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Definitions

In this document, certain words and phrases are defined for accuracy and certainty. Singular definitions include the plural and vice versa, where the meaning requires it.

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™ service.

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.

TALKSCAPE™ Network 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 providers.

Excess Usage Charges means the Fees for the Usage over and above the allocated & included Monthly Usage.

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 Account.

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 Special Term.

Suspension means the act of temporarily withdrawing Your telephony service.

Terminate means the process of TALKSCAPE™ ceasing to provide telephony services to You.

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 TALKSCAPE™'s permission.


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 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.


2.0 Network Agreements

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.


3.0 Administration

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.


4.0 Billing

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.
 

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 all Accounts.
5.2 You may change or Terminate Your Account with 30 days notice in writing, subject to the following:
(i) If You Terminate Your Account and have pre-paid Fees for a set term, no refund is payable;
(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™ website; or
(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.
5.3 TALKSCAPE™ may initiate Termination of Your Internet Access if any Payments Due are not paid to TALKSCAPE™ by the due date. The following will occur:
    1. Your phone service will be temporarily withdrawn until payment is received; and
    2.  
    3. A late payment fee will be imposed; and
    4.  
    5. 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:
(i) TALKSCAPE™ 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 being closed.


6.0 Disputing

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 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.


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 ceases.

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 reason.


 
Passwords
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.

 

 


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