Business Service Terms & Conditions

The Business Service Terms and Conditions apply to supply of the MyNetFone business products and services to our business customers.

If you are a business customer, you need to read these terms and conditions as well as the General Terms and Conditions.

If you are purchasing a broadband service, you also need to read the ADSL Broadband Service Terms and Conditions.

The Business Terms & Conditions are provided below & are also available in PDF format.


STANDARD AGREEMENT

These Business Service Terms and Conditions form part of the agreement between My Net Fone Australia Pty Ltd (“MyNetFone”, “we”, “us”, “our”) and  each of its Business Customers ("you," “your” or "Customer") who are end users of the services or partners who re-sell the services to its end user customers for supply of the MyNetFone service. MyNetFone General Terms & Conditions posted on the MyNetFone website forms part of this Agreement. MyNetFone ADSL Broadband Service Terms and Conditions posted on the MyNetFone website also form part of this Agreement if MyNet Fone supplies that service to you. Together these documents are called the ‘Agreement’.  This Agreement governs both the Service and any devices and equipment used in conjunction with the provision of MyNetFone Services. By activating the Service, you acknowledge you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.

Call Charges, Rates and Fees 

i)              All rates and fees are in Australian dollars

ii)             All rates and charges are ex GST unless specified differently

iii)            Prices quoted do not include any on-site costs unless specified

iv)           Call charges shall apply for any answered call whether the called party is an answering machine, disconnected service, wrong number, service switch-off announcement or actual conversation. The call charge begins when the call is answered and ends when the call is terminated

v)            All equipment quoted are ex Sydney at My Net Fone office. Customer is responsible for paying freights from Sydney to site unless agreed separately.

vi)           MyNetFone will conduct a rate every twelve months and will advise the Customer any variation of the call rate within two (2) working days notice before the rate change takes effect. The continuation of the use of the Service constitutes an acceptance of the revised call rates.

Service Provision

i)              We agree to supply you and you agree to acquire the services and/or equipment based on the General Terms and Conditions posted on the MyNetFone website and on the specific terms and conditions set out in this Agreement;

ii)             This Agreement for supply of Business Services will become effective on the day the Service Application Form is signed and will continue for the minimum term and then on a monthly basis;

iii)            Upon signing this Agreement, the Customer gives MyNetFone the authority to order the equipment, if any, and services and agrees to pay any costs associated with the equipment and services;

iv)           The Customer shall nominate a contact person at each installation location, inform them of the impending installation and have them instruct the installer of the exact location for installation of the services at that sites;

v)            You acknowledge that we may provide the Service using a combination of MyNetFone facilities and access tails or facility supplied by an other supplier(s) used to complete supply of the service to you;

vi)           The installation target for the provision of new MyNetFone voice and broadband Internet data services is up to 6-8 working weeks. We will use reasonable endeavours to meet your delivery date for supply of the service to you but we do not represent or warrant that we will deliver the service by that date.

vii)          You acknowledge and agree that before commencing supply of the service we may, as reasonably determined by us, need to modify or install equipment and make arrangements with other suppliers for the provision of the service;

viii)         MyNetFone reserves the right to vary the method of provisioning the services and the equipment used to provide the service. However any such variation will not impair the provision of the services to the Customer 

ix)           You must comply with any reasonable instructions given by us and provide all information and assistance reasonably required by us, in order to enable us to comply with any request or direction of a government agency, emergency services organisation or other competent authority for reasons of health, safety or the quality of the service;

x)            If you re-supply the service to an end user you agree that you will be responsible for receiving from and responding to, the end user directly in relation to fault reports and other complaints or enquiries about the service. You are solely responsible for billing, invoicing and collecting payments from that end user in respect of the service and you will be liable for the service regardless of the extent to which you are able to recover charges from the end user.

xi)           MyNetFone does not guarantee to provide customers with static IP addresses which may change for reasons outside of MyNetFone control. 

xii)          MyNetFone reserves the right to provide its services to any customer at its absolute discretion.

Service Activation

i)              MyNetFone’s services will only be activated upon agreeing to this Agreement and signing a service form. The credit application process will need to be completed for post paid customers before service activation  

ii)             Upon signing the service form , customers are required to pay in full the equipment costs and any initial one-off charges before service activation.

iii)            Customers shall pay for the installation and recurring fees for the broadband link service once the installation is completed regardless of whether the broadband links are carrying live traffic

Public IP Address

If a customer requires more than one public IP address, it is a requirement of APNIC that customer is to provide to MyNetFone a basic network diagram and a brief description how the additional IP address (es) are intended to be used. This information will be kept on file in case APNIC performs an audit.

Use of Service

  1. You or your customer must not use or permit any use of the service:

i)              to transmit any defamatory, abusive, menacing, threatening, harassing or illegal material or any unsolicited material of an offensive, obscene or indecent nature or otherwise contrary to law or any applicable code of conduct;

ii)             in any manner which constitutes a violation or infringement of any duty or obligation on contract or tort or otherwise, to any third party; or

iii)            in, or in relation to, the commission of an offence against any applicable law.

  1. The Customer is responsible for all usage charges in respect of the use of the services whether or not such usage was authorized by the customer as it is the Customer’s responsibility to maintain the security of the means of access to the Services and ensure unauthorized use does not occur. Information about security tools is available on the MyNetFone website.
  2. MyNetFone does not accept any responsibility for call charges as a result of customer’s privately maintained PBX or Asterisk based phone system being compromised. The customer is solely responsible for the security of the phone system and hardware to prevent PBX hacking or Toll Fraud.
  3. Other than as specifically provided in this Agreement and quotation, My Net Fone Australia Pty Ltd shall not be obliged to maintain or upgrade hardware or software to the customer  
  4. MyNetFone will pass all third party suppliers’ hardware, software and service warranties to the Customer.

Service Level

i)              MyNetFone will use reasonable endeavours to the service levels and will undertake to provide the service using all the reasonable skill and care of a competent carriage service provider;

ii)             Performance targets

  1. MyNetFone guarantees 99.9% network availability
  2. MyNetFone targets 85% of your support calls within 60 seconds
  3. MyNetFone guarantees 99.9% availability of customer equipment that is under a MyNetFone maintenance agreement.

Availability means a measurement of the percentage of the voice service is operative.

iii)            When network availability is compromised in excess of one hour during a calendar month is identified, the customer may receive a Service Rebate for the downtime

iv)           Where you report faults with the service, we will promptly perform, or arrange to be performed, appropriate tests to determine the location and cause of any fault. You must provide all necessary assistance to enable location and repair of any fault which is our responsibility or the responsibility of an outside supplier whose the network MyNetFone is interconnected to;

v)            Where we determine, acting reasonably, that there is a fault within the MyNetFone service, we are responsible for correcting the fault;

vi)           We resell broadband links from other providers. The service level is in accordance with the Service Level Agreement provided by the respective providers.

vii)          The performance of the broadband links provided is subject to the quality and conditions of the physical lines and the distance from the local exchange

viii)         We are responsible for the network performance up to the point of demarcation. The service level and quality beyond the demarcation point is the responsibility of the customer

ix)           We provide free technical support remotely during business hours between 8.30 to 6 pm, Monday to Friday (excluding public holidays) AEST for the part of the network service that we provide, and do not provide support for any part that is not supplied by MyNetFone.

x)            For after-hours and weekend support, MyNetFone charges an after-hour support fee per request as stated on MNF website, and undertakes to respond back to the customer within an hour. The time taken to resolve the problems/faults may take longer than this.

xi)           There will be a fee charged for on-site technical support by MyNetFone staff. The fee must be agreed before MyNetFone staff go on-site.

xii)          We are not responsible for any fault which is within the network of any interconnected other supplier. We will notify that other supplier of the fault and request that the fault be corrected promptly but will bear no further liability or responsibility. 

xiii)         The following exclusions are applicable

  1. Unavailability due to customer environmental issues such as lack of air-conditioning and power brown-out or outage at the Customer site will not be accepted
  2. Unavailability due to excessive traffic as a result of activity such as spamming, virus attacks and denial of service will not be accepted
  3. Major cable cuts, acts of god, war, Government directions and strikes and lock-outs are excluded from the service level targets

xiv)         Where payments to MyNetFone for equipment and/or services are overdue the Customer will not be entitled to claim a rebate for network unavailability.

Service Order Cancellation

My Net Fone will refund the customer premises equipment only if customer cancels the service within 21 calendar days of customer’s purchase order date. The refund is subject to the following conditions:

-       the equipment has been purchased directly from My Net Fone with proof of purchase,

-       the equipment has not been damaged or tampered with in any form,

-       the original packaging remains intact,

-       customer pays a restocking fee of 20% of the equipment value, and

-       customer pays for the freight of the equipment to My Net Fone Sydney office.

One off set-up and other charges are not refundable. Other rights to cancel the service are set out in the General Terms and Conditions.

Service Re-location

i)      Customer is liable for fees & charges payable in relocating its MyNetFone VoIP and/or broadband Internet services to another location required by customer.

ii)     Customer is solely responsible for any materials and labour manhours which may be required to effect the re-location.

iii)    Customer’s service agreement with MyNetFone shall re-start with the same period as before the re-location.

iv)   Should broadband service not be available in the new location for whatever reasons, customer is liable to pay a cancellation fee.

Billing

i)              We will endeavour to invoice you monthly but reserve the right to bill at different intervals. We will provide you with a breakdown of the fees and charges payable in each invoice. Our records will be conclusive evidence of usage of the service and the charges payable by you. Notwithstanding this, you may dispute an invoice you reasonably believe that you are not liable to pay the charges because of an inaccuracy, omission or error in the invoice.;

ii)             We will invoice for, and you will be liable for all charges in respect of the service commencing on and from the service start date;

iii)            Unless otherwise expressly stated in the Agreement, we will bill you

  1. in advance for installation and recurring charges; and
  2. in arrears for usage based charges

iv)           Processing and verification procedures (including delays in receipt of billing information) may mean that not all charges during the period covered by a bill can be included in that bill. We may include those charges in subsequent bills;

v)            We reserve the right to re-issue any bill if any error is subsequently discovered;

vi)           You are liable for all charges  including but not limited to those incurred because of unauthorised use of the service (because you are responsible for keeping secure your equipment and associated systems) or if you allow another person to occupy your premises or use the service.

vii)          Invoices shall be deemed to have been received by customer on the day the invoice is emailed to customer

Billing Dispute

i)      In the event that customer disputes part or whole amount of any invoice, customer shall notice MyNetFone in writing ( via email or letter) setting out the objection to the disputed amount within seven (7) working days in receipt of the said invoice. Such notice shall contain the following information:

(a)          date and number of disputed invoice;

(b)       amount in dispute;

(c)        reason for dispute; and

(d)       supporting documentation as appropriate

ii)     MyNetFone shall use reasonable endeavours to resolve the dispute within thirty (30) days of receipt of the Notice.

iii)    Customer shall pay the undisputed portion of the amount due in the invoice and may withhold the payment of the disputed portion until the time the amount is determined. Upon determination, if MyNetFone proves the disputed portion correct, customer shall pay the amount due. However, if the customer is proven correct, MyNetFone will then issue a credit note to the customer.

iv)   If the customer is not satisfied with the outcome of the billing dispute, the customer may lodge a complaint through MyNetFone’s Complaint Handling Process if applicable. If the Complaint Handling Process does not apply, in the absence of resolution of the dispute within sixty (60) days, MyNetFone and customer shall mutually agree on and appoint a single arbitrator to resolve the dispute. The decision made by the arbitrator shall be final and binding upon both Parties

v)    Customer shall not be excused from its obligations to pay MyNetFone for the Services invoiced based on a claim that fraudulent calls comprise, or may comprise, a portion of the invoiced Services. In no case shall fraudulent calls form the basis for disputing an invoice pursuant to this Terms and Conditions.

Payment

i)              Where a minimum monthly fee is specified and agreed in the application for service, that amount will apply even if you have incurred lower usage or no usage in that calendar month;

ii)             You must pay all fees and charges by due date that are not in dispute.

iii)            If you fail to pay the charges by the due date set out in the bill or as reasonably notified by MyNetFone to maintain your account below any agreed credit limit, MyNetFone may:

  • withdraw any discounts in connection with the Service and suspend or cancel the Service as permitted under the agreement;
  • charge you interest on any undisputed overdue amount from the due date until the date payment is received, at the Reserve Bank of Australia Cash Rate calculated daily on the unpaid balance;
  • exercise a general lien over all property or goods owned by you which are in MyNetFone’s possession until any outstanding charges have been paid in full; and
  • charge you My Net Fone’s reasonable costs of recovering payment for outstanding charges, including, without limitation, reasonable debt recovery agent costs and legal costs

iv)           If your direct debit or credit or charge card or other payment is dishonoured by the bank, we can charge you a dishonour fee.

v)            The charges for the service do not include any amount on account of tax. If any tax is payable by us in relation to, or on any supply under or in connection with, this Standard Agreement, we will increase the charges or charge you an additional amount on account of the tax. These will be your responsibility and will be itemised on your bill or an adjustment note;

vi)           You acknowledge and agree that we may at our discretion pay commissions to any of our agents, representatives or retailers who introduce you to us.

Payment by Credit Card

i)              You may authorize us to use your credit card to make

-       a one off payment for goods and services,

-       regular, automatic payments of invoices on due date, and

-       automatic top-up payments from time to time to keep the outstanding amount below the credit limit

ii)             You must sign a “Credit Card Authorisation Form” to authorise us for making payments by credit card.

iii)            You must inform us immediately if you change credit card or if the card is stolen or if you know the card is being used fraudulently 

Credit Check

We will conduct credit check on you and your company based on the financial statements and trade references provided by you. We rely on you to provide accurate and up-to-date information for us and our credit agency to make proper assessment.  

Security Deposit

We may request you to provide a security deposit at least equal to your estimated monthly liability with us. We may review the sufficiency of the security deposit from time to time and may increase the amount required by notice in writing to you. The security deposit may be in one of the following forms:

i)              cash to be held by us; or 

ii)             a bank guarantee in a form acceptable to us.

Credit Limit

MyNetFone will advise you the credit limit that applies to the operation of the service. Notwithstanding any other term in the contract, if any time the unpaid charges for the service, whether invoiced or not, exceed the credit limit, MyNetFone will immediately notify you to reduce the unpaid charges to an amount less than the credit limit.

Personal and Credit Information

i)              You authorise us to collect, use and disclose personal information about you and your company for the primary purpose of the supply of the service to you. If you do not provide all the personal information we request from you, we may be unable to supply the service to you or we may be restricted in the way we supply that service to you;

ii)             You authorise us to collect, use and disclose personal information about you for purposes including the following:

(a)   assessing creditworthiness

(b)  all purposes associated with provision of the service to you including billing and account management;

(c)   to provide you with information about products and services which we, or any of our partners or affiliates, may provide to you;

(d)  implementing this Standard Agreement;

(e)  business planning and product development; and

(f)    complying with legal requirements.

iii)            You acknowledge and agree that in certain circumstances, we may be permitted or required by applicable laws to use or disclose personal information about you. Such use and disclosure may include:

(a)   disclosures to law enforcement agencies or purposes relating to the enforcement of criminal and other laws;

(b)  uses or disclosures in accordance with court orders or if required or authorised by law;

(c)   uses or disclosures to lessen or prevent serious threats to an individual’s life, health or safety or to public health or safety; or

(d)  uses to assist in internal investigations conducted by us into suspected fraud, misuse of the service or other unlawful activities.

iv)           We will provide you with access to any of your personal information held by us, at your request. We reserve the right to charge a reasonable fee for the provision of this information. We agree to correct or amend any of your personal information held by us which inaccurate or out of date, at your written request;

v)            We will handle your personal information in accordance with the requirements of relevant laws and industry standards;

vi)           We may at any time in our absolute discretion:

(a)   intercept the service or the data being transmitted over the service for the purpose of complying with our obligations at law; and

(b)  monitor the use of the service.

vii)          Subject to the obligations under the Privacy Act, we may give the information to credit agency to obtain a consumer credit or commercial credit report about you or to allow the credit reporting agency to create or maintain a credit information file about you. You agree that we may disclose a credit report about you to any credit provider, debt collecting agency or any other supplier for the purposes of assessing your creditworthiness or to collect overdue payments.

viii)         You authorise us to see from or give to:

(a)   other credit providers;

(b)  other carriage service providers;

(c)   credit reporting agencies;

(d)  other suppliers or

(e)  any other person or body carrying on the business or undertaking involving the provision of information about commercial credit worthiness.

information about your commercial activities, your creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act or for purposes permitted under the Act.

ix)           You authorise us to obtain and use your personal information for the purposes of:

(a)   assessing and processing your application for service

(b)  assessing any application by you for credit or commercial credit to be provided by us; and

(c)   establishing your account and the ongoing credit management of your account, including collecting payments that are overdue in respect of any credit or commercial credit provided by us.

x)            You must also provide to us, or any independent person nominated by us, within 10 business days of our request, any information(including your financial accounts) or any consent you are capable of giving, which is necessary for a person to comply with any request from us to conform your creditworthiness.

xi)           We may:

(a)   refuse any application for;

(b)  monitor the usage of;

(c)   restrict your access to;

(d)  suspend; or

(e)  cancel,

the service on the basis of our credit assessment of you after consultation with you to confirm the accuracy of the assessment.

Non-Disclosure & Confidentiality

MyNetFone and the Customer shall only use and hold confidential information using the same degree of care as it normally exercises to protect its own proprietary information, but not less than reasonable care, taking into account the nature of the information, and shall disclose the information only to its employees who have a need to know, shall cause its employees to comply with the provisions of this agreement, and shall prevent disclosure of informa­tion to third parties except as compelled by law. Confidential information includes but is not limited to information relating to MyNetFone service and the Customer’s company information which is not disclosed in brochures or other promotional materials available in the public domain.

Disputes 

i)              The customer may lodge a complaint through MyNetFone’s Complaint Handling Process if the process applies to the customer.

ii)             If the Complaint Handling Process does not apply to the customer, the process set out below will apply:

  • the parties will use their reasonable endeavours acting in good faith to resolve any dispute arising under this Agreement as soon as reasonably possible. Any dispute except for a dispute over non-payment of properly invoiced charges that cannot be resolved by the parties within a reasonable time will be referred to the Heads of each party who will resolve the issue through good faith negotiation. If the parties are sill unable to resolve the dispute after a period of 5 business days, if the parties agree at an earlier stage, the dispute shall be referred to a mediator.
  • The mediators will have appropriate qualifications and practical industry experience to resolve the particular dispute and such appointment shall be agreed by the parties within 3 business days of the decision to refer the matter to a mediator. In the event of a failure to agree on a mediator, a mediator will be appointed by the President of the Law Society of NSW on the application of either party.
  • The parties will provide the mediator within seven business days with all the information relating to the particular dispute under such confidentiality obligations as reasonable under all the circumstances.
  • The mediator shall be instructed by the parties to use all reasonable endeavours to resolve the dispute within 10 business days following receipt of the information or if this is not possible, so soon thereafter as may be reasonably practical and the parties shall co-operate fully with the mediator to achieve this objective.
  • The fees and expenses of the mediator will be borne equally by the parties.

 Last update: 12 April 2013

Terms and Conditions are © Copyright MyNetFone Limited 2005-2013