General Terms
Top ι General Terms ι Mobile Terms ι Full Service Terms ι Glossary
Zebra's agreement with you is conditional upon the terms and conditions set out below, which are governed by the laws of New South Wales. To assist you in understanding these terms and conditions, we have provided a glossary at the end of this webpage.
1. Agreement Period
1.1 The date on which your application is processed by Zebra marks the first day from which this agreement shall be effective. 1.2 This agreement shall remain effective until termination of the contract, which may occur by way of your notifying Zebra or by way of Zebra notifying you. 1.3 The provision of services shall begin from the date on which you are able to access the carrier services. If you are transferring accounts, the date on which the accounts are transferred into Zebra's name by your current supplier marks the first day of the provision of services.
2. Zebra's Service Provision
2.1 Zebra will use the facilities which we determine appropriate in order to provide you with the service you have nominated. 2.2 All reasonable measures shall be taken by Zebra to ensure that we can provide you with the service you have nominated as soon as possible after your application has been processed. However, in some circumstances we may be unable to establish the service due to such factors as: incapacity to access the carrier network; weather conditions; geographical conditions; and other unforeseen causes. In such cases, Zebra accepts no liability whatsoever for failure to provide the service you have nominated. 2.3 You accept that Zerba is not liable for any service failures which may occur. 2.4 Zebra maintains an obligation to provide you, the customer, with the service you have nominated up until the date on which your service is either suspended or cancelled by Zebra, or terminated by you. 2.5 Zebra reserves the right to bar access to numbers in certain cases. These may include 1900 numbers, Internet Service Providers, data calls and other calls. 2.6 Any risk associated with any equipment you may purchase from Zebra is immediately transferred to you upon delivery.
3. Your Obligations to Zebra
3.1 By signing on as a valued Zebra customer, you agree to:
(a) Provide us with information which you warrant to be accurate and true; (b) Notify Zebra immediately in the event whereby any of the details you have provided to us should change, including if you should discontinue residing at the premises where the service is connected; (c) Comply with all existing laws, regulation and guidelines relating to your use of the service you have nominated; and, (d) Notify Zebra if a problem with your service should arise.
3.2 By signing on as a valued Zebra customer, you agree NOT to:
(a) Utilize the Service for any purpose which is unlawful, immoral or unauthorized, or allow anybody else to utilize the service for any purpose which is unlawful, immoral or unauthorized; (b) Cause any loss or financial damage to Zebra or the carrier, or breach the rights of any person; (c) Use the service to place or accept a reverse charge call; nor, (d) Accept for in compliance with ACMA (or other similar industry codes), you may not utilize the CLI, or any information that you may obtain from the CLI.
3.3 You agree to:
(a) Fully indemnify Zebra for any liability we may incur as the result of any slanderous or illegal communications made by you, the customer; and, (b) Fully indemnify Zebra for any liability we may incur as the result of any slanderous or illegal communications made by any other person using the Services.
4. Terminating our Commitment
4.1 You may only terminate our commitment at the conclusion of the term you have signed on for. 4.2 If, at the end of the term, you have not taken active measures to terminate our commitment, provision of the service you have nominated and the effects of our agreement shall continue. 4.3 To terminate our commitment, you must give Zebra 14 days notice. 4.4 The terms and conditions which constitute your agreement with Zebra continue to be binding after your service is terminated, up until all of your obligations to Zebra have been fulfilled. 4.5 Upon terminating our commitment, you are obliged to:
(a) Return all hardware belonging to Zebra to us, if any (NB: failure to do so will result in you being required to pay the equivalent cost); and, (b) Pay Zebra all amounts due, including any expenses which Zebra may incur in terminating our commitment.
4.6 If you terminate our commitment prior to the end of the term, you will be required to pay the remaining charges due for that particular term, discounted at the rate of 6% per annum. 4.7 When you terminate our commitment, Zebra shall revoke your rights to special numbers, including but not limited to 1800 and 1300 numbers.
5. Service Suspension
5.1 Zebra reserves the right to suspend the service without notice if you fail to comply with the terms and conditions of the service agreement, or in the event where there is a service failure. 5.2 Zebra reserves the right to terminate our commitment to you under the following circumstances:
(a) If money owed to Zebra by you is not paid by the due date; (b) If, since processing your application, Zebra changes its assessment of you with regards to your deemed capacity to meet our credit terms; (c) If you breach a clause, term or condition of our commitment; (d) If you become insolvent or bankrupt, or if you are a company which is insolvent, wound up or in the process of winding up, or if you are in a partnership which dissolves, or if you die; (e) If a receiver, or any such other person takes authorized possession of your assets; (f) If, within any 3 month period, you do not make a call from your Zebra service; (g) If Zebra has deemed that your use of the service may cause economic damage to Zebra, any supplier or any carrier, or if Zebra judges that your use of the service may cause interference or congestion; (h) If you deliberately on unintentionally damage the network of our carrier or Zebra's network; (i) If Zebra deems that you have used the service for illegal or unauthorized activities; or, (j) If Zebra's agreement with the carrier ends, or if any other situation occurs which renders Zebra unable to provide you with the service you have nominated;
5.3 In the event where Zebra suspends your service, you will remain responsible for paying the fees for the period during which the suspension has occurred if:
(a) Zebra notices disproportionately high usage or unusual call patterns; (b) You have not fulfilled your responsibilities to Zebra; or (c) Technical problems with our network (or the network of the carrier) occur.
6. Payment of Zebra's Fees and Charges
6.1 By becoming and remaining a Zebra customer, you consent to the following stipulations.
(a) Zebra will send you an invoice detailing the fees which are due by you. Call charges are always rounded to the next cent; (b) You will pay the amount stipulated on the invoice, irrespective of whether you or another person incurred the fee; (c) Zebra maintains the right to change our fees at any time. In such an event, we shall notify you of these changes within 16 weeks from the date of change; (d) The fees are exclusive of taxes. The amount of any taxes (including GST) relating to Zebra's provision of the service you have nominated shall be reimbursed to us by you; (e) If you have nominated to pay your accounts via credit card or direct debit, Zebra shall debit your specified account for the invoice amount on the due date. Otherwise, you must submit payment to Zebra by the due date, and; (f) Zebra may pay a commission to dealers or retailers or any other such person named in your application. 6.2 If you fail to pay the amount due on or before the due date specified on the invoice: (a) You may incur a daily interest, which will accumulate from the date on which the invoice was due through to the date on which Zebra receives payment of your account. You will be required to pay this interest at the rate which is 2% above the overdraft reference rate which our principal bankers quote to us on the initial day of the applicable month; (b) All reasonable collection costs which Zebra may incur in the process of obtaining from you money owed to Zebra will be payable by you. These costs may include our total legal fees. Any costs which Zebra may incur in the process of recovering equipment, including Hardware, shall also be your liability; and, (c) Under these same terms and conditions, the carrier may be entitled to demand payment from you of any amount under our commitment which has not been paid by the due date.
6.3 If you wish to dispute an invoice amount, you must do so in writing within 30 days of the date on which the invoice was issued. Your communication must include the amount in dispute and the reasons for the dispute. 6.4 In the event where a dispute occurs, you are required to pay the undisputed invoice amount by the due date. 6.5 In the event where you have notified us of a claim or dispute which Zebra deems to be reasonable, we will not proceed with the collection/recovery process, until a final judgment has been made with regards to the disputed amount. In such cases, you should allow a minimum of 21 days for the issue to be resolved. 6.6 Invoices which are delivered or posted to your last known address by Zebra are considered effective. It is your responsibility to inform Zebra of any changes to your personal information, including your address. Failure to do so may make you liable to additional charges, as detailed above.
7. Other Charges
7.1 Connection fee of 30 cents applies for all timed calls on Zebra Start Plan and Zebra Smart Plan 7.2 Connection fee of 39 cents applies for all timed calls on Zebra Gold Plan and Zebra Premium Plan
8. Permissions
8.1 Subject to the Privacy Act 1988, and provided that we have your permission, Zebra may undertake the following:
(a) Contact credit reporting agencies so as to get hold of credit reports about you, to assist us in assessing your application, or to acquire payments from you which are outstanding; (b) Make known to credit reporting agencies personal information about you. This information may include the following:
(i) Verification that Zebra has received an application for services from you; (ii) Verification that Zebra is a credit provider to you; (iii) Information about fees which are in collection, and which are 60 days or more overdue, as well as notification that payments are no longer outstanding; and (iv) Details of requests (of more than $100) made to your bank, or cheques which you have written out to Zebra (for an amount above $100) which have been dishonoured two or more times.
(c) Zebra may give information about you to dealers, carriers and other third parties so as to enable Zebra to provide you with the service you have nominated; (d) Zebra may give to and receive from credit providers personal information about you, for the purpose of: determining whether you are a suitable candidate to receive credit from Zebra; administering your account; and, alerting other credit providers of any non-payment by you.
8.2 Your authorize third parties to provide Zebra with information relating to your financial status. You also acknowledge that it is Zebra's right to seek this information to enable us to assess your application. 8.3 If the Telecommunications Industry Ombudsman's Office requests information about your account, for example to resolve a complaint, Zebra is obliged to comply. The information we provide under such circumstances may include details regarding calls and call charges. 8.4 It may be necessary for Zebra to give information about your account to Shareholders and Financial Institutions. The information provide under such circumstances may include details regarding calls and call charges. 8.5 If you owe Zebra outstanding payments, Zebra may use any security payments that you have provided to us to settle your account. 8.6 Zebra may exchange information about your account (such as calls and call charges) with other carriers.
9. Transfer of Your Account - From your current supplier
9.1 In order to provide you with the service you have nominated, it may be necessary for Zebra to change your arrangements with the supplier you are with at the time of signing up to Zebra. If this is this case, Zebra shall undertake the transfer in keeping with this clause:
(a) Zebra shall sign forms authorizing the transfer in your name on your behalf, and you authorize us to do this. (b) If required, you will provide instruction in writing to your current supplier, to authorize and instigate the transfer, as directed by Zebra. (c) You will settle your account with your current supplier, ensuring that you there is no outstanding payment owing at the time of the transfer (d) If it should transpire that Zebra is required to pay or credit your current supplier, you will be responsible for reimbursing Zebra the particular amount which Zebra pays your behalf.
- From Us To Another Supplier
9.2 If, for whatever reason, you should choose to terminate our commitment and transfer the services to another supplier, you are obliged to pay Zebra any amounts owing up until the date on which the transfer occurs, or at the end of the Term. Immediately upon receiving the invoice, you shall pay Zebra the amount specified. 9.3 You will be responsible for paying the administration fee as well as applicable costs in the event whereby you transfer any fixed wire service to a different service provider, if the commitment has not been completed. 9.4 From the date on which Zebra transfers your accounts to an other supplier, we shall cease to provide you with Zebra's services. 9.5 You will be billed for those services in the next scheduled billing period. 9.6 If, after your account has been transferred, Zebra becomes aware that there are other rightful amounts owed to us by you, you are required to pay these amounts immediately upon receiving the invoice we issue to you. 9.7 If an other supplier credits Zebra for services up to the date of transfer of your accounts, we will credit you with these amounts.
10. The Extent of Zebra's Liability to You
10.1 Zebra is not liable to you for any breach of the warranties, terms or conditions of our commitment, be they express or implied. 10.2 In the event of loss, or any claim for lost revenue, actual or potential business opportunities, profits, anticipated profits or savings which you may incur, Zebra bears no liability whatsoever.
11. Force Majeure
11.1 Under no circumstances whatsoever will Zebra accept liability for:
(a) Any delay which may occur in rectifying any service fault; (b) Service failures; (c) Any delay which may occur in establishing any service; or, (d) Any service default under this agreement resulting from circumstances beyond Zebra's control.
12. Resale
12.1 You, the customer, are not permitted to re-supply or resell any services which Zebra provides to you.
13. All benefits for referring customers to Zebra Communications will be paid on collected revenue
14. Changes to the Terms and Conditions
14.1 Zebra reserves the right to vary, revoke or replace any term or condition relating to all facets of our operations at any time without notifying you directly. Any changes which Zebra makes to the terms and conditions shall be published on the Zebra website. As such, Zebra recommends that you check the website frequently. 14.2 By continuing to use Zebra's service after we have made changes to the terms and conditions, you confirm your acceptance of these new terms and conditions.
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Mobile Terms
Top ι General Terms ι Mobile Terms ι Full Service Terms ι Glossary
Zebra's agreement with you is conditional upon the terms and conditions set out below, which are governed by the laws of New South Wales. To assist you in understanding these terms and conditions, we have provided a glossary at the end of this webpage. For information regarding our handling of your personal information, please refer to our privacy policy.
1. Agreement Period
1.4 The date on which your application is processed by Zebra marks the first day from which this agreement shall be effective. 1.5 This agreement shall remain effective until termination of the contract, which can only occur at the end of the term. 1.6 To end the contract, you must give us 30 days written notice before the termination can take effect. 1.7 If you elect to end your contract before the term period is completed, you will be required to pay for the entire period of the contract, in addition to an early termination fee of $25.
2. Zebra's Mobile Service Provision
2.1 Zebra agrees to provide the service to you up until the date on which they are cancelled or suspended by us or cancelled by you. 2.2 All reasonable measures shall be taken by Zebra to ensure that we can provide you with the service you have nominated as soon as possible after your application has been processed. However, circumstances may prevent us from being able to do so. 2.3 All reasonable measures shall be taken by Zebra to ensure that we can maintain your service for the duration of the contract. However, from time to time, circumstances may prevent us from being able to do so. 2.4 Zebra accepts no liability whatsoever for any shortcomings in our capacity to provide the service to you. 2.5 Our service is only available to you provided that you:
(a) Do not utilise the service for any activity which is deemed to be immoral, improper, illegal or unauthorised; (b) Comply with the terms and conditions of this agreement; (c) Remain within the range of the network; and, (d) Provide Zebra with any information we may require in relation to your service. To find out about how we handle your personal information, please refer to our privacy policy.
3. Your Obligation To Zebra
3.1 It is your responsibility to:
(a) Ensure that your SIM card remains in a safe and good condition; (b) Return the SIM card to Zebra if asked. (The SIM card remains the property of Zebra.); (c) Consent that Zebra may at any time withdraw, suspend or reassign your phone number in order that we should comply with numbering regulations; (a) Fully indemnify Zebra for any liability we may incur as the result of any slanderous or illegal communications made by you or any other person using the services; (d) Inform us of any changes to your details, including contact details; and, (e) Notify Zebra Communications Customer Service without delay if a problem with the service arises, or if you damage or lose your SIM card.
3.2 It is imperative that you do not:
(a) Perform any activity, or knowingly allow another person to perform any activity, which may jeopardize the operation of the network; (b) Utilize the service, or knowingly allow another person to utilize the service for any activity which is deemed to be fraudulent, immoral, improper, illegal or unauthorised; (c) Accept for in compliance with ACMA (or other similar industry codes), you may not utilize the CLI, or any information that you may obtain from the CLI; (d) Redistribute, trade or sell any part of the service; or, (e) Disclose confidential information (such as your personal identification number or your enquiry password);
4. Terminating Our Commitment
4.1 The agreement can be cancelled at any time for any reason at Zebra's discretion. Cancellation can be instigated either by you or by us. 4.2 Should any part of this agreement be breached by you, Zebra will allow you a specified period of time in which to rectify the breach. Failure to comply will prompt the cancellation of your service. 4.3 At the conclusion of our agreement, Zebra shall withdraw your right to your mobile number. Subject to obligations relating to the ACA's numbering regulations, Zebra may allocate your number to a new customer. 4.4 It shall be your responsibility to pay any outstanding amounts which you owe to Zebra, in addition to any installments which you owe on your mobile handset.
5. Service Suspension and Disconnection
5.1 At any time, and without giving prior notice, Zebra may suspend our agreement should any of the following situations occur:
(a) We receive notification from you that your SIM card has been lost or damaged; (b) You, or any other person who utilizes the SIM card fails to comply with the terms of this agreement; (c) Your pre set spending limit is exceeded; (d) Upgrades or repairs are required to be carried out to the network; or (e) Faults or failures occur to any of the equipment used to deliver the service.
5.2 At any time, and without giving prior notice, Zebra may terminate our agreement should any of the following situations occur:
(a) Zebra's agreement with the carrier should terminate; (b) The carrier ceases to exist; (c) It is deemed that the use of the service by you or any other person may adversely affect the network; (d) The service is not used for a period of 6 months; (e) Ownership of any of your assets is transferred to the another person, such as a receiver; (f) Your bill is not paid by the due date; or, (g) A regulatory body such as the ACA expressly instructs us to terminate your service.
5.3 In the event where your service is suspended, you will be required to pay all applicable fees during the suspension period. 5.4 You are able to port your number from Zebra to an other service provider or carrier, however you will be required to pay any outstanding amounts owing on your mobile phone and account.
6. Payment of Zebra's Fees and Charges 6.7 By becoming and remaining a Zebra mobile customer, you consent to the following stipulations.
(g) Zebra will conduct a credit check, which you must pass to be eligible for the service; (h) Zebra will send you an invoice detailing the fees which are due by you. Payment must be made within 14 days from the invoice date. Call charges are always rounded to the next cent; (i) You will pay the amount stipulated on the invoice, irrespective of whether you or another person incurred the fee; (j) Suspension or cancellation of the service may occur, or restrictions to your service may be applied if you do not pay the invoice by the due date; (k) A late payment fee may apply if you do not pay the invoice by the due date; (l) Zebra maintains the right to change our fees at any time; (m) All reasonable collection costs which Zebra may incur in the process of obtaining from you money owed to Zebra will be payable by you. These costs may include our total legal fees. Any costs which Zebra may incur in the process of recovering equipment, including Hardware, shall also be your liability; (n) The fees are exclusive of taxes. The amount of any taxes (including GST) relating to Zebra's provision of the service shall be reimbursed to us by you; (o) Zebra may pay a commission to dealers or retailers or any other such person named in your application who has introduced you to the service; (p) Should your mobile exceed the pre set spending limit, you will be contacted and you may be required to make an advance payment. Zebra reserves the right to alter the pre set limit at our discretion; and, (q) Bills must be paid in full before you are eligible to receive new connection discounts.
6.8 If you wish to dispute an invoice amount, you must do so in writing within 14 days of the date on which the invoice was issued. Your communication must include the amount in dispute and the reasons for the dispute. 6.9 In the event where a dispute occurs, you are nevertheless required to pay the full invoice amount by the due date. 6.10 Invoices which are delivered or posted to your last known address by Zebra are considered effective. It is your responsibility to inform Zebra of any changes to your personal information, including your address. Failure to do so may make you liable to additional charges. 6.11 If you have nominated to pay your accounts via credit card or direct debit, Zebra shall debit your specified account for the invoice amount on the due date. Otherwise, you must submit payment to Zebra by the due date. 6.12 In the event whereby hardware, the access card or any other equipment becomes lost, you will be required to pay all associated fees up until the date on which you report the loss. 6.13 Mobile free calls exclude International calls, SMS or WAP - they are for mobile calls only. Free calls cannot be rolled over; they must be used within the billing month.
7. Other Charges
7.1 Connection fee of 30 cents applies for all calls from mobile to other mobiles or landlines except Zebra $6 Plan, where connection fee of 20 cents applies. 7.2 There is no connection fee for Voicemail Deposit on all Zebra Mobile Plans. 7.3 Connection fee of 30 cents applies for Voicemail Retrieval on all Zebra Mobile Plans except Zebra $6 Plan, where connection fee of 20 cents applies. 7.4 If mobile service is contracted for certain period of time, usually 24 months, Zebra reserves the right to charge penalties for breach of the contract in question. In case contract is breached, penalty payable is the amount of money that was expected to be paid until the contract expires.
8. Zebra's Agreement With You
8.1 Our agreement with you encompasses your application, the pricing package and these terms and conditions in addition to any terms and conditions which must be included by any laws, industry standards and codes. 8.2 Once Zebra has accepted and processed your request for the mobile service, this agreement is effective and binding. 8.3 The account shall be opened in your name and you shall be responsible for all charges incurred as the result of your service, irrespective of whether charges are incurred by you or by an other person. 8.4 Zebra may alter, vary, replace or revoke any aspect of this contract at any time. Should this occur, details of these changes shall appear on our website, or we may notify you by mail.
8. Your Mobile
9.1 You may purchase your mobile by one of two methods:
(a) By making a one-off payment which covers the applicable cost; or, (b) By making monthly installments of a predetermined amount.
9.2 Should you elect to pay for your mobile in monthly installments:
(a) You must agree to the terms and conditions of the finance company. The finance terms are outlined in a separate contract; (b) So long as you maintain the minimum spend commitment, you will not be required to make any extra payments; and (c) In the event where you cancel your service, you will be required to pay the outstanding amount. This outstanding amount shall be worked out as a pro-rata of the 24-month installment price of the mobile phone from the date on which it was bought and any upfront installments still owing.
9.3 For the duration of our agreement, Zebra shall always retain the beneficial and legal ownership of the hardware. This hardware shall become yours at the completion of our agreement.
10. Assignment
10.1 You are prohibited from transferring or assigning any rights and obligations under this agreement without first obtaining our express written consent. 10.2 Zebra reserves the right to assign or novate any and all rights and obligations under the contract to our related body corporate or nominee, and we may do so at any time. Zerbra may also require you to novate this agreement in favour of Zebra Communications' nominee.
11. The Extent of Zebra's Liability
11.1 Zebra is not liable to you for any breach of the warranties, terms or conditions of our commitment, including the non-provisioning of our pricing schedule, be they express or implied. 11.2 In the event of loss, or any claim for lost revenue, actual or potential business opportunities, profits, anticipated profits or savings which you may incur, Zebra bears no liability whatsoever. 11.3 Under no circumstances whatsoever will Zebra accept liability for:
(e) Any delay which may occur in rectifying any service fault; (f) Service failures; or, (g) Any service default under this agreement resulting from circumstances beyond Zebra's control.
11.4 Where Zebra cannot, by law, exclude such liability, our liability will be limited to replacing goods (where the breach relates to goods) or re-supplying or reimbursing the cost of services (where the breach relates to services).
12. Special Offers
12.1 Zebra may make available special offers and promotions from time to time. By accepting these special offers, you agree to accept the additional terms and conditions relating to these offers.
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Full Service Terms
Top ι General Terms ι Mobile Terms ι Full Service Terms ι Glossary
Please read these terms and conditions in conjunction with Zebra's General Terms and Conditions. To assist you in understanding these terms and conditions, we have provided a glossary at the end of this webpage.
1. General 1.1 To be eligible for Zebra's Full Service, your application, including credit assessment must first be approved. 1.2 Zebra's Full Service may be suitable for customers wishing to switch their fixed wire service (including local calls, timed calls, and line rental). 1.3 Full Service Customers have the option to sign on to a no commitment plan, or to a 3 month, 12 month or 24 month commitment, where specified. 1.4 If you elect to commit to Zebra for a designated period of time, after that period has ended, you will remain a Zebra customer and Zebra shall continue to provide you with the service you have nominated, until your service is cancelled in keeping with your agreement. 1.5 Provided that it is on the same account, you may choose a different Full Service Plan for each service. 1.6 You must maintain your long distance service with Zebra if you wish to remain eligible for our any of our Full Service Plans. 1.7 Access fees will be charged to you from the date on which the connection was made and one month in advance, every month. 1.8 If your telephone service has Duet Phone and Fax Multiple Number Option or the Multiple Number Service, the Full Service Plan you choose applies to calls made from the prime number only. 1.9 Zebra may not be able to offer you all benefits, discounts or services from the previous provider. 1.10 Zebra is not able to provide "priority assistance" to customers who may have a life threatening condition. 1.11 Zebra may, at any time, vary your agreement, including charges, fees, services and promotions. In the event where Zebra makes changes to your agreement, we will endeavour to advise you of these changes in advance via the Zebra website and the monthly bill.
2. Canceling or Changing Your Full Service Plan
2.1 If, for whatever reason, you fail to comply with Zebra's terms and conditions, Zebra may suspend your service. 2.2 Should you require for your service to be suspended, you must make your request to Zebra by calling 1300 401 402. 2.3 Any applicable fees will continue to be charged to you after your service is suspended. 2.4 Zebra accepts no liability for any loss or damage arising from suspension of your service. 2.5 You may be liable for an early termination fee if your service is disconnected prior to the expiry of the minimum term of your plan.
3. Charges
3.1 If you do not transfer your existing phone number to Zebra, a new number fee applies. 3.2 You will be billed on a monthly basis for your access fees, successful calls and other charges. 3.3 Access fees and rental charges will be billed one month in advance every month. 3.4 Timed call prices quoted are per minute and are inclusive of GST. 3.5 Zebra Telco Providers Pty Ltd may withdraw, alter or change offers and prices without notice at any time. 3.6 Timed calls are billed in 1 second increments. Minimum charge is 30 seconds plus 30 or 39 cents connection fee per call, depending on the Full Service Plan. 3.7 To be eligible for any discounts which Zebra may have on offer, your bill must be paid in full by the due date. 3.8 Charges relating to our wholesale provider, such as line rental and associated equipment and service charges, are subject to change without notice. 3.9 Should any price changes occur, Zebra shall endeavour to inform our customers in advance via the website and monthly bill. 3.10 National capped calls available on Zebra Start and Zebra Smart Plans are available 7 days a week, 24 hours a day. For the first 2 hours of each call, capped national rates apply. After the first two hours, standard national rates, including flagfall, apply. Calls to mobiles are excluded from this offer. 3.11 National capped calls available on Zebra Gold, Zebra Premium Plans available 7 days a week, 24 hours a day. For the first 10 minutes of each call, capped national rates apply. After the first 10 minutes of each call, standard national rates, including flagfall, apply. Calls to mobiles are excluded from this offer. 3.12 Only Zebra Start, Zebra Smart, Zebra Gold and Zebra Premium Plans allow capped calls to mobiles. Calls must start after 7pm and end before midnight. Capped Calls to Mobile rates apply for the first 10 minutes of every call from a Zebra Full Service fixed line to mobiles within Australia. Standard rate of 32c per minute and 30c or 39c connection fee, depending on the Full Service Plan, will apply up to the capped rate. After the first 10 minutes, the standard per minute rates apply. This offer does not include calls to International mobiles. 3.13 Local calls customers on a Zebra Smart package get their local calls free each month, up to the total amount stated for the package which they have nominated. Calls which exceed this limit will be charged according to the local rate specified in their package. Call credits which are not used within the month are not carried forward. 13 and1300 numbers are charged at 29¢ per call. 3.14 International Caped Calls apply only to Full Service Customers. After 30 minutes, rates per minute will apply for every call.
4. Zebra's Collections Policy
4.1 DIRECT DEBIT: All applicable fees will be charge to your nominated direct debit facility each month. We may suspend your service should your direct debit facility fail to honour payment on due dates. 4.2 RECOVERY OF MONEYS OWED: Zebra reserves the right to recover arrears from you in the event where we are unable to collect overdue amounts owed by you. This process may involve our engaging a mercantile agent, or we may take legal action. In the situation where payment has not been received within 61 days of the due date, Zebra will lodge a default with a credit bureau. In the event where recovery action is taken against you, you are liable for the costs of recovery. 4.3 ADVANCE PAYMENTS: An advance payment may be required to lift restrictions on some services. Such advance payments will be credited towards the next bill. 4.4 PAYMENT ARRANGEMENTS: You may call 1300 401 402 to place a request with Zebra to enter into a payment arrangement if you are having difficulties paying your bill. For your request to be considered, you must place your request a minimum of 3 working days prior to the due date on your bill. The first payment within a payment arrangement must be within 10 working days of the payment arrangement being agreed. Payment arrangements are available for limited periods, which we will specify should your application be successful. If the terms of the payment arrangement are not met, Zebra reserves the right to cancel the payment arrangement without notice. In this event, we may immediately attempt to debit overdue amounts.
5. Accessing The Service
The following information applies to: Override Code, Preselection, Operator Assistance, Reverse Charge Calls, Call Home Australia. 5.1 Whilst Zebra endeavours to ensure that you can receive your service promptly, we cannot promise specific timeframes. In some situations, we rely on our network provider to complete work on our behalf. These situations include: general engineering, fault repair and technical support; activation and disconnection of service (such as data and messaging); billing records; transfer or porting of a service number; and, suspending and barring service. 5.2 Zebra is unable to provide refunds or credits for any losses which may be caused through failures, delays in service or faults, unless obliged under law. 5.3 Zebra's Total Service is available to residential customers only - it is not available to business customers. By signing on to Zebra's Total Service, you are making an agreement to Zebra that you will advise us immediately should you become a business customer. If it comes to our attention that you are using Zebra's Total Service as a business customer, we reserve the right to cancel your service or charge you applicable business rates charged by Telstra.
6. Zebra's Quality Of Service
6.1 Zebra always endeavours to provide all of our customers with a high quality, fault free, continuous service, however certain issues may from time to time prevent us from being able to do so. These issues may relate to, but are not limited to: equipment, climate, geography or network issues. Where necessary, Zebra will work with relevant third parties and our network provider to resolve any issues, so as to be able to deliver the best quality of service possible.
7. Zebra's Customer Service Guarantee For Residential Customers
7.1 Under legislation, Zebra has certain obligations to adhere to a specific standard of performance with relation to: fault repairs; connections; and, attending customer appointments. Zebra takes all reasonable steps to fulfill these obligations. 7.2 In certain circumstance, if Zebra should fail to meet deliver to the standard required, you may be eligible for compensation. These circumstances exclude situations where: Zebra offers to provide you with an alternative/interim phone service; you make or agree to alternative arrangements; there are circumstances beyond Zebra's control. If you believe you may be eligible for compensation, contact Zebra on 1300 401 402 and we will investigate your complaint. If it is determined that you are entitled to receive compensation, Zebra shall credit your account as soon as possible. 7.3 For more information about the customer service guarantee logon to www.acma.gov.au, the Australian Communications and Media Authority website.
8. Faults
8.1 If faults to your service occur, please report them by calling 1300 401 402 between 9am and 6 pm (EDST) Monday to Friday. 8.2 Zebra will take all reasonable measures in order to ensure that your fault is responded to promptly. Zebra does, however, rely on the services of our Network Provider to deliver these services on our behalf. 8.3 The timeframe in which your fault shall be responded to is subject to such factors as: when the fault is reported, your location, the nature of the fault and any physical or security issues impeding access. 8.4 You may divert your service to another number (if available) in the instance where your service is faulty. 8.5 Zebra may charge you for repairs and faults that in our opinion, or in the opinion of our network provider, are caused by you. Any costs which you incur will be based on our network providers fees and charges. Zebra is unable to provide credits or refunds for losses caused through faults, failures or delays in service, unless obliged by law.
9. Appointments
9.1 In order to provide you with customer service, it may be necessary for us, at certain times, to set appointments with you at the site of the service. Whilst Zebra will take all reasonable measures to ensure the appointment is met, we cannot guarantee this as we rely on our service provider to deliver these services on our behalf. 9.2 In order to allow our service provider to attend to the issue, you must provide safe access to the site of the service. 9.3 If the site of service is at your place of residence, and you do not own the premises, you must obtain the owner's permission for us to access the premises. 9.4 The customer service guarantee outlines the performance standards for appointments. 9.5 Charges for appointments at the site of the service are based on the service network's fees and charges, and may vary depending on the type of work being carried out. 9.6 If you cancel an appointment or are not present to allow us access to the site of service, charges will apply. 9.7 To change an appointment, please call 1300 401 402 a minimum of 24 hours before the scheduled time.
10. Service Numbers
10.1 Zebra may give you a choice of up to 10 numbers when connecting to a new service or moving. 10.2 Zebra allows you to change your number at any time, so long as the substitute number has never been used. 10.3 Should you elect to change your number, an administration fee shall apply, unless your reason for changing is to avoid unwelcome calls such as harassment calls (provided that we are provided with a police report number).
11. Extra Services
Zebra offers a range of enhanced services, which include: Calling Number Display; Duet - Phone and Fax; Multiple Number; Messagebank; Call Forward - Selected Callers; Call Forward - Set the Time; Call Control; Delayed Hotline; Smart Ring; and, Abbreviated Dialling. Please note, Zebra does not offer every one of the enhanced services offered by Telstra. If you wish to find out whether a specific service is available through Zebra, please call 1300 401 402.
11.1 DIRECTORY LISTINGS Directory Listings is a service which enables you to have your name, address details and Zebra home phone number listed in the White Pages (online and hard copy).
11.1.1 When you connect your phone service to Zebra, you are automatically listed in the directory. 11.1.2 Only basic modifications will be accepted for the standard directory listing. 11.1.3 Listings are not available for Fax Duet and Multi-number services. 11.1.4 Zebra does not provide commercial directory listing, including the Yellow Pages. 11.1.5 You may elect to have a silent number.
11.2 LOCAL NUMBER PORTABILITY (TRANSFERS) Local Number Porting refers to the transfer of a standard telephone service number between service providers. Local Number Porting includes transfers between Telstra and its service providers and between Telstra and other carriers.
11.2.1 Zebra will not knowingly port your service number in or out, unless we have your written permission to do so. 11.2.2 Zebra will comply at all times with the relevant industry codes with regards to the completion of the porting process. 11.2.3 For any of a variety of reasons, ports may be rejected through the porting process. Should this occur, you may request an investigation of a port rejection. 11.2.4 In the event where the customer requests an investigation of a port rejection, Zebra will endeavour to address this request immediately. However, we are unable to guarantee that the request will be addressed immediately. 11.2.5 If you are porting, you should take into consideration that: Some of the enhanced services offered to you by your current provider may not be offered by your new provider; any transactions stored on the existing network (for example, Messagebank), will be lost; and, an administration fee may result from cancellation of your existing plan with your current provider. 11.2.6 For numbers porting out of Zebra, a standard port fee may apply. 11.2.7 Zebra is unable to give credits for service numbers ported to us where outstanding amounts are owed prior providers. 11.2.8 In the event where your current provider charges or credits us with any amount in relation to services provided prior to the date of transfer, we shall credit or charge that amount to your Zebra account accordingly. 11.2.9 Should you transfer from Zebra prior to the completion of the minimum term of the plan you have nominated, you will be required to pay Zebra any outstanding fees and charges, in addition to cancellation fees. 11.2.10 If you wish to port your service to Zebra, it is not necessary for you to contact your existing service provider. Simply contact Zebra on 1300 401 402, and we shall initiate the process. 11.2.11 In order to fulfill a request to initiate a port, Zebra must first receive authorization, either via a written application, electronic signature or recorded call. 11.2.12 If you are of the belief that a port has taken place without your consent, simply call 1300 401 402 to request a port reversal.
11.3 SILENT LINE
11.3.1 If you elect to have a silent line, Zebra will not list your telephone number, name or address in any of the following: White Pages Online directory; Electronic White Pages Service; or, White Pages Directory on CD. 11.3.2 If you elect to have a silent line, Zebra will not disclose your number through directory assistance. 11.3.3 If you elect to have a silent line, a monthly fee shall apply (as detailed in our Fees and Charges schedule).
11.4 HOME PHONE EQUIPMENT
11.4.1 Zebra does not offer rental or sale of any new equipment to support your Zebra Home service. However, Zebra shall continue to maintain any Telstra existing equipment covered by an equipment rental plan. This shall be the case for as long as they are offered to customers. 11.4.2 It is your responsibility to maintain and repair any equipment relating to your service which is in your possession and which does not belong to you. 11.4.3 It is essential that you only connect equipment that complies with relevant technical standards (and other relevant requirements). To obtain these standards, visit the Australian Communication and Media Authority's website at: http://www.acma.gov.au. 11.4.4 All costs associated with acquiring, utilizing and maintaining the required equipment are your responsibility. Should your equipment cause a fault in your service, Zebra may charge you a call out fee in addition to reasonable charges for rectifying the fault. 11.4.5 If you are a customer with existing phone equipment covered by an existing plan, you must:
(a) Comply with all guidelines with relation to the utilization and maintenance of rental equipment; (b) Only attach to the rental equipment attachments which comply with Australian Communication and Media Authority standards; (c) Ensure that the rental equipment is kept in a safe and protected environment; (d) Return all rental equipment upon cancellation of the rental to Zebra; (e) Return all rental equipment to Zebra in good working order; (f) Not modify, vandalize, change or repair rental equipment; (g) Notify Zebra immediately should the rental equipment become faulty or cease working; (h) Obtain Zebra's consent before removing any rental equipment from the address kept on our records; and, (i) Inform us immediately in the event where the rental equipment becomes lost or stolen.
11.4.6 You will be charged monthly for all rental equipment, including telephones. 11.4.7 Should you discover a fault with any of the rental equipment covered under your plan, you must contact Zebra immediately. Zebra will endeavour to replace the equipment or faulty part immediately. To arrange equipment replacement, please contact Zebra on 1300 401 402. 11.4.8 You will not be charged for the replacement of rental equipment or parts, provided that the fault is caused by fair wear and tear or by a design or manufacturing defect. (NB: The term "fair wear and tear" does not apply to damage caused by your error, such as vandalism, negligence, misuse, accident or loss.) 11.4.9 You will be charged for the replacement of rental equipment or parts where:
(a) The fault has resulted from maintenance work which Zebra has not authorized; power failure or fluctuation; air conditioning or humidity control; electromagnetic or electrostatic interference; use in an abnormally harsh environment; operation without due regard to manuals; or, operation not in accordance with user guides, specifications or other relevant documents; (b) The fault is the result of a fault in your cabling or other equipment attached to the rental equipment which do not meet Australian Communication and Media Authority compliance standards; (c) You request that we do repairs outside of normal business hours; or (d) The fault is not the result of a defect in design or manufacture, or fair wear and tear.
11.4.10 Should we supply you with a rental telephone displaying our or our service network's branding, and you suffer damage or loss on account of it not being a merchantable quality, then Zebra shall replace it. 11.4.11 Should any injury, damage or loss be caused to a third party because of your negligent use of our rental equipment, you are accountable for any associated costs. 11.4.12 If you are having any rental equipment replaced (including a telephone), charges shall apply if you elect for us to courier the equipment to you, or if technician inspections and installments are required. However, if you collect the equipment from a Zebra collection point, charges will apply. 11.4.13 We shall only charge for returned rental equipment if it is found to be damaged, vandalized or faulty on account of your actions. 11.4.14 You are responsible for paying Zebra any amounts relating to any loss or damage which we may suffer in the event where rental equipment is lost, stolen, destroyed or damaged. 11.4.15 At any time, you can cancel your rental of any rental equipment. Simply call 1300 401 402. 11.4.16 Rental charges shall be cancelled upon our receiving the rental equipment at one of the collection points.
11.5 YOUR PREMISES
11.5.1 It is essential that you ensure that any equipment supplied to you and facilities and connections used in providing the service are not repaired, altered, maintained, connected or disconnected from any line or power source except by a person authorized by Zebra to undertake such work. 11.5.2 Should Zebra request it, you are obliged to maintain and repair any equipment that impacts on a service which is at your premises and which does not belong to Zebra. 11.5.3 It is your responsibility to arrange and pay for any electricity supply for the service you have nominated. 11.5.4 You must provide safe access to the site of the service at your premises. 11.5.5 If the site of service is at your place of residence, and you do not own the premises, you must obtain the owner's permission for us to access the premises. 11.5.6 In the event where you leave your premises without first disconnecting the service, you will be liable for any costs incurred by later occupants who use the service.
11.6 COSTS
11.6.1 Costs of maintaining all equipment relating to the service which is kept at your premises is your responsibility. 11.6.2 Until a successful payment record has been established with us, Zebra shall apply a restriction to premium services, such as 190, 1900 etc. 11.6.3 If you have not established a successful payment record with Zebra, yet wish to have premium service privileges, you must provide us with a $250 advance payment (which will be held for a minimum of 6 months). Zebra will then provide you with premium services, and your advance payment will be applied against your fees and charges. 11.7 Excessive or Unusual Activity 11.7.1 Your service may be temporarily suspended if we identify any unusual call patterns of excessive use of your Zebra service. In this event, we shall contact you first. 11.7.2 If your service has been suspended on account of unusual call patterns or excessive use, an advance payment may be required for your service to be restored.
12. Timeframes and Connections
12.1 If you place a connection order with Zebra after 5pm (EDST), it will be registered as having been received the following working day. 12.2 Zebra shall endeavour to connect all in-place connections within 2 working days after receiving your order. (In-place Connections are where there has been a recent working connection at the address. Hence, in-place connections do not involve technicians entering your premises.) 12.3 Where there has been no recent connection, or any connection in the past, a technician must visit your premises to establish the service. For new connections, the following timeframes apply: within 5 working days after request for urban areas; within 10 working days after request for rural areas; within 15 days after request for remote areas; or, at a later date provided that you agree to this. 12.4 Zebra may refuse to connect you if the request is at an unusual location (e.g. tower, underground mine, drain); where connection at your premises is deemed unreasonable or unsafe; or, where there is no local government planning approval. 12.5 If you report a fault outside of the hours of 8am - 5pm EDST, it will be registered as having been received the following working day. 12.6 Priority is given to the repair of a fault outage affecting a number of customers. 12.7 Repairs shall take place within specified timeframes depending on the service location, as follows: end of one full working day after report for urban customers; end of two full working days after report for major rural customers; end of two full working days after report for minor rural customers; end of three full working days after report for remote customers.
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