet service provider (“ISP”) for internet usage. VeeTel Home Entertainment does not accept any liability for services which do not meet this criteria.
11.6.3 You further acknowledge that your ability to stream content using the Service is affected by various factors including your device, internet connection, other tasks your device is simultaneously performing and your ISP’s network traffic at the time you are streaming using the Service.
11.6.4 VeeTel Home Entertainment makes no warranties or representations about the quality of your viewing experience or the time it may take to commence or resume viewing, nor that your viewing experience will be seamless or uninterrupted.
11.6.5 You agree you are solely responsible for internet usage or access charges and we will not be liable for default or failure to perform our obligations under these Terms resulting from your internet connection or from any other cause beyond our reasonable control. VeeTel Home Entertainment does not take any liability for excess usage and/or charges you may incur from your third party ISP. We highly recommend that your internet service be an unlimited plan.
11.7 ClassificationVeeTel Home Entertainment will provide classification information as required by law with each piece of applicable content available on the Service. You are responsible for ensuring that MA15+ classified content and R18+ classified content is only viewed or accessed by persons 15 years and over and 18 years and over respectively.
11.8 Termination & Suspension11.8.1 Subject to clause 11.8.2, you can terminate the Service by contacting us by telephone on 1300 354 788. In this case, cancellation is effective at the end of the current monthly subscription period and your Account will be closed and your access to the Service will be disconnected from this date. If you terminate the Service before the expiration of the term of a fixed term contract, you must pay the Service Fee for the remainder of the term as stipulated in your Account summary.
11.8.2 You can terminate the Service if any changes to these Terms have a materially detrimental effect on you by notifying us within 14 days of the date on which the changes are made. Your cancellation will be effective as of the date of the change to these Terms and notwithstanding anything to the contrary in these Terms you will receive a pro-rata refund for any amount already paid to us in respect of any period after that date.
11.8.3 We may suspend, restrict or cancel the Service immediately and without notice at any time if:
- you do not comply with these Terms;
- any payments you owe to us have not been paid within 30 days of their due date;
- you improperly use the Hardware;
- there is a failure of the Hardware or the Hardware requires maintenance or modification;
- an authority, such as the ACMA, requests us to do so; or
- you use the Service other than for private, non-commercial use, or in a way that is inconsistent with these Terms or the requirements of our content partners or licensors.
Otherwise, VeeTel Home Entertainment may only suspend, restrict or cancel the Service on 7 days’ notice to you.
11.8.4 If we suspend your Account, you will still remain liable for all Service Fees during the suspension period.
11.8.5 You must return the Hardware to us by registered post within 14 days after cancellation of your Account. The return of the Hardware is at your own cost unless we otherwise agree. If you fail to return the Hardware, we may take legal proceedings to recover the Hardware or charge you an unrecovered equipment fee in accordance with the Critical Information Summary for each item of Hardware you do not return.
11.9 Intellectual PropertyVeeTel Home Entertainment” is a registered trademark of VeeTel Home Entertainment Holdings Pty Ltd (ACN 605 110 852). VeeTel Home Entertainment Holdings Pty Ltd’s graphics and logos are trademarks of VeeTel Home Entertainment Holdings Pty Ltd. VeeTel Home Entertainment’s trademarks may not be used in conjunction with any product or service other than the Service. All other trademarks that appear on the Service or VeeTel Home Entertainment’s website that are not owned by VeeTel Home Entertainment Holdings Pty Ltd are the property of their respective owners.
11.10 ComplaintsIf you have any concerns about the Service, you should contact us immediately on 1300 354 788. We will endeavour to resolve any problem or complaint you have as quickly as possible.
11.11 Liability11.11.1 These Terms do not exclude, restrict or modify any rights that you have under any existing laws or regulations and codes, including without limitation the Competition and Consumer Act 2010 (Cth).
11.11.2 You indemnify VeeTel Home Entertainment and its shareholders, directors, officers, employees, suppliers, content partners and licensors (each an “indemnified party”) from and against any loss, damage, liability, costs, expenses or other liability the indemnified party suffers or incurs arising out of or in connection with any claim or demand against the indemnified party by you or any person other than you, which arises from or is connected with:
- our supply, suspension, restriction or cancellation of the Service or your Account;
- your use of the Service;
- any errors, viruses or bugs present in or arising from your use of the Service that are not directly caused by or attributable to us;
- any incompatibility of the Service with any other software, hardware or material on your viewing device; or
- any damage to your property or your own equipment,
Unless the loss, damage, liability, cost, expense or other liability is caused by the relevant indemnified party’s wilful default, negligence or breach of these Terms.
11.11.3 To the extent permitted by law, including the Australian Consumer Law, VeeTel Home Entertainment does not accept any liability for any content provided by third parties as part of the Service or for any product or service advertised, promoted, offered or sold by third party service providers for use in connection with the Service or otherwise. While we will make efforts to ensure that the information contained in or on the Service is as accurate as possible, to the extent permitted by law, including the Australian Consumer Law, we do not accept any liability and make no representations or warranties in relation to the accuracy or completeness of the information contained in the Service.
11.12 Personal Information11.12.1 VeeTel Home Entertainment ensures that we only use your personal information in accordance with the Privacy Act 1988 (Cth).
11.12.2 VeeTel Home Entertainment collects, stores, uses and discloses personal information about you including your name, address, contact details and Payment Option information in accordance with our Privacy Policy.
11.12.3 You acknowledge and agree that VeeTel Home Entertainment may collect information relating to programming or advertising or other services viewed, used or accessed by you via the Service when you or anyone else uses the Service as set out in our Privacy Policy. Where that information is capable of identifying you, we will handle that information in accordance with our Privacy Policy
11.12.4 By creating an Account, you consent to us collecting, storing, using and disclosing your personal information in accordance with our Privacy Policy. You may obtain a copy of the Privacy Policy by calling us on 1300 354 788 or it can be found by clicking here.
11.13 General11.13.1 You may not transfer, assign or novate your rights under these Terms are to any person, firm or company without VeeTel Home Entertainment’s prior written consent. VeeTel Home Entertainment may transfer, assign or novate its rights and obligations to any party in its absolute discretion.
11.13.2 These Terms are governed by the laws of New South Wales, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales.
11.13.3 VeeTel Home Entertainment may notify you of something under these Terms using electronic communication (including sending notice to your email account or by publishing the notice to our website). It is your obligation to ensure all information you have provided to us is up to date.
11.13.4 If any part of these Terms is invalid or unenforceable, these Terms do not include it. The remainder of these Terms continue in full force.
11.13.5 VeeTel Home Entertainment’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.