The conditions on which we provide products and services to our customers
In addition to our Customer Terms listed below, agreements for services will include one or more order forms completed by the Customer. Other important information about our services, policies and consumer advice are listed in the menu below.
1.1 Making of the Agreement
A legally binding agreement is made between MOVOX and the Customer when MOVOX accepts your Application Form for Services which may be completed and signed by you personally, submitted online or completed by MOVOX on your behalf over the telephone. The person applying for the Service confirms to MOVOX that they have full power and authority to do so on behalf of the Customer.
1.2 Period of Agreement
Your agreement will commence from the date of installation or transfer of the Service from your existing Carrier and continue for the Term and after that continues until terminated by you or MOVOX in the manner set out below. You should check any agreement you may have with an existing Carrier to make sure that you understand what effect transferring your Service will have.
1.3 Services Included
MOVOX’s aim is to provide high quality Services to its Customers. Your agreement will extend to each of the Services listed on the Application Form and will be subject to the matters set out in the applicable Service plan’s Critical Information Summary. It will also include any new numbers or Services that you request in the future and that MOVOX agrees to provide. You may also ask to change to a different Rate Plan in the future but only after any agreed fixed period has expired.
1.4 Additional Facilities
MOVOX can supply all of the additional facilities available on the telephone network generally at any time. The cost and terms of supply for any additional facilities will be explained to you at the time when you place an order and are also detailed in the applicable Service plan’s Critical Information Summary available at movox.com.au/critical-information-summaries. The cost of additional facilities may vary if MOVOX’s suppliers increase their charges.
1.5 Special Terms
Special terms which will apply to equipment and Services supplied by MOVOX appear in Schedules A, B and C.
1.6 Eligibility for Service
If you apply for a Business Service you agree to hold a current Australian Business Number throughout the term of your agreement and are over the age of 18 years.
Without prejudice to MOVOX’s rights under Clause 11.1(b) if the Customer becomes or ceases to be an Eligible Customer, then each time that you or the Administrator requests that MOVOX continue to supply Services, MOVOX may open one or more new accounts and may charge the new account holder a connection fee for each Service at the rate shown on the relevant Service plan Critical Information Summary.
MOVOX may pay commissions to buying groups, MOVOX Business Partners or other introducer’s of business.
1.9 Emergency Service ‘000’ Dialing
You acknowledge and that:
(a) MOVOX’s Voice over IP (VoIP) Service requires a functional broadband connection to the Internet;
(b) the broadband service may not be provided by MOVOX;
(c) Loss of service will prevent all outbound calls including emergency 000 calls;
In the event of power failure, termination of service by your Internet Service Provider, the MOVOX VoIP Service will not function. You will continue to be billed for the Service unless and until you or MOVOX terminate the Service in accordance with this Agreement.
2.1 To pay the Charges
You agree to pay the Charges without any set-off or deduction within 14 days of the bill issue date by payment by bankers direct debit (or such other means as MOVOX may accept) together with interest in respect of any payments that are not made by their due date at the rate provided in Clause 10.4.
2.2 Reconnection and other Fees
Without prejudice to any other rights or remedies MOVOX may have, MOVOX will charge you a fee of $11.00 (including GST) if you do not pay the whole or any part of your bill by the date when it falls due and may also charge you a reasonable reconnection fee for resuming the Services after they have been suspended or terminated as a result of your breach of your agreement.
2.3 Credit Cards
MOVOX may apply a surcharge of up to 5% if you pay your bill by credit card depending on which card you use.
2.4 Credit Limit
MOVOX will determine a monthly Credit Limit and subject to approval will extend the Credit Limit to the Customer for use of the Services. MOVOX will notify the Customer by email prior to the Customer reaching their Credit Limit. If at any time the unpaid charges for the Services (whether invoiced or not) exceed the Credit Limit (as designated by MOVOX from time to time), MOVOX may immediately suspend or terminate any or all of the Services without the need for any further notice to be provided to the Customer.
2.5 Non Payment
If you fail to pay any bill by its due date then you will forfeit the benefit of the relevant Reward Program credit that you would otherwise have been entitled to in respect of that month or any discount to which you would otherwise have been entitled.
2.6 Dishonoured Cheques or Direct Debit drawing
Dishonoured cheques or direct debit drawings will incur a $33.00 (including GST) administration fee.
3.1 Provide Security
If requested to do so by MOVOX you will deposit with MOVOX on account of future Charges a sum equal to the amount that MOVOX estimates you are likely to incur for the Services in any forthcoming monthly period and MOVOX may retain that sum as security for your future payments for so long as MOVOX considers it necessary to do so. Alternatively MOVOX may require that you provide one or more Guarantees of payment of the Charges.
3.2 Illegal and Immoral Purposes
You agree not to use the Services in an illegal or immoral way or so as to cause nuisance or annoyance to any other person and at all times to comply with the Fair Use Policy. You further agree that you will not make life threatening or unwelcome calls to any other person.
3.3 PBX Hacking and Toll Fraud
You are responsible for all usage charges in respect of the use of the Services whether or not such usage was authorised by you as it is the Customer’s responsibility to maintain the security and access to the Services and ensure unauthorised use does not occur.
MOVOX does not accept any responsibility for charges as a result of your network and devices such as; handsets, router, modem, VoIP adapter, IP PBX or software based phone system being compromised. Failing to secure your network and devices may result in the following:
(a) Toll Fraud – utilising your PBX or account details to make calls at your expense;
(b) Obtain unauthorised access to your system resources, information, privileges and/or listening to your calls and voicemail;
(c) Denial of Service – disabling your voice communication using packet floods
The customer is solely responsible for the security of their phone system and hardware to prevent PBX hacking or Toll Fraud.
The Customer is responsible for maintaining the secrecy and confidentiality of all identification and log-in information required by the Customer to access the Services.
3.5 Supply Information
You must inform MOVOX if there is any change of ownership or control of the Customer or if any events occur which may prevent or inhibit you from paying your bills or if you become insolvent or if any directors or partners of or in the Customer are convicted of any crime.
3.6 Former Carrier
You will pay all charges levied by your former Carrier up to the time when your Services are transferred to MOVOX and indemnify MOVOX against any claims or losses arising from the transfer of your Service.
3.7 Transfer to a new Carrier
If you decide to transfer to a new Carrier you will pay MOVOX all moneys due under the terms of your agreement with MOVOX before doing so.
4.1 Rate plans
Critical Information Summaries (CIS) provide you with important information about your plan. They cover things like the length of your contract, how much you need to pay each month, the cost of calls, what’s included in each plan and what’s not.
You can obtain the CIS applicable to your rate plan from MOVOX offices, MOVOX Business Partners, our website or by asking MOVOX to send them to you by post, fax or e-mail.
4.2 Standard calls
Standard Calls are:
(a) Calls to Australian landline phone numbers (Local and national calls); and
(b) Calls to Australian Mobile Networks.
What’s not included as a ‘Standard Call’?
(a) Calls to 1300 or 13 numbers;
(b) Calls to operator or directory assistance numbers;
(c) Calls to International or Satellite numbers;
(d) Calls to Norfolk Island, Christmas Island, Cocos (Keeling) Island and Lord Howe Island; and
(e) Free calls to 1800 numbers.
4.3 Changes to plans
MOVOX may change the nature of its plans or increase the rates shown on Critical Information Summaries from time to time. If these changes affect you MOVOX will give you 21 days prior notice of the change and you may cancel your agreement during the period of 42 days of receiving such notice subject only to payment in full of all Charges and costs incurred prior to the cancellation taking effect.
4.4 Terms that apply to all plans
The following terms apply to all MOVOX plans save where the contrary is stated on the relevant Critical Information Summary:
(a) Rates are quoted in Australian $ per minute; and
(b) Rates quoted are inclusive of GST
4.5 Number portability
MOVOX provides no guarantee that it can port (transfer) your telephone number to or from your current Service Provider or within any specified time frame:
(a) Number Portability of Direct In-dial ranges is supported in most instances however some number ranges are locked to MOVOX and cannot be ported from MOVOX to another carrier;
(b) Only your telephone number will be transferred to MOVOX. This may result in the loss of any Services that are attached or associated with the service provided by your existing carrier (e.g., Duet services, Line hunt, Voicemail, Digital Subscriber Line);
(c) You may not be able to transfer your number if moving to a different geographical location; and
(d) The transfer of your 13, 1300 or 1800 service will be conducted in conjunction with Industry Numbering Management Services Ltd (INMS).
4.6 Number portability rejections
(a) If you nominate an incorrect customer name, losing carrier name or account number on a porting application your application may be rejected and delayed and rejection fees will apply.
(b) Your current Service Provider may reject a port request if the information you provide is incorrect or does not match the data held by them. In this case you authorise MOVOX to correct the information and resubmit the request to port your telephone number or dispute the rejection by your current Service Provider;
(c) If there are ‘add-on’ services attached to a telephone line nominated for transfer to MOVOX your application may be rejected and delayed and port rejection fees will apply. Add-on services include but are not limited to: Line Hunt, Duet Services, Rotary Group Services, EFTPOS, Broadband, Messagebank and Facsimile services. These services must be removed from the nominated telephone line for the transfer to occur.
(d) In the event of a port rejection, withdrawal or reversal, MOVOX is not responsible for any period of outage. MOVOX accepts no responsibility for any loss of income or business as a result of a port being rejected; and
(e) Telephone numbers can only be ported to MOVOX whilst the account with the losing carrier is active. A telephone number associated with a suspended or disconnected account with your current carrier cannot be ported and any associated porting requests will be rejected.
5.1 Fixed terms
For certain Services the relevant Critical Information Summary may specify a minimum monthly Term and you will only receive the relevant rates during the Term and whilst using a telephone system or equipment that has been pre-programmed by MOVOX
5.2 Termination of a fixed term
If there is a fixed monthly charge for the Service under a fixed Term then MOVOX will bill out any unexpired period at the specified rate as soon as it is aware that termination will take place;
If you terminate a fixed Term agreement in accordance with Clause 11.2 and such termination would result in your agreement coming to an end prior to the end of the Term you shall pay to MOVOX a termination payment equal to:
(a) the discount value if you have subscribed to a discount on the purchase of Equipment for Supply; and or
(b) the amount of your monthly ‘Service Plan Access’ during the Term; multiplied by the number of months or parts of months of the unexpired Term at the date of termination; plus
MOVOX offers a number of Options with its Plans and with MOVOX’s prior approval you may choose one of those identified as available for your Services and change this selection by giving at least 14 days notice to MOVOX to take effect no earlier than at the commencement of your next Billing Period.
6.2 Capped calls
Under this Option either:
(a) any direct dialed local or long distance calls that you make which last for no longer than the duration shown on the Critical Information Summary for your Services; or (depending on which Option you have chosen);
(b) any direct dialed calls that you make to mobile telephones within Australia which last for no longer than the duration shown on the Critical Information Summary for your Services:
will not cost more than the relevant fixed cost shown in the Critical Information Summary for the duration of the initial period. In either case the cost will revert to the normal tariff for the type of call in question shown on your Critical Information Summary after the initial period.
MOVOX offers a Reward Program and with MOVOX’s prior approval you may choose one of those identified as available for your Services and change this selection by giving at least 14 days notice to MOVOX to take effect no earlier than at the commencement of your next Billing Period.
Under the terms of MOVOX’s Reward Program, the amount of your Eligible Charges in each Billing Period will entitle you to a credit for the maximum amount (if any) and at the rate shown on the Critical Information Summary for your Services in the next Billing Period to spend at MOVOX’s authorised redemption partners.
7.3 Program cards
If you are issued with a debit card to draw upon credits earned, the card will be issued subject to the terms and conditions imposed by the card issuer, a copy of which will be provided when you request entry into that program and will be sent to you with the relevant card.
8.1 Regular bills
We will aim to bill you once each month for Services used by you subject to MOVOX’s right to bill you on termination. Any Charges that we carry forward and do not bill at that time can be billed by us within 190 days from when the charge was incurred by you.
You will be emailed a copy of your bill in PDF file format and you can also access it by logging into your account on the MOVOX website.
8.2 Format of bills
All of our bills are itemised and designed to be easy for you to understand. If you need clarification of any entries on your bill you should contact us as soon as possible and in any event before the time for paying the bill has expired.
If you dispute any item on your bill you must pay the whole of the bill including the disputed balance within the time fixed for payment and MOVOX will refund any amounts that it agrees should not have been charged if it is established to MOVOX’s reasonable satisfaction that you are not liable for the same.
9.1 Basic principal
Unless it may not do so because of the principles of an Industry Code or by the general law or the regulations of the ACMA or a body competent to impose such controls, whilst MOVOX will use all reasonable care in providing the Services, MOVOX accepts no responsibility for any loss or damage of any nature relating to the same in any way.
9.2 Maximum liability
If the principles of an Industry Code or the general law or the regulations of ACMA or a body competent to impose such controls require MOVOX to take responsibility for any loss or damage, then such responsibility will be limited to one of the following at MOVOX’s option:
(a) the replacement or repair of the relevant goods; or
(b) the supply of equivalent goods; or
(c) the payment of the cost of replacing the goods; or acquiring equivalent goods; or
(d) the supply of the relevant Services again; or
(e) the payment of the cost of having the Services supplied again.
9.3 Consequential loss
MOVOX will never be responsible for lost profits or opportunities or for pure economic loss.
9.4 Causes outside of MOVOX’s control
MOVOX will not be liable to you in any event where provision of the Services is inhibited or prevented by any cause outside of MOVOX’s reasonable control.
9.5 Codes of practice
MOVOX will apply the Industry Codes and the Internet Industry Privacy Code of Practice if inconsistent with the terms hereof.
9.6 Customer service guarantee waiver
MOVOX is committed to providing our customers with excellent customer service. This waiver does not stop you from contacting MOVOX in regards to a fault with your service or allow us to avoid doing our best to fix a fault with your service as soon as possible.
The Telecommunications (Consumer Protection and Service Standards) Act 1999 [the Act] and the Telecommunications (Customer Service Guarantee) Standard 2011 (CSG) cover the supply of standard telephone services and enhanced call handling features and set out time frames for connection of services, repair of faults and for appointments.
The CSG standard does not apply to mobile or satellite telephone services, broadband Internet services, customer equipment or customers that have more than five standard telephone services.
When MOVOX supplies a Service to you we propose that you waive your protection and rights in full. On the basis that MOVOX is not required to meet the standards MOVOX is able to provide the Service for a significantly lower cost than would otherwise be charged for the Service.
You are not obliged to waive your protection and rights however MOVOX may choose not to supply the Service to you if you do not agree to waive your protection and rights in full. By waiving your protection and rights you agree that you are not able to make a claim to MOVOX for compensation where the standards have not been met.
The protection and rights you agree to waive include:
a) Damages for breach of performance standards, as per section 116 of the Act;
b) Time for payment of damages for breach of performance standards, as per section 117A of the Act;
c) Right of Contribution, as per section 118A of the Act;
d) Guaranteed maximum connection periods, as per the CSG;
e) Guaranteed maximum rectification period, as per the CSG;
f) Information to be given to Customers, as per the CSG; and
g) Making and Changing Appointments, as per the CSG
This waiver takes effect seven days from the date you order an MOVOX Service, unless you notify MOVOX in writing of your intent not to be bound by this waiver within that time frame. If you notify MOVOX of your intent not to be bound by this waiver MOVOX reserves the right not to provide you with the Service.
More information regarding the CSG standard can be found at www.acma.gov.au
If you fail to abide by the terms of your agreement you must compensate MOVOX for any loss that it suffers as a result.
If you fail to abide by the terms of your agreement, in addition to meeting any claims that MOVOX may bring against you, you will take responsibility for and hold MOVOX harmless from any liability to MOVOX arising as a result of such failure as well as any sums by way of indemnity legal and other costs, charges and expenses MOVOX may incur as a result of such matters.
You authorise MOVOX to make any payments or to comply with any demands in respect of such failures by you, without any reference to or further authority from you, and you agree that any such payment shall be binding on you.
You will pay interest at the rate of 2% over the rate provided for in the Penalty Interest Rates Act 1983 (Vic) during the period that any moneys that you are liable to pay to MOVOX are outstanding (whether for Charges or by way of damages or indemnity).
10.5 Legal & Collection Costs
If you fail to abide by the terms of your agreement MOVOX may appoint legal and or collection agencies to collect any unpaid charges due to MOVOX. You agree that any legal and other costs, charges and expenses MOVOX may incur as a result of such matters shall be binding on you and will be added to the total of any unpaid charges.
11.1 By MOVOX
(a) Bring your agreement to an end at any time (other than during an agreed fixed period) on giving 30 days prior notice in writing and without giving any reason for doing so subject to refunding any unexpired pre-paid credit to you.
(b) Bring your agreement to an end or suspend the Services without notice if it has reasonable grounds to suspect that you will not meet present or future Charges payable to MOVOX and it has taken reasonable steps to bring this to your notice.
(c) Terminate your agreement or suspend the Services if you are in material breach of your agreement or fail to pay any Charges that are due for payment.
(d) Suspend the supply of the Services for a reasonable period for operational reasons.
(e) Suspend the supply of the Services if it has reasonable grounds for suspecting fraud or illegal conduct in relation to the Services.
(f) Suspend the supply of the Services in case of emergency.
(g) Terminate your agreement or limit or vary performance of its obligations or intercept the Services in order to comply with legislation or regulatory requirements or the order of a competent court or agency.
11.2 By you
You may by written notice to MOVOX signed by the Customer:
(a) terminate your agreement during the period of 42 days after receiving notice of increase of Charges under Clause 4.2 subject only to payment in full of all Charges and costs incurred prior to the effective date of termination;
(b) terminate your agreement at any time by giving 30 days prior notice to MOVOX expiring at the end of a Billing Period
11.3 Consequences of termination
Any balance accrued due to you but undrawn under any Reward Program will be cancelled if you terminate your agreement.
12.1 What you should do
If you are unhappy with the Services or with any actions taken by MOVOX you should give notice of this to MOVOX of this in accordance with Clause 15.
12.2 Action to be taken
Both you and MOVOX’s complaints officer must take all reasonable steps to discuss the matter and seek to resolve the same within 21 days.
12.3 Telecommunications Industry Ombudsman
You agree not to refer any matter to the Telecommunications Industry Ombudsman until you have exhausted the previous steps outlined in this Clause 12 in a genuine attempt to resolve the matter.
13.1 Collection of information about you
It is necessary for MOVOX to collect information about you for the purposes of operating the Services complying with the Integrated Public Number Database (IPND) and also for the purposes of billing you and assessing and controlling credit risk including collecting unpaid accounts. Information may also be used for statistical purposes and for considering business efficiency and also for advertising and marketing purposes.
13.2 Who may access the information
Access to the information that MOVOX collects is available to you (subject to the limitations referred to in the Privacy Act 1988 (Cth)) but is otherwise restricted to MOVOX’s staff who need access to it for the purposes of carrying out their duties. It may also be passed to:
(a) Carriers or resellers of Carrier services or other suppliers to MOVOX in connection with provision of the Services;
(b) Credit reference agencies used by MOVOX in assessing credit risk or notifying default; and
(c) Solicitors or debt collection agencies retained by MOVOX to collect unpaid accounts.
13.3 Consequences of refusing to provide information
MOVOX will not enter into an agreement with you unless you agree to the provision and use of your personal information in this way.
By entering into your agreement you give your consent to the use of your personal information for these purposes.
14.1 Collection of information about you
MOVOX may make changes to these terms and conditions from time to time by altering the version available on the MOVOX website.
14.2 Service plans
MOVOX may also alter its Service Plans from time to time but if it alters the plan relevant to your Services you will be notified in accordance with Clause 4.3.
14.3 Critical Information Summaries
The terms contained in the Service Plan Critical Information Summary may only be varied in writing and signed by you and MOVOX.
15.1 Address for service
Notices should be given in writing to MOVOX or the Customer to the address, fax number or e-mail address shown on the Application Form unless new contact details have been notified by either Party to the other prior to service of the notice.
15.2 Deemed delivery
MOVOX will be entitled to treat any notice as duly served if either:
(a) it is sent by post and is not returned as undeliverable by Australia Post; or
(b) if sent by fax and the fax is successfully transmitted to the correct number; or
(c) if sent by e-mail and the e-mail is not rejected by the system within 7 days after dispatch.
15.3 Complaints officer
Notices to MOVOX’s complaints officer must be in writing, clearly addressed to ‘The Complaints Officer’ and sent to MOVOX at MOVOX’s address shown on the Application Form or any new address notified to you by MOVOX from time to time by Registered Post or delivered by hand to that address.
16.1 Applicable law
Your agreement is subject to the laws of, and the parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria or the courts of the State in which you reside if that is different. Each Party waives its rights to claim that any action brought in that State is brought in the wrong or an inconvenient forum.
(a) A failure or delay in exercise, or partial exercise, of a right arising from a breach of any provision of these terms and conditions is not to be regarded as, and cannot be relied upon as, a waiver of that right or an election not to exercise that right.
(b) No waiver or consent given by a Party may be construed as providing a waiver or consent in respect of any circumstances other than those strictly falling within the terms of the waiver or consent.
(a) Your agreement may be assigned by MOVOX without the need for consent by you.
(b) Your agreement may not be assigned or novated in whole or in part by you.
If any provision of these terms and conditions is invalid or void and is not enforceable in accordance with its terms, that provision is severed and all other provisions of these terms and conditions which are self-sustaining and capable of separate enforcement without regard to the severed provision, are and continue to be valid and enforceable in accordance with their terms.
In these terms and conditions:
“ACMA” means the Australian Communications and Media Authority;
“ACIF” means Australian Communications Industry Forum;
“Additional Charge” means a charge in accordance with MOVOX’s standard rates in effect from time to time;
“Administrator” means a liquidator, provisional liquidator, administrator of a company or deed of arrangement, or receiver and/or manager of an Eligible Company;
“Application Form” means the Application for Services completed by the Customer or by MOVOX on behalf of the Customer;
“Billing Period” means the period chosen by MOVOX for calculating your monthly Charges from time to time;
“Broadband” means the Broadband Service being a fast permanent broadband Internet connection using your telephone line or a specially installed digital network line or wireless fast broadband Internet connection using a mobile card and incidental data storage more fully described on the relevant Tariff Sheet. You can use your telephone line at the same time as the Internet;
“Capped Calls” means fixed charge calls as described in Clause 6.2;
“Carrier” means the operator of a telephone services network;
“Critical Information Summary” means an important document that sets out a range of essential information about every product or service on offer from MOVOX.
“Charges” means the cost of the Services (whoever the same have been used by) calculated at the rates shown in the relevant Critical Information Summary and Application Form as varied in accordance with these terms and conditions and any GST not included in the quoted price.
“Customer” means the person named as such in the Application Form, the business entity or individual using the Services from time to time and the person who has signed the Application Form as well;
“Eligible Charges” means the amount that you incur by way of Charges in each month for local calls, long distance calls, calls to mobile telephones, international calls, inbound calls to 1800 or 1300 numbers, mobile calls and recurring monthly Internet plan Charges;
“Eligible Customer” means a company that is being wound-up, or has a provisional liquidator acting, or is under administration, or has executed a current deed of company arrangement, or it or its property is subject to receivership and/or external management;
“Excess Usage” means the charges that may be rendered to your account in respect of the services supplied above the call charges included in your Tariff plan;
“Equipment for Supply” means the goods, Services and training (if any) more particularly described in the quotation and/or Application Form, which are to be supplied by MOVOX to the Customer;
“Fair Use Policy” means MOVOX’s Fair Use Policy from time to time as published on the MOVOX Website a copy of the current version of which is included in Schedule D;
“Guarantee” means a guarantee in writing from one or more guarantors acceptable to MOVOX in such form as MOVOX requires;
“Industry Code” means a code published by ACIF from time to time;
“Installation Date” means the date (if any) specified in the Application Form for the installation of the Equipment for Supply;
“Intellectual Property Rights” means copyright, trade mark, design, patent, semiconductor or circuit layout rights;
“Internet” means the world wide connection of computer networks providing for the transmittal of electronic mail, on-line information, retrieval of information and file transfer protocol;
“MOVOX” means MOVOX PTY. LTD. A.B.N. 32 602 123 491;
“MOVOX website” means the web site at http://www.movox.com.au;
“MOVOX’s Normal Business Hours” means the normal hours during which MOVOX is open for business, as specified on the MOVOX Website from time to time;
“MOVOX’s Service Centre” means the site designated by MOVOX from time to time from which MOVOX can most conveniently and practicably provide off-site Technical Support Services and repairs;
“Operating Manuals” means the documentation relevant to instruction in the use of the Equipment for Supply more particularly described in the Application Form;
“Options” means the customer options described on the relevant Tariff Sheet;
“Plan Access Fee” means a fixed minimum monthly fee paid to access a Tariff plan;
“PSTN” means a public switched telephone network;
“Rental agreement” means the rental agreement between the renter and us formed by a rental agreement schedule and the terms and conditions for rental agreement;
“Rental rate” means the interest rate implicit in this agreement, as reasonably determined by us;
“Rent instalment” means the rent instalments specified in the schedule, and comprises rent, and applicable fees, taxes and duties, and without limitation, may include stamp duty and GST;
“Residual value” means the value of the goods (as determined by us in calculating the rent for the goods), as at the date on which the goods would be returned to us upon this agreement running its full term;
“Reward Programs” mean the Reward Programs described on the relevant Rate Plans;
“Services” mean a telephone Service (in the case of fixed line Service being either a PSTN line offering faster data transfer using a circuit switched network or integrated Services digital network line) or mobile phone Service which offers local, long distance and international calls and/or SMS Service at the charge rates and with the Options described in the relevant Rate Plans and any relevant Technical Support and Equipment for Supply. For an Additional Charge the fixed line Service can be modified to provide Broadband and/or SMS Service as well as voice calls and many other additional facilities described in the relevant Rate Plans;
“Site” means the location for delivery and installation of the Equipment for Supply as specified in the Application Form.
“SMS” means text messages sent on the short messaging service;
“SMS Service” means the SMS Service, being a service that allows you to send SMS messages via your computer more fully described in the relevant Tariff Sheet;
“Standard Terms” means the standard terms set out in these terms and conditions as varied from time to time;
“Rate Plans” means the individual sheets produced by MOVOX containing brief descriptions of rates and other charges payable and Options available in respect of the various Services packages that it offers to Customers;
“Technical Support Charges” means the charge for providing the Technical Support Services, as specified in the Tariff Sheet for your Services or if no such charge is specified then MOVOX’s standard rates from time to time;
“Technical Support Services” means telephone or on-site support services;
“Telecommunications Industry Ombudsman” means the ombudsman established under the Telecommunications (Consumer Protection and Service Standards) Act 1999;
“Term” means any minimum period stated in the Application Form or any relevant Critical Information Summary;
“Warranty Period” means the period (if any) specified in the Application Form; and
“you” and derivations from that word are references to the Customer and references to
“your agreement” are references to the agreement between MOVOX and the Customer.
17.2 Rules for the interpretation of these terms and conditions
In these terms and conditions unless the context otherwise requires:
(a) references to these terms and conditions are references to these terms and conditions and the Schedules;
(b) references to Clauses and the Schedules are references to clauses of, and the schedules to, these terms and conditions;
(c) references to Parties or to a Party shall be a reference to the parties or a party to your agreement and includes references to their or its respective successors, permitted assigns, executors and administrators; and
(d) all covenants, liabilities, obligations and agreements given or entered into by more than one person are given or entered into jointly and by each of them severally.
The documents which make up your agreement should be read in the following order of precedence and any inconsistency interpreted accordingly:
(a) The Application Form;
(b) The Critical Information Summary; and
(c) These terms and conditions
MOVOX may substitute any component of the Equipment for Supply or part of any component of the Equipment for Supply prior to delivery without consultation with the Customer and may in any other respect modify the Equipment for Supply if, in the reasonable opinion of MOVOX, the said substitution or modification:
(a) will not adversely affect the performance or capacity of the Equipment for Supply;
(b) will not alter the configuration of the Equipment for Supply in any material respect; and
(c) will not otherwise materially affect the obligations of MOVOX or prejudice the rights of the Customer
If a substitution or modification is made under Clause 1.1 of this Schedule, MOVOX shall notify the Customer on or prior to delivery.
2. OPERATING MANUALS
MOVOX shall provide the Customer with such number of copies of each of the Operating Manuals as MOVOX determines acting reasonably.
3. SITE PREPARATION
The Customer shall at its own expense prepare the Site, and access to the Site, prior to delivery. In doing so, the Customer shall comply with any directions or specifications issued by MOVOX.
Without limiting the foregoing, the Customer shall ensure the supply of:
(a) adequate electric current;
(b) adequate electrical and mechanical fittings; and
(c) appropriate environmental conditions
If MOVOX delays delivery of installation of the Equipment for Supply due to inadequate preparation of the Site or access to the Site, the Customer shall be liable to MOVOX for all reasonable costs and expenses incurred by MOVOX directly or indirectly as a result of such delay.
(a) All deliveries are carried out via Australian Post Express Delivery Services;
(b) All orders are delivered within 7 days of purchase;
(c) Customers will be contacted within 48 hours if the product is out of stock or if a delay is anticipated; and
(d) Delivery costs are calculated on parcel size, weight and your delivery location. The delivery cost will be included in the total purchase price and we deliver to any valid address in Australia.
MOVOX shall install the Equipment for Supply at the Site on the Installation Date. In the absence of agreement to the contrary, the installation shall be effected during MOVOX’s Normal Business Hours.
The Customer shall provide MOVOX with such assistance, including the provision of personnel and facilities, as MOVOX reasonably considers necessary to ensure satisfactory installation of the Equipment for Supply. The Customer shall ensure MOVOX is granted all reasonable access, including necessary security clearances, for the purposes of complying with this Clause.
5.3 Early installation
If MOVOX requests permission to install the Equipment for Supply prior to the Installation Date, the Customer shall use its best endeavours to prepare the Site and do all other things necessary to comply with the request and to accommodate early installation.
The price of the Equipment for Supply does not include a training fee unless specified by MOVOX in the quotation. MOVOX may provide additional training in the use of the Equipment for Supply, if requested by the Customer, subject to payment of an Additional Charge.
7. PRODUCT WARRANTIES
7.1 New equipment
All products purchased are brand new, in their original manufacturer’s box and sealed unless otherwise stated. In addition to your statutory rights under the Trade Practices Act, all products carry the full manufacturer’s product warranties.
7.2 Personal, domestic or household goods
If we supply you with goods that are of a kind ordinarily acquired for personal, domestic or household use or consumption then under the Australian Consumer Law, the goods are subject to a number of consumer guarantees that cannot be excluded or limited.
7.3 Other goods costing $40,000 or less
If we supply you with goods that are not of a kind ordinarily acquired for personal, domestic or household use or consumption but cost no more than $40,000, the goods are also subject to the consumer guarantees that cannot be excluded, but can be limited in certain ways. Our customer contract may limit them as allowed by law.
7.4 Consumer guarantees
Consumer guarantees include guarantees that:
(a) we can give you the title to the goods;
(b) the goods are free of third party interests;
(c) the goods are of acceptable quality (within the meaning of the Australian Consumer Law); and
(d) they are reasonably fit for any purpose you have disclosed to us, and for any purpose for which we represent that they are reasonably fit – and some other matters. You can obtain full details at www.consumerlaw.gov.au
MOVOX warrants that at the date of supply it believes the Equipment for Supply to be free from defects in materials and workmanship.
7.6 Warranty period
The Customer may during the Warranty Period notify MOVOX in writing of any defect or suspected defect in the Equipment for Supply. MOVOX shall, to the extent necessary, inspect, replace or repair the Equipment for Supply at no Additional Charge and as soon as practicable after receiving notice from the Customer pursuant to Clause 7 of this Schedule.
MOVOX shall not be liable under Clause 7 of this Schedule if the defect is the result of:
(a) improper use or mismanagement by the Customer;
(b) operation of the Equipment for Supply other than in accordance with the Operating Manual;
(c) use of the Equipment for Supply in a manner not reasonably contemplated by MOVOX;
(d) modification of the Equipment for Supply not authorised by MOVOX;
(e) use of the Equipment for Supply in a manner contrary to law;
(f) subjection of the Equipment for Supply to unusual or un-recommended physical, environmental or electrical stress;
(g) re-installation or moving of the Equipment for Supply by a person other than MOVOX;
(h) use of the Equipment for Supply by a person other than the Customer;
(i) the Customer’s failure to comply with its obligations to MOVOX;
(j) the Customer’s failure or refusal to install engineering changes or enhancements recommended by MOVOX; or
(k) the serial number being removed or defaced
Title in any Equipment for Supply whether original, repaired or replaced will vest in or remain with MOVOX until paid for in full.
If the Customer provides notice of a defect or suspected defect pursuant to Clause 7 of this Schedule and any subsequent inspection by MOVOX reveals no further obligation on MOVOX, the direct and indirect costs and expenses associated with such inspection shall be borne by the Customer.
8. TECHNICAL SUPPORT
8.1 Where provided
MOVOX shall perform Technical Support on-site or off-site, according to MOVOX’s opinion as to the most practicable means of effecting the relevant Services for an Additional Charge unless specified in MOVOX’s quotation.
Upon receipt of a request for Technical Support, MOVOX shall use reasonable endeavours to provide a Technical Support engineer in person or by telephone as soon as reasonably practicable.
MOVOX will not be liable to perform Technical Support to remedy a defect in the Equipment for Supply if it has not received a written request from the Customer to carry out such Technical Support within two (2) days after the defect was discovered or ought reasonably to have been discovered by the Customer (whichever is the earlier).
9. HAZARDOUS CONDITIONS
9.1 Customer’s duties
The Customer shall take all reasonable measures to anticipate and avoid the creation of hazardous conditions which may jeopardise the safety of any personnel responsible for providing the Technical Support Services.
In addition to and notwithstanding Clause 9.1 of this Schedule, the Customer shall, if reasonably requested by MOVOX, install such engineering changes or take such other measures as may be necessary to remove hazardous conditions detected by either Party.
9.3 MOVOX’s Rights
In the event a hazardous condition is detected by either Party, MOVOX may discontinue providing the Technical Support Service until such hazardous conditions have been removed.
10.1 Customer’s duties
The Customer shall ensure MOVOX’s Technical Support personnel have full and safe access at all reasonable times for the purpose of providing the Technical Support Services. The Customer shall also ensure that such access conforms with any specifications issued by MOVOX from time to time.
The access referred to in Clause 10.1 of this Schedule includes access to:
(a) spare parts storage areas;
(b) such areas as are reasonably required by MOVOX to carry out the Technical Support Services; and
(c) suitable vehicle parking areas for MOVOX’s Technical Support personnel
Areas referred to in Clause 10.2 of this Schedule include, but are not limited to, unhampered working facilities, adequate light, heat and ventilation and suitable electric current outlet for testing purposes.
If reasonably requested by MOVOX, the Customer must provide a suitably qualified or informed representative to accompany MOVOX’s personnel and to provide such advice or assistance to those personnel as may be necessary in order to enable MOVOX to effectively perform the Technical Support Services.
11. CUSTOMER RECORDS
The Customer shall keep such records relating to the use and performance of the Equipment for Supply as may be directed by MOVOX from time to time.
The Customer shall permit MOVOX to have access to such records at all reasonable times including, but not limited to, all periods during which the Technical Support Services are being performed or during which preparations are being made for the Technical Support Services to be performed.
12. PRICE & TECHNICAL SUPPORT CHARGES
12.1 Travel allowance
If the Site is located at a distance in excess of fifty (50) kilometres from MOVOX’s Service Centre, MOVOX may make an Additional Charge in respect of the Technical Support Services for the time and travelling expenses of its Technical Support personnel in respect of travel beyond that fifty (50) kilometre limit to and from the Site.
12.2 Spare parts and freight
The price of the Equipment for Supply and Technical Support Charges payable by the Customer are exclusive of GST, the cost of any spare parts and of freight and insurance charges unless otherwise stated in MOVOX’s quotation.
13.1 Reservation of title
Title in the Equipment for Supply will pass to the Customer upon full payment of the price, any Additional Charges and any interest due to MOVOX in respect of the supply of the Equipment for Supply.
14.1 Passing of risk
Risk of loss or damage to the Equipment for Supply passes to the Customer upon delivery of the Equipment for Supply to the Site.
Between the delivery of the Equipment for Supply to the Site and the passing of title, the Customer shall insure the Equipment for Supply with a reputable insurance company in favour of MOVOX in an amount equal to its replacement cost against all risks of loss or damage due to any cause.
16.1 Sub-contracting permitted
MOVOX may sub-contract for the performance of its obligations.
16.2 Use of individuals
MOVOX may, without the consent of the Customer, engage individuals on a sub-contract or consultancy basis, whether or not operating under a corporate structure, to assist in the provision of Services to the Customer.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 Customer duties
The Customer shall:
(a) notify MOVOX in writing as soon as practicable of any infringement, suspected infringement or alleged infringement of any third party rights;
(b) give MOVOX the option to conduct the defence of such a claim, including negotiations for settlement or compromise prior to the institution of legal proceedings;
(c) provide MOVOX with reasonable assistance in conducting the defence of such a claim; or/and
(d) permit MOVOX to modify, alter or substitute the infringing part of the Equipment for Supply at its own expense in order to avoid continuing infringement, or authorises MOVOX to procure for the Customer the authority to continue the use and possession of the infringing Equipment for Supply
The Customer shall not:
(a) use the Equipment for Supply in combination by any means and in any form with other goods not specifically approved by MOVOX;
(b) use the Equipment for Supply in a manner or for a purpose not reasonably contemplated or not authorised by MOVOX;
(c) modify or alter the Equipment for Supply without the prior written consent of MOVOX; or
(d) enter into any transaction relating to the Equipment for Supply without MOVOX’s prior consent in writing
In the event that proceedings are brought or threatened by a third party against the Customer alleging that the Customer’s use of the Equipment for Supply constitutes an infringement of Intellectual Property Rights, MOVOX may at its option and at its own expense conduct the defence of such proceedings. The Customer shall provide all necessary co-operation, information and assistance to MOVOX in the conduct of the defence of such proceedings.
The Customer shall indemnify MOVOX against any loss, costs, expenses, demands or liability, whether direct or indirect, arising out of a claim by a third party alleging such infringement if:
(a) the claim arises from an event specified in Clause 15.2 of this Schedule; or
(b) the ability of MOVOX to defend the claim has been prejudiced by the failure of the Customer to comply with any requirements of Clauses 15.1 or 15.3 of this Schedule
1. PROVISION OF BROADBAND & SMS SERVICE
1.1 Provision of the services
MOVOX shall provide the Customer with the Broadband and/or SMS Service by such means and using such Internet service provider as MOVOX determines from time to time.
MOVOX shall use reasonable endeavours to provide the Broadband and/or SMS Service on a continuous basis during the Term and any renewed Term or continuing period during which the Customer uses the Broadband and/or SMS Service with MOVOX’s consent. MOVOX will inform the Customer if the Broadband and/or SMS Service is unavailable for access by the Customer due to maintenance.
1.3 Log-in details
MOVOX shall provide the Customer with all identification and log-in information required for connection to the Broadband and/or SMS Service.
MOVOX may, at its discretion, retain and assess any data or information concerning the Customer’s use of the Broadband and/or SMS Service.
2. ACCESS TO THE BROADBAND & SMS SERVICE
Save as stated on the Application Form, the Customer agrees to provide for itself the modem, computer, hardware, software and all other equipment required to access the Broadband and/or SMS Service.
The rights and obligations of the Customer shall not be assigned, sold, delegated, alienated, transferred or otherwise disposed of in any way by the Customer.
The Customer agrees not to disclose to any other person, corporation, entity or organisation any identification or log-in information, whether in use or not, nor any other confidential information relating to the Broadband and/or SMS Service or MOVOX.
The Customer is liable for all fees resulting from use of the Broadband and/or SMS Service accessed through the Customer’s identification or log-in information, whether authorised by the Customer or not.
Disclosure or loss of identification or log-in information that results in the incurring of fees or misuse of the Broadband and/or SMS Service is the Customer’s responsibility and any such occurrences should be immediately communicated to MOVOX in writing. A bill presented by MOVOX shall be deemed to be correct and prima facie evidence of all connection, access, usage and other fees contained therein.
MOVOX will erase the Customer’s identification or log-in information within 7 days of the termination of this agreement or after a written request to do so from the Customer.
3. USE OF THE BROADBAND & SMS SERVICE
The Customer agrees to procure that all persons using the Broadband and/or SMS Service comply with all directions pertaining to the access and use of the Broadband and/or SMS Service granted to the Customer by MOVOX, including, but not limited to, the Fair Use Policy.
The Customer warrants that in accessing and using the Broadband and/or SMS Service it will only use software that it is legally entitled to use and that such use will not be a breach of copyright.
The Customer acknowledges that MOVOX does not and cannot in any way supervise, edit or control the content and form of any information or data accessed through the Broadband and/or SMS Service and MOVOX shall not be held responsible in any way for any content or information accessed via the Broadband and/or SMS Service.
MOVOX disclaims all or any liability for any material on the Internet that the Customer finds offensive, upsetting, defamatory, personally offensive and in any way unsuitable for people under the age of eighteen (18).
3.5 Other users
The Customer will not act on or through the Broadband and/or SMS Service so as to interfere with or disrupt any third parties, Broadband and/or SMS Service providers, their computers, software or hardware. Such actions include, but are not limited to, the circulation of any unsolicited publicity or advertising material, propagation of computer worms and viruses, using the Broadband and/or SMS Service to make an unauthorised access of any other computer accessible via the Broadband and/or SMS Service, sending harassing, obscene, indecent, offensive or threatening electronic mail, forgery (or attempted forgery) of electronic mail messages and the placement, transmission or storage of any defamatory material on the Internet.
The Customer agrees to comply with the requirements of the Spam Act 2003 (Cth) and to refrain from the bulk transmission of messages unless permitted by law. The Customer agrees to refrain from the bulk transmission of unsolicited electronic mail.
3.7 Illegal use
The Customer will not access, nor permit any other party to access, the Broadband and/or SMS Service for any purpose or activity of an illegal, fraudulent or defamatory nature.
3.8 Intellectual property
The Customer will not reproduce, distribute, transmit, publish, copy, transfer or commercially exploit any information accessed through or received from the Broadband and/or SMS Service that would be an infringement of any copyright, patent, trademark, design or other intellectual property right.
The Customer will prepare and maintain sufficient back-up files and data storage capacity for the Customer’s data including electronic messages.
MOVOX has no responsibility to provide training in the use of the Broadband and/or SMS Service.
4. WITHDRAWAL OF ACCESS
MOVOX reserves the right to immediately, and without notice to the Customer, withdraw the Customer’s access to the Broadband and/or SMS Service if:
(a) the Customer fails to pay any fees or other moneys due to MOVOX including without limitation, any fees relevant to the connection, administration or usage of the Broadband and/or SMS Service by the Customer;
(b) the agreement between MOVOX and the Customer is terminated for any reason;
(c) the Customer misuses the Broadband and/or SMS Service or fails to comply with the Customer’s obligations as to the use and access of the Broadband and/or SMS Service