Terms, Conditions & Service Agreements

Telephony Terms and Conditions

TERMS

• Telephony Service is broadly defined as Telecommunications system involving transmission of voice, data or video or image signals over distances allowing exchange of information between calling parties using telephone devices or related telephone technology.
• Following Telephony Services are provided by CyberOne:
  • Fixed Line (PSTN) Service over Telstra and Optus copper networks
  • Mobile Phone Service over Vodafone mobile network
  • Voice Over IP (VoIP) Service utilising various Wholesale VoIP networks.
• Following definition of PSTN (Fixed Line Phone) Network Boundary Point applies: Network Boundary Point is the place where the legal responsibility of CyberOne to provide the Service ends. It is the responsibility of the Customer (or Landholder or House/Unit Owner) to provide and arrange for maintenance and repairs to the cabling required to carry the Service from the Network Boundary Point to the sockets within the premises. The exact location of the Network Boundary Point is determined by the carrier (in most cases Telstra or Optus). As a rule of thumb, the Network Boundary Point is:
  • Houses - line distribution box located outside of the house, or in some cases, the first telephone socket within the premises.
  • Units and Flats - Main Distribution Frame (MDF) from which lines are distributed throughout the building.
  
  
  CONDITIONS
  The conditions below apply together with conditions specific to the subscription plan of your choice.
  • Fixed Line PSTN Phone Service is available strictly to residential customers only. Business customers who apply for these plans will be charged a 'Business Line Surcharge', as defined in schedule of Charges & Fees below.
  • Bundling Discounts
    • Discounted CyberOne Telephony and Internet access subscription prices are only available when both services are subscribed (bundled) together for the term of the Internet subscription contract.
    • After the Internet subscription contract period expires prices revert to standard full amount unless new contract is signed.
    • It is customer's responsibility to check the date of Internet Service contract expiry and either cancel the subscription, or continue on a month-to-month full price, or sign a new contract in order to continue receiving discounted pricing.
    • Customers must stay connected to CyberOne Telephony Service for a minimum period specified in the Internet subscription contract and preselect CyberOne for their long distance calls at all times.
    • Reversal and cancellation of bundle discounts applies if client preselects/overrides with another Telephony provider during the term of the bundled Internet and Telephony Services contract.
    • Standard, full or unbundled prices apply for any one of subscribed Services until such time when bundling takes effect (both services are active and bundled).
    • If for some reason Service bundling cannot take effect, for example when one of the bundled services is not available due to external circumstances, unbundled pricing will apply to the remaining Service.
  • Discounts may be provided in the form of a billing credit equal to the amount of the discount, and appear as separate items on invoices or statements.
  • Standard Contract Length is 12 months unless agreed otherwise.
  • Service Connection:
    • Service Setup (otherwise known as Service Connection or Activation) fee is payable.
    • Service Setup fee is specified in plan description or in the Schedule of Fees below.
  • PSTN (Fixed Line Phone) Service Connection:
    • In most circumstances, there is no requirement for an on-site visit in order to connect the Service. However, where an on-site visit by the Telstra technician is required in order to connect the Service, the Customer agrees to provide the access to the premises at the Appointment Time agreed with CyberOne.
    • The Customer acknowledges and agrees that appointments to connect the Service can only be made between 8am and 5pm, Monday to Friday. CyberOne will attempt to negotiate the best appointment time between the Customer and Telstra technicians, depending on technician's availability.
    • Customer acknowledges that the agreed appointment time can be within a 6 hour 'time window' and is indicative only. The actual visit time will vary depending on technician's workload and circumstances on the appointment day.
    • The Customer agrees that if technician is unable to attend appointment due to the circumstances on the appointment day, another appointment will be made.
    • Customer acknowledges and agrees that one or multiple appointments may be required in order to fully connect the Service.
  • Changes:
    • Customer request for plan change will only be actioned at the start of the next billing cycle.
    • Fees may apply to change requests, see below schedule of fees for details.
  • PSTN (Fixed Line Phone) Service Change of Address:
    • Standard PSTN Service Connection Fee Applies as per the Schedule of Fees below.
    • CyberOne will endeavour to connect the same, equivalent or a similar service at a new location, subject to availability.
    • Customer must submit a new order for the service at the new location at least 30 days prior to the change of address.
    • Change of address order must be for a contract period of the remainder of the existing contract OR if the remainder of the contract is less then 12 months, then a new minimum contract length of 12 months will apply
  • Service Suspension is not available on the Telephony Services at this time.
  • Service Reconnection Fees apply if the service is disconnected due to any action or fault of customer, including but not limited to: disconnection due to the account non-payment or late payment, Carrier change, line disconnection by the carrier or line changes with the carrier (such as billing details/address change, alterations and terminations). Customer must request reconnection within one month from disconnection date by submitting a new service order with the minimum contract period period of the remainder of the previously existing contract OR if the remainder of the contract is less then 12 months, then a new minimum contract length of 12 months will apply.
  • Cancellations and Disconnections:
    • Written notice of disconnection or cancellation, 30 days prior the disconnection/cancellation date is required.
    • Automatic disconnection is triggered if a payment for the Service is not received by the due date specified on the Account Statement.
    • Early Cancellation fees apply to terminated services (eg. services cancelled by customer, or disconnected without reconnection), if the service is terminated before the minimum contract length period expires. See below schedule of fees for details
    • Order Cancellation: the customer must submit order cancellation request in writing before the service becomes active. The order cancellation fee applies, please see schedule of fees below. Customer hereby agrees that CyberOne can treat the order as cancelled by the Customer if the order is not paid for within 30 days.
  • Service Faults:
    • Network and Cabling Faults: The Customer acknowledges and agrees that CyberOne is responsible to maintain the Service within CyberOne network. Upon receipt of fault notification from the Customer, CyberOne will perform necessary testing to establish the location of the fault and arrange for the repair of faults that lie within CyberOne Network. CyberOne will notify the Customer when the fault lies outside of CyberOne's Network at which time it is the responsibility of the Customer to arrange for the repair of the cabling or equipment within Customer's premises.
    • Equipment and Other Faults: Failures of the telephone or computer equipment or software are responsibility of the Customer. CyberOne can provide technical advice on fault rectification.
    • Fault Rectification. The Service comes without warranty of any kind. CyberOne will make a reasonable effort to rectify faults that are within CyberOne's network. If the fault is within CyberOne's network and is not resolved within the 7 days, CyberOne will refund the Customer 33% of the subscription charges for the fault period, and 50% of subscription charges for the fault period if it takes more then 14 days to rectify the fault.
    • PSTN (Fixed Line Phone) Services On-Site Repairs. Where an on-site visit by the Telstra technician is required in order to rectify the Service fault, CyberOne will arrange for such visit. If the fault lies within CyberOne network, there will be no charge to the Customer. The Customer acknowledges and agrees to pay for any repairs if the fault lies outside of the CyberOne Network Boundary Point. Where an on-site visit is required in order to repair the Service:
      • The Customer agrees to provide the access to the premises at the Appointment Time agreed with CyberOne.
      • The Customer acknowledges and agrees that appointments to repair the Service can only be made between 8am and 5pm, Monday to Friday. CyberOne will attempt to negotiate the best appointment time between the Customer and Telstra technicians, depending on technician's availability.
      • Customer acknowledges that the agreed appointment time can be within a 6 hour 'time window' and is indicative only. The actual visit time will vary depending on technician's workload and circumstances on the appointment day.
      • The Customer agrees that if technician is unable to attend appointment due to the circumstances on the appointment day, another appointment will be made.
      • Customer acknowledges and agrees that one or multiple appointments may be required in order to repair the Service.
    • Incorrect Fault Fee is applicable (see below schedule for details) and is charged in the following circumstances:
      • client contacted our wholesaler's help desk directly
      • network fault was lodged but investigation found client (or client's equipment) was at fault
      • a technician was called to investigate fault on client's premises (outside of CyberOne Network Boundry Point).
  • Voice Over IP (VoIP) call quality depends on a number of factors, including but not limited to, available bandwidth and software and hardware used. The customer acknowledges that limited bandwidth (e.g. low speed connection, connection shaped due to reaching download limits on some shaped plans, or extensive use of p2p or other heavy downloads) may contribute to low quality of voice calls. The Customer agrees that:
    • It is the Customer's responsibility to make sure that the broadband connection they use for VoIP service has adequate speed and is not overused.
    • Lower quality of VoIP calls due to limited bandwidth or software and hardware problems do not entitle to refunds or cancellation of the VoIP Service Subscription.
  • Monthly subscription payments must be received by the due date specified on the invoice/statement.
  • Invoices, statements and all other correspondence are issued only by e-mail to contact/billing e-mail address specified by the customer on the application form. It is customer's responsibility to notify CyberOne of any changes to the contact/billing email address. Any email correspondence sent by CyberOne to the customer is deemed delivered when it leaves CyberOne server.
  • Detailed listing of calls made using CyberOne Telephony Services is available to the Customer via 'MyAccount' portal. Customer agrees to retrieve this information via 'MyAccount' portal reports and acknowledges that requests made to CyberOne to forward this information in any other form will incur a Document Retrieval Fee, as defined in the 'Schedule of Fees' section of the 'Client Service Agreement'.
  • All Services are provided subject to the customer complying with the 'Client Service Agreement' and the Acceptable Use Policy (AUP). Please check terms and conditions and AUP links on our web site.
  • Free, complimentary services such as email addresses, mailboxes, webmail access, private web page, etc are provided on "as is", basis without warranties of any kind. The use of these services is at the customer's sole risk. CyberOne reserves the right to withdraw or change conditions and limits associated with these services at any time without notice.
  • Customer modem or other hardware failure, telephone handset or line faults within client premises, computer software errors or misconfiguration, faults/problems with CyberOne free/complimentary services do not entitle customer to refunds of subscription or connection charges.
  • CyberOne does not supply or support end customer fixed line handset equipment. If customer has an existing phone rental agreement with Telstra, the rental charges for phone equipment will be passed by Telstra and will apply until such rental agreement is terminated.
  • ISDN phone services are not available through CyberOne Phone Residential Service
  • Standard Telstra Phone features (Call Waiting,Call Forward,Call Return,3 Way Chat,Call Back, etc) or equivalent features are available upon request.
  • Telstra Home Messages 101 feature is not available.
  • Access to premium, paid 1900 numbers is only available if a phone service is provisioned on Telstra telephony infrustructure.
  
  CHARGES & FEES
  Following charges and fees apply in addition to fees outlined in plan/promotion descriptions. Unless specified otherwise in plan/promotion description,the below standard setup, security deposit and cancellation fees apply.
  • PSTN (Fixed Line) Service Activation Fee when transferring the Service from another Telephone Provider: NIL
  • New PSTN telephone line connection fees:
    • A working telephone socket exists from a previous connection and a Telstra technician is not required to visit your property or premises. - $65.00
    • A previous telephone service existed at your premises and a Telstra technician is required to visit your property / premises to reconnect existing suitable cabling at the distributor and /or the first socket - $139.00
    • Telephone line connection with a technician visit where cabling work is required. OR A new connection of a telephone service at your premises OR Where a previous telephone service existed at your premises and a Telstra technician is required to visit the property or premises to install and/or work on the cabling up to the first socket in your premises. - $299.00
  • New Service Order Cancellation. Following fees are charged if order is cancelled before the service is activated:
    • PSTN (Fixed Line) Phone Service: $199.00
    • Mobile Phone Service: $49.00
    • VoIP Phone Service: $49.00
  • Plan Upgrade Fee: $33.00
  • Plan Downgrade Fee: $55.00
  • Early Cancellation: payment of the unexpired portion of the term of the client's contract applies if the service is terminated before the minimum contract length period expires. If client joined on 'Special' promotional pricing or received discounted pricing, this early cancellation will also result in the reversal of any setup and monthly price discounts, together with payment of the unexpired portion of the term of the client's contract, at a full price.
  • Following call rates apply, unless otherwise advised in detailed plan description:
    • Local Calls Rate: $0.185 per call.
    • National Calls: $0.185 per minute. National calls exclude calls made to Christmas Islands or the Cocos Islands.
    • Calls to Mobile phones: $0.33 per minute. Mobile call rates are only applicable for calls to mobile phones within Australia. Rates exclude calls made to Christmas Islands or the Cocos Islands.
    • International Calls: Click here to view rates for International Calls.
    • Other call charges (eg. calls to 1300 or premium 1900 numbers): Telstra standard retail prices apply. See www.telstra.com for details.
    • Local call rates are those defined on Telstra web site. You can dial 132200 to check pricing of calls from your phone service.
    • Non local calls are billed at 1 second increments with a 1 second minimum. 35cents connection fee applies.
  • PSTN (Fixed Line) Phone Feature Charges (eg. Calling Number Display, Call Forward, etc):
    • Services provisioned on Telstra lines - standard Telstra retail prices apply. See www.telstra.com for details.
    • Services provisioned on Optus lines - standard Optus retail prices apply. See www.optus.com.au for details.
  • ACT Government Utilities Tax Charge: Residents of the Australian Capital Territory incur an extra charge or $2.04 per each telecommunication line due to recovery of the Utilities (Network facilities) Tax (ACT Utilities Tax) that was introduced by the local ACT State Government.
  • Other Charges and Fees: as per Schedule of Fees published in the General Service Agreement
  • Monthly charges consist of: a) Monthly subscription fee b) The previous month's telephone call charges and any other service fees re-billed from Telstra Phone Service. c) Charges for Internet access plan bundled with CyberOne Phone. Clients are responsible for checking their own telephone call records and Internet usage charges by accessing 'My Account' section of CyberOne's web site.
  • Business Line Surcharge: Surcharges are applied to business customers who subscribe to CyberOne Residential PSTN (Fixed Line) Phone Services. The business plan surcharges also apply to residential customers who conduct business from their home location. Following monthly surcharges/fees apply:
    • C1 Phone - Line Rental is charged at $44.95 (unbundled) and $39.95 (bundled)
    • C1 Phone Free Line - Surcharge: $9.95
    • C1 Phone Plus - Surcharge: $299.95
    • C1 Phone Cap - Surcharge: $229.95
  • All phone call and line rental charges are subject to change without notice should our Wholesale service prices change.
  • All prices are in Australian Dollars and include 10% GST
  
  

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  Last updated 01 June 2009