{"id":2958,"date":"2024-08-08T14:10:47","date_gmt":"2024-08-08T04:10:47","guid":{"rendered":"https:\/\/eephone.dev.slnet.com.au\/?p=2958"},"modified":"2025-08-14T13:12:46","modified_gmt":"2025-08-14T03:12:46","slug":"general-terms-conditions","status":"publish","type":"post","link":"http:\/\/eephone.com.au\/en_au\/general-terms-conditions\/","title":{"rendered":"General Terms &amp; Conditions"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-post\" data-elementor-id=\"2958\" class=\"elementor elementor-2958\" data-elementor-post-type=\"post\">\n\t\t\t\t<div class=\"elementor-element elementor-element-290d607c e-flex e-con-boxed e-con e-parent\" data-id=\"290d607c\" data-element_type=\"container\" data-e-type=\"container\">\n\t\t\t\t\t<div class=\"e-con-inner\">\n\t\t\t\t<div class=\"elementor-element elementor-element-1eb17fb2 elementor-widget elementor-widget-text-editor\" data-id=\"1eb17fb2\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t\t\t<p>\u00a0<\/p><p><strong>1 INTRODUCTION<\/strong><\/p><p>1.1 These General Terms and Conditions form part of Your Agreement with eephone.<\/p><p>1.2 <strong>Your Agreement with eephone is made up of:<\/strong><\/p><ul><li><strong>Your Application; <\/strong><\/li><li>Critical Information Summary<ul><li>These contain a summary of the most important details of the service, like inclusions, price and term<\/li><\/ul><\/li><li><strong>these General Terms and Conditions<\/strong><ul><li>Telecommunications legislation allows eephone to set out our standard terms in a \u201cStandard Form of Agreement\u201d<\/li><li>These General Terms and Conditions apply to all eephone services and explain how We supply them to You<\/li><\/ul><\/li><li><strong>the Service Description<\/strong><ul><li>This is a detailed description of the services offered by eephone, including the different features, options and availability of a service<\/li><li>These contain terms that apply to different kinds of service We might provide<\/li><\/ul><\/li><li><strong>the Pricing Tables<\/strong><ul><li>These set out the fees or charges for\u00a0Your\u00a0use of the service that eephone may charge\u00a0You, as well as other information such as eligibility criteria and specific details of any pricing plans and some specials that eephone may have on offer<\/li><li>The Pricing Tables refer to the Appendix relevant to the service You have chosen<\/li><\/ul><\/li><li><strong>the\u00a0Appendices<\/strong><ul><li>These\u00a0contain additional information that apply to\u00a0Your\u00a0use of the service, such as information about other call charges and our various policies (including our Fair Use Policy)<\/li><li>These are subject to regular change<\/li><\/ul><\/li><\/ul><p>1.3 &#8211; eephone recommends that You read all of the documents that relate to You and the service You select. In particular, You are advised to carefully check the Pricing Tables so You know what fees and charges apply to Your use of the service. If You require assistance to understand Your obligations, please contact us to discuss.<\/p><p>1.4 &#8211; Words and phrases used in the Agreement may have specific meanings, which are found in the <a href=\"http:\/\/eephone.com.au\/dictionary\/\">Dictionary<\/a>. The Dictionary also sets out the interpretive rules by which the Agreement should be read.<\/p><p>1.5 &#8211; If there is any inconsistency between different parts of the Agreement, that inconsistency is to be resolved by reading the parts of the Agreement in the following priority:<\/p><ul><li>Critical Information Summary<\/li><li>Service Description<\/li><li>these General Terms and Conditions<\/li><\/ul><p>1.6 &#8211; All of the information contained in these General Terms and Conditions, Service Descriptions, Pricing Tables and Appendices can also be found on our website: <a href=\"http:\/\/eephone.com.au\">www.eephone.com.au<\/a><\/p><p>2 &#8211; <strong>TERM<\/strong><\/p><p>2.1 &#8211; <strong>Commencement<\/strong><\/p><p>2.1.1 &#8211; The Agreement commences on the service start date.<\/p><p>2.1.2- If You are a new or existing customer and You have not activated Your service within 5 business days of the Application being approved, eephone may activate the service automatically and without further notice.<\/p><p>2.2- <strong>Duration<\/strong><\/p><p>2.2.1- The Agreement may be a fixed-length agreement or a non fixed-length agreement.<\/p><p>2.2.2- Where the Agreement is a non fixed-length agreement, eephone will continue to deliver the service to You in accordance with the Agreement until the service is cancelled in accordance with clause 8, below.<\/p><p>2.2.3- Where the Agreement is a fixed-length agreement, eephone will deliver the service to You in accordance with the Agreement for the minimum term, and after the end of the minimum term as a non fixed-term agreement unless<\/p><ul><li>You\u00a0give us 30 days\u2019 notice before the end of the minimum term that You wish the service to be cancelled<\/li><li>eephone\u00a0gives You 30 days\u2019 notice before the end of the minimum term that eephone will not continue to provide the service<\/li><li>the Agreement is otherwise terminated in accordance with clause 12, below<\/li><\/ul><ol start=\"3\"><li><strong>AMENDING THE\u00a0AGREEMENT<\/strong><\/li><\/ol><p>3.1 &#8211; <strong>Our right to amend the\u00a0Agreement<\/strong><\/p><p>3.1.1 &#8211; If the Agreement is a non fixed-length Agreement, eephone may amend it from time to time without notice if either:<\/p><ul><li>the amendment will benefit or will not adversely affect You<\/li><li>You agree to the amendment<\/li><\/ul><p>3.1.2 &#8211; If the Agreement is a non fixed-length Agreement, eephone may amend it from time to time with 3 days\u2019 notice if either:<\/p><ul><li>the amendment is required by law<\/li><li>the amendment is necessary for security reasons, to prevent fraud or for technical reasons<\/li><\/ul><p>3.1.3- If the Agreement is a non fixed-length Agreement and clauses 3.1.1 and 3.1.2 do not apply, eephone may amend it from time to time upon 21 days\u2019 notice, provided that You are given the opportunity to cancel the Service on fair terms.<\/p><p>3.1.4- If the Agreement is a fixed-length Agreement, eephone may amend it from time to time without notice if either:<\/p><ul><li>the amendment will benefit or will not adversely affect You<\/li><li>You agree to the amendment<\/li><li>the amendment is in relation to the cost of international services or roaming<\/li><\/ul><p><strong>Note<\/strong>: Before\u00a0You\u00a0travel overseas\u00a0You\u00a0should contact us on\u00a0<span style=\"font-size: 12.0pt; font-family: 'Aptos',sans-serif; mso-fareast-font-family: Aptos; mso-fareast-theme-font: minor-latin; mso-bidi-font-family: Aptos; mso-font-kerning: 0pt; mso-ligatures: none; mso-ansi-language: EN-AU; mso-fareast-language: EN-AU; mso-bidi-language: AR-SA;\">1300 553 678<\/span>\u00a0or see our website\u00a0<a href=\"http:\/\/eephone.com.au\">www.eephone.com.au<\/a>\u00a0for indicative pricing<\/p><p>3.1.5 &#8211; <strong>If the Agreement is a fixed-length\u00a0Agreement, eephone may amend it from time to time where:<\/strong><\/p><ul><li>the amendment is to increase the price of content or a premium service (where eephone are passing on an increase in the cost charged to us by the supplier who supplies that content service or premium service to us), in which situation eephone:<ul><li>will give You at least 21 days\u2019 notice of the amendment where We reasonably can if\u00a0You\u00a0have used the content or premium service within the previous six months<\/li><li>will allow You to elect to not use the content or premium service without attracting any additional charges<\/li><\/ul><\/li><\/ul><p><strong>Note<\/strong>: Mobile premium services can be very expensive. Text STOP to any mobile premium service to cancel it. If You are experiencing problems with a premium service, please contact us. The Communications Alliance (an industry body) has established\u00a0 <a href=\"http:\/\/www.19sms.com.au\/\">www.19sms.com.au<\/a>\u00a0which provides additional information about mobile premium services and how to get help when problems arise.<\/p><ul><li>the amendment is a result of another\u00a0carrier\u00a0or service provider varying their\u00a0agreement\u00a0with eephone so that eephone needs to make consequential amendments to the\u00a0Agreement, in which situation eephone:<ul><li>will give You at least 21 days\u2019 notice of the amendment where We reasonably can<\/li><li>will give You the opportunity to cancel the service on fair terms<\/li><\/ul><\/li><\/ul><p><strong>3.2 -Determining the effect of an amendment on You<\/strong><\/p><p>3.2.1 &#8211; An amendment will be considered to have an adverse effect on You if both the following apply:<\/p><ul><li>You\u00a0have used or been billed for the service affected by the amendment during the previous 6 months<\/li><li>the amendment will likely have more than a minor detrimental effect on\u00a0You.<\/li><\/ul><p>3.2.2- If eephone has determined that an amendment does not have an adverse effect on You, and You disagree with that determination, You should contact us as soon as possible. If You can demonstrate otherwise, eephone:<\/p><ul><li>will offer\u00a0You\u00a0the right to\u00a0cancel the service\u00a0on fair terms<\/li><li>may offer\u00a0You\u00a0an alternative remedy to address the effect of the amendment on\u00a0You.<\/li><\/ul><p>3.2.3- eephone reserves the right to vary the Appendices at any time and from time to time, and such variations will not be considered to have any adverse affect on You.<\/p><p>3.3 &#8211; <strong>How notice is to be given<\/strong><\/p><p>3.3.1- When eephone is required to give You notice of an amendment, it will do so in writing and may do so by any of the following methods according to any details You have provided in the Application:<\/p><ul><li>giving it to\u00a0You\u00a0in person<\/li><li>sending it to\u00a0You\u00a0by mail<\/li><li>sending it to You by email<\/li><li>sending it to You by bill message or bill insert,<ul><li>When eephone is required to give You notice of an amendment in relation to prepaid services, it may do so by making the information available on our website or at retail outlets and informing\u00a0You\u00a0(by recorded message, text message or in writing) of how to obtain information about the amendment.<\/li><\/ul><\/li><li><strong>Cancellation on fair terms<\/strong><ul><li>If\u00a0You\u00a0choose to\u00a0cancel the service\u00a0pursuant to any notice eephone gives You:<\/li><\/ul><\/li><li>You will have 30 days to notify us of Your choice<\/li><li>eephone will\u00a0cancel the service\u00a0on the date on which You notify us of Your choice and You will only have to pay only:<ul><li>Your\u00a0usage charges or minimum monthly spend (incurred to the date on which\u00a0You\u00a0notify us\u00a0You\u00a0wish to\u00a0cancel the service)<\/li><li>any outstanding installation costs<\/li><li>any outstanding equipment charges where that equipment can be used with another service provider<ul><li><strong>If\u00a0You\u00a0have overpaid for the service because either:<\/strong><\/li><\/ul><\/li><li>the service is cancelled during a billing cycle<\/li><li>the amendment related to a price increase that became effective prior to the date\u00a0Your\u00a0service was cancelled,<\/li><\/ul><\/li><\/ul><p>then Your account will be credited (if\u00a0You\u00a0continue to have any\u00a0account\u00a0with us) or otherwise eephone will make reasonable efforts to notify You and refund the overpayment.<\/p><p>3.4.3- If You have paid upfront costs for equipment for a fixed-length Agreement that cannot be used with\u00a0 another service provider upon cancellation, eephone will refund those costs on return of the equipment during the minimum term according to the formula: <em>Upfront cost multiplied by the number of months (or part thereof) remaining in any minimum term, divided by the total number of months in the minimum term<\/em>.<\/p><ul><li><strong>Assignment<\/strong><ul><li>eephone may assign, transfer or novate Our obligations and\/or liabilities under the Agreement to another person (<strong>Incoming Provider<\/strong>) on 30 days\u2019 notice provided that Your rights will not be prejudiced and the Incoming Provider is either:<\/li><\/ul><\/li><li>a related body corporate of eephone<\/li><li>a reputable provider and has agreed to assume those obligations and liabilities<\/li><\/ul><p>3.5.2- You cannot transfer, novate or assign Your rights and obligations under the Agreement without eephone\u2019s consent, which will not be unreasonably withheld.<\/p><p>4- <strong>USING THE\u00a0SERVICE<\/strong><\/p><p>4.1- <strong>Connecting the\u00a0service<\/strong><\/p><p>You\u00a0must reasonably co-operate with eephone to allow us, or a supplier, to establish and deliver the service to\u00a0You\u00a0safely and efficiently. We occasionally need Your consent to do certain things. If\u00a0You\u00a0do not co-operate with us, eephone may be entitled to\u00a0cancel or suspend the service.<\/p><p>4.2- <strong>Quality of the\u00a0service<\/strong><\/p><p>eephone will deliver the service to\u00a0You\u00a0with all due care and skill and will endeavour to make the service available to\u00a0You\u00a0at all times. However, at times the quality and availability of the service may be affected by factors outside eephone\u2019s control, such as weather and faults in phone networks. This is in the nature of telecommunications systems. We cannot promise that the service will be uninterrupted or completely free of faults. Also, the network and the service may from time to time need upgrading, maintenance or other work during which the service could be interrupted or unavailable. In the event of unexpected faults eephone will use reasonable endeavours to ensure the service is restored as soon as possible.<\/p><p>4.3- <strong>Emergencies and exigencies<\/strong><\/p><p>4.3.1- eephone may block access to a number (other than an emergency service number) if eephone reasonably requires this to be done for technical, operational or commercial reasons.<\/p><p>4.3.2- eephone may immediately suspend or cancel the service, or disconnect equipment from the service, if there is an emergency. eephone will try to give You notice of this action.<\/p><p>4.4- <strong>Your responsibility<\/strong><\/p><p>4.4.1- You are responsible for and must pay for any use of the service, whether You authorise it or not, except to the extent that eephone has caused any unauthorised use.<\/p><p>4.4.2 &#8211; You must take steps to ensure that any usernames, passwords, PIN numbers and similar are kept secure and that You contact us immediately You become aware that any have been compromised.<\/p><p>4.4.3- You must use the service strictly in accordance with the Appendices, particularly eephone\u2019s Fair Use Policy, and You must always comply with all:<\/p><ul><li>applicable Laws<\/li><li>directions by a Telecommunications Regulator<\/li><li>notices issued by authorisation of or under a relevant Law (for example, under the Copyright Act 1968 (Cth))<\/li><li>reasonable directions of eephone<\/li><\/ul><p>5- <strong>EQUIPMENT<\/strong><\/p><p>5.1- <strong>Your\u00a0responsibilities in relation to\u00a0equipment<\/strong><\/p><p>5.1.1- You must ensure that all equipment You use in connection with the service and the way You use that equipment complies with all:<\/p><ul><li>applicable Laws<\/li><li>technical standards and similar requirements<\/li><\/ul><p><strong>Note<\/strong>: These standards can be found on the Australian Communication Authority\u2019s website: <a href=\"http:\/\/www.acma.gov.au\">www.acma.gov.au<\/a><\/p><ul><li>directions by a Telecommunications Regulator<\/li><li>notices issued by authorisation of or under law (for example, under the Copyright Act 1968 (Cth))<\/li><li>reasonable directions of eephone, for example due to any danger or interference it might cause<\/li><\/ul><p>5.2- <strong>eephone\u00a0Equipment<\/strong><\/p><p>5.2.1- eephone remains the owner of all equipment supplied to You until it is paid for, in full.<\/p><p>5.2.2- You must not mortgage, charge or otherwise encumber any equipment owned by eephone.<\/p><p>5.2.3- Maintenance and repair of any equipment owned by eephone must be conducted only by Our personnel or a third party supplier referred by eephone.<\/p><p>5.2.4- You are responsible for any lost, stolen or damaged equipment (excluding fair wear and tear) owned by eephone, and for any outstanding payments on that equipment, unless eephone or our personnel cause it.<\/p><p>6- <strong>FAULTS<\/strong><\/p><p>6.1- <strong>Reporting\u00a0faults<\/strong><\/p><p>6.1.1- eephone will provide a fault reporting service for You to report faults.<\/p><p>6.1.2- Before You report a fault to eephone, You must take all reasonable steps to ensure that any equipment that is not equipment owned by eephone does not cause the fault.<\/p><p>6.2- <strong>Assisting eephone in investigating and repairing a\u00a0fault<\/strong><\/p><p>You\u00a0must provide all reasonable assistance to enable eephone or our personnel, or where necessary a third party supplier referred by eephone, to investigate and repair a fault.<\/p><p>6.3- <strong>eephone\u2019s responsibility for repairing faults in the\u00a0service<\/strong><\/p><p>6.3.1- Unless the service description expressly provides otherwise, eephone is not responsible for repairing any fault in the service where the fault arises in or is caused by:<\/p><ul><li>a network fault<\/li><li>equipment that is not owned by eephone<\/li><li>facilities outside the eephone network<ul><li>Where a fault arises in or is caused by a supplier\u2019s network, eephone will notify the supplier of the fault and request its prompt correction, but eephone will not bear any further responsibility arising from the fault<\/li><li>Where the fault arises in or is caused by equipment that is not owned by eephone, Weare not responsible for the repair of that fault.<\/li><\/ul><\/li><\/ul><p>6.4- <strong>Loss of\u00a0access<\/strong><\/p><p>If the fault results in a significant and sustained loss of access to, or use of, the service,\u00a0You may be entitled to\u00a0cancel the service.<\/p><p>7. &#8211; <strong>COMPLAINTS AND DISPUTES<\/strong><\/p><p>7.1 &#8211; <strong>How to make a complaint<\/strong><\/p><p>If\u00a0You\u00a0have any complaints in connection with the service,\u00a0You\u00a0may complain in writing (including by sending an email to\u00a0<a href=\"mailto:enquiries@eephone.com.au\">enquiries@eephone.com.au<\/a> or by calling eephone on\u00a0<span style=\"font-size: 12.0pt; font-family: 'Aptos',sans-serif; mso-fareast-font-family: Aptos; mso-fareast-theme-font: minor-latin; mso-bidi-font-family: Aptos; mso-font-kerning: 0pt; mso-ligatures: none; mso-ansi-language: EN-AU; mso-fareast-language: EN-AU; mso-bidi-language: AR-SA;\"><b>1300 553 678<\/b><\/span>. eephone will handle\u00a0Your\u00a0complaint in accordance with eephone\u2019s Complaints Handling Policy.\u00a0You\u00a0may view this Policy on eephone\u2019s website:\u00a0<a href=\"http:\/\/eephone.com.au\">www.eephone.com.au<\/a><\/p><p>7.2- Where eephone cannot resolve Your complaint<\/p><p>eephone will use its best endeavours to resolve\u00a0Your\u00a0complaint. If, however, eephone is not able to resolve\u00a0Your\u00a0complaint to\u00a0Your\u00a0satisfaction,\u00a0You\u00a0can refer\u00a0Your\u00a0complaint to the Telecommunications Industry Ombudsman, the Department of Fair Trading or The Department of Consumer Affairs in\u00a0Your\u00a0State or Territory, or to the Office of the Federal Privacy Commissioner.<\/p><p>7.3- Where Your complaint is about a fee or charge for the use of the service, provided eephone reasonably believes Your complaint is bona fide, eephone will in most cases, suspend Your payment obligation for that fee or charge only, until the complaint has been investigated and resolved.<\/p><p>7.4- All fees and charges that are not in dispute remain due and payable in accordance with this Agreement.<\/p><p>7.5- Where Your complaint is about a significant loss of access to, or use of, the service and the loss was not as a result of circumstances reasonably attributable to You or equipment that eephone is not responsible for, You:<\/p><ul><li>are entitled on request to a refund or a rebate of any minimum monthly payment for the period in which\u00a0Your\u00a0access or use was interrupted (including when an intervening event occurs)<\/li><li>may be entitled to\u00a0cancel the service<\/li><\/ul><p>8.- <strong>CANCELLING THE SERVICE<\/strong><\/p><p>8.1- <strong>Your\u00a0right to\u00a0cancel a fixed length agreement<\/strong><\/p><p>8.1.1- You may cancel the service by:<\/p><ul><li>giving eephone 30 days\u2019 notice in writing 30 days before the expiry of a fixed length agreement<\/li><\/ul><p><strong>Note<\/strong>: You\u00a0are required to give us this notice if\u00a0You\u00a0do not wish to continue to use the service after the end of the minimum term of a fixed-length\u00a0Agreement, otherwise eephone will continue to supply the service to\u00a0You<\/p><ul><li>giving eephone notice in writing, if any of the following apply:<ul><li>eephone breaches a material term of this\u00a0Agreement\u00a0and eephone cannot remedy that breach, including where there is a significant and sustained loss of access to, or use of, the service and the loss was not as a result of circumstances reasonably attributable to\u00a0You\u00a0or equipment not owned by eephone<\/li><li>eephone breaches a material term of this\u00a0Agreement\u00a0and eephone can remedy that breach, but eephone does not remedy that breach within 30 days after\u00a0You\u00a0give eephone notice in writing requiring eephone to do so<\/li><li>an intervening event prevents the supply of the service in accordance with this\u00a0Agreement\u00a0for more than 14 days<\/li><\/ul><\/li><\/ul><p>8.1.2- If this Agreement is an unsolicited consumer agreement regulated by the unsolicited consumer agreement provisions of the Australian Consumer Law, You may also cancel the service before the end of the cooling-off period which is:<\/p><ul><li>before the end of the cooling-off period which is:<ul><li>if the\u00a0Agreement\u00a0was negotiated otherwise than by telephone, 10 business days from and including the first business day after\u00a0You\u00a0signed\u00a0the Application<\/li><li>if the\u00a0Agreement\u00a0was negotiated by telephone, 10 business days from and including the first business day after\u00a0You\u00a0received written confirmation from eephone of the details of\u00a0the Application<\/li><\/ul><\/li><li>In any event, in accordance with any additional termination rights\u00a0You\u00a0may have relating to unsolicited consumer\u00a0agreements under the\u00a0Australian Consumer Law.<\/li><\/ul><p><strong>NOTE: <\/strong>Details about these additional rights to cancel the\u00a0Agreement\u00a0are set out in the information provided to\u00a0You\u00a0at the time You\u00a0completed\u00a0Your Application.<\/p><p>8.1.3- You may also cancel the service in accordance with clause 3 above. Clause 3 sets out the circumstances that give You the right to cancel the service if eephone has amended the Agreement.<\/p><ul><li>Your\u00a0right to\u00a0cancel a non fixed-length agreement<\/li><\/ul><p>You\u00a0may\u00a0cancel the service by giving eephone 30 days\u2019 notice in writing at any time.<\/p><p>8.3- eephone\u2019s right to cancel a fixed-length agreement or a non-fixed-length Agreement<\/p><p>8.3.1- If the Agreement is a non fixed-length Agreement, eephone may cancel the service at any time by giving You at least 30 days notice.<\/p><p>8.3.2- eephone may cancel the service at any time, upon the giving of notice (except if there is an emergency), if any of the following apply:<\/p><ul><li>there is an emergency<\/li><li>eephone reasonably suspects that\u00a0You\u00a0or any other person in connection with the use of the service has acted fraudulently, illegally or in such way as to pose an unreasonable risk to Our security or network access<\/li><li>any amount owing to eephone in respect of the service (which is not the subject of a valid dispute) is not paid by its due date and eephone gives\u00a0You\u00a0notice in writing requiring payment of that amount to be made, and\u00a0You\u00a0fail to pay that amount in full within ten (10) business days after eephone gives\u00a0You\u00a0that notice<\/li><li>eephone reasonably considers\u00a0You\u00a0a credit risk<\/li><li>You\u00a0breach a material term of this\u00a0Agreement\u00a0(including for the avoidance of doubt, but not limited to, Your\u00a0obligations relating to the use of the service set out in the service description or otherwise the service) and\u00a0You\u00a0cannot remedy that breach<\/li><li>You\u00a0breach a material term of this\u00a0Agreement\u00a0(other than a breach which separately gives rise to rights under this clause) (including for the avoidance of doubt, but not limited to, Your\u00a0obligations relating to the use of the service set out in the service description or otherwise misuse the service) and\u00a0You\u00a0can remedy that breach, and\u00a0You\u00a0do not remedy that breach within 30 days after eephone gives\u00a0You\u00a0notice in writing requiring\u00a0You\u00a0to do so<\/li><li>eephone are required to comply with an order, instruction, request or notice of a Telecommunications Regulator (for example under the numbering regulations), an emergency services organisation, any other competent authority, by authorisation of or under any applicable Law or under any applicable industry code<\/li><li>You\u00a0suffer an insolvency event and eephone reasonably believes that eephone is unlikely to receive payment for amounts due from\u00a0You<\/li><li>You\u00a0die, or if\u00a0You\u00a0are a partnership and the partnership is dissolved, or an Application is made to dissolve the partnership, or\u00a0You\u00a0are a corporation and the corporation is wound up, or an Application is made to wind up the corporation, and eephone reasonably believes that eephone is unlikely to receive payment for amounts due from\u00a0You<\/li><li>the service is suspended for more than 14 days, unless otherwise set out in this\u00a0Agreement<\/li><li>any intervening event prevents the delivery of the service in accordance with this\u00a0Agreement\u00a0for more than 14 days<\/li><li>the Telstra Wholesale network is no longer made available to eephone<\/li><li>eephone is otherwise entitled to do so under this\u00a0Agreement<\/li><\/ul><p>8.3.3- <strong>Multiple services<\/strong><\/p><p>If\u00a0You\u00a0have more than one service with eephone and\u00a0You\u00a0are in breach of\u00a0Your Agreement\u00a0under any service, eephone has the right to cancel all of\u00a0Your\u00a0services if the breach is not rectified and if there are reasonable grounds for eephone to believe\u00a0Your\u00a0continued use of that service represents a credit risk to eephone.<\/p><p>8.4 &#8211; <strong>How to request cancellation<\/strong><\/p><p>8.4.1 &#8211; You can ask eephone to cancel the service by calling us. Your call will be deemed as Your notice to cancel the service.<\/p><p>8.4.2- You may also be able to cancel the service by electing to have an equivalent service to the current service delivered by another carrier or carriage service provider (including, by transferring or porting). That carrier or carriage service provider will inform eephone that You have elected to have the relevant service delivered by them or have it transferred to them and eephone will then cancel the service immediately.<\/p><p>8.5- <strong>When will the service be cancelled?<\/strong><\/p><p>The service will be cancelled on the\u00a0cancellation date.\u00a0You\u00a0will not be able to use the service after the\u00a0cancellation date.<\/p><p>8.6 &#8211; What happens when the service is cancelled?<\/p><p>8.6.1- You are liable for any charges incurred up to, and including on, the cancellation date and any cancellation fee or early termination fee.\u00a0<\/p><p><strong>NOTE<\/strong>: You\u00a0should check the service description and pricing tables for\u00a0Your\u00a0service (and relevant advertising material) for details of any applicable\u00a0cancellation fee.\u00a0You\u00a0will not be liable for any such charges under this subsection if\u00a0You cancel the service\u00a0in accordance with clause\u00a08.1 or 8.2, above.<\/p><p>8.6.2- You authorise eephone to apply any over payment on Your account and\/or money that You have paid in advance for the service which is being cancelled to pay for any undisputed outstanding charges (including the cancellation fee, if any).<\/p><ul><li>Subject to paragraph 8.6.2 above and unless otherwise set out in the Service Description (for example eephone will not refund or redeem for cash any included call credits on a postpaid service), eephone will on request refund any over payment on\u00a0Your account\u00a0and any money that\u00a0You\u00a0have paid in advance for the service which is being cancelled on a pro-rata basis to\u00a0You.\u00a0<\/li><\/ul><p>8.6.4- If You are required under the Service Description to pay for the service by direct debit payment (either from Your credit card or from Your nominated bank account), You authorise eephone to debit any undisputed outstanding charges (including any cancellation fee, if any) from Your credit card or bank account.<\/p><ul><li><strong>Reinstatement<\/strong><\/li><\/ul><p>If\u00a0You\u00a0wish to reinstate the service\u00a0You\u00a0should contact eephone. If the service is cancelled as a result of circumstances reasonably attributable to\u00a0You\u00a0and eephone reinstates the service, then\u00a0You\u00a0may be required to pay to eephone a reconnection or reactivation fee as a condition of reinstatement.<\/p><ul><li><strong>Use after cancellation date<\/strong><\/li><\/ul><p>If, for any reason,\u00a0You\u00a0are able to use the service after the\u00a0cancellation date,\u00a0You\u00a0are liable for any charges incurred by\u00a0You\u00a0for that use, in addition to any other charges under this clause 8.<\/p><p>9-\u00a0 <strong>SUSPENDING THE SERVICE<\/strong><\/p><p>9.1- eephone\u2019s right to suspend or restrict the service<\/p><p>eephone may suspend the service at any time, if either:<\/p><ul><li>any of the circumstances that would entitle Us to terminate the service exist<\/li><li>You have behaved toward Our personnel in a way that has been verbally or physically abusive, threatening or amounts to bullying or harassment<\/li><li>You have made multiple complaints without reasonable cause and continue to do so after We have requested You to stop<\/li><li>doing so is necessary to allow eephone or a supplier to repair, maintain or service any part of eephone\u2019s network or a supplier\u2019s network used to deliver the service<\/li><li>eephone are otherwise entitled to do so under this\u00a0Agreement.<\/li><\/ul><p>9.2 &#8211; <strong>Notice<\/strong><\/p><p>9.2.1-\u00a0 eephone may suspend the service as soon as eephone give You notice in writing of its intention to do so, unless otherwise set out in this Agreement.<\/p><p>9.2.2\u00a0 -eephone will give You as much prior written notice as eephone reasonably can before eephone suspends the service. However, eephone may suspend the service immediately if there is an emergency.<\/p><p>9.3- <strong>Subsequent cancellation<\/strong><\/p><p>If eephone suspends the service, eephone may later\u00a0cancel the service\u00a0for the same or a different reason.<\/p><p>9.4- <strong>Multiple services<\/strong><\/p><p>If\u00a0You\u00a0have more than one service with eephone and\u00a0 any service is suspended in, eephone has the right to suspend all of\u00a0Your\u00a0services.<\/p><p>9.5- What happens when the service is suspended<\/p><p>9.5.1- If You have a fixed-length Agreement and either:<\/p><ul><li>eephone agrees to suspend the service, at\u00a0Your\u00a0request<\/li><li>eephone suspends the service in accordance with clause 9.1 (other than for repairs or maintenance) or otherwise as eephone is permitted to do under the Communications Alliance Telecommunications Consumer Protection Industry Code<\/li><\/ul><p>then<\/p><ul><li>The period for which\u00a0Your\u00a0service remains suspended will not count towards the minimum term<\/li><li>The calculation of the minimum term will recommence when\u00a0Your\u00a0service is reactivated. The first bill\u00a0You\u00a0receive after\u00a0Your\u00a0service is reactivated will include any applicable equipment charges (such as phone instalments) for that month and\u00a0Your\u00a0minimum monthly payment on a pro-rata basis for the period\u00a0Your\u00a0service was suspended<\/li><li>You\u00a0remain liable for all charges due under this\u00a0Agreement throughout any period of suspension<\/li><li>You\u00a0can still make calls to emergency services during any period of suspension<\/li><li>Your\u00a0minimum monthly payment and equipment charges will also be suspended for the period of the service suspension<ul><li>If the service is suspended and the suspension was not a result of circumstances reasonably attributable to\u00a0You\u00a0or equipment not owned by eephone,\u00a0You\u00a0will be entitled upon receipt of a written request to a refund or a rebate of any monthly service charges for the period of suspension.\u00a0You\u00a0should contact Customer Service for\u00a0Your\u00a0refund or rebate.<\/li><li>If the service is suspended as a result of circumstances reasonably attributable to\u00a0You,\u00a0You\u00a0may have to pay eephone a suspension fee.\u00a0You\u00a0should check the relevant Pricing Table for the service concerned to see if a suspension fee applies.<\/li><li>If the service is suspended for payment default eephone will reactivate the service on receipt of payment of the full amount owing.<\/li><li>If\u00a0You\u00a0wish to lift the suspension\u00a0You\u00a0should contact eephone. If the service is suspended as a result of circumstances reasonably attributable to\u00a0You\u00a0and eephone reactivates the service,\u00a0You\u00a0may have to pay eephone a reconnection or reactivation fee.<\/li><\/ul><\/li><\/ul><p>9.6- If You ask eephone to suspend Your use of the service and eephone does not agree to do so, You must still pay any remaining equipment charges by their due date for payment.<\/p><p>10- <strong>LIABILITY<\/strong><\/p><p>10.1- <strong>Your\u00a0liability to eephone<\/strong><\/p><p>10.1.1- You are liable to pay Us all fees and charges applicable to the service as contained in the relevant Critical Information Summary and Pricing Tables, in full and when due.<\/p><p>10.1.2- The fees and charges for Your service may not include all taxes. You must pay any applicable taxes we include as part of an invoice at the same time You pay the fees and charges. This includes GST.<\/p><p>10.1.3- The fees and charges for Your service may be rounded up or down to the nearest whole cent, and 0.5 cents will be rounded up.<\/p><p>10.1.4- You are liable to eephone for any breach of this Agreement by You that causes foreseeable substantial loss to eephone.<\/p><p>10.1.5- You must indemnify eephone against any third party claims (including the legal costs and disbursements associated with such a claim, on a solicitor\/client basis) arising from Your breach of this Agreement.<\/p><p>10.1.6- You are not liable to eephone for any consequential losses eephone suffers or for any costs, expenses, loss or charges that eephone incurs, which are not a result of something You have done or failed to do.<\/p><p>10.2- <strong>Survival<\/strong><\/p><p>The provisions of clause 10.1 are not affected by cancellation or suspension of the service, unless otherwise provided.<\/p><p>10.3- <strong>eephone\u2019s liability to You<\/strong><\/p><p>10.3.1- Nothing in these terms and conditions shall be read or understood to exclude or limit the operation of any provision of the Australian Consumer Law or other applicable law which is not permitted to be limited or excluded.<\/p><p>10.3.2- If the service is used by You in pursuit of financial gain (e.g. to conduct trading of securities), it is important that you have an alternative means of communication. By making your Application, You warrant that you do not rely solely on the service.<\/p><p>10.3.3- If You did not purchase the service from eephone for personal use, eephone disclaims all liability:<\/p><ul><li>for losses that result from the use of the service in connection with the conduct of a business<\/li><li>to\u00a0Your\u00a0end users, whether in contract, tort (including negligence), statute or otherwise<\/li><\/ul><p>10.3.4- eephone is not liable for any loss or damage to the extent caused by You.<\/p><p>10.3.5- eephone is not liable for any loss or damage to the extent caused by Your failure to take reasonable steps to avoid or minimise Your loss.<\/p><p>10.3.6- eephone is not liable for loss or damage to the extent caused by events outside our reasonable control (such as network or equipment failures not owned or operated by us, intervening events, etc).<\/p><p>10.3.7- eephone is not liable for any third party or consequential losses.<\/p><p>10.3.7- eephone\u2019s liability is limited to, in the aggregate for any claim or series of claims, $5 million.<\/p><p>10.4- The liability that We accept under clause 10.3 includes liability for our agents.<\/p><p>10.5- <strong>Survival<\/strong><\/p><p>The provisions of clauses 10.3 and 10.4 are not affected by cancellation or suspension of the service, unless otherwise provided.<\/p><p>11- <strong>GENERAL<\/strong><\/p><p>11.1- <strong>Financial hardship policy<\/strong><\/p><p>The eephone Financial Hardship Policy contains information about how eephone can assist customers who are experiencing financial hardship.\u00a0You\u00a0can view the Policy at\u00a0<a href=\"http:\/\/eephone.com.aul\">www.eephone.com.au<\/a>\u00a0or have a copy sent to\u00a0You\u00a0by calling eephone on\u00a0<span style=\"font-size: 12.0pt; font-family: 'Aptos',sans-serif; mso-fareast-font-family: Aptos; mso-fareast-theme-font: minor-latin; mso-bidi-font-family: Aptos; mso-font-kerning: 0pt; mso-ligatures: none; mso-ansi-language: EN-AU; mso-fareast-language: EN-AU; mso-bidi-language: AR-SA;\">1300 553 678<\/span><a href=\"tel:1300725999\">.<\/a><\/p><p>11.2- <strong>Applicable law<\/strong><\/p><p>This\u00a0Agreement\u00a0is governed by the Laws of the State of Victoria. You\u00a0and eephone submit to the exclusive jurisdiction of the Courts of the Victoria, and any Appellate Courts.<\/p><p>11.3- <strong>Intellectual Property<\/strong><\/p><p>eephone owns all material (including Intellectual Property Rights) developed by eephone or eephone\u2019s personnel, or at eephone\u2019s direction.<\/p><p>11.4- <strong>Intervening Events<\/strong><\/p><p>11.4.1- If an intervening event occurs which prevents You (or any of Your personnel) from performing any of Your obligations under this Agreement (other than an obligation to pay money), then You will not be liable for failing to perform that obligation.\u00a0<\/p><p>11.4.2- If an intervening event occurs which prevents eephone (or any of Our personnel) from performing any of Our obligations under this Agreement (other than an obligation to pay money), then eephone will not be liable for failing to perform that obligation.<\/p><p>11.4.3- You must notify eephone of any intervening event affecting You and use Your best efforts to resume performance in accordance with this Agreement as soon as reasonably possible.<\/p><p>11.4.4- eephone must notify You of any intervening event affecting Us and use its best endeavours to resume performance in accordance with this Agreement as soon as reasonably possible.<\/p><p>11.5- <strong>Waiver<\/strong><\/p><p>If\u00a0You\u00a0breach this\u00a0Agreement\u00a0and eephone does not exercise a right that eephone has because of\u00a0Your\u00a0breach, eephone is entitled to exercise that right at any time and eephone does not waive that right by later exercise.<\/p><p>11.6- <strong>Payment of commission by eephone<\/strong><\/p><p>eephone may pay a commission to any of its personnel in connection with this\u00a0Agreement.<\/p><p>11.7- <strong>Directory Assistance<\/strong><\/p><p>Directory Assistance is available by calling 1223. Please refer to the pricing tables for further details and pricing for the 1223 service.<\/p><p>11.8- <strong>Privacy<\/strong><\/p><p>We collect, use and disclose personal information as set out in Our <a href=\"http:\/\/eephone.com.au\/policies\/privacy-policy\/\">Privacy Policy<\/a><\/p><p>11.9 &#8211; <strong>Information about\u00a0Your\u00a0rights<\/strong><\/p><p>Information and advice about\u00a0Your\u00a0rights can be obtained by contacting the Australian Communications and Media Authority, the Telecommunications Industry Ombudsman, the Australian Competition and Consumer Commission or the relevant Department of Fair Trading or Department of Consumer Affairs in\u00a0Your\u00a0state or territory.<\/p><p>11.10- <strong>Contacting eephone<\/strong><\/p><p><strong>Customer Service:\u00a0\u00a0<\/strong>By phone:\u00a0<span style=\"font-family: Aptos, sans-serif; font-size: 12pt; letter-spacing: 0.8px;\">1300 553 678<\/span><\/p><p>On the internet:\u00a0\u00a0<a href=\"http:\/\/eephone.com.au\">www.eephone.com.au<\/a><\/p><p>By mail: PO Box 5161 South Melbourne Victoria 3205<\/p><p><strong>National relay service:\u00a0\u00a0\u00a0\u00a0<\/strong><a href=\"tel:133677\">133 677<\/a><\/p><p>If\u00a0You\u00a0are deaf of have a hearing or speech impairment\u00a0You\u00a0can use the services of the\u00a0<a href=\"http:\/\/www.relayservice.com.au\/\">national relay service<\/a>\u00a0<a href=\"http:\/\/relayservice.gov.au\/\"><strong>http:\/\/relayservice.gov.au\/<\/strong><\/a>\u00a0to contact us<\/p><p>Translating and interpreting service\u00a0<a href=\"tel:131450\">131 450<\/a><\/p><p>If English is not\u00a0Your\u00a0first language\u00a0You\u00a0can use the services of the national translating and interpreting service.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>\u00a0 1 INTRODUCTION 1.1 These General Terms and Conditions form part of Your Agreement with eephone. 1.2 Your Agreement with eephone is made up of: Your Application; Critical Information Summary These contain a summary of the most important details of the service, like inclusions, price and term these General Terms and Conditions Telecommunications legislation allows [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[54],"tags":[],"class_list":["post-2958","post","type-post","status-publish","format-standard","hentry","category-policies"],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"http:\/\/eephone.com.au\/en_au\/wp-json\/wp\/v2\/posts\/2958","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/eephone.com.au\/en_au\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/eephone.com.au\/en_au\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/eephone.com.au\/en_au\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/eephone.com.au\/en_au\/wp-json\/wp\/v2\/comments?post=2958"}],"version-history":[{"count":58,"href":"http:\/\/eephone.com.au\/en_au\/wp-json\/wp\/v2\/posts\/2958\/revisions"}],"predecessor-version":[{"id":6928,"href":"http:\/\/eephone.com.au\/en_au\/wp-json\/wp\/v2\/posts\/2958\/revisions\/6928"}],"wp:attachment":[{"href":"http:\/\/eephone.com.au\/en_au\/wp-json\/wp\/v2\/media?parent=2958"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/eephone.com.au\/en_au\/wp-json\/wp\/v2\/categories?post=2958"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/eephone.com.au\/en_au\/wp-json\/wp\/v2\/tags?post=2958"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}