Term and Conditions

General Information about Bellcrest Telecom Data Plans

  1. Any data usage in excess of the prescribed limit will result in separate fees. See relevant Data Product Service Schedule

(i) are in cents per minute;

(ii) are calculated per second;

(iii) are in Australian Dollars and

(iv) are quoted in cents exclusive of GST.

  1. The monthly Recurring Change applicable to the PSTN Voice Plan selected will:

(i) cover the call types and usage that are denoted above as “included”;

(ii) for call types and usage that are donated as included but have a specific included dollar value or rate, include those call types and usage up to that value or charged at that rate;

(iii)  apply each month, irrespective of whether the service is used in that month and any unused credit for included call types is forfeited at the end of each month;

(iv) be charged in advance on a monthly pro-rate basis.

  1. How calls will be charged:

(i) Call types that are fully included (ie “Included” )will be charged at $0.00.

(ii) Call types that are partially included(ie”$ x Included”)will be charged as follows:

(a) Calls to national mobile:$0.12/minute.

(b) International Calls: at rates set out in clause 6.

  1. All Services that are not denoted as ” Included ” are excluded from the Monthly Recurring Charge(“Excluded Services”),including but not limited to:

(i) calls made in excess of any included specified dollar value;

(ii) data calls of any type; and

(iii) any Service use in breach of the Fair Use Policy.

You must pay the Charge for all Excluded Services.

General Information about Bellcrest Telecom data and Services

  1. Bellcrest Telecom reserves the right to terminate a Data Plan in the event of non-payment  or overdue payment for services provided

The Authorized signatory of this account, will be notified by both email and general mail of the intended disconnection or suspension of the services.

  1. Early termination by the customer will result in liability to the customer equaling the value of all Monthly Recurring Charges payable for the remainder of the minimum term.
  2. Late Payment of $44.00 inc.gst. will be charged for any account that is overdue by a period of 2 or more business days.
  3. Bellcrest Telecom Data Services are subject to the Bellcrest Telecom Fair Use Policy and Acceptable Use terms.
  4. Bellcrest Telecom provides the contract term of either 24 months or 36 months duration.
  5. All customers will be set up on either a Direct or Credit Card Payment Plan.

 

General Information about PSTN Voice Plans

  1. Unless otherwise indicated, all Charged :

(i) are in cents per minute;

(ii) are calculated per second;

(iii) are in Australian Dollars ;and

(iv) are quoted in cents exclusive of GST.

  1. The monthly Recurring Change applicable to the PSTN Voice Plan selected will:

(i) cover the call types and usage that are denoted above as “included”;

(ii) for call types and usage that are donated as included but have a specific included dollar value or rate,include those call types and usage up to that value or charged at that rate;

(iii) apply each month, irrespective of whether the service is used in that month and any unused credit for included call types is forfeited at the end of each month;

(iv) be charged in advance on a monthly pro-rate basis.

  1. How calls will be charged:

(i) Call types that are fully included (ie”Included” )will be charged at $0.00.

(ii) Call types that are partially included(ie”$ x Included”)will be charged as follows:

(a) Calls to national mobile:$0.12/minute.

(b) International Calls: at rates set out in clause 6.

  1. All Services that are not denoted as ” Included ” are excluded from the Monthly Recurring Charge(“Excluded Services”),including but not limited to:

(i) calls made in excess of any included specified dollar value;

(ii) data calls of any type; and

(iii) any Service use in breach of the Fair Use Policy.

You must pay the Charge for all Excluded Services.

General Information about PSTN Voice Services

  1. PSTN Voice Services are subject to the Bellcrest Telecom Fair Use Policy and Acceptable Use terms.
  2. Bellcrest Telecom provides the contract term of either 24 months or  36 months duration.
  3. All customers will be set up on either a Direct or Credit Card Payment Plan.
  4. Bellcrest Telecom reserves the right to terminate a PSTN Voice Plan in the event of non-payment or on overdue accounts for services provided. The Authorized signatory of this account,will be notified by both email and general mail of the intended disconnection or suspension of the services.
  5. A late Payment Fee of $44.00 inc. gst will be charged for any account that is overdue by a period of 2 or more business days.
  6. Early termination by the customer will result in liability to customer equaling the value of all Monthly Recurring Charges payable for the remainder of the minimum term.

General Information about SIP Voice Plans

  1. Unless otherwise indicated, all Charged:

(i) are in cents per minute;

(ii) are calculated per second;

(iii) are in Australian Dollars; and

(iv) are quoted in cents exclusive of GST.

  1. The monthly Recurring Change applicable to the SIP Voice Plan selected will:

(i) cover the call types and usage that are denoted above as “included”;

(ii) apply each month, irrespective of whether the service is Used in that month and any unused credit for included call types is forfeited at the end of each month; and

(iii) be charged in advance on a monthly pro-rate basis.

  1. All Services that are not denoted as ” Included ” are excluded from the Monthly Recurring Charge(“Excluded Services”),including but not limited to:

(i) calls made in excess of any included specified dollar value;

(ii) data calls of any type; Which are charged at the rate outlined in this Price Book ; and

(iii) any Service use in breach of the Fair Use Policy.

(iv) Underlying Ethernet access for SIP or ISDN Channel

You must pay the Charge for all Excluded Services.

General Information about SIP Voice Services

  1. SIP Voice Services are subject to the Bellcrest Telecom Fair Use Policy and Acceptable Use terms.
  2. Bellcrest Telecom provides the contract term of 24 Months or 36 months duration.
  3. All customers will be set up on either a Direct or Credit Card Payment Plan.
  4. Bellcrest Telecom reserves the right to terminate a SIP Trunk  Plan in the event of non-payment or on overdue accounts for services provided . The Authorized signatory of this account ,will  be notified by both email and general mail of the intended disconnection or suspension of the services.
  5. A late Payment Fee of $44.00 inc.gst will be charged for any account that is overdue by a period of 2 or more business days.
  6. Early terminationby the customer will result in liability to customer equaling the value of all Monthly Recurring Charges payable for the remainder of the minimum term.

Early Termination Fees (effective from January 2nd, 2018)

 YOUR RIGHTS TO CANCEL OR SUSPEND YOUR SERVICE

Choosing to cancel your service

As a client of ours, you can cancel your service at any time by notifying us in writing at least 30 days beforehand.  However, if you cancel your service before the end of any fixed length contract, we will charge you any applicable early termination charges. The amount of the early termination charge is set out in the application form you used to apply for your service or was disclosed to you when you applied for your service. The Early Termination charge (ETF) is calculated, by the number of months and day still the expiration of your contract and multiplied by the month payment amount.

If you cancel a service before we have provided it to you, we can charge you any reasonable costs we incurred as a result of preparing to provide this service to you. Reasonable costs include but are not limited to parts specifically ordered on your behalf, staff labor costs to provide this service to you and any other financial liabilities that we may of incurred to establish and provide this service to you.

Material breach by us

You can cancel your service at any time if:

1.1

(a) we are in material breach of Our Customer Terms (for example, because we fail to use reasonable care and skill in providing the service to you); and

(b) you have told us in writing of our material breach and we have failed to remedy it within 14 days of you telling us; or

(c) the breach is something which cannot be remedied (in which case you can terminate the service immediately by telling us).

We will not charge you any applicable early termination charge if you cancel your service because of our material breach.

Your other rights to cancel

You can also cancel your service by telling us with as much warning as you reasonably can if:

1.2

(a) we become bankrupt or insolvent or appear likely to do so;

(b) the law requires you to do so; or

(c) provision of the service becomes illegal.

We will not charge you any early termination charge if you cancel your service in these circumstances.

Refunds of prepayments

If you cancel your service under this clause, we will refund to you any unused portion of your monthly access charge and any other amount you have prepaid. However, we can deduct from your refund any amounts that you owe to us, such as charges you incurred before the cancellation or any applicable early termination charge.

OUR RIGHTS TO CANCEL OR SUSPEND YOUR SERVICE

Choosing to cancel your service – casual customers

You will be a casual customer if you are acquiring your service on a month by month basis or on a fixed length contract for a minimum term but there is no early termination charge if your service is cancelled before the end of that term.

If you are a casual customer, we can cancel your service at any time, if we:

1.3

(a) get your consent; or

(b) tell you a reasonable period (but at least 30 days) beforehand or;

(c) transfer you to a reasonably comparable alternative service.

Choosing to cancel your service – fixed term customers

If you are a fixed term customer, we can cancel your service before the end of your fixed length contract at any time if:

(a) we get your consent to do so; or

(b) we take reasonable steps to appropriately offset the effect of the cancellation on you (for example, by providing a credit or rebate to you); or

(c) we transfer you to a reasonably comparable alternative service for the remainder of your fixed length contract; or

(d) we offer to transfer you to an alternative service for the remainder of your fixed length contract and take reasonable steps to offset any material detrimental effects of the transfer caused by any material differences between the cancelled service and the alternative service we offer.

If we cancel your service in this way, we will not charge you any early termination charge.

If you’re a fixed term customer at the date on which we’re required to disconnect your service as part of the migration to the NBN, we will terminate your service and your access to existing networks. No early termination charge will be charged in these circumstances.

Material breach by you

We can cancel your service at any time if:

1.4

(a) you are in material breach of Our Customer Terms; and

(b) we have told you in writing of your breach and you have failed to remedy it within 14 days of us telling you (or such longer period as we tell you or as set out in another section of Our Customer Terms); or

(c) the breach is something which cannot be remedied (in which case we can cancel the service immediately by telling you).

1.5 You will be in material breach of Our Customer Terms if you:

(a) breach your obligation to pay our charges for your service;

(b) use your service in a way which we reasonably believe is fraudulent, poses an unacceptable risk to our security or network capability or is illegal or likely to be found illegal; or

Using your service this way is also a breach that cannot be remedied.

(c) breach your obligations under the Bellcrest Telecom Fair Use  Policy.

The Bellcrest Telecom Fair Use Policy is set out under https://www.bellcrest-telecom.com.au/fair-use-policy/  We can charge you the applicable early termination charge if you are a fixed term customer and we cancel your service before the end of the fixed term because of your material breach.

Suspension during period before we cancel your service

We can suspend or restrict the provision of your service during the period before we cancel your service because you are in material breach of Our Customer Terms. If you ask us to reconnect your service following your suspension for failing to pay an account, you may have to pay us a reconnection fee. The amount of the reconnection fee is generally the costs to us to perform this task and you will be notified in writing, for your acceptance of this prior to any reconnection. Our other rights to cancel, suspend or restrict your service

1.6 We can cancel, suspend or restrict your service by telling you with as much warning as we reasonably can if:

(a) the law requires us to do so;

(b) providing the service becomes illegal or we believe on reasonable grounds that it may become illegal;

(c) you die;

(d) there is an emergency that affects our ability to provide the service;

(e) we are not able to provide the service to you due to an event outside our reasonable control (such as a failure in equipment that is not owned or operated by us, an industrial strike or an act of God); or

(f) we reasonably believe that providing the service may cause death, personal injury or damage to property.

We will not charge you any applicable early termination charge if we cancel your service for one of these reasons.

1.7 We can also cancel, suspend or restrict your service by telling you with as much warning as we reasonably can if:

(a) we cannot enter your premises to do something in connection with the service that we need to do in order to supply the service or make the service or related equipment safe;

(b) you become bankrupt or insolvent or appear likely to do so;

(c) an administrator, receiver or scheme administrator is appointed to you, and that administrator, receiver or scheme administrator does not accept personal liability for the ongoing supply of services by us within 3 business days of our request that they do so;

(d) you vacate the premises to which the service is connected;

(e) there is excessive or unusual use of the service; or

(f) we reasonably consider that you pose an unacceptably high credit risk to us.

We consider that you pose an unacceptably high credit risk to us when there is some doubt as to your ability to pay by the due date based on factors such as:

  • previous payment history and payment behaviour (e.g. late payments, dishonoured payments or failure to pay);
  • any previous advice from you about a potential inability or unwillingness to pay;
  • your usage is inconsistently high when compared with previous usage patterns;
  • your response where we have told you of this unusually high usage; or
  • pending bankruptcy or insolvency.

We can charge you any applicable early termination charge if you are a fixed term customer and we cancel your service before the end of the fixed period under the previous clause.

Maintenance and repair work

We can also suspend or restrict your service temporarily if we reasonably believe it is desirable or necessary to do so to maintain or restore any part of  a network used to supply your service. Where possible maintenance and repair is required ,the  work will be attempted to be performed at times that will cause the least inconvenience to our customers. However, where your service is provided on the NBN, we are relying on NBN Co to determine the times for this work and to provide us with information about the NBN. In these circumstances we will try and give you as much warning as we reasonably can. If we have no alternative but to cancel your service due to necessary maintenance or restoration of any part of a network used to provide your service, we will not charge you any early termination charge.

Refund of prepayments

If we cancel your service under this clause, we will refund to you any unused portion of your monthly access charge or minimum monthly spend and any other amount you have prepaid.  However, we can deduct from your refund any amounts that you owe to us (unless these terms say otherwise). For example, we can deduct charges you have incurred before cancellation or any applicable early termination charge.

If you use your Service for business purposes

If we are providing your service to you mainly for your personal use and we reasonably believe that you are using the service mainly for business purposes, we can tell you of this and ask you to move to a suitable business service. If you do not agree to move to a business service, we can cancel your service by telling you 30 days beforehand and charge you any applicable early termination charge.

If you are or become or operate as a “carrier” or “carriage service provider” under the Telecommunications Act 1997, you have to tell us. We can refuse to provide a retail service to you if you tell us or we reasonably believe that you are operating and using retail services as a carrier or carriage service provider. We can also cancel or suspend your retail services by telling you in writing 30 days before we do so. You can enter into a written agreement with us for the supply of wholesale services, if you choose to do so. If we do not exercise a right under this clause fully or at a given time, we can still exercise it later.

We occasionally need your consent to do certain things. We can rely on the authority of any of your employees who tell us they have authority to give your consent,  or have received the authority in writing ,as long as we act reasonably.

If you are a business customer, government customer, charitable organisation or non-profit organisation, you can appoint a third party to act on your behalf in relation to Our Customer Terms if you get our written consent first. We will only withhold our consent (or withdraw our consent if previously given) on reasonable grounds (for example, grounds relating to a breach of the third party’s obligations).

Please contact us by email at service@bellcrest-telecom.com or by mail to PO. Box 193 Watsonia. Vic. 3087 addressed to the Service Manager, Bellcrest Telecom, if you require any further clarification of our Bellcrest Telecom  General Terms and Conditions  – Early Termination Fees.