Terms Of Use
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TERMS & CONDITIONS

11 December 2006

Summary of the Standard Agreement for Supply of the Optus Dial-up Internet Service

IMPORTANT CUSTOMER INFORMATION - YOUR RIGHTS AND OBLIGATIONS

This form constitutes an application by you to acquire from Optus Internet Pty Limited ABN 14 083 164 532 (us) the Optus Dial-up Internet Service (the service). If we accept your application, we will provide to you the service on the terms of the standard form of agreement (the agreement) for consumers for that service. The agreement is made up of this application, the consumer terms, the service description, standard pricing table and any relevant appendices. The agreement contains full details of the service and the terms and conditions of supply of the service including charging, billing, term and cancellation. Below is a brief description of the key terms of the agreement. A copy of all the documents (excluding this application) that make up the agreement together with a more in-depth summary is available on request or by following the “Personal Standard Agreements”, then “internet” links on our website at: www.optus.com.au/standardagreements

YOU SHOULD CHECK THE TERMS OF THE AGREEMENT CAREFULLY.

DESCRIPTION OF THE SERVICE: The service is an Internet service and provides access to the Internet and related services. The service provides 'on-demand' access to the Internet. A pre-paid and post-paid service option is available. The agreement is a non fixed-length agreement.

CHANGING THE AGREEMENT: We may change the agreement by: complying with the Telecommunications Legislation. In addition, for a fixed-length agreement we must give you 21 days notice in writing and, in some circumstances only, allow you to cancel the service within 42 days of giving notice without paying fees or charges, other than those set out in the agreement.

PERSONAL INFORMATION: We may collect, use and disclose personal information about you for purposes related to:

  • the provision of credit and the services or products or services of other Optus group companies. If you do not supply the necessary information, we may refuse or limit credit or the service,
  • the supply of information about Optus group company products or services and products and services of other organisations. You may opt out of receiving communications not related to your account or legally required by contacting customer service,
  • supplying information to credit reporting enquiries, credit providers and related and unrelated third parties, but only for the purposes set out above.

We may be required or permitted by law to collect, use or disclose your personal information from or to organisations such as the operator of the Integrated Public Number Database, emergency services organisations and law enforcement agencies.

Subject to applicable law, you may access your personal information by contacting us. Our Privacy Policy is available at www.optus.com.au/privacy or by contacting customer service.

When you use the Optus Internet co-branded service, we and ninemsn may collect and use personal information about you. Such personal information will be stored or processed in the US and Australia, but will be handled in accordance with Australian privacy laws. When you log in to use the co-branded service, you consent to us and ninemsn sharing personal information about you with each other.

CHARGES (see Standard Pricing Table): You must pay all charges incurred for the service, even if you did not authorise its use, the service is unavailable or you are unable to access it. We may ask you to make a pre-payment usage charge or an interim good-faith payment. We may offer promotions or offers in connection with the service (special). If you accept a special, the price and terms of the special will prevail until the special expires and then the full terms of the agreement will apply.

PAYMENTS: Payment is by credit card or direct debit. If you do not pay your bill by the due date, we may charge you a late fee, suspend or cancel the service (in which case we may charge you a fee), engage a mercantile agent, institute legal proceedings against you and on-sell any unpaid amounts to a third party.

TAXES: Optus will charge you for taxes, including any GST for supplies made in connection with the service.

COMPLAINTS AND DISPUTES: If you have any complaint you may contact us. If we are unable to resolve your complaint you may take your complaint through other avenues, such as the TIO, ACCC or the Department of Fair Trading or Consumer Affairs in your state or territory.

SUSPENDING OR CANCELLING THE SERVICE:

Your right to cancel the service: You may cancel the service by giving 30 days notice or if we breach a material term of the agreement.

Our right to suspend or cancel the service
We may cancel the service at any time by giving you at least 30 days notice. In addition, we may suspend or cancel the service in a variety of circumstances, including if: any amount owing to us is not paid by its due date and you do not pay that amount within 10 days of receiving notice from us, we reasonably consider you a credit risk, you breach a material term of this agreement, or as otherwise set-out in the agreement. In addition, we may suspend the service if we need to repair or service any part of the network or if we believe there has been an unusually high use of the service.

What happens if the service is cancelled? You authorise us to use any over payment on your account/money paid in advance to pay for any undisputed outstanding charges. If there are no outstanding charges and the service is not a pre-paid service we will refund on a pro-rata basis any over payment. If you are required to pay for the service by direct debit payment you authorise us to debit any undisputed outstanding charges (including cancellation fee) from your credit card or bank account.

What happens if the service is suspended? You must pay an access fee while the service is suspended. You may be entitled on request to a refund or a rebate of access fees for the suspension period if the suspension was not attributable to you. If it was attributable to you, you may have to pay us a suspension fee and, if you wish to reactivate the service, a reconnection or reactivation fee.

LIABILITY:

Your liability to us: You are liable to us for any breach of the agreement causing foreseeable substantial loss to us. You are not liable to us for consequential loss that is not a result of something you have done.
The following provision applies for SME customers only: You indemnify us against claims made by your end users.

Our liability to you: We accept liability to you in accordance with the Trade Practices Act and other laws. We may be liable to you in connection with the agreement and the supply or interruption of the service only to the extent provided in the agreement. We are not liable to you for consequential loss.
The following provision applies for SME customers only: We limit our liability to $5M per claim or series of connected claims except in respect of personal injury or death.

ACCEPTABLE USE POLICY: You must comply with our Acceptable Use Policy when using the service. The full policy is set out in Appendix H to the agreement.

SingTel Optus Pty Limited ABN 90 052 833 208 trading as Optus Communications
101 Miller Street North Sydney 2060.
'Optus' and 'OptusNet' are trademarks of SingTel Optus Pty Limited.

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