Terms and Conditions for EzTel Customers

General Definitions

The following terms apply to all services provided by EzTel Communications Pty Limited (“EzTel”, ABN 53 108 153 180):

  • Services: The communications services (landline or fixed wire services) as specified on the Telecommunications Service Application Form supplied by EzTel or obtained from their website.
  • Charges: Any amount billed to customers by EzTel for the Services.
  • Customer: The customer or any agent or authorised carrier of the customer.
  • Third Party Provider: A service or product provider or carrier who provides services or products to EzTel.
  • Terms: Expressly defined in the Corporations Law or the Telecommunications Act 1997, have the same meaning in these Terms and Conditions as given them in the above Acts.
  • Conditions: These Terms and Conditions of supply:
    • Govern all supply of the services by EzTel;
    • Supersede all prior representations and agreements between the parties about supply of the services;
    • Will not be altered by any Customer document or statement; and
    • May only be altered in writing signed by EzTel.

Services

EzTel is committed to providing reliable communications services under the following terms:

  • Acceptance: The Customer agrees to receive, and EzTel agrees to supply, the Services on the terms and conditions contained in this document and on the Telecommunications Service Application Form.
  • Delivery: EzTel will use reasonable efforts to deliver the Services to the Customer on or before any estimated delivery date, but EzTel does not represent or warrant that it will be able to do so.
  • Price: The Customer must pay for the Services at EzTel’s prices current on the date the services are provided. EzTel reserves the right to change prices at any time without prior notice. If EzTel’s “Local voice call” service is used for a data/internet call, the call will be billed at the standard timed rate for an off-peak, inter-capital city call. Capped calls are provided subject to a reasonable use policy. Such calls must start and finish between the listed time durations or when restricted to a certain call duration (e.g., 30 minutes), as advertised and published from time to time. All such call plans/charges are subject to change and may be withdrawn anytime without prior notice.
  • Disputes: The Customer has 30 days from the date of receipt of their EzTel statement to dispute any charges. All disputes must be submitted in writing to EzTel Communications, P.O. Box 960, Hurstville, NSW 1481.

Payment Methods

EzTel offers flexible payment options to ensure a smooth billing process:

  • By Credit Card: If paying by credit card, the Charges will be charged to the Customer’s credit card after the provision of the relevant Service. A monthly statement will be issued by way of record only.
  • Other: If not paying by credit card, the Customer must pay the Charges within 14 days of the date the monthly statement is received on which those Charges first appear. EzTel reserves the right to charge a late payment fee as a penalty to cover its costs of collecting outstanding dues.
  • Billing: EzTel will bill the Customer for all Services provided. EzTel is not liable for any debt the Customer may have to any other carrier or service provider. Monthly usages of less than $20 will be rolled over without penalty up to 3 months, and no invoice will be produced unless the total usage exceeds $20. If after three months the usage is still less than $20, an invoice will be generated with a low usage surcharge of $5.50. The total invoiced amount, including the low usage surcharge, will not exceed $20 but will be rounded off to the $20 threshold.
  • Late Payments: Failure by the Customer to pay for the Services on the date due, after a notice of termination has been sent by EzTel, is a serious breach of these terms and conditions and may result in termination of the Services by EzTel. The Customer may also be liable for all legal costs associated with recovering any outstanding payments.
  • Credit Checking: EzTel provides a service on credit and, prior to any payment, the Customer agrees that EzTel may give details about the Customer to a credit-reporting agency (under Section E (8)(c) Privacy Act 1988) in order to obtain a credit report (under Sections 18L(4) and 18K(1)(b) of the Privacy Act 1988).

Exclusions and Limitations

EzTel outlines the following exclusions and limitations to clarify the scope of our services:

  • EzTel excludes all terms, conditions, and warranties implied under any statute except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this clause to be void (non-excludable condition). EzTel’s liability to the Customer for breach of any express provision of this agreement or non-excludable condition is limited, at EzTel’s option, to the cost of supplying or resupplying Services. Nothing in these Terms and Conditions limits EzTel’s liability to a consumer (as defined in the Trade Practices Act 1974) of goods and services of a kind ordinarily acquired for personal, domestic, or household use or consumption.
  • EzTel will make every reasonable effort to provide the Service in a continuous and uninterrupted manner in accordance with generally applicable industry standards but gives no warranty in that regard. The Customer specifically acknowledges that EzTel relies in part upon services supplied by other Service Providers and cannot exercise control over the supply of those services.
  • EzTel’s obligation to provide the services in accordance with these Terms and Conditions will be suspended for the duration of any delay arising out of anything outside EzTel’s reasonable control.
  • Customer Default: If:
    • the Customer fails to pay when due any of the amounts due to EzTel;
    • any step is taken to enter into an arrangement between the Customer and its creditors;
    • the Customer ceases to carry on business or to be able to pay its debts as they become due; or
    • any step is taken to appoint a receiver, a manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administrator, or other like person of or to the whole or any part of the Customer’s assets or business – EzTel may do any or all of the following (in addition to any other rights EzTel may have):
      • terminate this Agreement;
      • require the Customer to pay immediately all amounts invoiced but unpaid;
      • in respect of Services ordered but not delivered, require the Customer to pay in advance of or on delivery;
      • suspend or cease supplying the Services to the Customer (whether or not the Customer has ordered the Services that have not yet been supplied);
      • register the debt with a credit reporting agency;
      • forward debtor details to a collection agency; the debtor shall be liable to pay all fees/charges associated with this collection, which will be in addition to any outstanding debt.
  • The Customer acknowledges that:
    • EzTel and any Third Party Provider may make all necessary changes to their systems to facilitate resupply of the Services by EzTel;
    • in the event of default by EzTel in its payment relationship with any Third Party Provider, the Customer may be called upon for payment for the Services resupplied by EzTel on behalf of the Third Party Provider;
    • if the services are terminated and a Third Party Provider agrees to arrange supply of the services to the Customer that:
      • the Third Party Provider may not be able to make those arrangements immediately;
      • once the Third Party Provider makes those arrangements, any carriage services required by the Customer will be supplied on the then current retail terms and conditions of the Third Party Provider, and the Third Party Provider will bill the Customer accordingly; and
      • any liability a Third Party Provider may have to the Customer in relation to the Services is governed by the terms and conditions current from time to time on which the Third Party Provider supplies its services to its own retail customers.
  • The Customer consents to:
    • EzTel and any Third Party Provider exchanging between them the details of the Customer, including but not limited to full name, billing address, street address, telephone numbers, and whether the telephone numbers are silent or not;
    • the Third Party Provider or its related corporations using those details for the Customer;
    • EzTel and a Third Party Provider exchanging information about the Customer’s personal credit, commercial activities, or commercial worthiness.

Governing Law

These Terms and Conditions are governed by the laws applicable in the State of New South Wales, and each party submits to the jurisdiction of the Courts of that State.