This version of the summary of the Standard Form of Agreement was superseded on 3 April 2007.
This is a summary of Websecure’s Standard Form of Agreement (“SFoA”). The SFoA is a Standard Form of Agreement under section 479 of the Telecommunications Act 1997 (“the Act”).
The SFoA sets out the terms and conditions under which Websecure (“we”, “us”, “our”) provides certain products and services to its customers (“you”, “your”). Under the Act, the SFoA binds new customers, even if they do not have a copy of it, or have not read it. The current version of the SFoA and this summary are available from our website (www.websecure.net.au) or from any of our offices.
This is only a summary of the SFoA. It does not fully describe all of your rights and obligations or those of Websecure. It is provided only for your information and has no legal effect. For full detail, please refer to the complete SFoA and other documents relevant to your contract.
Some products or services may have special terms and conditions which are not necessarily covered in the SFoA. These terms and conditions were agreed with you when you purchased the product or service and may be indicated in the application forms, other product documentation or product packaging. You are also bound by our Acceptable Use Policy.
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Charges
The charges are detailed in the agreement you made with us and are also available on our website (www.websecure.net.au). You may also obtain a copy from any of our offices.
You are responsible for all charges incurred through use of the service, even if it was not you that used the service.
If you continue to use the service after the expiry date, we may charge you for an additional period of service.
We may change call prices at any time without notice. You may check current call pricing at any time by visiting our website (www.websecure.net.au). We may change any component of the price of the service by giving you 1 calendar month’s notice.
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Billing
We will invoice you regularly, usually monthly. We may include amounts omitted from previous invoices. You must pay all charges on your account in full and without any set-off or deduction by the date shown on the invoice.
Generally, unused time, data and included call allowances are not cumulative and are not carried forward from one billing period to the next.
You may pay your bill in the ways shown on your invoice. If you supply your credit card or direct debit details to us, we may debit that account for all charges until you notify us otherwise in writing.
If you do not pay any amount due to us by the due date, we may terminate, restrict or suspend the service and all other services in your name, and charge you an administration fee. If the service is restricted or suspended, charges will continue to accrue as normal.
We are not obliged to notify you of any excessive or unusual use of the service.
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Term and Termination
The term of the contract specific to your product or service was agreed with you when you ordered the service. If you wish to cancel the service, you must provide at least 1 calendar month’s notice in writing. We may then issue a final invoice which you must pay in full within 7 days. You may remain liable for the full contract charges, including any termination charges. We will not pay you a refund for any unused part of the service.
We may terminate the service at any time, by giving you 1 calendar month’s notice.
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Variations to the Standard Form of Agreement
We may vary the SFoA at any time. If we believe that any changes are likely to be to your detriment, we will give you 1 calendar month’s notice. The ways of giving notice are detailed in the SFoA. You may obtain current SFoA terms from our website (www.websecure.net.au).
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Your Rights and Remedies
We do not guarantee that the service will meet your requirements. You should conduct your own investigations to determine whether the service is suitable for your needs.
Unless we agree otherwise, we do not warrant that the service is fault-free or that it will be uninterrupted. We may be obliged to carry out repairs in accordance with the statutory Customer Service Guarantee.
To the maximum extent permitted by law, we will not be liable for any losses that you or any other third party may incur, and any statutory liability to you is limited to the maximum extent permissible. You indemnify us against any losses relating to your use of the service. Our liability to you for damages is limited, and some types of damages are excluded.
We do not guarantee local call charge Internet access from all locations. You are solely responsible for verifying Internet call costs with your telephone service supplier.
Our complaint resolution procedure is available on our website (www.websecure.net.au). If you have a complaint, please call us on (07) 4041-1218 or email us at accounts@websecure.net.au.
If you are dissatisfied with our response to your complaint, you may be entitled to refer it to the Telecommunications Industry Ombudsman or to the Office of Fair Trading in your State or Territory.
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Equipment Supplied by Us
If we have provided equipment to you other than by outright sale, then it remains our property. You must return the equipment to us promptly at your expense upon our request or when the service is terminated. You may be liable to pay us the value of any equipment you do not return. You should insure the equipment against loss or damage.
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Privacy
You authorise us and our sub-contractors to contact you by electronic mail regarding anything to do with the service or any other services that we may wish to offer you. You have the right to notify us if you wish to opt out of promotional communications.
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General
You must, at your expense, obtain and maintain all equipment, software and services and other items that you need to use the service.
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Form of Agreement