Business Phone Terms & Conditions

1. Westnet Full Phone Service

1.1 Westnet agrees to supply and the Customer agrees to subscribe to receive, the Westnet Full Phone Service (the "Service") on the Terms & Conditions contained in this Agreement.

1.2 The Service will include Customer phone line rental and any other additional products subscribed by the Customer from time to time.

1.3 The Service will permit the Customer to make and receive all calls normally available to be made using the telephone circuit and associated facilities installed and operated by the Wholesaler (the "Facilities"). This includes:

1. National long distance calls - calls made to any number within Australia with an Australian area code which are not in the calling party's local call charging zone,
2. International calls - calls made to numbers with a prefix of 0011 + country code,
3. Fixed to mobile calls - calls made to digital or CDMA mobile numbers beginning with 04. (together hereinafter referred to as "Call Types"),
4. Untimed local calls - calls to numbers beginning with 1800, 1300 and 13; calls to premium rate services and directory assistance services; and
5. any other numbers and/or products which may become available from time to time.

Note: Customer access to the Service must be via a line preselected by Westnet.

1.4 The Service does not include any calls which use an override code (e.g. numbers beginning with 1414).

1.5 The Customer can only receive the Service from Westnet on a phone line specified in the appropriate application form.

1.6 The Customer acknowledges Westnet does not control the network providing the Service. Accordingly, Westnet does not represent or warrant:

1. any calls made using the Service will be successfully connected; or
2. there will be no delays in the Customer being able to access and/or use the Service.

2. Service Provision

2.1 Westnet may provide the Service to the Customer upon satisfaction of the following:

1. receipt of an appropriate application form and, if required, a transfer authority,
2. compliance with Westnet credit requirements; and
3. establishment of a direct debit or credit card authority.

2.2 This Agreement may be suspended or terminated by Westnet, in its sole discretion, if at any time during the term:

1. the Customer is in breach of any term of this Agreement, including clause 4.3,
2. Westnet is unable to supply or provide the Service,
3. Westnet believes, based on information provided by the Customer, that current or future amounts owing may be left unpaid by the Customer; or
4. Westnet is advised to do so by the Wholesaler or any Government Agency or pursuant to any law.

2.3 In the event of a termination or suspension of the Service:

1. Westnet shall, where possible, provide the Customer with reasonable written notice of the event and the grounds upon which it is based; and
2. all monies owing to Westnet by a Customer as at the date of termination or suspension will immediately be due and payable to Westnet.

2.4 The Customer acknowledges Westnet cannot and does not represent or warrant the provision and delivery of the Service will be error free or uninterrupted.

2.5 Westnet may obtain a copy of the credit record of the Customer from a credit reporting agency for the purpose of determining whether to provide the Service.

3. Westnet Obligations

3.1 Westnet will use its best endeavours to supply and deliver the Service in accordance with this Agreement and, in particular, to:

1. preselect the fixed phone telephone line(s) for the Customer,
2. transfer the relevant line rental and local call components for the Customer,
3. supply the Customer with a monthly bill for all call charges incurred by the Customer in the preceding month. All line rental and other product charges associated with the Service are billed one month in advance. All accounts will be emailed to the Customer on the 1st of each month and can later be viewed online in the 'MyAccount' section of the Westnet website; and
4. provide the Customer access to all online tools that may become available from time to time, including call monitoring.

4. Customer Obligations

4.1 The Customer will:

1. pay all charges presented in the Westnet account,
2. ensure no misuse of the Service by any person,
3. ensure the Service is not used to transmit offensive, abusive, indecent, illegal, menacing, defamatory, illegal or hoax material or otherwise in the commission of any breach of any law,
4. comply with all relevant laws pertaining to the use of telecommunications services in Australia,
5. notify Westnet of any change of physical or contact address,
6. notify Westnet if the Service is no longer required,
7. indemnify Westnet in full for any loss or damage it may incur, direct or indirect and howsoever arising from the use of the Service by the Customer,
8. direct all questions in relation to the Service to Westnet directly and to avoid the Wholesaler,
9. be solely responsible for all charges billed prior to the date upon which the Customer is able to access the Service and shall indemnify and hold harmless Westnet in respect of all such charges,
10. ensure the Wholesaler has reasonable access to the premises of the Customer to install, inspect or maintain the Facilities; and
11. engage Westnet as its exclusive supplier for line rental and for all long distance calls (including calls to mobiles).

4.2 If, at any time whilst this Agreement is in force, the Customer elects to engage a third party to supply the Service, Westnet may elect to countermand such a decision and revert supply of the Service to the Customer back to Westnet. In such an event, Westnet will use reasonable endeavours to notify the Customer of its decision.

4.3 The Customer agrees that, to the extent the Telstra Standard Form of Agreement includes provisions related to the Service which are not incorporated in this Agreement and which are not inconsistent herein, such terms and conditions shall be incorporated into this Agreement and the Customer bound accordingly.

5. Westnet Rights

5.1 Westnet (and/or the Wholesaler) may amend the technical specifications of the Service at any time for operational reasons. Westnet will use its best endeavours to provide the Customer with prior notice of any such changes that may have a significant detrimental impact upon the use of the Service by the Customer. The Customer agrees and accepts Westnet may be unable to provide such prior notice.

6. Accounts

6.1 All fees and charges relating to the Service are available on the Westnet website at: http://www.westnet.com.au/products/phone/. These fees and charges may be varied by Westnet at its discretion at any time and any altered charges will apply to the Customer from the time they are published on the Westnet website.

6.2 The Service is only intended for Call Types. All calls made using Westnet's override code to local numbers will incur additional charges of 10 cents per minute.

6.3 The Customer acknowledges due to processing and other delays certain calls may not appear in a Westnet account from the previous month. Any such calls not appearing in a monthly account will be carried over to the next monthly Westnet account.

6.4 All Westnet accounts must be paid automatically by credit card or direct debit.

6.5 The monthly Westnet account of any Customer will include a separate invoice for each Service supplied by Westnet. All Service accounts will include a summary of each type of phone call listed in clause 1.3.

6.6 Any Customer who elects to receive their monthly account by post:

1. will incur an additional administration charge of $3.30 per statement; and
2. cannot receive call itemisation on its Customer Service account.

6.7 The Customer can access details of all calls listed in an account on the MyAccount pages on the Westnet website.

6.8 The Customer agrees any and all data collected by Westnet suppliers and provided to Westnet shall constitute conclusive evidence of Service usage and the charges payable.

6.9 Where a Westnet account of the Customer remains overdue for more than one calendar month, Westnet may consider such non-payment a material breach and repudiation by the Customer of its obligations under this Agreement and will be entitled to terminate this Agreement immediately and without further notice to the Customer (“Customer Default”). Upon a Customer Default, all sums paid by the Customer to Westnet prior to the date of termination will become non refundable and all amounts owing to Westnet shall become immediately due and payable.

6.10 Upon a Customer Default, Westnet may appoint an agent to proceed with legal action to recover unpaid monies owed to it, including any interest. All liability for any collection costs and/or legal fees or other amounts arising from such action will be the sole responsibility of the Customer who agrees to reimburse Westnet for all costs incurred by it on an indemnity basis.

6.11 The Customer acknowledges Westnet may, in its sole discretion and at any time, suspend or restrict access to the Service due to unusually high usage.

7. Disputes

7.1 If a Customer seeks to dispute an account, the Customer must submit written details of the dispute to the Westnet customer service team ("Dispute").

7.2 Westnet will issue a Customer lodging a Dispute a reference number within seven (7) days of receipt and will use its best endeavours to investigate and resolve the Dispute within thirty (30) days. Westnet will notify the Customer lodging the Dispute of the outcome of its investigations when they are complete.

7.3 Where a Dispute is upheld, Westnet will issue to the Customer a revised account, including all appropriate adjustments.

7.4 All undisputed amounts of any account must be paid in full when due, notwithstanding the existence of a Dispute.

7.5 If a Customer is unsatisfied with the outcome of a Dispute they may refer the Dispute to the Westnet Accounts Team Leader.

8. Line Transfer

8.1 All Call Types will, if relevant, be supplied by the current pre-selected service provider retained by the Customer until the transfer process is completed by Westnet.

8.2 The Customer will remain liable to pay any current service provider for Call Types made prior to the line being transferred to Westnet.

8.3 If a Customer seeks to have Call Types provided by a third party, such third party shall assume responsibility for completion of the transfer process.

8.4 The Customer will remain liable to pay Westnet all amounts incurred for the provision of Services under this Agreement until the relevant line has been pre-selected to another service provider or the Service disconnected.

9. Period, Alteration and Law of Agreement

9.1 This Agreement will commence when the line has been pre-selected to Westnet and continue on a monthly basis until the telephone line is transferred away from Westnet or the Agreement is terminated in accordance with the terms herein.

9.2 The Customer acknowledges and accepts Westnet may be required to alter the terms of this Agreement to ensure compliance with various laws including, but not limited to, Part 23 of the Telecommunications Act (Cth) 1997. Westnet will use its best endeavours to notify the Customer prior to any such alteration being made.

10. Liability & Indemnity

10.1 The Customer agrees to the fullest extent permitted by law, to indemnify and hold harmless Westnet and its employees, contractors, agents and directors in full, from and against any and all liabilities, claims, losses, damages, penalties, actions, judgments, suits, costs or expenses of any kind arising directly from a breach of this Agreement by a Customer and/or use of the Service.

10.2 Westnet does not represent or warrant to the Customer that Services will be free of blockages or delays. The Customer agrees it will not hold Westnet responsible for any loss or damage to it, howsoever arising from any blockages and delays or other loss of Services under this Agreement.

10.3 Westnet will use its best efforts to correct any faults reported to it at its earliest convenience.

10.4 Unless expressly stated in this Agreement, all implied terms, conditions, warranties, undertakings, inducements and representations, statutory or otherwise, relating to the provision by Westnet of the Services to the Customer are excluded.

10.5 The Customer will not seek to hold Westnet liable in respect of any loss or damage (including consequential loss or damage) however caused and howsoever arising which may be suffered or incurred by a Customer or which may arise directly or indirectly in respect of this Agreement.

10.6 The liability of Westnet in respect of any breach of this Agreement or under any remedy implied by law (which cannot be excluded) will be limited at the option of Westnet to the reimbursement for the cost of supplying the initial Service.

10.7 Westnet assumes no liability to the Customer or any third party in respect of:

1. unlawful acts or default of other suppliers, unless those suppliers (including contractors) have been engaged by Westnet for the purpose of supplying or maintaining a Service,
2. faults or defects in Services caused by Customer conduct or misuse,
3. faults or defects that arise in telecommunication services provided to a Customer other than under this Agreement (even if they are connected with Westnet's consent to services which Westnet has arranged under this Agreement) which may be due to incompatibility with Westnet Services; and
4. any loss or damage (including consequential loss or damage) however caused that may arise directly or indirectly in respect of the Services.

11. Miscellaneous

11.1 All notices to be delivered under this Agreement must be in writing and sent by post, email, facsimile or hand delivery.

11.2 A current copy of this Agreement may be obtained on the Westnet website.

11.3 Prior to entering into this Agreement, the Customer represents and warrants to Westnet that the Customer has read, understands and agrees to be bound in full by this Agreement and the Westnet General Terms & Conditions.

11.4 This Agreement is to be governed and construed according to the laws in force in Western Australia.

12. ISDN Home

12.1 Whilst Westnet does not offer an ISDN Home service, in the circumstance that an ISDN Home service is transferred to Westnet, the following charges will be in addition or override any plan selected at sign up.

12.2 The Customer acknowledges:

1. Any calls made to 0198 from their ISDN Home service will be charged at 30c per hour (calculated at per minute rate), per digital line (inc. GST),
2. Local calls will be charged at 22c as a minimum charge up to the first five (5) minutes, and then charged at 4c per minute thereafter,
3. All other call charges are as per the Home Phone Lite plan,
4. The monthly access charge of an ISDN Home service will be charged at $47.90 (inc. GST),
5. If the Customer's Service currently has the 'ISDN Internet plan', this may be transferred with their Service and billed at $16.50 per month; Westnet is not able to offer the unlimited 0198 (internet dialup data calls) that is associated to that plan.  We recommend contacting Westnet to have this service removed; and
6. Any Data Calls made via other means (excluding 0198) will be charged at the standard Data Call rate as defined in Schedule 3 of the Westnet ISDN Terms & Conditions.

Westnet Business Phone Extra Fair Use Policy

1. Fair Use Policy

The Westnet Business Phone Extra reasonable and fair use policy ("Fair Use Policy"):

1. outlines the background to the Fair Use Policy,
2. describes what Westnet considers to be abuse of Westnet services; and
3. details how Westnet will respond to a Customer breach of the Fair Use Policy.

2. Introduction

Westnet would like for all of its Customers to have reasonable use of its Service and wishes to extend every possible consideration to each Customer to ensure the best possible service for all. The Fair Use Policy is intended to ensure Customers do not use the Westnet Business Phone Extra Plan in an excessive, unreasonable or otherwise unacceptable manner.

3. Compliance

Westnet will deal quickly and decisively with instances of abuse of the Service, including account termination.

4. Examples of 'unreasonable use'

The following activity is a non-exhaustive example as to what constitutes "unreasonable use":

1. A Customer may not exceed average call duration of over thirty (30) minutes for Long Distance calls calculated over a billing month.

5. Consequences of Breach

5.1 If Westnet is of the view a Customer is in breach of the Fair Use Policy, it will notify the Customer in writing. If Westnet is not satisfied the Customer is in compliance with the Fair Use Policy (or has not otherwise remedied the breach) within thirty (30) days from the date of such notice, Westnet may limit the right of the Customer to use the Westnet Business Phone Extra Plan or switch the Customer to another Westnet Service.

5.2 If Westnet determines a Customer has signed up for the Business Phone Extra Plan Service for the purpose of abusing the Westnet service, the account may be cancelled, suspended or terminated immediately without notice or refund.

6. Miscellaneous

6.1 Westnet may change, alter and or amend the Fair Use Policy from time to time on its website.

6.2 The Customer agrees it is obliged to keep updated on changes to the Fair Use Policy and any changes to the Fair Use Policy will be effective immediately upon being posted on the Westnet website.

6.3 The Fair Use Policy is to be considered as part of the Terms of Service for the Westnet Business Phone Extra Plan, including the Westnet General Terms & Conditions.

6.4 Westnet retains the sole and unfettered discretion to determine what comprises 'unreasonable use' in respect of any issue arising in relation to the Fair Use Policy.