This is a summary of YouPhones’s Standard Form of Agreement (“SFoA”). The SFoA is a Standard Form of Agreement under section 479 of the Telecommunications Act 1997 (“the Act”).
The SFoA sets out the terms and conditions under which Miller Corporation Austrlia PTY LTD (“we”, “us”, “our”) provides certain products and services to its customers (“you”, “your”). The current version of the SFoA and this summary are available from our head office at D27 26 – 28 Roberna Street Moorabbin 3189 or by visiting our website ( www.youphone.com.au ).
This is only a summary of the SFoA. It does not fully describe all of your rights and obligations or those of Eftel. It is provided for your general information. For full details, please refer to the complete SFoA and other documents relevant to your contract.
Some products or services may have special terms and conditions which can not be fully detailed in the SFoA or this summary, due to the large number of products and services that we offer. These terms and conditions were agreed with you when you purchased the product or service. They are indicated in the application forms, other product documentation accessible via our website ( www.youphone.com.au ), or on the product packaging. You are also bound by our Acceptable Use Policy.
The charges are detailed in the agreement you made with us and are also available on our website ( www.youphone.com.au ). You may also obtain a copy from any of our offices.
You are responsible for all charges incurred through use of the service, even if it was not you that used the service.
If you continue to use the service after the expiry date, we may charge you for an additional period of service.
We may change call prices at any time without notice. You may check current call pricing at any time by visiting our website ( www.youphone.com.au ).
We may change any other component of the price of the service by giving you 21 days notice. If we increase the overall price of the service (excluding call costs) during an agreed fixed term, you may cancel the service within 42 days with no early termination fee. However, you must still pay any other charges applicable to the period during which you used the service.
If we provide a telephone service to you, our advertised call prices do not apply to calls that you place via another supplier by using an override code (a special number that you dial prior to the number that you are calling). If you use an override code, we may bill you the amount that the other supplier charges us for that call, plus a service fee.
Our advertised call prices apply only once the service is fully transferred to us. In the meantime, your previous supplier may charge us instead of you for some of your calls. We will bill you the amount of those charges, plus a service fee.
Billing and payment
We will invoice you regularly, usually monthly. We may include amounts omitted from previous invoices. You must pay all charges on your account in full and without any set-off or deduction by the date shown on the invoice.
Generally, unused time, data and included call allowances are not cumulative and are not carried forward from one billing period to the next.
You may pay your bill in the ways shown on your invoice. If you supply your credit card or direct debit details to us, we may debit that account for all charges until you notify us otherwise in writing.
If you do not pay any amount due to us by the due date, we may:
- terminate, restrict or suspend the service and all other services in your name;
- use an external agency to recover the debt;
- charge you a late payment fee;
- charge you a disconnection fee if we terminate, restrict or suspend the service; and
- add our collection costs to the amount that you owe us.
We may report a payment default to a credit reporting agency.
If we suspend or restrict the service due to non-payment, normal charges will continue to accrue while the service is suspended or restricted.
You may check your account usage at any time by visiting our website ( www.youphone.com.au ). We are not obliged to notify you of any excessive or unusual use of the service.
Term of contract
The term of the contract specific to your product or service was agreed with you when you ordered the service.
Termination by you
You may cancel the service at any time by giving us 30 days notice in writing.
You must pay the full balance of the account within 14 days of receiving the final invoice, which may include charges incurred or billed after the date of your cancellation notice and other termination and cancellation charges. We will not pay you a refund for any unused part of the service.
If you cancel the service before the end of an agreed fixed term, an early termination fee will apply. Unless the product description indicates otherwise, that fee will be the number of months remaining in the agreed fixed term multiplied by the monthly access fee.
Termination by us
If we reasonably believe that you may have breached the SFoA or our Acceptable Use Policy, we may terminate, restrict or suspend the service without notice at our discretion. If we do this, we will not pay you a refund for any unused part of the service.
We may terminate the service at any time without notice if the service depends upon a third party service, and the third party withdraws that service from us. If we do this, we will give you a pro-rata refund of any access fees that you have paid in advance.
We may terminate the service at any other time, by giving you 30 days written notice. If we do this, we will give you a pro-rata refund of any access fees that you have paid in advance.
Variations to the Standard Form of Agreement
We may change the SFoA at any time without notice. However, if we believe that any such changes are likely to be to your detriment, we will give you 30 days written notice.
Your rights and remedies
We do not guarantee that the service will meet your requirements. You should conduct your own investigations to determine whether the service is suitable for your needs.
Unless we agree otherwise, we do not warrant that the service is fault-free or that it will be uninterrupted. We may be obliged to carry out repairs in accordance with the statutory Customer Service Guarantee.
To the maximum extent permitted by law, we will not be liable for any losses that you or any other third party may incur, and any statutory liability to you is limited to the maximum extent permissible. You indemnify us against any losses relating to your use of the service. Our liability to you for damages is limited, and some types of damages are excluded.
We do not guarantee local call charge Internet access from all locations. You are solely responsible for verifying Internet call costs with your telephone service supplier.
If you are dissatisfied with our response to your complaint, you may be entitled to refer it to the Telecommunications Industry Ombudsman or to the Office of Fair Trading in your State or Territory.
Equipment supplied by us
If we have provided equipment to you other than by outright sale, then it remains our property. You must return the equipment to us promptly at your expense upon our request or when the service is terminated. You may be liable to pay us the value of any equipment you do not return. You must insure the equipment against loss or damage.
You authorise us and our sub-contractors to contact you regarding anything to do with the service or any other services that we may wish to offer you. You have the right to notify us if you wish to opt out of promotional communications.
You must, at your expense, obtain and maintain all equipment, software and services and other items that you need to use the service.
We may permanently and irrevocably remove your stored email messages from our servers if you do not access your mailbox for more than 3 months.