This is a summary of the Internode Standard Form of Agreement ("SFOA") for:
provided to you by Internode Pty Ltd ABN 82 052 008 581 trading as Internode of Level 3, 150 Grenfell Street, Adelaide, South Australia 5000 (in this summary referred to as "our", "we", "us" or "Internode").
This summary is for informational purposes only, it is the SFOA which has legal effect. Copies of the complete SFOA are available on the Internode website www.internode.on.net. Up to date copies of this summary are available from Internode on request.
Please note that any term not defined in this Summary is defined in the complete SFOA.
You may apply for a Service by any method approved by us. We may accept your application in our absolute discretion. If your application is accepted, or, if applicable, on execution of the SFOA by us and you, an Agreement between us and you commences on the Service Commencement Date for the first Service you acquire from us and will continue until the expiration or termination of the Term for the last Service you acquire from us (unless terminated earlier as per the SFOA).
We undertake that:
You acknowledge and agree that:
If you order Goods from us the warranty provisions in Clause 7 of the SFOA will apply.
We will provide you with any access information required to use the Services that we deem reasonably necessary (if any). You must maintain the secrecy and confidentiality of all such access information and notify us immediately if your username and password are lost (or you think someone else is using them). You will be liable for all Charges resulting from use of the Services accessed through your access information.
We may terminate the Agreement immediately by notice in writing if:
Otherwise, if there is no contract term specified in your Application or the relevant Service Schedule (or such contract term has expired), we may terminate the Agreement for any reason on 30 days' notice in writing to you (unless the applicable Service Schedule specifies a longer notice), in which case we will provide you with a refund in respect of the Supplies for which you have paid in advance but which have not been supplied by us, calculated at the applicable monthly rate.
You may elect to terminate a Service at any time by notice in writing to our accounts department subject to the following:
If you validly terminate the Agreement as a result of our breach, Early Termination Charges are not payable and your remedies will be limited to the extent permissible under the Competition and Consumer Act 2010, as detailed in clause 21 of the SFOA.
If the Agreement is terminated otherwise than for our breach, we may:
When requesting a change to your Supplies (whether upgrading, downgrading, cancellation, or otherwise), you must provide this request online, by telephone or in writing. The request will be processed and actioned on the earliest date that is reasonably possible, having regard to when it will be technically and operationally feasible for us to action it. In most cases, changes to ongoing supplies will be effective at the next Supply Rollover Date although we cannot guarantee this.
We may at any time in our discretion change the SFOA or available service plans and/or available features for the Service. However, we will not make a variation that could reasonably be expected to adversely affect you without including a notice with your next invoice or sending a separate notice to you, giving details of the effect of the variation, at least 3 business days before it takes effect together with an option to terminate (unless the change is required by law).
You must report the details of a suspected Fault by telephoning the Internode Help Desk as soon as possible after you become aware of the suspected Fault. You may report a suspected Fault to us 24 hours per day. However, if you report a fault outside the Hours of Coverage for Response, the Response Time will not commence until the beginning of the Hours of Coverage for Response.
When reporting a suspected Fault to us, you must provide us with:
We will analyse the cause of the suspected Fault and determine if the suspected Fault is in fact a Fault. We may be unable to provide Fault restoration under the Agreement where the Fault is in a network not owned or maintained by Internode. Where a Fault report is lodged, we will undertake Fault restoration work during the Hours of Coverage for Restoration for the Service. If you wish to escalate the Fault, you must contact Internode explaining the outstanding issue. If the escalation does not result in the restoration of the Service, you should contact Internode and report this escalation failure.
Our availability guarantee and remedy (applicable to certain service types only) is set out in clause 13 of the SFOA.
Our refund policies in regards to the Goods, Services or the Other Services is set out in clauses 7 and 23 of the SFOA.
We offer different fee structures for the provision of the Supplies and you are liable for the fees and charges applicable to any Supplies you acquire, as specified on our Website or in each Application, Service Schedule and/or Service Arrangement and Agreement Addendum (as applicable), as varied in accordance with the SFOA. Current fees and charges may be viewed on the Internode website at www.internode.on.net or obtained from Internode.
If you acquire ongoing Services from us, an invoice/statement notification will be delivered via electronic mail, postal mail, or fax at regular intervals as provided in your Application, Service Schedule, or Service Arrangement and Agreement Addendum. We may charge you a processing fee for invoices delivered to you by postal mail or fax. An invoice presented by us shall be deemed to be a correct statement of all Charges contained in that invoice. However, if you wish to query any item you have been charged for, we request you do so promptly.
If you acquire any Other Services from us that are supplied on an ongoing basis, we may require that you pay for those Other Services periodically or in full prior to supplying those Other Services to you. Each Application, Service Schedule, or Service Arrangement and Agreement Addendum will set out the payment requirements for the Other Services.
All Charges (unless otherwise provided for in the Agreement), except any Charges for excess usage or specified non Internet or telecommunications services, are payable in advance and must be paid prior to supply and prior to each Anniversary Date (as applicable).
All accounts must be paid by the due date specified on the invoice/statement. Any account that is outstanding beyond the due date is in default, and an overdue notice will be issued. If payments are not received by the date specified on the overdue notice, we will be entitled to recover any Goods supplied for which payment has not been made in full (if we did not require advance payment for those Goods) and/or may suspend your access to the Services and/or the Other Services until all outstanding monies are paid in full and may also terminate this Agreement. We may charge you an additional fee for any subsequent re-connection to the Services or resupply of the Goods and/or require you to pay us interest on any monies owing to us at a rate equivalent to the prime rate charged for bank overdrafts by our current bankers at that time. We may suspend the Service for any of the reasons set out in clause 15 of the SFOA. Charges may apply during this time or on re-connection of the Service. You are responsible for any collection fees incurred by us for the collection of outstanding monies owed by you to us under the Agreement.
The amounts payable by you to us under this Agreement include GST. If the rate of GST changes, we may adjust the amounts payable from the date of that change.
Internode’s goods and services are subject to certain guarantees that (in most circumstances) cannot be excluded under the Australian Consumer Law. We do not exclude or limit the application of any statute if this would contravene that statute or cause any part of this clause to be void. Where permitted by law, we exclude all consumer guarantees, all liability to you for consequential or indirect damages, and all liability for loss caused by our negligence. Where permitted by law, Our liability to you for breaching any express provision of the Agreement is limited at our option to one of supplying, replacing or repairing the Goods or supplying again the Services or Other Services in respect of which the breach occurred. We make no express warranties to you except those expressly set out in the Agreement.
You acknowledge that we will cooperate with law enforcement agencies and other service providers to prevent unacceptable/unlawful behaviour and may implement automated mechanisms for this purpose including without limitation removing any content or closing or suspending your account.
The Customer Service Guarantee under Part 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 prescribes mandatory performance standards for certain telecommunications services. Where no waiver or other lawful arrangement) has been agreed between Internode and you, Internode will comply with such standards to the extent that they apply to the Services offered.
Internode is committed to resolving customer complaints quickly and in a satisfactory manner. If you have a complaint, we request that you refer to our Customer Complaint Handling Procedures located at www.internode.on.net/contact/complaints and contact Internode using the contact details located on the website. If your complaint is not satisfactorily resolved with us, you may either contact the Office of Fair Trading in your state or territory, or as a last resort, the Telecommunications Industry Ombudsman.
IF YOU ARE A NON-ENGLISH SPEAKER OR HAVE A DISABILITY, COPIES OF THIS SUMMARY AND THE SFOA ARE AVAILABLE IN SEVERAL OTHER MAJOR LANGUAGES OR IN LARGE PRINT FROM INTERNODE ON REQUEST.
TO CONTACT INTERNODE PLEASE GO TO THE CONTACT DETAILS LOCATED ON OUR WEBSITE AT WWW.INTERNODE.ON.NET OR CONTACT US ON OUR NATION-WIDE NUMBER 13 66 33.