QC Terms and Conditions

  1. The Agreement

An agreement is formed when you apply to acquire a service from us and we accept your application.

The application may be made over the phone, or by completing an online ordering process or a physical order form. You warrant that you are over 18 years of age and legally entitled to enter into the agreement.

The agreement is made up of your application and these terms and conditions.

  1. Period of the Agreement

The agreement Commences when your application is accepted by us.

For contracts other than fixed period contracts, the agreement will continue until it is terminated by either party on 30 days notice or otherwise in accordance with the agreement

For Fixed period contracts, the agreement will continue:

(a) for the maximum contract period referred to in your application

(b) until it is terminated as per section Suspension/Disconnection of the Service

If neither you nor we cancel the agreement at the end of the fixed period contract we will continue to supply the service to you on a month to month basis.

Changes to the Agreement

We may make changes to the agreement under the following circumstances:

(a) where you agree to change the agreement

(b) where the changes will not adversely affect you

(c) where the change is to introduce or vary a fee or charge to pass on a tax or levy imposed by law and, before the change takes affect we have given you notice.

(d) Where the change is to introduce a charge associated with a content or premium service where we rely on a third party for the service and the third party increases its price to us and before the changes take effect, we have given you notice of the change.

(e) If the agreement is a fixed period contract and the change is adverse to you and we provide to you not less than 21 days notice of the change

We may withdraw and plans or packages at any time by giving you notice but such withdrawals will only take effect from the end of your current fixed term contract period.

Notice of the change to the agreement may be given by us:

(a) by email to your nominated email account

(b) with or as a part of a bill

(c) otherwise is writing by fax or mail.

Changes to these terms and conditions will be made available online and we encourage you to check them regularly.

Applications:

Your warrant that all information provided to us in your application is true and correct in all material respects and you acknowledge that we will reply on it. You agree that if you give us incorrect information during an application which is then relied upon and used by a third party carrier for the provision or attempted provision of a services you will be liable for resubmission payment to us.

 

We may refuse an application for service under the following circumstances:

(a) where there is a technical limitation to our ability to provide you the service, including where there are network capacity constraints.

(b) where you have not completed an application process correctly or have been unwilling to provide us with a document or information we require.

(c) where you do not meet our credit assessment criteria.

By applying for a service, you authorise us to communicate with credit referencing bodies/associations about your credit history and in doing so to provide them with the details you have supplied to us. We may do this from time to time during your agreement.

We may apply restriction to a service where you have not met our credit assessment criteria. We will advise you of these restrictions and if applicable how you can access these services which have been restricted.

We may pay a commission to a dealer or agent acting on our behalf who is involved in your application process.

  1. Your Private Information.

As a part of your application and in connection with the provision of service to you we may obtain private information from you. Our Privacy Policy is available online or by contacting us.

This policy governs the information we collect on you, how we use it and your rights to access it.

You consent to us to collect and disclose your personal information including any unlisted telephone number and address from or to:
(a) any credit providers or credit reporting agencies to use the information for all purposes permitted by the Privacy Act (1988) including to obtain a credit report about you or your registered business, maintaining a credit information file about you, or notifying a default by you;

(b) any law enforcement agencies to use the information to assist them in the prevention or prosecution of criminal activities;

(c) to conduct ongoing credit management of your account;

(d) any of our shareholders, related entities, suppliers, agents or professional advisers for reporting, accounting, product supply and service, marketing and audit purposes;

(e) any upstream supplier to us to use the information for any purposes connected with the service or your use of the service; and

(f) any person who provides us with your username(s) or password(s).

 

From time to time we will update you on our services, news, promotions and offers including those from related or affiliated organisations. You consent to us contacting you at any time (including after you have terminated the agreement), for this purpose through any available contact methods. You can withdraw your consent at any time by contacting us.

 

  1. Minimum Contract Periods

The minimum contact period is the minimum fixed period during which you must acquire the service. This is specified in your application. This period commences when your new service is activated.

If during this period we must cancel this service as a result of your default you may be liable to pay an early termination charge which is set out in the service description.

Once the minimum contact period is over your service will continue to renew automatically and you will continue to be charged for the service until such time as you or we cancel the service by giving 30day notice.

  1. Equipment

Our Equipment

To enable you to use the Service, we may loan or Rent equipment to you (Our Equipment). Charges for any of Our Equipment that you Rent are invoiced to your account. Our Equipment may be equipment owned by us or one of our Suppliers.

Where we provide Our Equipment to you in connection with the Service:

 

(a) Ownership or title in Our Equipment is not transferred to you; even after the expiry of any contract period;

(b) you are responsible for Our Equipment from the time it is delivered to you and must pay us for any loss or damage to Our Equipment, except to the extent that it is caused by us or by fair wear and tear;

(c) you must comply with our reasonable directions relating to our rights of ownership of Our Equipment;

(d) you must only use Our Equipment in accordance with the manufacturer’s specifications and our reasonable written directions;

(e) you must not part with possession of Our Equipment except to us;

(f) you must not grant a Security Interest over Our Equipment;

(g) you must allow us to inspect, test, service, modify, repair, remove or replace Our Equipment, or to recover it after the Service is cancelled;

(h) you must ensure that Our Equipment is not altered, repaired, serviced, moved or disconnected except by service personnel approved by us;

(i) you must ensure that you have all necessary consents and approvals (including landlord approval where applicable) necessary or desirable for us to deliver, install and maintain Our Equipment at the Premises; and

(j) you must provide adequate and suitable space, power supply and environment for all Our Equipment located on the Premises.

 

Your Equipment

 

You agree that you are responsible for:

(a) supplying, maintaining and repairing all equipment used in connection with the Service, other than Our Equipment (Your Equipment) including telephone access lines, telephone and computer equipment (including modem) and other access device(s) necessary for us to provide the Service to you;

(b) compliance with all laws and relevant technical standards issued by a Regulatory Authority in relation to Your Equipment; and

(c) the proper functioning and security of Your Equipment,

 

and you agree to comply with all reasonable directions given by us in relation to Your Equipment, including:

(d) allowing us to inspect Your Equipment; and

(e) making any necessary changes or modifications to Your Equipment to avoid any danger or interference it may cause to Our Equipment or the Service.

 

Disconnection of Your Equipment

 

We may disconnect Your Equipment from the Service or require you to do so. We will try to give you reasonable notice before disconnection but may immediately disconnect your Service in an emergency.

 

Purchased Equipment

 

You may purchase equipment from us for use in connection with the Service (Purchased Equipment). Title to the Purchased Equipment passes to you when you pay for it in full. You will be responsible for the Purchased Equipment from when it is delivered to your nominated delivery address.

 

Subject to the Consumer Guarantees, if you purchase the wrong equipment, you may exchange it provided that it is returned to us undamaged and complete with all components and with the packaging intact, within 14 days of delivery to your nominated delivery address. To help cover our costs, a restocking fee may apply

 

  1. Service

Standard of services

 

Subject to the Consumer Guarantees we aim to provide, but do not guarantee, continuous or fault-free service.

 

Maintenance

We may conduct maintenance on any of our Network, Our Equipment, or Facilities. We will try to conduct scheduled maintenance outside normal business hours but may not always be able to do so. We may also suspend the supply of the Service in accordance with clause 12.4(c). We may occasionally update the firmware in our network, including that on your Queensland Computers supplied modem, to ensure the service performs at its optimal level.

 

Faults caused by You or Your Equipment

 

Before reporting a fault to us, you must take reasonable steps to ensure that the fault is not a fault in any of Your Equipment. We are not responsible for rectifying any fault in the Service where the fault is caused by you or Your Equipment and the fault does not arise or was not caused by us or Our Equipment.

 

If you report a fault in the Service and ask us to come to the Premises to repair it and, once at the Premises, we determine (in our reasonable opinion) that the Service is not faulty or the fault is associated with Your Equipment rather than the Service, we may charge you an incorrect call-out fee (as specified in the Pricing Schedule) and, if you request us to repair Your Equipment, our reasonable charges for such repair.

 

We can charge you for repairing a fault if it is caused by something:

(a)  you intentionally, recklessly or negligently do (or do not do);

(b)  someone else using the Service with your express or implied authority intentionally, recklessly or negligently does (or does not do); or

(c) someone who you have not authorised to use the Service does, or does not do (but only if that person’s unauthorised use of the Service

 

  1. Charges

 

Pricing Schedule

 

The charges for the Service are set out in your Application.

Deposits and payment in advance – Queensland Computers may at its discretion require that a partial deposit or full price be paid prior to delivery of Products.

 

We may charge you an additional amount to service, modify, repair, or replace the Service or any equipment you use in connection with the Service, as a result of:

(a)  breach of our terms by you;

(b) a negligent or fraudulent act or omission by you, a person with your express or implied authority, or by any of your employees, agents or contractors;

(c) a failure of any of Your Equipment arising out of an act or omission by you, a person with your express or implied authority, or by any of your employees, agents or contractors; or

(d) a failure or fluctuation in electrical power supply arising out of an act or omission by you, any person with your express or implied authority, or by any of your employees, agents or contractors,

 

  1. Usage

 

You acknowledge that charges will be incurred when the service is used. It is therefore important that you take steps to ensure that such usage does not occur without your authorisation. You should ensure that you are in control of devices that might make use of your services, such as computers, handsets, mobile phones, and wireless devices connected to your service and that third parties cannot access or use such equipment without your authority. You acknowledge that usage of some services can occur because of an infection of your computer with a virus or due to other unauthorised third party intrusions. You should ensure that you have appropriate protection systems operating on your equipment to restrict or limit the possibility of unauthorised usage.

 

As we are not able to control access or usage of your handsets and other equipment, you are responsible for all usage charges in respect of the use of the service, whether or not such usage was authorised by you, unless the usage was caused by a mistake by us.

 

You are not permitted to authorise a third party to use your service without direct supervision and/or written authorisation by us.

 

You acknowledge that we cannot be held responsible for any loss incurred by you because of faults and/or failures within a third party carrier’s network infrastructure.

 

While we will use our best endeavours in providing the service, you use it at your own risk. Even if you lose some equipment or permit another person to use your service, you are solely responsible for its use including:

(a) the calls made and messages sent;

(b) the sites and content accessed;

(c) the content or software downloaded and the effect it may have on your equipment or service;

(d) the products and services purchased;

(e) the information provided to others;

(f) the installation or use of any equipment or software whether provided by us or not;

(g) the modification of any settings or data on your service or related services or equipment whether instructed by us or not;

(h) the personal supervision of any users under the age of 18 who use the service; and

(i) the lawfulness of your activities when using the service and accessing any sites and third party content.

 

The service is provided to you on the basis that it is used only for approved purposes. In particular you must:

(a) not use the service in any manner involving illegal, malicious, deceptive or misleading activity;

(b) not breach any standards, content requirements or codes set out by any relevant authority or industry body;

(c) not use the service in any way which interferes with the operations of the service network, anyone else’s enjoyment of their service or which upsets or offends any person;

(d) not use the service for commercial purposes or in any way distribute or resell the service without our written permission;

(e) obey all laws, regulations, guidelines and our reasonable instructions concerning your use of the service;

(f) give us all information and cooperation that we may need in relation to the service; and

(g) advise us of changes in your personal information such as account details, debit or credit card details and expiry dates and billing and service addresses.

 

You must not use the service in a way which contravenes any fair use policy, acceptable use policy or fair go policy that applies to the service.

 

We may suspend or terminate, with or without notice, your service if, in Queensland Computers reasonable opinion, the service has been directly or indirectly involved in activities that are detrimental to our internet service or jeopardise the use of our service or its performance for other customers or how the wider community will perceive Queensland Computers. Such activities include, but are not limited to:

(a) ‘Spamming’ e-mail or forwarding spammed e-mail to other Internet user’s e-mail addresses’

(b) being listed or causing the listing of us or our other customers on any real-time blacklist;

(c) e-mail bombing and the use of bulk e-mail programs to unsolicited recipients making commercial advertising, informational announcements, charity requests, petitions for signatures, chain letters and political or religious messages;

(d) attempting to obtain unauthorised access to other Internet servers and systems; and

(e) making misrepresentations or abusive or offensive behaviour in newsgroups and other online facilities.

 

In any of the above circumstances, if we elect to proceed without giving notice, we will initially only suspend the service and will provide you notice of the suspension having occurred and the grounds on which the suspension was made. We will reasonably consider any evidence or submissions you may provide to us to demonstrate that the service was not used for the activity. If we are satisfied that the service was not used for the activity, we will reinstate the service as soon as practicable. If we are not so satisfied, we will terminate the service by giving notice.

You must not use the service in a way or post to or transmit to or via the service any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other customer from using or enjoying the service. You must not use the service to send unsolicited electronic mail messages to anyone. You must not attempt any of these acts or permit another person to do any of these acts.

 

We may suspend without notice your account if it has been used in offensive and/or illegal activities under State and/or Commonwealth laws. This includes the dissemination of banned pornographic material and other illegal content. In such cases, the relevant law enforcement agency(ies) will be notified, and offending material(s) may be passed on to them.

 

If who use a website or web hosting service provided by us for the public dissemination of violent or pornographic material, you must issue appropriate content warnings and provide viewing guidelines on your website, as per the Classification Act. This is especially important with respect to content which is likely to be considered unsuitable for children according to the Classification Guidelines provided in the Act. If it is brought to our attention that these appropriate content warnings and/or viewing guidelines have not been provided, then we reserve the right to suspend or terminate your account and pass this information on to the relevant authorities.

 

What constitutes inappropriate use will be determined by us, at our sole discretion provided that we act reasonably.

 

We may monitor the use of your service, however we do not promise to do so. If we identify excessive use or unusual activity we may temporarily restrict or suspend your service. If we do so we will endeavour to contact you via your nominated primary contact details. We may require an advance payment before your service is restored. You should not rely on us to contact you or to suspend your service in the event of excessive or unusual activity.

 

We may investigate any misuse of the service by you, in conjunction with relevant law enforcement agencies. If your use of the service results in loss to other users or us, you may be liable to pay compensation.

 

  1. Phone Numbers:

This sections applies if you acquire a telephone or other service number:

If you do not already have a phone number for your service we will issue you with one.

We may be required to recover or replace a phone number we have issued to you in order for us to comply with their regulations.

We will give you as much notice as is reasonably practical if we need to do this.

You may request a new phone number, if we agree to issue you a new phone number you may have to pay a charge.

 

If you need a new phone number because you have received calls of a harassing nature and you reported the matter to the relevant law enforcement agency, we will supply you with a new phone number free of charge on the first two occasions. You will have to pay a charge for any further phone number changes.

You do not own the phone number but your right to use the phone number starts when we issue the phone number to you.

 

Your right to use the phone number ends if you no longer obtain the service unless you port the phone number

 

You may transfer your service number to another carrier from us. If you do so you acknowledge that you understand:

A charges may apply as a consequence of a transfer from us to another carrier or service provider.

B An outstanding fees and changes that remain are your responsibility.

C the transfers may result in disconnection of any related services such as voicemail, paging and data services, silent numbers, priority assistance or other enhanced services.

D it is your responsibility to ensure that any equipment or software used by you in conjunction with your service works with your ne carrier or service provider.

E If after the transfer of your new service, you continue to use our service (for example through the use of an override code) you agree to pay us for any fees and charges incurred for these services

F In the event that you transfer from us prior to the expiration of the minimum term of your plan you will be liable for any outstanding fees and charges including plan pay out and cancellation fees.

 

Where you transfer to us:

A You authorise us to sign on your behalf and in your name forms of authority to your current supplier to transfer your service number/s to us and you authorise your current supplier to transfer to us al services relating to the service numbers transferred to us.

B If you current supplier charges or credits us with any amount concerning services provided before the date of the transfer we will credit or charge that amount to your account accordingly and as soon an practically possible

C You indemnify us against any claims made by your current supplier to us in relation to any amounts owing to them

D If you stop obtaining the service and do not port the phone number we may issue he phone number to another customer in accordance with the numbering regulations.

 

We are not liable to you for any expense or loss incurred by you due to:

A any recovery or recovery and replacement of the phone number

B you ceasing to have the right t use the phone

 

If you service is disconnected or transferred from us you must pay all outstanding amounts under the agreement. Once we have received payment we will refund to you any amounts which we may still hold. If we are unable to refund monies owed within 12 months of you disconnection we will retain the funds which you agree to forfeit to us.

 

  1. IP Addresses

You agree that the IP Address(es) issued to you for use in connection with a service are only issued to you for use during the term of your acquisition of the service. On termination of the service, your right to use the IP Address(es) ceases.

 

We are responsible for all DNS delegation and routing in connection with the service.

 

Billing and Account Payment Info:

Your service agreement may provide that bills will not be issued. If that is so charges will be incurred notwithstanding that no bill has been issued.

 

Where we have agreed to issue bills, we will send to you via email notification to you nominated email address at the end of each billing period. You must pay all outstanding amounts by the due date as shown on your tax invoice.

 

Payments may be made to us through our available payment methods. Service fess and charges may apply for some available payment methods. We will apply payments made by you against outstanding tax invoices at our discretion.

 

If you have chosen to use our direct debit facilities, and we have not received your payment by the due date, unless we agree with you otherwise, we will debit your nominated account on or after the due date. We may continue to do so at any time until all amounts due are paid. We will provide SMS or email notification when debits are made.

 

If you require us to send to you a printed copy of an invoice, this may be subject to an administration fee of $10.00 inc GST will apply per request.

 

Accepted credit cards: Visa, Mastercard, American Express, Diners Club. Accounts paid with an American Express or Diners Club card will incur a surcharge of 3.2% (incl. GST) of the debited amount when we debit the card.

 

You are responsible for ensuring there is sufficient funds/credit available in your nominated credit card or direct debit account at any time we debit the account. You must pay dishonor fees and any other charges, expenses or losses resulting from our attempting unsuccessfully to debit the credit card or direct debit account unless the failure was due to a clear error on our part. Dishonored cheques incur a $16.50 inc GST handling charge. Direct Debit rejections incur a $10.00 inc GST charge.

 

You are required to inform us if your credit card is due to expire at least two weeks prior to the expiry date and are required to provide us with details of a current credit card. You must also advise us if your nominated direct debit account is transferred or closed, or the account details have changed.

 

If you have failed to pay to Queensland Computers an amount which is due, we may following appropriate notice to you refer the debt to a third party collections agent for the purpose of collection activity. You must pay all costs, charges and expenses that we may incur in relation to our attempts to recover all debts due by you to us, including accounting, mercantile agents costs and interest.

 

  1. Suspension/Disconnection of the serviceIf your fixed period contract has expired or you are on a month-to-month contract, you or we may disconnect the service and cancel the agreement at any time by giving 30 days notice.

 

If you fail to comply with what we consider to be an important term or condition of this agreement or should you fail to comply with a number of less important terms and conditions then we can suspend or disconnect your service or reroute calls from your service. We will generally provide you with notice of your failure and allow you a reasonable time to remedy it. However we may suspend or disconnect your service without notice to you where:

(a) there has been, in our opinion, unusual activity on your service such as:

(i) activity that is consistent with your service or equipment connected to your service having been infected with a virus or other malicious software; or

(ii) other activity that Queensland Computers reasonably believes is evident that the service is being used for fraudulent or other illegal purposes;

(b) you have not paid charges when due and have not remedied that failure within what we consider to be a reasonable time;

(c) you do something which we believe may damage the service network;

(d) you are no longer approved by us under our assessment policies or otherwise to receive the service;

(e) an authority such as the ACMA or enforcement agency instructs us to do so;

(f) we believe that you have used your service to commit unauthorised, criminal or unlawful activity;

(g) you vacate the premises in which you are provided the service without notifying us beforehand;

(h) there are technical problems with the service network or the service network requires repairs or maintenance;

(i) we believe it is necessary to comply with our legal obligations;

(j) we are entitled to do so under the specific terms and conditions of your plan or package;

(k) you verbally abuse, attempt, threaten or cause harm to any staff, equipment or network infrastructure of ours or any of the service networks.

 

In the following additional circumstances we may suspend or disconnect your service(s) or reroute calls from your service(s) but we will provide you with reasonable notice prior to doing so:

(a) you do anything which we believe may damage the service network;

(b) you have used the service, in our opinion, other than in accordance with the agreement;

(c) you do not comply with the terms set out in a Plan Brochure or a Service Description.

 

Where one or more services included in a bundled offer(s) are disconnected, entitlement to any discounts under such offers may be forfeited.

 

While your service is suspended or disconnected we will continue to charge you any applicable fees and charges. We will only do so where the suspension or disconnection is due to your failure to comply with your obligations under this agreement, or is performed at your request.

 

Where we disconnect your service prior to the expiration of the minimum term of your plan you will be liable for any outstanding fees and charges, including the remaining access fees on your plan plus a plan cancellation fee if applicable. We will only charge a plan cancellation fee in circumstances where you have failed to comply with an important term or condition of our agreement.

We are not liable to you or any person(s) claiming through you for any loss or damage arising from suspension or disconnection of your service in accordance with this clause.

 

  1. Force Majeure

13.1. We will not be liable for:

(a) any delay in installing any service.

(b) any delay in correcting any fault in any service.

(c) failure or incorrect operation of any service, or

(d) any other delay or default in performance under this Agreement if it is caused by any event or circumstance reasonably beyond our control, including but not limited to; war, accident, civil commotion, riot, military action, sabotage, act of terrorism, vandalism, embargo, judicial action, labour dispute, an act of a government or a government authority, acts of God, earthquake, fire, flood, plague or other natural calamity, computer viruses, hacker attacks or failure of the internet or delay, or failure or default by any other supplier.

 

  1. Liability

You may have certain rights and remedies under:

(a) the Competition and Consumer Act 2010 (Cth) and other laws, which may imply certain conditions and warranties into this agreement; and

(b) the Customer Service Guarantee issued by the ACMA, which established minimum connection and fault repair times, breach of which entitles you to certain specified amounts of damage.

 

We do not exclude or restrict or modify those rights, remedies or implied conditions and warranties.

 

Where we are liable for any loss or damage in connection with or arising from the breach of any term, condition, warranty or remedy implied by the Competition and Consumer Act 2010 (Cth) our liability is limited to resupplying, repairing or replacing the relevant service or equipment where the service or equipment is not of a kind ordinarily required for personal, domestic or household use or consumption and where it is fair and reasonable to do so.

 

You must let us know as soon as you become aware or believe that you have a claim against us.

 

We are not liable for any defamatory, offensive or illegal conduct or material found in connection with our services, including such conduct or material transmitted by any means by any other person

 

You indemnify us from and against all actions, claims, suits, demands, liabilities, losses, costs and expenses arising out of or in any way connected with your use of the service or the equipment in a manner contrary to the terms of this agreement.

 

Where you are two or more persons your liability will be joint and several.

 

  1. Assignment

You may transfer your rights and obligations under this agreement to other person(s) approved by us under our assessment policies.

 

Where we reasonably consider there will be no detriment to you, we can without your permission and without notice:

(a) transfer our rights and obligations under this agreement to our nominee;

(b) temporarily or permanently delegate our obligations under this agreement to our nominee; or

(c) novate this agreement to our nominee by ending this agreement and entering into a new agreement between you and our nominee, on terms similar to this agreement.

 

If we do any of the above the transfer or delegation or novation will take effect when the relevant document is signed. You irrevocably appoint us as your attorney to sign any necessary documents to enable the transfer, delegation or novation to take effect.