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IINET SFOA SUMMARY: Important Information - Your Rights and Obligations This is a summary of the iiNet "Standard Form of Agreement" (SFOA). The SFOA sets out the terms and conditions of services purchased through iiNet to provide Internet Access to You. The SFOA applies to all new and existing customers. A full copy of the SFOA is online at the iiNet web site at www.iinet.net.au/products/sfoa.html. Under Part 23 of the Telecommunications Act 1997, iiNet must give a copy of this summary to all new customers, and make this summary available to existing customers (a hardcopy is available on request). The SFOA is lodged with the Australian Communications Authority and binds new customers and iiNet. The Act provides that the terms of the SFOA bind new customers whether or not they have a copy, and whether or not they have read the relevant documentation, so iiNet recommends you read the SFOA as the complete statement of your contract with iiNet. This summary covers some of the important terms of the SFOA, and is for informational purposes. Please read the full SFOA if you have any questions not covered in this summary, or contact our customer service team. This summary does not override or negate anything written in the SFOA. This summary is designed for information purposes only and has no legal effect. This summary deals mainly with the important matters generally applying under the SFOA, but particular services or products may have some special terms and conditions. Contents
SFOA As a customer of iiNet you are bound by the terms of the SFOA, the Application Form and the Service Schedule relating to the particular product or service you have purchased from iiNet. The SFOA does not apply where, and to the extent that, you have expressly agreed to any specific terms of a particular product or service with iiNet. Prior to entering into the SFOA with You, iiNet may make specific enquires with a credit reporting agency about your credit record. If your credit record is not acceptable based on prudent business standards iiNet may refuse to enter into an agreement with you. Rights of iiNet Under the SFOA iiNet has various rights it may choose to exercise at any time. In particular iiNet may vary the terms of the SFOA. However where such variation will cause detriment to you, at least 21 days prior to the variation taking effect, iiNet will publish a summary of the proposed variation in a daily newspaper. In addition, within 6 months of the variation taking effect, iiNet will include a notice on your next bill stating a variation has been made. Your Obligations As a customer you must comply with certain conditions of use in relation to the services or products purchased from iiNet. Under the SFOA, you agree not to engage in certain activities whilst using the services or products you have received from iiNet and to provide all reasonable assistance to iiNet in the provision of the services or products. You should read the SFOA in order to familiarise yourself with these specific conditions of use. Administration iiNet provides a 24-hour, 365 day a year help desk to assist you with any difficulties you may have in relation to your Internet Access. If you require such assistance you may call 13 22 58 or email support@iinet.net.au Billing The SFOA sets out the billing procedures for the products and services you acquire from iiNet. iiNet will issue an invoice at regular periods but has the right to issue you an invoice at any time. Invoices are by default issued to the email address held on record for the account holder, but mail and fax invoices are available upon request. Unless specifically stated, invoices may be paid by Cash, Cheque, Credit Card, EFTPOS, BPAY, Direct Debit or at a General Post Office. You must pay the bill issued in a manner authorised by iiNet. iiNet may charge you an additional fee to cover expenses in the event that your payment is late, dishonoured or cancelled. Terms The Service Schedule sets out any contract periods that apply to the service, and sets out the fees that are charged when terminating before the end of a contract period. Once a contract period has expired, there are no fees to renew the contract, and you can continue to purchase the product for the period stated in the Service Schedule. Charges The Service Schedule sets out the charges for the services you acquire from iiNet. iiNet's charges may include connection charges, periodic access charges, usage-based charges, charges for content provided with the service, charges for other services provided in connection with the call, reconnection charges, disconnection charges in some circumstances, and other charges.
You may ask iiNet to cancel your service at any time with 5 days notice, and subject to any Cancellation Charges that may arise under the Services Schedule of a particular product or service. iiNet's preferred method of cancelling your service is by telephone. iiNet may suspend and or cancel your service at any time in a number of circumstances, such as where iiNet needs to repair maintain or service the iiNet network, you become bankrupt or insolvent, you breach the terms of the SFOA and in other circumstances detailed in the SFOA. You will become liable for all charges payable under the agreement up to the time of termination. iiNet Equipment You will be billed for any equipment you purchase from iiNet in the same manner described above under the heading "Charges" and "Billing". Warranties and limitation of liability iiNet does not guarantee that the service you receive from iiNet will be free from blockages, outages, delays or faults of this kind, and therefore iiNet is not responsible for any loss or damage that you or a third may suffer. iiNet limits its liability to you under the SFOA. Except where specifically expressed otherwise in the SFOA and subject to the Trade Practices Act 1974, iiNet is not liable for any you or a third party may suffer. In entering into an agreement with SFOA you warrant that you have not relied on any representations made by iiNet, and you acknowledge that to the extent iiNet has made any such representation you have been provided with an opportunity to independently verify the accuracy of that representation.
You indemnify iiNet against (i.e. you can be made to pay for) any loss, cost, liability or damage iiNet suffers relating to a breach of the SFOA by you, any claim by a third party and any damage caused by you to any iiNet property. Your personal information The Privacy Act 1988 (Cth) and other legislation imposes strict obligations on iiNet to protect the confidentiality of your personal details and information you provide us with. Any information given by you to iiNet will not be disclosed to any other organisation or individual other than for the conduct of iiNet business, to instigate debt collection, or under legal compulsion such as a Court order. Complaints iiNet aims to deal with all complaints in a prompt manner. If you wish to make a complaint about iiNet, the services or any associated
matter, please contact us by telephone, e-mail, letter or facsimile, or by using
the online complaints form at: If you are not satisfied with the initial outcome of the complaint you may choose to escalate the complaint internally by requesting to speak with an iiNet supervisor. The Department of Consumer and Employment Protection also provides information about consumer issues at http://www.docep.wa.gov.au/ or as a last resort the Telecommunications Industry Ombudsman (TIO) offers a complaints procedure details of which are online at http://www.tio.com.au Customer Service Guarantee (CSG) In November 1997 the ACA created the CSG Standard. This standard is varied from time to time but specifies certain performance standards in relation to the connection and fault rectification of the standard telephone service and specified enhanced call handling features, and for the keeping of appointments made with customers for connection and fault rectification of those services.
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