TeleSEQ reserves the right to update and alter the Terms of Service at any time without notice. Any other new features that may be added to the service shall be subject to the Terms of Service and if you continue to use the service after any such modifications have been made, this shall represent your agreement to such modifications. You may always view the most recent copy of the Terms of Service at our website: https://apps.teleseq.com.au

Violation of any part of the Terms of Service may result in termination of your account.

Agreement for serviceA legally binding agreement is made between TeleSEQ and the Customer when we accept your Application Form for Services which may be completed and signed by you personally, submitted online or completed by us on your behalf over the telephone. It should be confirmed by the person applying for the service that they have full power and authority to do so on behalf of the Customer.

Your agreement will start from the date of installation or transfer of the service from your existing carrier and continue for the term and after that until terminated by you or us in the manner set out below. You should check any agreement you may have with an existing carrier to make sure that you understand any effects of transferring your service.

Your agreement will extend to each of the services listed under your selected plan. It may also include any new numbers or services that are requested by you in the future and that we agree to provide. We may ask you to change to a different tariff sheet in future.

We will endeavour to provide the services in agreement with the relevant Service Description but may change some elements of the Service Description at any time for operational or network plan reasons. We will make every possible effort to ensure that such changes do not adversely impact your use of TeleSEQ service.

You agree that TeleSEQ may obtain a credit report from a credit reporting agency containing personal credit information about you for assessing your application and for providing commercial credit.

You must provide your full legal name, a valid email address and any other required information in order to complete the sign-up process. All information provided by you shall be true and accurate and will be relied upon by us for the provision of the service.

You are accountable to maintain the privacy and security of your account. We will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password used for accessing the services.

We may communicate with you via email concerning your account, system updates, or other issues associated with your account.

TeleSEQ may at times route your call(s) via a carrier who does not support Caller Line Identification Presentation (CLIP) for reasons of network maintenance, server outage or other related reasons.

You acknowledge that:

• The service requires a functional broadband connection to the internet
• The broadband service may not be provided by TeleSEQ
• Loss of service will prevent all outbound calls including emergency 000 calls

There may be loss of service and TeleSEQ will not function in the event of power failure or termination of service by your Internet Service Provider. You will however, continue to be billed for the service unless and until we or you terminate the service in accordance with this agreement.

BillingFees and charges applicable to your service will commence from the date of connection to TeleSEQ.

TeleSEQ will send automatically generated email to its customers whenever the account is topped up either via web login interface or by making a call to TeleSEQ support/billing team.

We will send automatically generated invoice to you once each month detailing the charges of your service usage. You must pay any outstanding fees and charges by the invoice due date. For cases where direct debit authority has been signed, all fees and charges will be billed to your nominated credit card or bank account.

Any charges that we carry forward and do not bill at that time can be billed by us within 190 calendar days from when the charge was incurred by you. We will send you an emailed copy of your bill but you can also access it by logging on to your account on the TeleSEQ Website – https://apps.teleseq.com.au

TeleSEQ issues invoices solely as a PDF file via e-mail or as a download. TeleSEQ doesn’t send invoices via normal postage in printed paper format.

It is generally not possible to issue an invoice in paper form. The Customer accepts that invoices are sent via e-mail although a confidential transfer of the data cannot be guaranteed.

If you do not receive your invoice, it is your responsibility to notify us immediately.

You will be charged for the calls made according to the chosen call plan.

Customers are responsible for all fees incurred through the use of their account, regardless of the source of usage. The Customer will be responsible for and liable to pay all applicable charges relating to the service, whether such use was made by them or by another person with or without their knowledge or consent.

We reserve the right to make changes to the Pricing Plans at our discretion without notice. Price revisions may happen when (and as deemed necessary) by us. Any changes to the service tariff or plans will be updated on TeleSEQ’s website.

All of our bills are itemised and designed in a way which is easily understandable for you. If you need clarification of any entries on your bill you should contact us as soon as possible and in any event before the due date for payment of the bill.

If you dispute any item on your bill you must pay the whole of the bill including the disputed balance within the time fixed for payment and TeleSEQ will refund any amounts that it agrees should not have been charged if it is established to TeleSEQ’s reasonable satisfaction that you are not liable for the same.

Payments Provision of the service is conditional upon the Customer paying all fees and charges applicable to the service in accordance with this agreement and the tariff of their selected service plan.

If payment is made by credit card, TeleSEQ reserves the right at any time to stop accepting credit cards from one or more providers.

If the Customer's credit or debit card data or other data related to the payment procedure change, the Customer must update this information immediately by logging into their account or by making a call to TeleSEQ’s friendly customer service team.

If the Customer fails to update his/her credit or debit card details or other data relevant for payments, or if the Customer cancels a direct debit authorisation or the Customer causes a return debit note, a negative balance may result. In this case, TeleSEQ is entitled to request the Customer to balance their negative account. We are entitled to charge processing costs with a flat rate of AUD$45.00 (Inc. GST)

You agree to pay the Charges without any set-off or deduction on or before the due date as stated on the invoice by payment by bankers direct debit (or such other means as TeleSEQ may accept) In addition, if you fail to pay the Charges, and TeleSEQ chooses to pass your account to a debt collection agency, you agree to be liable for any and all additional costs related with this debt collection process.

Without prejudice to any other rights or remedies TeleSEQ may have, we will charge you a fee of AUD$45.00 (inc. GST) or 5% of the outstanding balance (whichever is greater), if you do not pay the whole or any part of your bill by the date it falls due. In case you breach your agreement we may also charge you AUD$125.00 reconnection fee for resuming the services after they have been suspended or terminated.

If you do not succeed to pay any bill by its due date then you will lose the benefit of any relevant Reward Program that you would otherwise have been entitled to in respect of that month or any discount to which you would otherwise have been entitled.

Dishonoured cheques or direct debit drawings will incur a AUD$10.00 (including GST) administration fee.

If you accept an equipment upgrade, special offer, promotion or benefit, such as a free month of service, free installation, a rebate or other incentives, there may be a term of commitment associated with the benefit you accepted. The Commitment will be disclosed as part of the promotion and commences on the date you activate the new equipment or accept the special offer, promotion or benefit. If your service is disconnected prior to the end of the Commitment period, you agree to pay TeleSEQ a recovery fee in an amount equal to the difference between the price you paid and the Recommended Retail Price (RRP) of the goods, service or other benefits you received at the time the commitment period began.

Number PortabilityNumber Portability of Direct In-Dial ranges is supported in most instances however some number ranges are locked to certain carriers and cannot be ported to TeleSEQ.

Any numbers that you wish to port must be an active service with your current service provider. A telephone number associated with a suspended or disconnected account with your current service provider cannot be ported and any associated porting requests will be rejected.

Any additional complex services attached to the number like Line/Rotary Hunt, Fax Stream/Duet Services, Voicemail, Digital Subscriber Line, ADSL/SSS services need to be removed/disassociated prior to submitting a porting request. These cannot be transferred and may result in the loss of any such additional services provided by your existing service provider.

You may not be able to port your number if moving to a different geographical location.

Porting of your 13, 1300 or 1800 number service will be conducted in conjunction with Industry Numbering Management Services Ltd (INMS).

In the event that you nominate an incorrect customer name, losing carrier name or account number on a porting form your application may be rejected, your application to port will be delayed and port rejection fees will apply.

Your current service provider may also reject a port request if the information you provide is incorrect or does not match the data held by them. In this case, you authorise us to correct the information and resubmit the request to port your telephone number or dispute the rejection by your current service provider.

In the event of a port rejection, withdrawal or reversal, TeleSEQ is not responsible for any period of outage and no responsibility is accepted by us for any loss of income or business as a result of a port being rejected.

Other obligationsBy accepting these terms, you are agreeing not to allow through your actions, or those of others, the use of services from TeleSEQ for unlawful, immoral or illegal purposes; including but not limited to making offensive, life threatening, unwelcome, indecent or prank/hoax calls, using the services fraudulently or to commit or further a criminal offence.

You must inform us if there is any change of ownership or control of the Customer or if any events occur which may stop or inhibit you from paying your bills or if you become insolvent or if any directors or partners of or in the Customer are convicted of any crime.

You will pay all charges levied by your previous carrier up to the time when your services are transferred to TeleSEQ and indemnify TeleSEQ against any claims or losses arising from the transfer of your service.

In case of your decision to transfer to a new Carrier you will pay TeleSEQ all amounts due to TeleSEQ under the terms of your agreement with TeleSEQ before doing so.

If you would like to transfer your services or those provided to you by TeleSEQ to another Provider, you will need to contact the other Provider in order to pursue this.

TeleSEQ reserves the right to charge a fee for porting your telephone numbers to or from TeleSEQ. Not all numbers can be ported to or from TeleSEQ, and we reserve the right to reject any porting request.

PlansThere is a description of the available plans with TeleSEQ on a number of different Tariff Sheets which can be obtained from our offices or website. You can also ask our friendly customer service team to send them to you by post, fax or e-mail.

TeleSEQ may vary the nature of its plans and/or increase the rates shown on its Tariff Sheets from time to time. If these changes affect you we will give you 21 days prior notice of the change and you may cancel your agreement during the period of 42 days of receiving such notice subject only to payment in full of all charges and costs incurred prior to the cancellation taking effect.

The following terms apply to all of TeleSEQ plans except where the contrary is stated on the relevant Tariff Sheet:

• Rates are quoted in Australian dollars
• Rates quoted are inclusive of GST

If there is a fixed monthly charge for the service under a fixed term then TeleSEQ will bill out any unexpired period at the specified rate as soon as it is aware that termination will take place.

If you terminate your fixed term agreement with TeleSEQ and such termination results in your agreement coming to an end prior to the end of the Term; you shall pay a termination payment equal to:

• The discounted value if you have subscribed to a discount on the purchase of equipment for supply: and or the amount of your monthly “Plan Access Fee” and or “Rental Fee” during the term multiplied by the number of months or parts of months of the unexpired term at the date of termination; plus GST.

Liability and Indemnity Unless it may not do so because of the principles of an Industry Code or by the general law or the regulations of ACMA or a body competent to impose such controls, TeleSEQ will use all reasonable care in providing the services.

TeleSEQ accepts no responsibility for any loss or damage of any nature relating to the same in any way.

You accept that TeleSEQ’s liability is limited for any service outage and inability to dial 000 or to access emergency services.

TeleSEQ will never be responsible for lost profits or opportunities or for pure economic loss.

TeleSEQ will apply the Industry Codes and the Internet Industry Privacy Code of Practice if inconsistent with the terms hereof.

You accept and agree that you will have no claim against TeleSEQ or any underlying network access provider if you are unable to access the service and the exclusions and limitations of liability in this clause shall apply to all claims arising from your use of the service including claims against our business associates.

To allow us to offer you competitive pricing whilst maintaining a high standard of customer support you agree to waive certain rights you have under the Customer Service Guarantee (CSG) also known as Telecommunications (Customer Service Guarantee) Standard 2000 (No. 2). By using TeleSEQ’s services you will be deemed to have waived your rights under the CSG, unless you inform us within 7 days of submission of your Application for Services that you no longer wish to waive those rights. If you inform us with the 7 day period, we may repudiate to accept your Application for Services.

We shall not be liable for you or any third party in contract, for negligence or breach of statutory duty, or otherwise, for any loss of revenue, business, anticipated savings, profits, (whether or not in each case they are considered to be direct or indirect losses) corruption or destruction of data, or for any indirect or consequential loss howsoever arising, or in connection with any computer virus or system failure even if we are expressly advised of the possibility of such damage or loss.

In the event of any failure in the service, we shall not be liable for any charges incurred by you, should you divert your traffic to another provider.

You will indemnify TeleSEQ from and against any and all costs, expenses, (including reasonable legal fees), claims, demands and actions arising from or related to any breach of this agreement or any misuse of the service or equipment (whether or not supplied by TeleSEQ).

We shall not be liable to you for any loss or damage due to any cause beyond our reasonable control such as failure or shortage of power supplies, acts or omissions of other communications providers, compliance with any law or court order, acts or omissions of local or central government or other competent authorities.

If the principles of an Industry Code or the general law or the regulations of ACMA or a body competent to enforce such controls require TeleSEQ to take responsibility for any loss or damage, then such responsibility will be restricted to one of the following at TeleSEQ’s option:

• The replacement or repair of the relevant goods or the supply of equivalent goods; or
• The payment of the cost of replacing the goods or of acquiring equivalent goods; or
• The supply of the relevant services again or the payment of the cost of having the services supplied again.

We shall not be in breach of this agreement for any delay or failure in performance if such delay or failure is due to a cause beyond our reasonable control.

You must compensate TeleSEQ if you fail to abide by the terms of your agreement for any loss that it suffers as a result.

If you do not succeed to abide by the terms of your agreement, in addition to meeting any claims that TeleSEQ may bring against you, you will take responsibility for and hold TeleSEQ harmless from any liability to TeleSEQ arising as a result of such failure as well as any sums by way of indemnity legal and other costs, charges and expenses TeleSEQ may incur as a result of such matters.

You authorise TeleSEQ to make any payments or to conform with any demands in respect of such failures by you, without any reference to or further authority from you, and you agree that any such payment shall be binding on you.

Termination and Supensions Without prejudice to our rights to terminate this agreement, we may suspend the service at any time if we reasonably believe you are in breach of any terms of this agreement or any other agreement with us.

Disputes If you are discontented with the services or with any actions taken by TeleSEQ you should give notice of this directly to TeleSEQ.

Both you and TeleSEQ’s complaints officer must take all reasonable steps to discuss the matter and try to resolve the same within 21 business days.

You agree not to refer any matter to the Telecommunications Industry Ombudsman until you discuss, send a notice and try to resolve the matter with TeleSEQ complaint resolution team.

TeleSEQ will be entitled to treat any notice as duly served if either:

• It is sent by post and is not returned as undeliverable by Australia Post; or
• If sent by fax and the fax is successfully transmitted to the correct number; or
• If sent by e-mail and the e-mail is not rejected by the system within 7 days after being sent.

Notices to TeleSEQ's complaints officer must be in writing, clearly addressed to 'The Complaints Officer' and sent to TeleSEQ at TeleSEQ's address shown on the website or any new address notified to you by TeleSEQ from time to time by registered post or delivered by hand to that address.

Variations and Notices TeleSEQ may make changes to these terms and conditions from time to time by varying the version available on the TeleSEQ Website.

TeleSEQ may also modify its plans from time to time. All applied changes will be made available on TeleSEQ website – http://www.teleseq.com.au

Refunds and returns for purchased EquipmentTeleSEQ has a return or refund policy for all goods purchased from the TeleSEQ website. Goods which are delivered in a non-working condition or which are determined to have a major problem are eligible.

For a major problem, if it cannot be fixed or would take too long or too difficult to fix you can:

• Return the item and choose a refund or exchange, or
• Keep the item and we will compensate you for any drop in value.

For a minor problem, if it can be fixed within a reasonable time we will:

• Repair it within a reasonable time, or
• Give you a refund or exchange.

When you are NOT entitled to seek a refund

• Changed your mind.
• Have ordered the wrong item.
• Found the goods cheaper elsewhere.
• Were aware of the relevant fault before buying the goods.
• Damaged the goods by misusing them.

Further information can be found here
http://www.consumer.vic.gov.au/shopping/refunds-and-returns/online-purchases

Warranty We guarantee that we shall provide the service with reasonable skill and care, within a reasonable time and substantially as described in this Terms & Conditions and in the Service Description. We do not guarantee that the provision of the service will be fault free or uninterrupted but will use all reasonable skill and care to provide and maintain the service. We do not make any other promises or warranties about the service. You acknowledge and agree that in entering into this agreement you do not do so on the basis of that the service will always be optimal, and do not rely on any representation, warranty or other provision except as expressly provided in this agreement and all conditions, warranties or other terms implied by statute or common law are excluded to the full extent permitted by law. The equipment and the service are made available for your own use only.

We reserve the right to alter or discontinue the service respectively part of the service, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the service. We will not be liable to you or any third party in the event that we exercise our right to modify or discontinue the service.