Terms and Conditions

TERMS AND CONDITIONS

1. INTRODUCTION

1.1 This agreement applies to your use of the services or the purchase of goods that we supply to you.
1.2 In this agreement we refer to you, the customer, as “you” or “your” and Omnitech Limited as “us”, “we”, “our”.

2. SUPPLY OF GOODS OR SERVICES

2.1 We, or a carrier or network operator nominated by us, may supply the services that you subscribe to together with Omnitech Limited supplying or installing goods or equipment on the basis of the terms set out in this agreement. In the course of supply we will: 
(a) use reasonable endeavors to ensure that services are supplied reliably and consistently (but we do not guarantee that the services will operate uninterrupted without any faults); 
(b) if faults do occur, use reasonable endeavors to ensure that they are remedied as quickly as reasonably possible.
2.2 We are not responsible for any losses suffered by you as a result of: (a) any interruption of services caused by an event outside of our reasonable control, including any restrictions on the service by a carrier; or (b) suspension of services for breach of any of the terms of this agreement; 
(c) your use of the services other than in accordance with this agreement.
2.3 You acknowledge that we may suspend or restrict your access to the services at any time when we consider it necessary to protect our own network or that of any third party or we believe that you have breached any of our terms and conditions.

3. YOUR RESPONSIBILITIES

3.1 You are responsible for paying for the goods or services by the due date, ensuring that all uses of the service are lawful and do not interfere with the use of the services by any other person, complying with this agreement and any of our instructions relating use of the services and keeping us informed of any changes to your contact details.
3.2 If you request that we provide the goods or services to third parties not directly related to you, you will remain principally liable for all charges incurred by such third parties in using the services. You may not resell or provide the use of the services to any third parties other than pursuant to this clause.
3.3 During the term of this agreement, you agree to use Omnitech Limited as your exclusive provider in respect of all services that you have subscribed to (as set out in the application form) or will subscribe to with us pursuant to this agreement.
3.4 You agree to keep us indemnified against all claims, actions, losses and expenses of any nature, which we may suffer or incur or for which we may become liable in respect of or arising out of this agreement or the use of the goods or services, by you.
3.5 You acknowledge that you are exclusively liable for any termination fees or unpaid amounts due under any agreement between you and any third party service provider whether payable prior to or following commencement of this agreement.

4. INVOICES AND PAYMENT

4.1 Charges payable for the goods or services and notice periods for variations are set out on the applicable service application form(s) or the sales order, quotation or proposal upon which your signed acceptance is indicated.
4.2 An invoice for any service charges may be sent to you on a monthly basis. You must pay the full amount stated on each invoice by the 20th day of the month following the date of the invoice, without any deduction or set-off.
4.3 If you do not pay an invoice by the due date, we may charge you interest on the unpaid balance at a rate of 2.0% per month and/or suspend or restrict your services. If your services are suspended due to non-payment, we may charge you a reconnection fee of $50.
4.4 Where you do not meet your responsibilities to us, we may require you to pay any expenses or collection agency fees incurred as a result of our enforcing or exercising our legal rights in relation to those responsibilities.
4.5 A minimum invoice value of $10 plus GST per month applies. If the amount being invoiced to you in any given month is below this value, a top up charge will apply. 4.6 In any situation where payment is unable to be paid on time (as specified in the contract), we will refer your account to BayCorp for debt collection and you will be liable for all the cost incurred in the debt collection process.

5. DISPUTED ACCOUNT

5.1 If you believe that an invoice contains a mistake you must contact us as soon as possible and we will investigate. All disputes must be submitted in writing clearly detailing the actual dispute. You must pay any undisputed amount by the Payment Date.
5.2 You will need to notify us within 90 days of receiving an invoice of any dispute. We will not accept a dispute greater than 90 days after the invoice on which that disputed item is charged.
5.3 If we agree that there is a mistake, we will correct the invoice as soon as reasonably possible. If we find that there is no mistake, you must pay the outstanding amount immediately on being notified of our finding, or on or by the Payment Date, whichever is the later.

6. CREDIT ARRANGMENTS

6.1 We are not obliged to begin providing Services to you until we have satisfied ourselves that you will be able to pay the Charges. If we have already commenced providing Services to you and we then receive an unsatisfactory credit check, we may stop providing any Services. You agree that we may pass on your information to credit reporting organizations so that they can run credit checks on our behalf at any time. We may also let those organizations know if you have not paid our Charges. You agree that at any time those organizations may pass on to us information about you that they hold. We will use that information to make decisions about providing or continuing to provide you with Services. You also agree that those organizations may keep any information about you that we have passed on to them and use it for the purposes of their businesses, which may include supplying it to other entities that use their services. In respect of our access to and use of such information, we will comply with the Privacy Act 1993.
6.2 Where required by our credit policy, we may at any time require you to make an advance payment or provide some other form of security to cover amounts payable by you under this Agreement. If this Agreement is terminated we will return to you any security not required to cover outstanding amounts.

7. TELEPHONE NUMBERS AND NUMBER PORTABILITY

7.1 We or another Telecommunications Service Provider may allocate telephone numbers to you to enable you to use the Services. Allocation of telephone numbers does not confer any ownership rights in those telephone numbers and you may not transfer those numbers to anyone else.
7.2 If it is necessary for us or another Telecommunications Service Provider to do so for operational or other reasons, we reserve the right to change or require the change of any telephone number allocated to you. In such an event, we will give you as much notice as is reasonably possible of our intention to do so.
You may Port the Phone Number to another Telecommunications Service Provider. If you wish to do so, you must contact the Telecommunications Service Provider to whom you wish to Port and you will be responsible for completing the Porting requirements of that Telecommunications Service Provider. We will comply with our obligations under the “Term for Local and Mobile Number Portability” in relation to the Porting of the Phone Number to the other Telecommunications Service Provider. You will be responsible for all costs associated with Porting the Phone Number (including any applicable early termination charges owed to us).
7.3 We may be required by law, under contracts with other Network Operators or for other reasons to change the Phone Number(s). We will do our best to give you notice of any change required. We will not be liable for any costs which you, or anyone else, may incur as a result of such change.
7.4 If you or we disconnect your connection(s) to the Services, and you have not ported or otherwise transferred the Phone Number(s) prior to disconnection, we may reallocate the Phone Number(s) to another customer.

8. DIRECTORY ASSISTANCE AND LISTING

8.1 Where applicable, we may include your personal information in any telephone or similar directory or directory enquiry service provided or operated by us or by a third party subject to any objection or preference you may have indicated to us. We will give you an opportunity to express any objection or preference. If you indicate that you wish to be listed in the white/yellow pages and/or for directory assistance, your name(s), telephone number(s) and address detail will be given to the directory assistance service provider for listing at your cost.
8.2 Any arrangement you make to be listed will be a matter between you and that directory listing service only.

9. SUSPENSION

9.1 We may suspend provision of Services at any time if you breach this Agreement, including where you have failed to pay any undisputed amount by the relevant Payment Date.
9.2 We may require you to pay a reconnection charge as a condition of lifting any suspension imposed under this clause.

10. CONFIDENTIAL INFORMATION

10.1 You may not use or disclose to any third party any information received from us that is confidential (including, for example, pricing information and the specific terms of this agreement) except where required by law or the terms of this agreement or specifically authorized by us in writing.
10.2 During the term of this agreement your use of the services will generate certain information. We will also retain your contact details, credit information and any related personal details that you supply or that we obtain independently. You acknowledge that we or third parties authorized by us may gather and disclose such information for purposes connected with the supply of the services to you (e.g. credit checks, informing you of new service offers/changes, use in publicly available publications and databases)
10.3 You may at any time make a written request to see any personal information that we hold or to ask us to correct any mistakes in that information.

11. ACKNOWLEDGEMENT AND CONSENT

11.1 By signing this Agreement, you (a) Certify that you have the authority to change your current Service Provider;(b) Authorize Omni Tech to provide the services; (c) Acknowledge receiving a copy of the Terms & Conditions for Telephone Service and agree to its terms; (d) Acknowledge that: (i) Omni Tech will bill you for all services under this Agreement; (ii) you have received a copy of the Tariff Schedule and understand and accept those to be the rates to be charged (as varied from time to time by us). (iii) the services will be provided in accordance with the Telecommunications Act 1987 and the terms & Conditions for Telephone Services; (iv) Omni Tech may select a Service Provider(s) to provide the Services; (v) Omni Tech and the Service Provider(s) may exchange your call charging information and your telecommunication details; (vi) You will be liable for any charges arising from this Agreement even if part of this Agreement does not continue to apply; 11.2 You consent to Omni Tech (if we consider it relevant) to assess this Application for personal or commercial credit and you agree to Omni Tech obtaining from a Credit Reporting Agency a credit report containing credit information about you in relation to such personal or commercial credit provided by Omni Tech; Declare that the information supplied in this Application is true and correct; 11.3 You consent to: (i) Omni Tech requesting your current service provider to assign your nominated telephone account(s) to Omni Tech or its nominated service Provider(s) for the purposes of Omni Tech providing the services; (ii) Omni Tech obtaining information about your telephone accounts from your current service provider. 11.4 You acknowledge that when you transfer your lesseechanges to Omni Tech, Omni Tech will maintain pre-selection of these services until such time as the lessee charges for the specified services are transferred to another carrier.

12. TERMINATION OF AGREEMENT

12.1 Notwithstanding any other clause, either you or we may terminate this agreement with immediate effect in whole or in part if the other party: (a) commits a material breach of this agreement that is not remedied within 30 days of notice by the non-breaching party specifying the default; (b) enters into a compromise with its creditors, is declared bankrupt, goes into liquidation or a receiver or equivalent is appointed in respect of part or all of its assets.
12.2 Where there is no fixed term period or the relevant fixed term period has expired, either you or we may terminate all or part of this agreement by giving 30 days notice in writing to that effect.
12.3 Early termination fees may apply where you terminate all or part of this agreement prior to expiry of a fixed term period (if any). You acknowledge that such fees represent a genuine pre-estimate of the losses that will be caused to us if all or part of this agreement is terminated before the expiration of its term. You agree that such fees are not penalties.Termination Fee for UFB, HSNS Premium andHSNS Lite=Monthly Access Fee x Month Remaining In Term.

13. EXCLUSION AND LIMITATION OF LIABILITY

13.1 We will not be liable to you under the law of tort (including negligence), contract or otherwise for any loss of profits or savings or for any indirect or consequential loss or damage, arising out of or in connection with the performance or non-performance of any of our obligations under this agreement.
13.2 In any case, our liability to you arising out of any claim for damages for any reason will under no circumstances exceed in aggregate the total amount of the sums actually paid by you for the services supplied during the preceding 3 months period.
13.3 The parties acknowledge that the services are provided for a business purpose and accordingly the provisions of the Consumer Guarantees Act 1993 are specifically excluded.

14. MAINTENANCE FEE

• $60.00 + GST hourly charge for remote maintenance work on phone system issues (minimum half hour).
• $100.00 + GST hourly charge for onsite maintenance work on phone system issues (minimum one hour).
• $40.00 +GST call out fee applies to any onsite work.

15. AMENDMENTS

15.1 We may change the terms of this agreement by giving you notice (“variation notice”) to that effect by sending you notice in writing or by email, by publishing changes on our website or by putting a notice in major daily newspapers. The changes contained in a variation notice will take effect 30 days from the date that the variation notice is given.
15.2 Except as otherwise expressly provided in this agreement any change to or variation of this agreement must be agreed to between the parties in writing.