Practical Applications Pty Ltd. - Summary of our Standard Form of Agreement
Important Customer Information: Your rights and obligations
Standard Form of Agreement
The Standard Form of Agreement (SFOA) sets out the terms and conditions under which Practical Applications supplies telecommunication services (the Services) to its customers.
The SFOA is binding on Practical Applications and you, the customer, from the time we accept your Application for the provision of Services. Regardless of whether you have read the SFOA, you must comply with the SFOA. The SFOA does not apply to the extent that it differs to terms specified in your Application or Conditions of Service. In such cases, the Application firstly, the Conditions of Service, secondly, will take precedence over the SFOA. If we have agreed to provide Services to you for a Fixed Term, and neither you nor Practical Applications cancel the Services at the end of the Fixed Term, Practical Applications will continue to supply the Services to you on a month-to-month basis. For information about your rights and obligations under the SFOA, please review the SFOA.
1. SFOA Summary
This Summary provides you with an overview of important terms and conditions in the SFOA. It does not deal with all of, or override any of, the terms and conditions of the SFOA. Up-to-date copies of the SFOA, this Summary, including variations, can be obtained from the Practical Applications website www.pracapps.com.au/legal or from Practical Applications’s office.
This Summary is correct at the time of printing, but may be updated from time to time to reflect changes to the SFOA which we are permitted to make in accordance with its terms or as otherwise required by law.
2. Changing the SFOA
We may make changes to the terms of our agreement with you, by giving you at least 30 days prior notice. If you acquire a Service for a Fixed Term and we make changes during that Fixed Term which will cause detriment to you, you may cancel the Service without incurring any early termination fee by giving notice to us within 42 days after the date we notify you of the change.
You agree that our obligation to give you 30 days notice and afford you a right to terminate does not apply in relation to:
You acknowledge that you have consented to us sending you notices relating to our SFOA or any variations to it by email to your email address.
Practical Applications will provide you with Services you have requested in your Application. If your Application specifies a Fixed Term, that is the minimum term of the Agreement.
The Services can be one or more of but not limited to one of the following products or services:
These Services are described in detail in the Conditions of Service for each service, which also Current as at Dec 2013, Page 1 sets out specific terms and conditions in relation to particular products and services.
Practical Applications does not offer Priority Assistance services, local number portability or pre-selection
If you would like to report a fault, please call (03) 8370 9020.
You must pay for the Services you receive according to the fees set out in the Schedule of Fees and Charges (the Fees), which is available from www.pracapps.com.au/legal. Administrative Fees are also set out in the Schedule of Fees and Charges. Fees and Administrative Charges may apply to connection, reconnection, disconnection, access, usage equipment, content provided with usage, number reservation, maintenance, repairs, and other fees associated with the supply of the Services.
Fees may also vary depending on the type of call (voice or data), the type of customer (residential or business), the volume of calls and any specific terms agreed upon by you and Practical Applications as evidenced in your Application. Any discounts, credits, rebates or special rates which may apply to you will be stated in the Application.
Practical Applications may vary any Fees or Administrative Charges in accordance with our rights to change the SFOA as set out in section 2 above and in clauses 3.3 to 3.5 of the SFOA.
5. Fees for the Service
Unless otherwise agreed or notified, Practical Applications will charge all accounts monthly by credit card standing authorisation or direct debit standing authorisation.
We will refund or credit any overpayment due to a variation in the Fees or cancellation of a Service. If we have undercharged you, you will be liable for any underpayment.
We reserve the right to charge you for any fees we incur from or must pay to your bank. If you are paying by credit card, you will be charged a Credit Card Surcharge as set out in our Schedule of Fees and Charges.
Accounts must be paid in full on the due date otherwise you will be liable for an Administrative Fee. If your payment is made by Direct Debit and that payment is dishonoured, you will be charged a dishonoured payment fee. All such charges are set out in the Schedule of Fees and Charges. You may also be liable for costs relating to debt recovery services.
If your account continues to be unpaid, Practical Applications will suspend, limit or cancel your Services and reserves the right to vary or remove any discounts provided to you as per Clauses 4.13 and 4.14 of the SFOA.
You should dispute a payment within 12 months of the Due Date of the invoice to which the disputed amount relates. Disputes lodged after that time may be subject to a Complaint Administration Fee.
Practical Applications may require you to pay the estimated cost of a service in advance if we have reasonable grounds to believe that you may be a credit risk. We may decline your Application, cancel, suspend or disconnect a Service if you do not provide such prepayment.
Any equipment Practical Applications provides to you for the supply of the Services and which we do not
sell to you (Service Equipment) remains our property.
Any equipment sold to you (Purchased Equipment) remains our property until you have paid for it in full. Loss or damage to the Purchased Equipment is at your risk upon delivery of the Purchased Equipment to you.
8. Customer Service Guarantee
Practical Applications provides a VoIP service to its customers on the basis that they waive their rights
under the Customer Service Guarantee Standard (CSG). The CSG sets out minimum performance
standards in relation to the supply of a Standard Telephone Service.
For more information about the CSG, see the Australian Communication and Media Authority’s website at www.acma.gov.au
9. Limitation, Suspension, Disconnection Any Cancellation of the Services
The term of the SFOA continues until you choose to cancel the Services or we exercise our right to limit, suspend or cancel the Services. You may cancel a Service by giving us 7 days notice via the MyAccount Portal of our website. You may be liable to pay an early termination fee if you cancel during a Fixed Term.
You may cancel a service at any time if Practical Applications is in material breach of our agreement and fails to remedy the breach or where you are entitled to cancel the Services in accordance with clauses 3.3 to 3.5 of the SFOA.
Practical Applications may limit, suspend, disconnect or cancel the Services in a number of circumstances
You are still required to pay any Fees incurred before the limitation, suspension, cancellation or
disconnection of the Services and, you may be liable to pay a disconnection fee and/or reconnection fee.
10. Exit Fee
If the Service is cancelled before the end of a Fixed Term, you may be liable to pay an exit fee in accordance with the Schedule of Fees and Charges for the relevant Service. You will not be liable to pay an early termination fee where you are entitled to cancel the Service for Practical Applications material breach of the agreement or a variation to the agreement which causes more than a minor detriment to you.
11. Transfer of the Services
If you want to transfer any of the Services to another supplier, you will remain liable to Practical Applications for any Fees due up until the date of transfer for the supply of the Services and any fees relating to termination of your Practical Applications Services. Any unpaid amount must be paid in full within 7 days of our invoice for such Fees.
You indemnify Practical Applications against your use of the Services to transmit or publish any material
which is defamatory of any person, or any material in breach of copyright or any obligations of confidentiality, or otherwise in breach of any law. You indemnify Practical Applications against any claims made by another Supplier or person in relation to amounts you owe to that Supplier or person.
Practical Applications does not warrant that the Services will be free of interruption, delays or faults of any
kind. Where an interruption does occur which is not due to your conduct or your Equipment, you may be entitled to claim: a pro-rata refund of service charges payable for the duration of the interruption; and where the interruption is directly caused by our fault or negligence, reasonable compensation for any direct loss incurred.
Practical Applications provides the Services to you subject only to the terms, conditions and warranties contained in the SFOA and those which are implied by law and cannot be excluded.
For example, if the service we supply to you is of a kind ordinarily acquired for personal, domestic
or household use then it may be implied by law that: the service must be provided with due care and skill; and any goods supplied in connection with the service will be reasonably fit for the purpose for which they are supplied. If we breach a term that is implied by law and cannot be limited or excluded then we will be
liable for that breach in accordance with the law applied in the courts having jurisdiction over this
Agreement. Where we are permitted by law to limit our liability for that breach, our liability to
you is limited as follows: if the breach relates to the supply of equipment, the repair or replacement of the equipment, the supply of equivalent equipment or the payment of the cost of repairing or replacing the equipment or supplying equivalent equipment; or if the breach relates to the supply of a service, resupplying the service or payment of the cost of having the service resupplied.Our other rights to limit or exclude our liability to you are set out in clause 15 of the SFOA.
14. Personal Information
You agree to Practical Applications collecting, using and disclosing your personal information for the
purpose of managing your account and as necessary to fulfil our obligations under the SFOA in connection with the supply of the Services to you (including disclosing your personal information to our Suppliers, agents, credit reporting agencies and contractors and the other purposes set out in clause 6 of the SFOA).
Current as at Dec 2013
You must inform us of any changes to your personal information and supply true and correct information. If you require commercial or consumer credit, you also agree that we may use your personal information for the purposes of obtaining a credit report which will help us to assess your application for credit and also to assist us to collect any overdue payments. We will only disclose credit information to a credit reporting agency or other credit providers for those specific purposes set out in the SFOA.
15. Complaint Handling
Practical Applications aims to investigate and resolve your complaints about the Services quickly and
effectively. If you have a complaint, please contact Practical Applications on (03) 8370 9020 or send
an email to email@example.com. If you remain unsatisfied by Practical Applications handling of your complaint or the outcome, you can take your complaint to the Telecommunications
Industry Ombudsman (TIO). The TIO is authorised to investigate certain complaints by residential and small
business users of telecommunications and Internet services. For further information, see the TIO’s
website at www.tio.com.au. The Victorian Office of Consumer and Business Affairs “VCAT” may also investigate consumer complaints.
16. Further Information
For a free copy or further information about the SFOA, this Summary, Services, Fees or any information contained in this Summary, contact Practical Applications at:
Level 1, 981 North Road
Murrumbeena, VIC 3163
Ph: (03) 8370 9020