Terms & Conditions

General Terms & Conditions

(updated May 2006)

The following sets out the terms and conditions between you ("the Customer") and Zintel Communications Ltd. A.B.N 96 094 300 311 ("Zintel") for the provision of telecommunications services.

1. Definitions

1.1 "Agreement": the agreement for the provision of the Services between Zintel and the Customer comprising these Terms and Conditions, the Application for Service or Account Application or any other similar documents, Zintel's current Schedule of Charges applying from time to time, and any other documentation authorising the transfer of telephone lines to Zintel or any schedules to the application.

1.2 "Carrier": a telecommunications carrier licensed under the Telecommunications Act 1997 (Cth) as a general carrier or a public mobile telecommunications carrier.

1.3 "Current Supplier": a Carrier, telecommunications service provider or equipment supplier who supplies telecommunications services or equipment to the Customer at the time of signing of this document.

1.4 "Services": comprises those works and/or services provided by Zintel.

Words not defined in these Terms and Conditions have the same meaning as in the Telecommunications Act 1997 (Cth).

2. Services

2.1 Zintel will provide the Services to the Customer. Zintel may from time to time vary the composition or characteristics of the network used to provide these Services including selection of the Carrier. Zintel will provide services to the extent and to the standard its Carriers provide those services to us. Zintel does not warrant that it will be able to provide all services and will not be liable for any failure to do so.

2.2 The Customer must, in connection with its use of the Services, comply with all statutes, regulations, by-laws or license conditions of any government body.

3. Credit Check 3.1 Prior to connection of services Zintel will conduct a credit assessment. The Customer is required to provide all information necessary to complete this assessment.

3.2 Zintel require that the Customer provide Zintel authorization so Zintel, if required:

may obtain from a credit-reporting agency a credit report containing personal information regarding the Customer;
may seek from any credit provider named in a credit report in the Customer's application, information in relation to the Customer's credit rating including and without limitation, any information about the Customer's credit worthiness, credit history or credit capacity that credit providers are allowed to give or receive under the Privacy Act;
may make independent enquiries of third parties concerning the Customer's financial standing and for this purpose the Customer has authorised and permitted such third parties to supply such information regardless of any confidentiality or privilege, which applies to the information sought; and
may provide to any Carrier or its related bodies corporate such information concerning the Customer as Zintel may have or obtain from time to time.

4. Transfer of Account From Your Current Supplier

4.1 By signing this Agreement Zintel is authorised to sign, on the Customer's behalf and in their name, forms of authority to their Current Supplier to transfer the services as directed. 4.2 Should it become necessary to change the arrangements with the Customer's Current Supplier in order to provide Services to the Customer, such changes shall be made in accordance with clause 5.

5. Transfer from Zintel to another Supplier
5.1 In the instance of termination, should the Customer wish to transfer their services to another supplier, then the Customer remains responsible to Zintel for any charges billed or payable until such time as the provision of the Services ceases. 5.2 The provision of Services ceases when Zintel transfers the Customer's accounts to another supplier and the other supplier takes over full billing of those services. 5.3 If after that date, Zintel becomes aware of any other proper charges for those Services up to and including the date at which the provision of Services ceases, then the Customer will pay to Zintel all such amounts on receipt of invoice under our normal payment terms.

6. PABX and Equipment Access
6.1 The Customer is responsible for ensuring that its PABX or other network equipment is programmed, as specified by Zintel. 6.2 Should Zintel need to install its own equipment at the Customer's premises to provide its Services, the Customer will not interfere with such equipment or its installation. 6.3 Any equipment at the Customer's premises used to provide Services to the Customer through another supplier will be disconnected upon transfer to Zintel. It is the Customer's responsibility to notify their Current Supplier of the change in provision of their Services to Zintel and to arrange forthwith the removal of any equipment to effect this change. 6.4 Risk in any equipment provided by Zintel or any of its related bodies corporate to the Customer for purchase or hire ("Equipment") passes to the Customer upon delivery. 6.5 Title to any Equipment provided for purchase does not pass to the Customer until all amounts owing to the Zintel under this Agreement and the cost of such Equipment has been paid in full. Until title passes to the Customer, the Equipment will be held by the Customer as bailee for Zintel. 6.6 The Customer irrevocably grants to Zintel and its agents and servants leave and license, without the necessity of giving the Customer any notice, to enter at any time onto and into the premises of the Customer, using a reasonable force if necessary to inspect, search for and take possession of any Equipment in respect to which payment is overdue. The Customer shall indemnify Zintel and hold Zintel harmless against any loss or damage suffered by any person or persons arising from such repossession.

7. Your obligations and commitments
7.1 The Customer will be charged for Services according to Zintel's current prices as published from time to time. Publication shall be constituted by the creation of a new schedule of charges or part thereof and the making that new schedule of charges available at the head office of Zintel. 7.2 The Customer will not, in its use of the Services, breach any law, breach any person's rights or otherwise cause loss, liability or expense to Zintel or any Carrier. 7.3 Zintel may vary, alter, replace or revoke these Terms and Conditions effective upon the expiry of 30 days written notice. The Customer agrees that should the Customer not terminate this agreement, the Customer will be bound by the variation, alteration, replacement or revocation. This clause does not apply to changes in prices which shall apply forthwith upon publication. 7.4 Payment of an account must be made by the date specified in the account ("Due Date"). If you dispute in good faith an amount in the account, you must notify us in writing setting out reasons for the dispute and the amount in dispute. Notwithstanding any dispute, you must pay the whole amount of each account by the Due Date. The payment of an account by the due date is an essential term of this agreement. 7.5 If you do not pay the invoice 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 invoice and suspend any or all of your Services pending payment of outstanding amounts on the invoice. Nothing in this clause affects our rights to terminate this Agreement under Clause 8. 7.6 If the Customer has not paid by the Due Date, Zintel reserves the right to adjust the prices at its discretion. 7.7 The Customer acknowledges that Zintel may not be able to provide all services required by the Customer and the Customer authorises Zintel to select and engage any carrier to supply the service on behalf of the Customer. 7.8 Zintel may include in any account rendered to the Customer any charges for services provided to the Customer by any carrier that has been rendered to Zintel. 7.9 The Customer acknowledges that local calls may not be itemised in the account and agrees that Zintel shall not be required to provide itemisation of local calls at any time. 7.10 If a goods and services or similar value added tax ("GST") applies to this agreement for any reason the Customer must pay the GST or reimburse Zintel for any GST paid or payable by Zintel.

8. Terms of Agreement
8.1 This Agreement will commence on the date of its signing by Zintel and will continue until either party gives the other party one month's (30 days) written notice of termination of this Agreement or Zintel may terminate this Agreement forthwith and without prejudice to any rights or remedies existing at the date thereof by giving written notice to the Customer if:

The Customer has breached any term or condition of this Agreement; or
A receiver or receiver manager has been appointed over any of the property of the Customer; or
If a liquidator or provisional liquidator is appointed to the Customer; or
If the Customer enters into any arrangements with its creditors; or
The Customer assigns or otherwise deals with his rights under this Agreement; or
If the Customer ceases to carry on business; or
If the Customer is an individual then the death or bankruptcy, or threatened bankruptcy of the Customer;
If there is a material change in the Customer's direct or indirect ownership or control, any of which occur without Zintel's prior written consent.

8.2 Zintel may terminate this Agreement at any time with immediate effect by giving notice to you in the event that the Carriers cease to provide necessary Services to Zintel. 8.3 If this Agreement is terminated in accordance with clause 8.2 and a Carrier arranges to supply the Customer other than through Zintel, the Customer acknowledges that the Carrier may not be able to make those arrangements immediately and once the Carrier has made those arrangements the services acquired by the Customer from the Carrier may be acquired on the then applicable Carrier's tariffs and terms and conditions and the Carrier will bill the Customer accordingly. 8.4 On the termination of this Agreement for any reason, the Customer will immediately return all Equipment owned by Zintel or make such equipment available for collection, such equipment will be returned or surrendered in the same condition that it was originally supplied, fair wear and tear excepted, any costs to remove or repair will be charge or billed to the account of the Customer.

9. Confidentiality The Customer will keep confidential all information supplied by Zintel or the Carriers and Zintel will keep confidential all information supplied by the Customer except as provided under Clause 3 or for the purposes of recovery of amounts due to Zintel.

10. Transfer of this agreement

The Customer's rights under this Agreement are personal and you cannot assign or attempt to assign any right or obligation under this Agreement. Zintel may assign any or all of it's rights and obligations under this Agreement at any time, by notifying the Customer in writing of same.

11. Limitation of Liability

11.1 Save for the provisions of clause 11.4 all terms, conditions, warranties, undertakings, inducements and presentations, whether express or implied, statutory or otherwise, relating to the services provided by Zintel are excluded. 11.2 Save for the provisions of clause 11.4 Zintel shall not be liable to any Customers or any third party for any loss or damage of any kind whatsoever and howsoever arising whether direct or indirect, consequential or economic damage including without limitation loss of income or profit or loss of actual potential business opportunities. 11.3 The exemptions, limitations, terms and conditions in these terms and conditions shall apply whether or not loss or damage is caused by negligence or actions constituting fundamental breach of contract. 11.4 Insofar as goods or services supplied by Zintel are not of a kind ordinarily acquired for personal domestic or household consumption, and unless the Customer establishes that reliance on this provision would not be fair and reasonable, the liability for a breach of a condition or warranty; implied into this contract by the Trade Practices Act 1974 ( other than a condition implied by Section 69) is limited:

a. in the case of goods to any one of the following as determined by Zintel;

I. the replacement of the goods or the supply of equivalent goods; or

II. the repair of the goods; or

III. the payment of the cost of replacing the goods or of acquiring equivalent goods; or

IV. the payment of the costs of having the goods repaired;

b. in the case of services to any one of the following as determined by Zintel;

I. the supply of the services again, or

II. the payment of the cost of having the services supplied again.

11.5 The Customer acknowledges that any liability of any Carrier to the Customer in relation to the services is governed by the Terms and Conditions on which the Carrier from time to time supplies that service to its own retail Customers.

12. Miscellaneous 12.1 Any notice, demand, consent or other communication between Zintel and the Customer may be delivered personally or sent prepaid mail or by facsimile to the address of the other as last notified. 12.2 Clauses 3,5,6,7,8,9 and 11 shall survive the termination of this Agreement. 12.3 This Agreement (as varied from time to time by Zintel) contains the entire agreement between Zintel and the Customer to the exclusion of any and all prior agreements be they written or oral. 12.4 This Agreement shall be governed by and construed in accordance with the laws of New South Wales and shall hereby submit to the jurisdiction of the courts of that State. 12.5 If any part of this Agreement is found to be invalid or of no force or effect, this Agreement shall be construed as though such part had not been inserted and the remainder of this Agreement shall retain its full force and effect. 12.6 The persons signing this Agreement on behalf of the Customer warrant that they have full power of authority to bind the Customer in respect of this Agreement.

13. Guarantee In consideration of Zintel at the Guarantor's request agreeing to provide services to the Customer as recorder, the Guarantor guarantees to us the due and punctual payment by the Customer of all moneys payable in respect of services provided, as and when those moneys become due and payable by the Customer. This guarantee shall be a continuing guarantee and shall not be discharged or affected by us giving any extension of time or credit, waiver or consent at any time to the Customer or by any amendment to, of the invalidity of, any agreement in respect of the supply of services.

Automatic Payment Authority (Direct Debit Service Agreement)

Zintel's commitment

Zintel will confirm the details of the AutoPay debit arrangement prior to the first drawing and directly debit the account you nominate.
We will make deductions on the invoice due date. If the due date falls on a day that is not a business day we will debit your account on the following business day.
We may vary any details of this agreement at any time, by giving you at least fourteen (14) days notice.
We will keep information relating to your nominated financial institution or credit card account, confidential, except where permitted by law or required for conducting direct debits or processing credit card payments with your financial institution or credit card provider and for a related query, dispute or claim. We will take all reasonable steps to protect personal information held by us against loss and against access, use, modification or disclosure that is unauthorised. For more information refer to our privacy policy.

Customers rights and responsibilities

By signing the Automatic Payment authority you are authorising Zintel to arrange for funds to be debited from your account.
You may alter the debit drawing arrangements at any time by contacting Zintel on 1800 946 835 or in writing at Locked Bag 3700, St Leonards, 1590.
You may dispute any debit drawing or terminate the deductions at any time by notifying Zintel in writing not less than seven days before the next scheduled debit drawing.
It is your responsibility to ensure that:
i. Sufficient clear funds are available in your nominated account on the due date.
ii. The account you nominate permits direct debiting
iii. The authorisation given to draw on the nominated account is identical to the account signing instructions held by the financial institution where the account is based.
iv. You notify Zintel if the nominated account is transferred or closed.
v. You pay Zintel by an alternative method if the direct debit arrangements are cancelled, whether by yourself or Zintel
vi. Check your invoices against items in your financial institution account statement or credit card statement
If there are insufficient clear funds you may be charged a fee by your financial institution or credit card issuer due to the failed or incorrect payment. Zintel may also charge you fees for this (including reimbursement of costs).

Other information

The Automatic Payment Authority is also governed by the general terms and conditions of Zintel service and Zintel's privacy policy.

Mobile Terms and Conditions

Rates are shown in $ per minute
Rates are inclusive of GST
Calls are charged in 30 second increments unless indicated
Mobile Capped plans: mobile to fixed and mobile to mobile calls are charged in 1 second increments
Mobile capped and Mobile capped+ SMS $0.30
Eligible charges are: local calls, long distance calls, calls to mobile telephones, international calls, inbound calls to 1800 or 1300 numbers, monthly line rental (including PSTN, ISDN, Business, Home & Network Access), Mobile to Fixed, Mobile to Mobile (same network), Mobile to Mobile (other network), mobile international calls, mobile SMS text messages, mobile voicemail deposit and retrieval and recurring monthly Internet plan Charges.
Available for direct dialled calls from most mobile phones to Zintel mobiles and fixed wire services on the same account. Excludes some call types. Calls will revert to per minute rats after the first 5 minutes.
Mobile Capped call connect fee of ).30 and Mobile Freedom call connect fee of $0.20 applies to all calls unless otherwise indicated
Zintel Web SMS (Short Message Service) is charged at $0.20 per message.
Monthly reward program credits are forfeited if your account is not paid in full by due date.
Monthly unused cap value is not carried over.
Calls to 123 $2.00 (call connect fee $1.65)
Data and Fax Calls (same network) $0.55, Data and Fax calls (other network) $0.70.
Domestic GPRS 0.2c per KB (charged in 20kb increments)
Roaming GPRS 3c per KB (charged in 20kb increments)
Blackberry Domestic 0.8 c per KB (charged in 20kb increments)
Blackberry Roaming 0.8c per KB (charged in 20kb increments)
Calls to 1800 numbers $0.70
Calling Card $0.15
Customer Care $3.50
Call Screen $2.00 (flat rate)
Directory Assistance $2.80 (flat rate)
Diversion Call (PSTN, other network or same network) $0.50
WAP $0.65
Vodafone SIM cards $33 (per unit)
Telstra SIM cards $20 (per unit)
Access fee of $2.00 per month applies
Rates are effective 1 May 2007
Upfront Monthly Fee and Included Value include GST
Additional charges are payable for excluded services and usage exceeding the included value.
Any unused Included Value is forfeited at the end of the monthly billing period
Call charges are rounded up to the nearest cent before GST is included.
All prices are subject to change
Zintel Mobile capped+ and Mobile Freedom+ are only available to eligible credit approved business customers.
If connection is terminated at any time during the 24 month contract a cancellation fee equal to the monthly mobile payment, multiplied by the remaining months until expiration of the contract and any outstanding handset payments are payable.
Only available while stocks last
If connection is terminated at any time during the 24 month contact a cancellation fee is payable for the respective contracts as follows: for the $29 mobile capped+ a fee of $22 including GST multiplied by the remaining months until expiration of the contract and any outstanding payments are payable; for the $49 Mobile Capped+ a fee of $44 including GST multiplied by the remaining months until the expiration of the contract and any outstanding payments are payable; for the $79 Mobile Capped+ a fee of $66 including GST multiplied by the remaining months until the expiration of the contract and any outstanding amounts are payable; for the $149 Mobile Capped+ a fee of $88 including GST multiplied by the remaining months until the expiration of the contract and any outstanding payments are payable; for the Mobile Freedom+ a fee of $44 including GST multiplied by the remaining months until the expiration of the contract and any outstanding payments are payable. Rates and other Terms & Conditions that apply to the Mobile Capped and Mobile Freedom plans apply to the Mobile Capped+ and Mobile Freedom+ plans.

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