1.1 Section 1.0 applies to all Accounts.

1.2 TALKSCAPE™ agrees to provide You with telephony services under Your nominated Account for the Fees stated in Your application at the time of signing up.

1.3 TALKSCAPE™ may pay commissions or incentives to third parties who introduce clients to the company. These fees may be advised to You upon written request.

1.4 When TALKSCAPE™ accepts Your Application Form, the Contract is formed and You are bound to the Fees, Contract period, and this Agreement until either party terminates the Account in accordance with these Terms and Conditions.

1.5 Your Account is activated when TALKSCAPE™ accepts and processes Your completed Application. Some Accounts require a Provisioning period and activation occurs when Provisioning is complete.

1.6 TALKSCAPE™ will provide You with the required configuration information, Your username, password and other details required for your service. You are responsible for all equipment and software necessary to access the service, including, but not limited to, a broadband connection to the internet, a computer (where required), modem/router with available Ethernet port and any other hardware that may be required.

1.7 You must use a secure password and ensure that this password is not disclosed to any unauthorised person.

1.8 You are responsible for all use of Your Account. TALKSCAPE™ cannot protect You against computer viruses or other security problems.

1.9 TALKSCAPE™ does not accept Accounts from persons under the age of 18. If You allow a minor to use Your Account then You are legally responsible for supervising their usage.

1.10 TALKSCAPE™ will protect Your privacy and will ensure that Your full name, password, payment, personal, and contact details are not disclosed to third parties except as necessary to provide your service or specifically permitted or required by law.

2.1 Section 2.0 applies to all Accounts.

2.2 TALKSCAPE™ makes all reasonable effort to provide You with telephony services. However, occasional scheduled maintenance and operational problems may result in some services not being available. TALKSCAPE™ will remedy any service problems as soon as possible, but TALKSCAPE™ is not liable for any loss You suffer because any part of the telephony service is not working.

2.3 Service availablity cannot be guaranteed, nor can TALKSCAPE™ guarantee the quality of calls.

3.1 Section 3.0 applies to all Accounts.

3.2 TALKSCAPE™ operates a 7 day a week helpdesk, staffed every day of the year except certain public holidays which TALKSCAPE™ would notify You of in advance. If You are experiencing any technical difficulties with Your telephony service, email support@talkscape.com.au. All enquiries related to the administration of your account should go to 1300 131 003.

3.3 You may notify us by post, facsimile or email. We may notify You by post, facsimile or email. You agree to keep TALKSCAPE™ notified at all times of a current e-mail address to which TALKSCAPE™ may send billing and other information.

3.4 Advice from TALKSCAPE™'s staff and representatives is given in good faith but TALKSCAPE™ does not represent that its staff or representatives are experts in the operation of Your hardware or software and You must act on any advice given at your own risk. The hardware & software supplied with new Accounts has been provided in good faith by TALKSCAPE™ and TALKSCAPE™ is not aware of any defects in the this that may interfere with the operation of Your computer hardware or software. However prior to installing any software You should verify that it is compatible with Your computer hardware and software. TALKSCAPE™ does not warrant that the software will be compatible or defect free and you agree to install and use the software entirely at your own risk.

3.5 TALKSCAPE™ makes reasonable efforts to ensure that information on the TALKSCAPE™ website is correct and up to date. However, TALKSCAPE™ does not warrant the accuracy of that material. All information is subject to change without notice.

3.6 TALKSCAPE™ may change Fees or conditions on 14 days notice. TALKSCAPE™ will notify You if the proposed changes would be in any way detrimental to You.

3.7 If TALKSCAPE™ is ever sold to another company, these terms will remain in force during any period of transfer and transition.

4.1 Section 4.0 applies to all Accounts.

4.2 Regular Payments commence from the date Your Account is active with TALKSCAPE™ and are for services provided during the billing period or any part thereof until cancelled. Cancellation of a service before the end of a billing period will not result in a credit for the unused portion.

4.3 All portions of Usage are billed for. Unused Usage monthly allocations are not transferable to consecutive months.

4.4 The Setup Fee is processed upon acceptance of Your application and is non-refundable except where TALKSCAPE™ has received payment of the Setup Fee and the service is deemed to be not available after a Full Service Qualification has been undertaken.

4.5 The Payment Due is payable in monthly, quarterly or annual installments, depending on Your choice of Account. Bills are sent by email in the form of a Tax Invoice as required by the Goods and Services Tax Legislation.

4.6 Usage Charged Accounts are billed the Regular Payment for the billing period in advance. Charges for the Usage are then billed in arrears, unless otherwise stated.

4.7 Unless otherwise stated, Usage Charged Accounts are calculated at the monthly anniversary. All Usage is counted, then Excess Usage plus Regular Payments are billed for.

4.8 Usage Charges relating to calls are based on the rates current on the TALKSCAPE™ website..

4.9 You are responsible for all Fees incurred through the use of Your 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: a) The Customer; b) Another person with or without your knowledge or consent.

4.10 If Your Account has a Contract period, once the Contract period has expired, it will be self renewing on a monthly basis unless otherwise specified.

4.11 If You provide a credit card, it will be debited on the anniversary of your service. At least 30 days notice is required if You do not want a payment to be charged against an existing credit card.

4.12 Any unpaid monies owing to TALKSCAPE™ may be referred to a collection agency.

4.13 Any Defined Abuse that causes significant network issues to TALKSCAPE™ may result in charges to Yourself for TALKSCAPE™'s time.

4.14 Unless otherwise stated, Invoices for business services may be paid by Cash, Cheque or Credit Card whilst residential services must be paid by Credit Card only.

4.15 Dishonoured cheques will incur a $16.50 administration Fee

4.16 A late fee of $16.50 will be incurred by You if for any reason we have not received Your payment in accordance with our payment terms or have been unable to debit Your Credit Card; this includes but is not limited to delays because of insufficient funds, expired, lost or stolen Credit Cards. The onus remains with You to notify us of any of these changes prior to TALKSCAPE™ debiting Your credit card.

5.1 Section 5.0 applies to all Accounts.

5.2 You may change or Terminate Your Account with 30 days notice in writing, subject to the following:

5.4 TALKSCAPE™ may Suspend Your telephony service while investigating any complaint of criminal behaviour or Defined Abuse on Your part. TALKSCAPE™ will monitor or limit the service as required by the lawful direction of a competent law enforcement official.

5.5 TALKSCAPE™ may initiate Termination of Your Internet Access for Defined Abuse and the following will occur:

6.2 If You are disputing any matter with the telephony service provided by TALKSCAPE™, You can make a formal complaint by following the procedure detailed in the Complaints Procedure section below.

6.3 If You dispute any Payments Due, You are required to pay any outstanding invoice, with a refund being made in the event that Your dispute is accepted. TALKSCAPE™ will inform You of the results of the dispute.

6.4 If You dispute any Payments Due, You may request a detailed Usage record. The cost of preparing a detailed Usage record is $80 per hour, with a minimum $80 charge. However, if the dispute returns in Your favour, there will be no detailed Usage record Fee.

7.1 Section 7.0 applies to all Accounts.

7.2. To the fullest extent permitted by law You release and indemnify TALKSCAPE™ and its suppliers from all liability, loss, expenses, damages and costs incurred, (including liability from third party claims) arising from or in connection with any possible disruption or cancellations of phone line services.

Your password is the means by which you secure your account from unauthorised usage. Your password is known to TALKSCAPE™ and our staff for the sole reason of helping you with access problems and will not be disclosed to any person by TALKSCAPE™ staff without your consent. Please note that your password is a shared secret with TALKSCAPE™, and it is in your interests to change the password regularly (on specified Accounts).

Complaints procedure

If you wish to make a complaint about TALKSCAPE™, our services or any associated matter, you may contact us by telephone, email, letter or facsimile. We require all complaints to be in writing. Wherever possible, complaints will be dealt with promptly, and you will receive a response within 5 working days.