Long Distance Only Terms & Conditions

1. Westnet Phone Service

1.1 Westnet will utilise a ‘preselection’ process to supply national long distance, fixed to mobile and international phone calls on fixed phone lines in Australia.

1.2 Preselection is the allocation of a telephone service provider to automatically charge a customer for the following call types unless another service provider's override code is used to prefix a specific call:

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; and
3. Fixed to mobile calls - calls made to digital or CDMA mobile numbers beginning with 04. (together hereinafter referred to as “Call Types”)

1.3 The Customer acknowledges that Westnet does not control each network providing the Phone Service and accordingly, Westnet does not represent or warrant that calls of these types will be successfully connected.

2. Service Provision

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

1. receipt of an appropriate application form;
2. compliance with Westnet credit requirements; and
3. establishment of a direct debit or credit cardauthority.

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;
2. Westnet is unable to supply or provide the Phone 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 a Government Agency or pursuant to any law.

2.3 In the event of a termination or suspension of the Phone 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 due and payable to Westnet.

2.4 The Customer acknowledges that Westnet cannot and does not represent or warrant that the provision and delivery of the Phone 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 Phone Service.

3. Westnet Obligations

3.1. Westnet will:

1. preselect the fixed phone telephone line(s) for the Customer and use its best endeavours to supply and deliver the Phone Service in accordance with this agreement;
2. supply the Customer with a monthly bill for all charges incurred by the Customer in the preceding month. 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
3. provide the Customer access to online tools, 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 Phone Service by any person;
3. ensure that the Phone 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 Phone Service is no longer required; and
7. indemnify Westnet in full for any loss or damage it may incur, direct or indirect and howsoever arising from the use of the Phone Service by the Customer.

5. Accounts

5.1 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 that they are published on the Westnet website.

5.2 The Westnet preselection 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.

5.3 The Customer acknowledges that 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.

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

5.5 The monthly Westnet account of any Customer will include a separate invoice for each service supplied by Westnet. All Phone Service accounts will include a summary of each type of phone call listed in clause 1.2.

5.6 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. may elect to include call itemisation on the Phone Service account.

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

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

5.9 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.

5.10 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.

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

6. Disputes

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

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

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

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

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

7. Line Transfer

7.1 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.

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

7.3 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.

7.4 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.

8. Period, Alteration and Law of Agreement

8.1 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.

8.2 The Customer acknowledges and accepts that 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 you prior to any such alteration being made.

9. Liability & Indemnity

9.1 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 Phone Services.

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

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

9.4 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 Phone Services to the Customer are excluded.

9.5 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.

9.6 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 option to the reimbursement for the cost of supplying the initial Service.

9.7 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.

10. Miscellaneous

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

10.2 A current copy of this agreement may be obtained on the Westnet website.

10.3 Prior to entering into this agreement, the Customer represents and warrants to Westnet that the Customer has read, understood and agrees to be bound in full by this agreement and the Westnet General Terms and Conditions

10.4 This agreement is to be governed and construed according to the laws in force in Western Australia.