Terms & Conditions
Maxi Internet Services Pty Ltd (Maxinet) allows you to use our services on the following terms and conditions. You must read these terms and conditions prior to using any of our services. By using any of our services, you will have acknowledged that you have read, and agree to be bound by, and to comply with these terms and conditions. These Terms and Conditions should be read in conjunction with any specific Terms and Conditions that have been provided in any offer or proposal, where applicable. Note, some of the sections below relate to specific products, and as such, only apply to those products.
This agreement will start when Maxinet receives your order, and it may only end in accordance with clause 7 (Termination of Agreement) below. Contract terms will commence from the date the particular service is provisioned.
Maxinet will provide the service, which will include all access details, login codes and passwords, and / or any other information that may be required to access the service. In some cases, a product Service Level Assurance (SLA) will apply, and this will be stipulated at the time of subscription. Where no such SLA is issued, the service supplied will be supplied on a best effort basis.3. RATES AND CHARGES
The rates Maxinet charges for any service may change as circumstances require. Where a contract for supply of service exists with an agreed minimum term, Maxinet will not vary the rate for that service for the duration of the minimum term.4. BILLING PROCEDURES
- 4.1 Unless otherwise agreed, we will invoice for recurring charges on a monthly basis in advance and usage charges on a monthly basis in arrears.
- 4.2 Maxinet will comply with any and all taxation requirements that may apply to these services.
- 4.3 Maxinet invoices are strictly payable 7 days from the date of issue. Variations may be provided by negotiation, at our absolute discretion.
- 4.4 Credit card customers agree to have their cards automatically debited at the start of each monthly period for monthly fees and at the end of each month for any excess usage fees for the period. Should Maxinet be unable to debit this card, Maxinet reserves the right to immediately withdraw the service without notice. A 3% Merchant Surcharge will apply to all credit card transactions.
- 4.5 In the event that your credit card is declined, for whatever reason, an $11.00 administrative fee may be charged, per instance, at our absolute discretion, to cover additional administrative costs incurred. This charge will not be levied if you take reasonable measures to ensure Maxinet is properly notified of any matter that may cause your credit card to be declined, prior to processing of the transaction.
- 4.6 If, in any circumstances Maxinet suspends services, a reconnection fee will apply of $110 for Business and $22 for Non-Business accounts.
- 4.7 Maxinet may impose a $35 Late Payment Fee on any invoice that is not paid on time.
- 4.8 You will be liable to pay Maxinet all expenses (including legal costs and expenses and the fees of Maxinet's debt recovery agents) incurred by Maxinet in relation to recovering payments due under any contract or agreement you have with us.
- 4.9 If, for any reason, a Contract is terminated during the minimum term, the customer must pay to Maxinet, by way of liquidated damages, the fee referred to in clause 7.6, which the parties acknowledge is a genuine pre-estimate of the losses which Maxinet will suffer as a result of early termination of that contract. This clause does not otherwise limit the customer's liability to Maxinet upon termination.
- 4.10 On termination, for any reason, of any contract or agreement you have with us, all fees and charges (including the fees referred to in clauses 4.8 and 4.9) payable under the contract shall become immediately due and payable.
- 4.11 Processing and verification procedures (including delays in receipt of billing information) may mean that not all charges for the period covered by an invoice can be included on that invoice. Maxinet reserves the right to include those charges in any subsequent invoices.
- 5.1 You acknowledge that Maxinet shall not be liable for damage or injury caused by the use of any services or arising out of any breach of any term, undertaking, warranty or representation relating to any services under this agreement or provided by Maxinet, any of its employees, contractors or agents at any time elsewhere, including any indirect, special or consequential damage, whether foreseeable or not, and whether such loss or damage derives from an act of omission which is negligent.
- 5.2 Except as expressly provided under these Terms and Conditions or in the operations of law, no warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to the condition, quality, performance, merchantability or fitness for purpose of the goods or services comprising the services provided hereunder is given or assumed and all such warranties, conditions, undertakings and terms are thereby excluded. To the extent permitted by law, any rebate provided under a Maxinet SLA will be your sole remedy in respect of any event giving rise to our failure to achieve any Service Level and we exclude any other liability to you in connection with this Agreement in respect of our failure to achieve any Service Levels, whether in contract, negligence or any other tort, under any statute or otherwise.
- 5.3 In the event that a warranty, condition, undertaking or term is necessarily implied by the Trade Practices Act and cannot be excluded then the liability of Maxinet in breach of that warranty, condition, undertaking or term is limited to the cost of replacing the service.
- 5.4 You acknowledge that Maxinet shall not be liable for any special, incidental or consequential or other damages arising from or as a result of any delay, omission or error in the use of the services.
- 5.5 You agree that you will not use the services in any such manner that contravenes any law or regulation, is malicious, or is contrary to generally accepted service usage principles.
As a user of the services, you have the benefit of warranties implied by the Trade Practices Act, including that the services will be fit for their particular purpose and correspond with Maxinet's description of them.7. TERMINATION OF AGREEMENT
- 7.1 Maxinet may immediately, without notice to you, suspend or terminate any service or contract if you fail to pay your account on or by the due date together with any other costs and disbursements payable by you as referred to in Clause 4 above.
- 7.2 Maxinet may immediately, without notice to you, suspend or terminate any service or contract should you, in our opinion, engage in any activity referred to in Clause 5.5 or if we reasonably suspect fraud or misuse of the Service on your part.
- 7.3 Maxinet may immediately, without notice to you, suspend or terminate any service or contract if a receiver or administrator or provisional administrator or similar is appointed to you, or if we have any reason to believe you will be unable to pay for the services.
- 7.4 Maxinet may suspend, limit or cancel a service if we consider there to be excessive or unusual usage of that service.
- 7.5 You may terminate a service by giving Maxinet thirty days written notice of your intention to cancel. This clause does not apply if a fixed term contract is in place for the service, except as provided for in clause 7.6.
- 7.6 Should termination occur prior to expiration of any minimum term, the sum of remaining monthly charges times the remaining months, plus any other outstanding amounts will become immediately due and payable.
(Excludes Premium Business DSL) Maxinet provides a range of Home / Small Office DSL services. The following conditions specifically apply to these services. These conditions should be read in conjunction with any service specific conditions that may be issued in relation to a particular service. Such conditions may be contained in any service order form or proposal for the service.
- 8.1 Uploads (the data you send) are free unless you spend more than 2.75 times the amount of data you receive (i.e. Downloads). If this occurs, you will be charged for the rate of 11c (including GST) per Mb for each Mb in excess of the allowance.
- 8.2 These services are delivered, at least in part over third parties' Networks and or infrastructure. The specified service speeds are indicative only, and depend on other external factors, and so Maxinet does not warrant that the maximum speeds will be achieved.
- 8.3 When a fault is determined to be a fault in the ADSL Network, Maxinet will use best efforts to rectify the fault as soon as reasonably possible. However, no assurances are provided in relation to such response and or restoration times.
(Section 18(E)(1) Privacy Act 1988) Notice of disclosure of your credit information to a credit reporting agency. (Privacy Act 1988)
- 9.1 You authorise Maxinet to collect, use and disclose Personal Information about you for the primary purpose of the supply or proposed supply to you of any Service. If you do not provide all the Personal Information we request from you, we may be unable to supply the Service to you or we may be restricted in the way we supply that Service to you.
9.2 You also authorise us to collect, use and disclose Personal Information about you for related (or secondary) purposes including
- (a) Assessing creditworthiness;
- (b) All purposes associated with the provision of telecommunications services to you, including billing and account management;
- (c) To provide you with information about products and services which we, or any of our partners or affiliates, may provide to you;
- (d) Implementing this Agreement;
- (e) To allow the credit reporting agency to create or maintain a credit information file containing information about you.
- (f) To notify other credit providers of a default by you.
- (g) Business planning and product development; and
- (h) Complying with legal requirements.
9.3 You authorise us to disclose Personal Information about you to:
- (a) Any Other Supplier who need access to the Personal Information to provide us with goods or services, enabling us to supply you with the Service (including the investigation and resolution of disputes or complaints concerning the provision of the Service); or
- (b) Any Related Body Corporate of ours, or any of our partners or affiliates.
9.4 You acknowledge that in certain circumstances, we may be permitted or required by applicable laws to use or disclose Personal Information about you. Such uses or disclosures may include:
- (a) Disclosures to law enforcement agencies for purposes relating to the enforcement of criminal and other laws;
- (b) Uses or disclosures in accordance with court orders or if required or authorised by law;
- (c) Disclosing information to a Credit Reporting Agency.
- (d) Uses or disclosures to lessen or prevent serious threats to an individual' s life, health or safety or to public health or safety; or
- (e) Uses to assist in internal investigations conducted by us into suspected fraud, misuse of the Service or other unlawful activities.
- 9.5 We will provide you with access to any of your Personal Information held by us, at your request. We reserve the right to charge a reasonable fee for this service. We agree to correct or amend any of your Personal Information held by us which is inaccurate or out of date, at your written request.
- 9.6 We will handle your Personal Information in accordance with the requirements of relevant laws and industry standards.
9.7 Subject to compliance with this clause, we may, at any time at our absolute discretion
- (a) Intercept the Service or the data being transmitted over the Service, for the purpose of complying with our obligations at law; and
- (b) Monitor use of the Service.
Delivery of some services requires specific hardware, which Maxinet will provide. Such equipment includes but is not limited to, network termination units, switches, wireless equipment, mounting brackets and masts.
10.1 Except as expressly provided:
- (a) The Equipment always remains our property (or where relevant the lessor or licensors of the Equipment to us);
- (b) You will ensure that you have all necessary consents and approvals (including landlord approval where applicable) necessary for us to deliver, install and maintain the Equipment at the Site;
- (c) You will not part with possession of the Equipment except to us and will comply with all our reasonable directions relating to our rights of ownership of the Equipment;
- (d) You will provide a suitable physical environment at Your Premises for the storage and operation of the Equipment including supplying an adequate power supply for the operation of the Equipment;
- (e) You must ensure that the Equipment will not be altered, repaired, serviced, moved or disconnected except by personnel approved by us;
- (f) You must take good care of the Equipment while it is in your possession or control and must notify us immediately if you become aware of any damage to or malfunction of the Equipment;
- (g) You will be liable to us, and we will charge you for all loss of, or damage to, the Equipment while at Your Premises or whilst in your possession or control, irrespective of how such loss or damage occurred, apart from fair wear and tear; and
- (h) You will only use the Equipment in accordance with the manufacturer's specifications or our written directions.
- (i) Upon termination of the service you will return all Maxinet equipment to Maxinet, at your cost within 7 days.
- (j) Should the Maxinet equipment not be returned complete and in good working order, Maxinet will charge you $1500 to cover the cost of replacement.
- 10.2 We may at any time change, modify, replace or service the Equipment provided that performance of the Service is not materially adversely affected.
- 11.1 Usage is calculated as bi-directional. Unused data allowance expires at the end of each month.
- 11.2 Service will be suspended if 6Gb is reached in any one month, or 7Gb in the case of the 6Gb plan.
12. VOICE SERVICES . General
- 12.1 You will be responsible for all service charges and for all calls made from your phone using the service, whether those calls were made by you or someone else
- 12.2 Maxinet may, at any time at our absolute discretion require you to pay a deposit as security for payment of charges.
- 12.3 The service is not available from all telephone lines, and it may not possible to use the service to make all types of telephone calls.
- 12.4 Detailed billing data for all voice services will be provided via a secure login on the Maxinet website, updated daily.
- 12.5 Maxinet does not warrant that the service will be uninterrupted or fault free.
- 13.1 The Usage Based Charge for ISDN is based on usage volume for either outgoing calls only or a combination of outgoing and incoming calls. For the avoidance of doubt, use of ISDN for incoming calls only, or where the combination of outgoing and incoming calls exceeds a ratio of 10 incoming calls for every 1 outgoing call, will be deemed misuse of ISDN and may result in termination of the service.
- 13.2 The Usage Based Charge for ISDN local calls is based on a maximum call duration of 45 minutes. For the avoidance of doubt, use of ISDN for local calls exceeding 45 minutes in duration will be deemed misuse of ISDN and may result in termination of the service.
- 14.1 Maxinet's Reach Services are 13, 1300 and 1800 numbers.
- 14.2 You must specify on the Application for Service if the Service is to be used regularly as a High Calling service.
- 14.3 If the Service is not nominated as a High Calling service but you anticipate an event that will or may cause your usage of the Service to exceed the High Calling threshold, you must, as soon as possible, give to Maxinet prior written notice of such event Note: High Calling means calls generated on the Maxinet Reach Service at a rate of not less than 1 call per second for a duration of not less than 1 minute.
- 15.1 If you use the Service by means of preselection, you may only use the Service as a bundled or combined service comprising of the following call types:
- (a) Long Distance;
- (b) Fixed to mobile, specifically GSM and CDMA mobiles and excluding satellite mobiles;
- (c) Preselectable operator services. For the avoidance of doubt, you will not be able to use preselection for individual types of calls.
- 15.2 If you use the Service by means of a carrier override code, you may use the Service for individual calls of the following types:
- (a) Long distance;
- (b) Fixed to mobile, specifically GSM and CDMA mobiles and excluding satellite mobiles;
- (c) Preselectable operator services;
- (d) Local calls in selected areas and by prior agreement between the parties.
- 16.1 You authorise us to act as the Customer Authority (CA) to enable us to purchase Unbundled Local Loop (ULL) or multiples of such and to disclose such authority to Other Carriers in response to a request.
- 16.2 You acknowledge that each service will be subject to a service qualification process and hence post application form signature Maxinet reserves the right to non delivery if service qualification process shows possibility of failure on delivery.
- 16.3 You acknowledge that equipment to be connected to the Maxinet voice exchange lines must be ACA approved for PSTN connection.
- 16.4 You acknowledge that the following operating conditions are not supported by Maxinet Business Line and may affect Maxinet Business Line service levels
- (a) Ring detection in Customer Equipment where the total Ringer Equivalence Number (REN) on a line is greater than 2.5.
- (b) End to end signalling via line conductors, Cailho or phantom circuits.
- (c) Data modems and facsimile Customer Equipment working at data signalling rates greater than 2400 bit/s.
- (d) Data modems and facsimile Customer Equipment not conforming to ITU-T Recommendations V.17, V.29, V.34 or V.90.
- (e) Two (2) or more telephones or equivalent apparatus in the off hook condition at the same time.
- 16.5 Cancellation Fee: You may cancel your Business Line Service at any time prior to the Service Delivery Date by
- (a) Notifying us in writing; and
- (b) Paying to us a cancellation fee in the amount of $495.00 (inc. GST).
- 16.6 You agree that you will make reasonable use of the Business Line Service. For the avoidance of doubt, it is unreasonable use of the Business Line Service if on average 95% of local calls made have a duration of 60 minutes or more on any particular Business Line. Such unreasonable use of the Business Line Service will be considered misuse and may result in termination of the service.
- 16.7 You agree to a minimum average call charges spend of $50 (ex GST) per line, per month, unless otherwise agreed by Maxinet.
- 17.1 Local number portability enables customers to transfer existing service numbers from other Suppliers to Maxinet, in some cases. Maxinet supports and can facilitate porting your existing numbers to Maxinet, providing such porting is in compliance with the National Numbering Plan. Alternatively, Maxinet may allocate new numbers for customer use if required.
- 17.2 You acknowledge and agree that if you apply to port geographic service numbers from another Supplier's service to the Maxinet, Maxinet does not warrant such a port or that numbers can be successfully ported to Maxinet or vice versa.
- 17.3 You acknowledge that you have no right, title or interest in any number allocated to you as part of the voice services. We will comply with the National Numbering Plan and reserve the right to alter or replace any number as a result of compliance with the National Numbering Plan or with any direction from the ACA. We will notify you of any numbering change, which will affect you.
If in providing voice Services we need to change your arrangements with your Current Supplier, you consent to the following procedures:
- 18.1 You authorise us to advise your Current Supplier that the voice Services are to be provided by us in place of your Current Supplier and to sign on your behalf and in your name forms of authority to your Current Supplier to transfer the provision of the voice Services to us;
- 18.2 If we request, you will give written instructions to your Current Supplier to transfer the voice services from your name into our name;
- 18.3 You will immediately pay to your Current Supplier all amounts owing for the Transferred Services including alteration of charges which your Current Supplier may demand up to the time of transfer of those accounts;
- 18.4 Within 7 days of our request you will provide us with a written list of all amounts which you presently owe to your Current Supplier for its services and include details of any amounts which are in dispute between you and your Current Supplier in relation to its services;
- 18.5 You authorise us, at our discretion, to resolve all disputes between you and your Current Supplier about charges owed by you to your Current Supplier. You will settle all disputes with your Current Supplier in accordance with such resolution and, at our discretion, authorise us to immediately pay your Current Supplier on your behalf;
- 18.6 If we pay or credit any amount to your Current Supplier on your behalf, then, you will indemnify and reimburse us for that amount;
- 18.7 If the Current Supplier credits us with any amount concerning the Transferred Services, we will credit that amount to you.
If you do not bar CLI in respect of calls made from the voice services, when a call is made from the voice services, your telephone number may be sent automatically to the equipment of the called party. You further agree that if a party calling the voice services has not barred CLI from calls made from its equipment, the telephone number of the calling party may be displayed on the screen of your handset which receives the call, if the handset is technically capable of displaying CLI.20. INSTALLATION OF EQUIPMENT
- 20.1 You must assist us to ensure that any Maxinet Equipment necessary for you to receive voice Services and access the Maxinet network is installed and programmed so that calls to destinations nominated by us from time to time are, so far as possible, carried by the Maxinet switched services network.
- 20.2 You authorise us or will ensure authorisation for us or our agents to disconnect, install or make amendments to any autodiallers, keysystems or PABX programming at your Premises or the premises of your end users in order for us to provide the voice services.
By signing this agreement, you agree to and acknowledge the following:
- 21.1 Maxinet may, at its discretion, provide the Service by using either :
- (a) An existing or new Unconditioned Local Loop Service (ULLS); or
- (b) An existing or new access line which supplies a standard telephone service; provided by Telstra Corporation Limited (Telstra) or a reseller of Telstra, depending on the technical and operational requirements of the particular Service.
- 21.2 In the case of clause 21.1(b) above :
- (a) That you are the customer of Telstra or a reseller of Telstra in respect of the standard telephone service;
- (b) That Maxinet can only provide the service whilst you remain a customer of Telstra or a reseller for the standard telephone service;
- (c) That Maxinet will terminate the service if you cease to be a customer of Telstra or a reseller of Telstra;
- (d) That the installation and operation of the service may cause temporary disruption to the standard telephone service or any other service received by you, and you will notify relevant third parties of the potential for disruption; and (
- e) That certain incompatible products will not be supplied to you by Telstra or a reseller of Telstra.
- 21.3 That Telstra be provided sufficient and timely access to your premises to inspect or test equipment which may be causing interference or danger or in connection with the provisioning, maintenance, repair or other obligations Telstra may have in respect of the Service.
- 21.4 That you must not interfere with the normal operation of the Service or make it unsafe.
- 21.5 That Maxinet is not liable to you in relation to any Services or delay or failure in providing any Services.
- 21.6 We are acting as your authorised agent or representative in our dealings with other parties insofar as this is required to comply with industry codes and practices for the provision of the Service.
If you are sold or supplied with a CPE Router by Maxinet, you acknowledge and agree that;
- 22.1 The sale or lease (as applicable) of the CPE Router is on the terms and conditions of this Agreement.
- 22.2 We will arrange for the CPE Router to be delivered, installed and configured at the premises specified in the Service Application Form.
- 22.3 In relation to the Maxinet 501R or 531R CPE Routers (and any subsequent releases or versions of these CPE Routers) sold or supplied by Maxinet you are granted a non-exclusive, revocable, non-transferable licence to use the software installed on the CPE Router for the sole purpose of receiving the Service.
- 22.4 If you purchase the CPE Router from Maxinet then:
- (a) The charges for the CPE Router will be included as part of the fees applicable to the Service and will be subject to the payment terms that apply to you;
- (b) Title in the CPE Router remains with us until we have been paid in full the charges for the CPE Router;
- (c) Risk in the CPE Router passes to you upon delivery at your premises; and
- (d) If the CPE Router is no longer able to be used, is not operating or is lost, destroyed or damaged while on your premises, you will notify Maxinet.
- 22.5 You will ensure that the CPE Router is operated and housed in an environment which meets the manufacturer's requirements and will not affix the CPE Router to any real property.
- 22.6 You will use the CPE Router for ordinary business purposes only. You will not use the CPE Router for any illegal or unlawful purpose which may result in its confiscation or seizure or to supply the Service or similar services to third parties.