FAIR USE POLICY

The Phone Business plans offers special discounts and privileges to customers so a fair use policy exists to prevent abuse and ensure the quality of the service.

All Phone Business plans are subject to an excessive usage clause. Excessive usage is determined by Phone Business Pty Ltd. It can be applied when:

• The number of calls made exceeds acceptable averages
• The number of any particular types of call made deviates significantly from typical usage patterns
• Services are shared or used unusually by parties other than the registered user(s)
• Services are on-sold to other parties for any sort of financial gains.

Customers may not attach any non-standard telephony devices to telephone lines or use this service for anything other than normal telephony services.

Use of auto-dialers is prohibited on Phone Business lines.

Phone Business Pty Ltd reserves the right to remove customers from any plan should it be deemed that the customer in some way breached the above conditions.

TERMS & CONDITIONS

Please read all information contained within our Terms and Conditions before accessing the information and services offered through our Phone Business website (“Site”). By using the Phone Business website, you are bound by, and agree to all of the Terms and Conditions set out below.

Phone Business reserve the rights to modify this agreement accordingly, if circumstances change outside of our immediate control, such as Manufacturers increasing their prices, or if stock becomes unavailable.

All material contained on this website is owned by Phone Business ABN 51 083 090 162 unless otherwise indicated.

CALL RATES AND SERVICES

Phone Business ABN 51 083 090 162 will supply telecommunications services ("Services") on the following terms and conditions.

• Services will be supplied to you through network operators ("Carriers") nominated by us and you agree that we may change Carriers at any time without reference to you. You hereby authorise us to notify any relevant Carrier to effect any such change.


• Phone Business do not warrant that we will be able to supply the Services and you acknowledge that we will only be able to supply the Services to the extent and to the standard that Carriers provide Services to us. We will not be liable for any failure to supply you with all or any part of the Services and you acknowledge that if the agreement between us and the Carrier is terminated and a Carrier agrees to arrange supply of Services to you, the Carrier may not be able to make those arrangements immediately and if any are made they will be on the Carrier’s current retail terms and conditions.


• If you transfer services to us from another supplier, you must immediately pay amounts owing to that supplier and you authorise us to instruct that supplier on how to transfer the services.


• Phone Business will not be held responsible for any undue delays or problems associated with Telstra in the provisioning of Services.


• You will pay our current charges (including charges of any suppliers to us) from time to time for the Services we provide to you (including calls made using the 1488 access code however used, including by preselection) and our invoices must be paid by the due date specified on your account.


• If we transfer the Services to another supplier, you must pay us all our charges up to date of transfer.


• Phone Business may pay to a retailer/dealers stated in your application (or any other person) a commission.


• If you do not pay an account by the due date then we may charge interest at the rate of 1.5% per month or part thereof on the outstanding amount of the account, suspend all or part of your Services pending payment of all outstanding amounts including interest and to adjust the prices you pay for the Services.


• You will be liable for all reasonable collection costs (including legal fees) we incur to collect the amount outstanding.


• The Carrier may be entitled to claim payment from you of any amount under our contract unpaid by the due date on the same terms and conditions we can claim payment from you.


• All charges associated with the provisioning or removal of Telstra Services will be charged by Phone Business to the Customer.


• Phone Business may vary, alter, replace or revoke any of these Terms and Conditions effective 14 days after written notice to you.


• You undertake that you have provided us with all information which may be relevant to our assessment of your credit rating. You agree that, for the purpose of assessing your credit rating, we may obtain a credit report from a Credit Reporting Agency which contains personal information about you and seek information about your credit history from any credit provider named in such report on you application.


• You agree that Phone Business Pty Ltd may exchange information with those credit providers named in a consumer report issued by a credit reporting agency for the following purposes; to assess an application by me/us for credit; to notify other credit providers of a default by me/us; to assess my/our credit worthiness. I understand that the information exchanged can include anything about my credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988. Phone Business Pty Ltd may give information about you to a credit reporting agency, this information is limited to:


• The fact that Phone Business Pty Ltd is a current credit provider to you.


• Loan repayments which are overdue by more than 60 days, and for which debt collection action has started.


• We exclude all statutory and tortious liability to you and any conditions or warranties implied by law or statute, and liability for all direct, economic, consequential or indirect losses, expenses, damages and costs incurred by you arising out of or relating to the Services or any failure to supply or delay in supplying the Services, except where to do so would contravene a statute or cause any part of this clause to be void.


• Our liability to you for breach of any condition or warranty is limited at our option to resupplying the Services or refunding the price of the Services, and you acknowledge that the liability of any Carrier to you in relation to the Services is governed by the terms and conditions on which that Carrier from time to time supplies that services to its own retail customers.


• You warrant that all information on your application is true and correct.


• This agreement commences when you sign the application and may be terminated by either of us on one month’s written notice. We may terminate this agreement immediately if you have breached this agreement. You cannot assign your rights under this agreement without our consent, but we can assign our right without your consent.


• You agree to provide us with all information which we may request from you in connection with supplying the Services to you and consent to us exchanging information about you with any Carrier. You agree to keep confidential all information supplied by us and expect as required by law or this agreement we will keep confidential all information supplied by you.


• Any person signing this agreement on behalf of another warrants that they have power and authority to bind the other person in respect of this agreement.


• This agreement shall be governed by 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.


• Words not defined in these terms and conditions have the same meaning as in the Telecommunications Act 1997.