Standard Form of Agreement
Our Standard Form of Agreement (SFOA) has been created in accordance with Part 23 of the Telecommunications Act (1997). It is to be read in conjunction with your plan brochure.
It is available upon request in hard copy by contacting our Customer Support Team on 08 9422 5566 or via our website
Additionally you can access the summary SFOA below, or full version of our SFOA anytime online.
Summary Standard Form of Agreement (SFOA)
IMPORTANT CUSTOMER INFORMATION – YOUR RIGHTS AND OBLIGATIONS
| The following information is required to be provided by us to you under Australian telecommunications legislation. It sets out a summary of the terms and conditions contained within our Standard Form of Agreement (our 'Customer Agreement'). The terms of our Customer Agreement are wide, as they apply to all of our customers whom may obtain our services individually, through businesses or companies or through lifestyle village/facility providers. Accordingly this summary should be read in conjunction with your Application Form, which describes specific terms relevant to you. |
Summary Standard Form of Agreement
Security Bonds
Charging
Billing
Contract for the supply of Services
Variations
Copy of Our Customer Agreement
Rights and Remedies
Other Matters
Summary Standard Form of Agreement
Living Networks Enterprises Pty Ltd ('us', 'our' or 'we') is a provider of voice and data telecommunications services. We provide these services under a Standard Form of Agreement which is known by us as our Customer Agreement.
Our Customer Agreement, along with the following documents, governs the provision of Services by us to you.
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any terms set out in an Application form you Sign; and
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a Pricing Schedule provided to you at the point of sale; and
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any applicable Service Description, service features material or warranty information published by us.
Security Bonds
We do not usually require payment of a security bond however if we do, we will let you know at the time of offering you our Service.
Charging
Our charges for Services are, but are not limited to, setup charges, monthly plan fees, equipment rental or purchase charges and call or usage charges which including local and other fixed calls and flagfall and timed call charges, and excess data charges. Some Services have non-refundable application fees and some have early plan cancellation fees. The specific details of your plans will be provided at the time of application.
Our charges are set out in our Pricing Schedule which is available on our website or by contacting us.
Our charges include GST unless we specify otherwise.
Our fixed charges are payable (normally monthly in advance) whether or not you use the Services. Usage charges are normally charged monthly in arrears.
Billing
We typically issue bills monthly, by mail or email or by publication on our website.
Where applicable, we may appoint the provider of a residential village or other third party to act as our collection agent for our billed amounts from you. Alternatively we may supply our Services directly to the operator or owner of the residential village whom on-passes the Services and applicable Fees and Charges to you. In either case, how that party collect funds from you will be agreed between you and them.
If in your circumstance we do not have a third party collecting our bills, we encourage payment by direct debit from your bank account, credit card or other account and charge $2.50 if You choose to use another payment method such as Australia Post payments, Bpay, cheque or money order.
We will not bill you for usage of our Services more 190 days old, as per the ACIF Billing Code.
If we’ve agreed that you will pay us directly for your Services, where accounts are unpaid for 14 days, a late payment fee of $11 will apply. Accounts not paid within 3 months will be referred to a Collection Agent and full recovery costs will be charged. Subject to the ACIF Credit Management Code, where applicable we may terminate your Service.
Contract for the Supply of Services
We supply services under Plans which may have a minimum term. We will tell you if your Plan has a minimum term before you connect the applicable Service. You may terminate your plan early however unless special circumstances apply we will charge you a plan cancellation fee.
We may only terminate your Plan and associated Service if one of the following apply:
- it has no plan term or its minimum term has expired and we give you at least 30 days’ notice of termination;
- You breach our agreement in a material way including failure to pay your bills by the due date;
- There is evidence to suggest fraud or other illegal conduct in relation to the Service;
- We reasonably believe that you will no longer require or use the Service or become bankrupt, insolvent or subject to a similar insolvency event;
- We are unavoidably required to do so in order to comply with a legal or court requirement;
- You re-sell a Service, use a Service commercially or otherwise use a Service improperly.
- Reasons outside our reasonable control (including our loss of access to the Service).
During any minimum term, we will not unilaterally change the features, terms, including charges, of your Service unless we give you 21 days’ notice. Such a notice will offer you an option to cancel your service within 42 days without penalty. We will not offer you such an option however if the pricing variation is due to:
- change in tax imposed by law;
- changes in the price of international services;
- changes in pricing for third party services, on-charged to you by us.
In any case, where the variation to our Customer Agreement could reasonably be expected to adversely affect ordinary customers, we will give you reasonable notice.
We may at any time vary the Service if reasonably required for technical, operational or commercial reasons. If doing so is likely to have a significant detrimental impact on your use of the Service, then we will give you notice in writing of the intended variation at least 21 days before the date on which the variation takes effect; and you may cancel the service without penalty within 42 days of that notice.
Copy of Our Customer Agreement
You may obtain a copy of our Customer Agreement at www.ivillage.net.au or by contacting us.
Rights and Remedies
Termination by you: Other than during any minimum term applicable to your contract, you may request termination of your Plan at anytime. We will effect this termination on your next bill run date.
Warranties: We give the warranties that we are required to give by law, under the Trade Practices Act and consumer legislation. In the case of goods, we will provide you with the same warranty on any goods we supply, as the manufacturer / importer provides for those goods. Subject to those warranties and to any specific warranties, we do not warrant that any Service will be continuous or fault free or suitable for any application that needs continuous fault free service.
Complaints: Our objective is to resolve complaints quickly, efficiently and effectively and we have a complaint handling policy in place. Call 08 9422 5566.
Fault reporting: To report faults, call 08 9422 5566.
Customer Service Guarantee (CSG): The CSG sets specific standards with respect to residential fixed line telephone service connection and faults. As we offer discounted telecommunications services to village communities we do not offer the CSG and you agree to waive any CSG rights.
The Telecommunications Industry Ombudsman (TIO): The TIO (free call 1 800 062 058) is available as a last resort to resolve disputes that cannot be resolved with us. In addition the Office of Fair Trading in each State or Territory may also investigate consumer complaints about telecommunications services.
Other Matters
Credit checks: We may carry out credit checks and searches as part of our Credit Assessment Policies.
Privacy: Our privacy policy is available on our website.
Priority Assistance: You may be eligible to register for Priority Assistance where a medical practitioner has certified that either you, or a member of your household, meets certain eligibility criteria. Please telephone us if you believe that you may eligible for Priority Assistance, or if you require further information.
Meaning of Terms: Unless the context suggests otherwise, terms used in this document have the same meaning as our Customer Agreement.