In this document, certain
words and phrases are defined for accuracy and certainty. Singular
definitions include the plural and vice versa, where the meaning
Account or Plan means the
service chosen with TALKSCAPE™ and defines the following:
(i) Volume of Calls;
(ii) Pricing details (of the Setup Fee, Regular Payment, Excess
Usage and Special Conditions);
(iii) Contract Period;
(iv) Account Specification; and
(v) Terms and Conditions.
Application or Application
Form refers to the form containing:
(i) The Account holder details;
(ii) Payment details; and
(iii) The specific details of the Account.
Broadband means a high-capacity
communications pipeline capable of delivering simultaneously
a range of voice, video and data services to the home.
Contract means the contract
between TALKSCAPE™ and You that comes into effect on acceptance
by TALKSCAPE™ of your Application.
Downtime means periods of
unavailability or limited availability of the TALKSCAPE™
TALKSCAPE™ means the
telephony service provided by Escape Communications Pty Ltd,
(A.C.N. 092 262 372) hereinafter known as "Escape"
with a postal address of P.O. Box 404, Elsternwick, Victoria
3185. Our telephone number is 1300 131 003 & Fax is 1300
880 104. Our general email address is info@TALKSCAPE™.com.au.
means any components of hardware and/or software used to supply
Your service. This may include components managed directly by
TALKSCAPE™ or supplied to TALKSCAPE™ by 3rd party
Excess Usage Charges means
the Fees for the Usage over and above the allocated & included
Fee means a sum charged
by TALKSCAPE™ to You.
Internet Access means connection
to the global network of networks known as "The Internet" using
software protocols supported by the Internet Service Provider
(ISP) to connect Your computer equipment to the ISPs network.
This includes access to email and the World Wide Web.
Payments Due means any invoiced
amount issued to You by TALKSCAPE™ arising under the Account
or the Contract.
Provisioning means the time
necessary to complete any work that is required for You to be
able to access or terminate the connection speed of Your nominated
Regular Payment is the periodic
Fee due to TALKSCAPE™ from You for Your telephony service,
excluding Setup Fee, Excess Usage and Special Conditions.
Setup Fee refers to a once
off Fee stated on the Application Form for Account setup.
Special Conditions means
the terms and conditions endorsed on the Application Form which
impose fees, conditions and limitations on the provision of
Internet Access and include the Account Specifications and any
Suspension means the act
of temporarily withdrawing Your telephony service.
Terminate means the process
of TALKSCAPE™ ceasing to provide telephony services to
Customer, You and Your refer
to the customer of TALKSCAPE™ named in the Application
Form, and includes any person using the Account with or without
Terms and Conditions
These Terms & Conditions along
with the plan details on the TALKSCAPE™ Website at www.TALKSCAPE™.com.au
make up the entire agreement under which a Customer agrees to
be bound in return for provision of services from TALKSCAPE™.
1.0 Service Agreements
1.1 Section 1.0 applies to
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
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
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.
2.0 Network Agreements
2.1 Section 2.0 applies to
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
2.3 Service availablity cannot
be guaranteed, nor can TALKSCAPE™ guarantee the quality
3.1 Section 3.0 applies to
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 email@example.com.
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
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
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
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
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™
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
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.
4.17 Subject to approval,
a business customer may pay for services other than by Credit
Card however if payment has not been received within 30 days
from invoice, a late payment fee of $16.50 will be applied
and services suspended.
4.18 Where the Regular
Payment amount of an Account is pre-paid for a period of time,
in the event that TALKSCAPE™ is unable to obtain payment
by the payment method produced by the customer for Usage charges,
TALKSCAPE™ may use the pre-paid amount to offset these
charges and suspend or terminate the service at it's discretion.
Notwithstanding the above, any early termination or other
fees applicable would then be payable immediately.
5.0 Suspension and Termination
5.1 Section 5.0 applies to
5.2 You may change or Terminate
Your Account with 30 days notice in writing, subject to the
(i) If You Terminate
Your Account and have pre-paid Fees for a set term, no refund
(ii) If You wish to change Your Account You may do so at the
end of a pre-paid period, and You will incur a plan change
Fee on specified products which can be found on the TALKSCAPE™
(iii) If Your Account has a fixed Contract period, service
cancellation within the Contract period will incur an Early
Termination Fee which can be found on the TALKSCAPE™
website. (Any excess charges are payable immediately)
(iv) If You wish to terminate Your account, the balance must
be at a nil value, having no outstanding amounts owing otherwise
your account will still be chargeable, notwithstanding that
service may be suspended during this period of non-payment.
may initiate Termination of Your Internet Access if any Payments
Due are not paid to TALKSCAPE™ by the due date. The
following will occur:
Your phone service
will be temporarily withdrawn until payment is received;
A late payment
fee will be imposed; and
If a Suspended
Account remains unpaid after a reasonable period as
TALKSCAPE™ may permit, the Account will be closed.
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:
will notify You at the time of Termination;
(ii) TALKSCAPE™ will have the right to levy a reasonable
Fee for any costs incurred as a result of the Defined Abuse.
5.6 TALKSCAPE™ is
not responsible for any loss incurred as a result of Your Account
6.1 Section 6.0 applies
to all Accounts.
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.
7.0 Third Parties
7.1 Section 7.0 applies to
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.
8.0 Additional Clauses for TALKSCAPE™ Accounts
9.0 Additional Clauses
for Telephone Services
9.1. You acknowledge
that although we will take all reasonable steps to ensure
you receive the voice service all of the time, the voice service
is not free from faults or interruptions. Certain factors,
such as network congestion, maintenance, technical capabilities,
geographic factors, obstructions or interference may mean
you will not receive the voice service at certain times.
9.2. When using this
service, you will ensure that you and others comply at all
times with all laws and obligations, regulations, codes or
determinations or any other requirements of any government
or statutory authority, including licence conditions, applicable
to the services and their use. Failure to comply with any
licence, permit or authorisation relating to the connection
of equipment to the Service Delivery Point or use of the services
may result in immediate termination of the agreement.
9.3. We may ask you to
pay a deposit for some or all of the service charges in advance,
in order to receive or continue receiving your service. You
are still required to pay us your monthly charges.
9.4. Fees and charges
applicable to your service will commence from the date of
signup. You must pay hardware and services charges (and taxes)
together with any additional charges applicable to your service.
9.5. We will email an
invoice to you no less frequently than monthly. All fees and
charges will be billed to your nominated credit/charge card.
If we are unable to debit your credit/charge card, you will
incur extra charges.
9.6. We can decide that
you have a credit limit. If so, we will tell you what that
credit limit is. If you exceed the credit limit, we may suspend
the service until you pay all call charges.
9.7. Your term begins
when you signup and continues for the period of time until
you disconnect. Should your details change at any time, you
must notify us immediately. If you want to discontinue your
connection, you must give us 30 days written notice.
9.8. You acknowledge
that your use of the service is bound by these terms and conditions
in conjunction with the details of the telephone service as
described on the TALKSCAPE™ website located at www.TALKSCAPE™net.com.au.
9.9. Rates are subject
to change at any time however we will notify you when these
changes occur and billing based on the new rates will commence
from that notification.
9.10. Where you are receiving
a discounted rate for a service that is bundled with a telephony
service, in the event that the telephony service is terminated
or suspended, you will be charged the normal retail price
for that service from the date that the telephony service
10.0 General Agreement
10.1 Section 10.2 applies
to all Accounts.
10.2 You indemnify and
agree to keep indemnified TALKSCAPE™ from and against
all actions, claims, suits, demands, liabilities, costs or
expenses arising out of or in any way connected to Your use
of the Internet Access. This indemnity is a continuing obligation
separate from Your other obligations under the Contract and
will continue despite termination of the Contract for whatever
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).
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.