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1. Services
1.1 Alpha Telecom will provide carriage of long distance (national
and international) calls and fixed to mobile calls to the telephone
numbers nominated by you.
1.2 Services will be provided by Alpha Telecom or a service provider
nominated by Alpha Telecom. Prior to completion of the preselection,
Alpha Telecom may arrange for you to be able to activate the Service
by dialling an override code prior to each use of the Services.
2. Preselection
If you have elected to pre-select for the Services, you agree that
you are transferring the provision of your pre-selectable services
to Alpha Telecom or another service provider nominated by Alpha
Telecom. You appoint Alpha Telecom as your agent to deal with your
current service provider(s) to give effect to such transfers. Alpha
Telecom will notify you within 10 business days when the preselection
has taken place. You can confirm your preselection status by dialling
1428 or the specific override code nominated by Alpha Telecom. If
you have an inquiry about your transfer you can call the Alpha Telecom
customer service centre on 1300 305 266
3. Network Access
Unless otherwise specified, your current service provider will continue
to provide you with network access and associated services. You
will continue to receive a bill from your current service provider
for monthly access and associated charges. You must continue to
pay these bills in accordance with your current service provider's
terms and conditions. You acknowledge that Alpha Telecom will be
unable to provide the Services to you if you do not maintain network
access.
4. Current Provider
Your current service provider will continue to provide services
to you until Alpha Telecom completes activation of the Services.
You must pay your current service provider for all charges you incur
prior to the date Alpha Telecom commences the provision of the Services
to you. Entering this agreement with Alpha Telecom may have consequences
for your agreement with your current service provider. It is your
responsibility to ascertain what consequences may arise. Any discount
plan you are on with your current service provider may no longer
apply.
5. Equipment
You will ensure that all equipment necessary to access the Services
is installed and programmed
6. Billing
6.1 Alpha Telecom will bill you for Services in accordance with
relevant tariffs, rates and charges applying at the time the Services
are used. You acknowledge that a component of the charges is a call
connect fee. Alpha Telecom may vary its rates and charges at any
time without notice to you.
7. Credit and Privacy
7.1 Information sought in this application will be used by Alpha
Telecom to assist in assessing your creditworthiness, and to provide,
administer and maintain the Services and your account. If you choose
not to supply the requested information, then Alpha Telecom may
not be able to assess your application or provide the Services to
you.
7.2 You authorise Alpha Telecom to obtain a commercial or consumer
credit report and to obtain personal information about you from
your current service provider in order to provide the Services.
You acknowledge that Alpha Telecom may use your personal information
for the following purposes:
(a) considering or applying Alpha Telecom's credit policy to your
application for consumer or commercial credit and whether to continue
to provide the Services to you;
(b) ongoing credit management of your account;
(c) ongoing maintenance of credit records about you;
(d) notifying you of information in connection with the Services;
(e) development, research, and direct and indirect promotion of
Alpha Telecom's products and services.
7.3 You acknowledge that Alpha Telecom may disclose your personal
information for the following purposes:
(a) to a credit reporting agency to assess your application for
Services, or to notify of a default by you and to allow a credit
reporting agency to create or maintain a credit information file
about you;
(b) to credit providers to obtain information about the status of
your account;
(c) to collections agents to recover overdue amounts;
(d) to carriers or service providers if required to enable them
to provide the Services to you, or in the event Alpha Telecom is
no longer able to provide the Services to you;
(e) to assignees of all or part of Alpha Telecom's business assets,
including trade receivables;
(f) to government or regulatory bodies and other organisations as
authorised or required by law;
(g) to related bodies corporate, employees, agents (such as outsourcing
agencies) and contractors engaged by Alpha Telecom.
7.4 The type of information referred to in clause 7.2 and 7.3 includes
identifying details (such as name, address, drivers' licence, passport
number), information in your application, whether, in Alpha Telecom's
opinion, you have committed a serious credit infringement, and information
relating to the conduct of your account and your use of the Services.
7.5 If you are a customer who is an individual, or the individual
named as the contact person in the application, you may seek access
to and request the correction of any credit information or personal
information held by Alpha Telecom by notifying Alpha Telecom in
writing of the request and Alpha Telecom may charge a fee for accessing
your information. This provision does not apply to corporations.
8. Liability.
8.1 Alpha Telecom does not warrant availability of the Services
at all times or commencing the supply of Services at a certain time.
This clause does not limit your rights under the TIO scheme or under
any relevant Customer Service Guarantee imposed by the ACA.
8.2 Except as required by the Trade Practices Act 1974, Alpha Telecom
will not be liable to you or any person claiming through you for
any costs, loss, liability, contribution, damages, consequential,
direct or indirect economic loss whether caused by Alpha Telecom's
or its agent's negligence arising from but not limited to Alpha
Telecom's act, omission, failure or delay in connection with providing
the Services; suspension or disconnection of the Services; reallocation
of phone numbers; or the content or confidentiality of any communication
using the Services.
8.3 Where Alpha Telecom is not able to exclude liability, you agree
that the total liability of Alpha Telecom to you or a person claiming
through you is limited at the option of Alpha Telecom to supplying
the Services again or paying for the cost of doing so.
9.Suspension/Disconnection
Alpha Telecom may suspend and/or disconnect your Services and/ or
terminate this agreement (at Alpha Telecom's discretion) without
prior notice:
(a) if you breach any of these terms and conditions or any term
or condition of any other agreement with Alpha Telecom or its related
bodies corporate;
(b) if Alpha Telecom is unable, for any reason including any act
or omission of any provider, to supply or provide the Services;
(c) if Alpha Telecom is unable to contact you at your notified address;
(d) if Alpha Telecom forms a view, based on information supplied
by you or any credit agency or credit provider, that you may not
be willing or able to meet obligations in relation to payment for
Services;
(e) if you become or in Alpha Telecom's reasonable opinion are likely
to become insolvent;
(f) in the case of an individual, on death or filing for bankruptcy,
in the case of a partnership, on dissolution or filing of an application
for dissolution, or in the case of a company, on filing of an application
for winding up, or appointment of an administrator;
(g) if any information provided by you is in Alpha Telecom's opinion,
incorrect;
(h) if you exceed a credit limit imposed by Alpha Telecom; or
(i) if otherwise reasonable or necessary.
10. Termination
You acknowledge that you will continue to be pre-selected to Alpha
Telecom until you pre-select another service provider, or your telephone
service is cancelled. You remain liable for any charges you incur
up to the effective date of alternative pre-selection or cancellation.
You may request termination of the override service at any time
by notice in writing to Alpha Telecom. No refund of any fees, including
any monthly access fees, will be granted, and no credits to your
account will be redeemable or convertible to cash or any other form
of credit.
11. Assignment
Alpha Telecom may obtain an alternative provider to provide Services
to you, and may assign its rights and benefits under this agreement.
You acknowledge that an assignee of Alpha Telecom may enforce its
rights under this agreement. You may not assign any rights under
this agreement without the prior written consent of Alpha Telecom.
12. Use of Services
Services are made available to you on condition that you do not
resupply or resell or otherwise make Services available for any
person other than you or persons authorised by you, and that you
do not use the Services in any way or for any purpose prohibited
by law. You agree to indemnify Alpha Telecom to the fullest extent
permitted by law against any claims resulting from a breach of this
agreement and/or use of the Services provided to you whether engaged
in by you or any other person. Voice services are for voice calls
and any attempt to use the service for anything other than voice
calls will result in additional timed charges being applied and/or
the suspension or termination of the service.
13. Confidentiality
You must keep confidential all passwords you have nominated in connection
with your accounts. You agree that Alpha Telecom may act on the
instructions of and disclose any information in connection with
your accounts to anyone who correctly quotes your password.
14. General
14.1These terms are governed by the laws of New South Wales. You
submit to the non-exclusive jurisdiction of courts of New South
Wales.
14.2 Except as otherwise noted in these terms, these terms are the
entire agreement between you and Alpha Telecom in relation to the
Services. To the extent permitted by law, all other representations
and warranties are excluded.
14.3 Any invalid, unenforceable, or illegal terms will not affect
enforceability of any other of these terms.
14.4 Alpha Telecom may vary these terms at any time without prior
notice and will advise of any changes via the website www.alphatelecom.com.au.
Alpha Telecom may change the manner in which the Services are provided
to you, including by changing the service provider, without notice
to you.
14.5 If you have a complaint about the Services or Alpha Telecom's
administration of your account, you must notify Alpha Telecom in
writing at its postal address.
15.STD charges apply to customers accessing the Alpha service from
outside the Sydney, Melbourne, Perth, Brisbane, Gold Coast, Wollongong
and Adelaide local call dial areas
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