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Terms & Conditions
 Jazmin Standard Form of Agreement Summary - 5 August 2009

This is a summary of Jazmin's Standard Form of Agreement ("SFoA") that complies with Section 479 of the Telecommunications Act 1997 ("the Act").

The SFoA sets out the terms and conditions under which Jazmin Communication Pty Limited ("we", "us", "our") provides plans and services to its customers ("you", "your"). The current version of the SFoA and this summary are available from our website (www.jazmin.net.au).

This is only a summary of the SFoA. It does not fully describe all of your rights and obligations or those of Jazmin. It is provided for your general information. For full details, please refer to the complete SFoA and other documents relevant to your contract.

Some plans or services may have special terms and conditions that are not fully detailed in the SFoA or this summary due to the large number of plans and services we offer.

These terms and conditions were agreed by you when you purchased your plan or service. They reffered to in the application forms, other plan documentation on our website (www.jazmin.net.au) and Jazbox packaging brochure. You are also bound by our Acceptable Use Policy.

Charges
The charges are listed in your service agreement and available on our website (www.jazmin.net.au).

You are responsible for all charges incurred through use of the service.

If you continue to use the service after an expiry date, we may charge you for an additional period of service.

Call prices may change but not without 21 days forward notice. You may check current call pricing at any time by visiting our website (www.jazmin.net.au).

If we increase the overall price of the service (excluding call costs) during an agreed fixed term, you may cancel the service within 42 days with no early termination fee. However, you must still pay any other charges applicable to the period during which you used the service.

Billing and payment
We will invoice you monthly. We may include amounts omitted from previous invoices. You must pay all charges on your account in full and without any set-off or deduction by the date shown on the invoice.

Generally, unused time, data and included call allowances are not cumulative and are not carried forward from one billing period to the next.

You may pay your bill using methods listed your invoice. If you supply your credit card or direct debit details to us, we may debit that account for all charges until you notify us otherwise in writing.

If you do not pay any amount due to us by the due date, we may:

  • terminate, restrict or suspend the service and all other services in your name
  • use an external agency to recover the debt
  • charge you a late payment fee
  • charge you a disconnection fee if we terminate, restrict or suspend the service
  • add our collection costs to the amount that you owe us

We may report a payment default to a credit-reporting agency.

If we suspend or restrict the service due to non-payment, normal charges will continue to accrue while the service is suspended or restricted.

You may check your account usage at any time by visiting our website (www.jazmin.net.au). We are not obliged to notify you of any excessive or unusual use of the service.

Term of contract
The term of the contract specific to your plan or service was agreed with you when you ordered the service.

Termination by you
You may cancel the service at any time by giving us 30 days notice in writing.

You must pay the full balance of the account within 14 days of receiving the final invoice, which may include charges incurred or billed after the date of your cancellation notice and other termination and cancellation charges. We will not pay you a refund for any unused part of the service.

If you cancel the service before the end of an agreed fixed term, an early termination fee will apply. Unless the plan description indicates otherwise, that fee will be the number of months remaining in the agreed fixed term multiplied by the monthly access fee.

Termination by us
If we reasonably believe that you may have breached the SFoA or our Acceptable Use Policy, we may terminate, restrict or suspend the service without notice at our discretion. If we do this, we will not pay you a refund for any unused part of the service.

We may terminate the service at any other time, by giving you 30 days written notice. If we do this, we will give you a pro-rata refund of any access fees that you have paid in advance.

Variations to the Standard Form of Agreement
We may change the SFoA at any time without notice. However, if we believe that any such changes are likely to be to your detriment, we will give you 30 days written notice.

Your rights and remedies
We do not guarantee that the service will meet your requirements. You should conduct your own investigations to determine whether the service is suitable for your needs.

Unless we agree otherwise, we do not warrant that the service is fault-free or that it will be uninterrupted. We may be obliged to carry out repairs in accordance with the statutory Customer Service Guarantee.

To the maximum extent permitted by law, we will not be liable for any losses that you or any other third party may incur, and any statutory liability to you is limited to the maximum extent permissible. You indemnify us against any losses relating to your use of the service. Our liability to you for damages is limited and does not cover some types of damages. are excluded.

Our Complaint Resolution Procedure is available on our website (www.jazmin.net.au). If you have a complaint, please call us on 1300 529 646 or email us at accounts@jazmin.net.au.

If you are dissatisfied with our response to your complaint, you are entitled to refer it to the Telecommunications Industry Ombudsman or to the Office of Fair Trading in your State or Territory.

Equipment supplied by us
If Jazmin provided equipment to you other than by outright sale, it remains our property. You must return the equipment to us promptly at your expense on our request or when the service is terminated. You may be liable to pay us the value of any equipment you do not return. You must insure the equipment against loss or damage.

Privacy

You authorise us and our sub-contractors to contact you regarding anything to do with the service or any other services that we may wish to offer you. You have the right to notify us if you wish to opt out of promotional communications.

General
You must obtain and maintain all telephones, switchboxes and cabling you need to use the service.

© 2009 Jazmin Communications Pty Ltd,  Suite 7, 999 Lower North East Road, Highbury South Australia 5089  ABN 21 134 617 879