PHONE terms and conditions
These are the Terms and Conditions upon which we supply our phone services.
In these Terms 'you' and 'your' mean the customer (that’s you). ‘We’, ‘our’ and ‘us’ mean vividwireless Pty Limited.
Our Service means the home phone services specified in the plan (including bundle) that you have chosen.
By using our Services you accept these Terms just the same as if you had signed a piece of paper, and together with the other information about the products and services that you have acquired from us on this website and in other parts of this document, form the Agreement between you and us.
You must be at least 18 years of age to open an account for our Services.
If you breach these Terms in a serious way, we may suspend or terminate your Service.
Remember, our Fair Use Policy applies to our phone plans and our Acceptable Use Policy (AUP) applies to our data plans. We may suspend or terminate your phone or data Service if you breach either of them.
The Terms and Conditions of the data plan that you have signed up to also apply to your data service. Please read them.
If you buy anything from us online you will also be bound by the terms and conditions governing our online shop.
Nature of our services
You have to sign up to a vividwireless data plan and add on a phone plan to use this Service, or sign up to a broadband & phone bundle plan.
Our Service is not a PSTN (Public Switched Telephone Network), which refers a telephone system based on copper wires carrying analogue voice data. There are important differences between a PSTN service and the Voice Over Internet Protocol Service provided by vividwireless.
A voice over Internet Protocol telephone service just means making phone calls over the Internet.
You can use any standard telephone handset; this includes both cordless and corded telephones. You don’t need to buy a new or special phone. Just plug the handset into the phone port on your home gateway.
Our phone plans offer a standard incoming and outgoing call service. The Service provides you with the ability to make local, national, and international calls from the local calling areas of Australia.
Calls can be made to:
- Australian national geographic numbers (calls dialled using an Australian area code);
- Mobile numbers (with a prefix 04); and
- Most international numbers (calls dialled as 0011 + Country Code).
However, we do not guarantee that you will be able to make successful calls to every valid number as we don’t own or operate every part of the networks used to provide these services to you.
Details of each plan that we offer are available on the plans and prices page of our website and in the Service Features and Charges section below. Those details form part of these Terms. If you buy additional features from us that complement the phone Services, they will be subject to the terms and conditions set out where you buy them on our website.
We will provide our Services to you in accordance with these Terms, using reasonable skill and care.
We will make sure that the Services do everything that we say they will do as far as it is reasonably within our power to do so.
We may at any time, and without first telling you or asking for your consent, vary or replace one or all of the features of the Service, or provide additional features to those set out in the Description of Service Features and Charges. However, we will do our best to let you know before we do, and if a variation is likely to have a detrimental impact on the service, and that impact is more than a minor impact, we will make reasonable efforts to notify you of the change. In this instance we will give you the option to terminate the Services without paying any additional fee.
Availability of the services
We endeavour to make our Services available to you within our network coverage area at all times. However availability is sometimes affected by factors outside our control, such as prolonged interruptions to power supplies.
The phone service is not free from faults or interruptions. The Quality of Service (QoS) and each of its features may be subject to congestion, “dropouts” and/or loss of data. Not all features of the Service may be available to you.
We may also need to interrupt our Services occasionally in order to upgrade or maintain them. If we need to interrupt our Services we will:
- Whenever possible conduct maintenance or upgrades between 1.00 am and 5.00 am Western Australian Time and 1.00 am and 5.00 am Eastern Standard Time;
- If possible tell you in advance (on our website), if our Services will be unavailable due to maintenance or another foreseeable reason; and
- Restore disrupted Services as soon as possible.
We use the address information that you provide when you buy from us online or over the phone to check whether you fall within our network coverage area. You should do this in store or elsewhere online before you buy from a retailer.
Unfortunately, like all wireless services we cannot guarantee the availability of our Services in advance, as there may be places within our network coverage area where you cannot receive the Services because of unusual terrain or other environmental or structural circumstances.
However, if the Service is unavailable for reasons of coverage we offer a limited 14 day money back guarantee on our data plan and phone service bundles. The money back guarantee section below details how it works.
triple zero emergency services
You must understand that the triple zero emergency service will not function correctly if you move address or otherwise change the physical location of your vividwireless phone Service without updating your address details.
In the event that you dial triple zero from your vividwireless connection, the service address as advised by you will be displayed to the triple zero emergency services operator. It is your responsibility to notify us of any changes to your service address.
If there is disruption to our network you will not be able to use the Service, including dialling triple zero. If this feature is vitally important to you, you might want to consider keeping your fixed landline. Please also read the "Quality of Service" section below relating to the service limitations.
The Service will not work in the event of power failure, even when calling triple zero emergency services, until power is restored. If this feature is vitally important to you, you might want to consider retaining your fixed landline.
quality of service
It is technically impractical to guarantee that the Service will be free of fault or error, and that there is always sufficient capacity to carry all calls attempted using the Service. We do undertake to provide the Service using the reasonable care and skill of a competent carriage service provider.
Your choice of telephone handset may affect the quality of your call.
While we will do our best to give voice traffic priority over data traffic we do not control anything other than our own network, and except for vividwireless to vividwireless calls, your calls will be carried over networks other than ours. We cannot accept liability for any loss or damage arising from the quality of the Service, suspension of the Service or any faults arising in the Service.
the customer service guarantee does not apply
A key obligation placed upon carriage service providers who supply a standard telephone service is the customer service guarantee (CSG). The CSG is a standard intended to promote service improvement and protection against poor service, and outlines minimum performance requirements for specified services (including enhanced call handling features such as Call waiting).
The standard does not apply to customer equipment or the disconnection of a service.
While we expect to provide you with a service that you will be very satisfied with, the type of service we offer is different from a conventional PSTN service over copper wires. For this reason we ask that you waive your rights under the CSG if you wish to take advantage of our service.
By entering into this agreement you acknowledge that you waive your protection and rights under the CSG in return for significant benefits, including low cost call rates, a 14 day money back guarantee for coverage issues and technical support. Please read the phone service waiver.
You are responsible for ensuring that all calls that you or another person (with or without your consent), initiate on the vividwireless network are terminated. Don’t forget to hang up!
your phone number
The phone numbers used and allocated with our home phone Service are called Geographic Numbers and are controlled by the Australian Communications and Media Authority (ACMA) under its Telecommunications Numbering Plan 1997.
The Numbering Plan stipulates that “a geographic number must not be used except in connection with the supply of a local service” meaning that geographic telephone numbers may only be used from their allocated geographic area. A number will be automatically allocated to you when you sign up for a phone plan, in line with the Telecommunications Numbering Plan.
You will be allocated a 10 digit phone number applicable to your geographical location. If you move interstate, you will need to contact our Sales and Service Centre on 1300 32 78 37 to arrange a transfer.
In the event that your Service is disconnected, the phone number will be quarantined for a certain period and you will no longer have any rights to that number. We reserve the right to alter or replace any phone number as a result of compliance with the National Numbering Plan or with any direction from the ACMA. We will notify you of any numbering change affecting you as soon as practicable.
calling number display (cnd)
If you do not block CND when you make a call using the Service, your telephone number might be sent automatically to the equipment of the person you called. If a person calling you has not blocked CND for calls made from their equipment, their telephone number may be displayed on your handset’s screen (if the handset is technically capable of displaying CND).
You may ask us to bar your vividwireless telephone number at anytime. Barring a service number will prevent you making or receiving voice calls INCLUDING CALLS TO EMERGENCY TRIPLE ZERO NUMBERS.
We will not bar your telephone number if to do so would adversely affect another person's use of the Service. We will remove at your request the bar on your telephone number.
Currently vividwireless is not capable of porting allocated Voice over Internet Protocol (VoIP) numbers. We are working with other carriers on a Number Portability solution. There is no definitive timeframe as to when this service may be available.
If you are issued a geographic telephone number in accordance with the address that you provided (where the Service is to be used), we will attempt to route these calls through the local gateway.
However, once vividwireless has routed the call out to the correct gateway, it is still a matter for the upstream carrier to configure the 1300 Service to allow their switches to correctly route to a termination point.
changing your plan
We want you to enjoy as much flexibility as possible.
You can change your plan to an upgraded plan at any time. However you cannot downgrade your plan within the first month. Apart from that you can change your phone plan at any time, but only once during a billing month. You don't have to wait for the end of your billing month to make a change to your plan.
When you change your phone plan, we will make adjustments to your bill. We will give you a credit to adjust for the phone plan charges already paid for the month under your previous phone plan, and we will apply a charge to adjust for your new phone plan for the rest of the month. Your plan change will take effect from the commencement of the day that you make the change (i.e 12.00am) and all calls made on the day of the change and subsequent calls will be rated according to the new plan.’
Some of our fixed term, broadband & phone bundle or promotional plans may restrict your ability to change/move within plans. You should refer to the additional terms that apply to those plans. Please go to My Account for details on movement within fixed term bundle or promotional plans.
If you buy additional features through our website, and then decide that you don't want them, you will have to pay for them for at least a month - unfortunately we cannot refund the charges for additional features deactivated during a billing period.
acceptable use and fair use
equipment and access
In order to use our phone Service you:
- Need a home gateway device;
- Must select a vividwireless broadband data or broadband & phone bundle plan; and
- Need a standard telephone handset; including cordless and corded telephones.
You can buy the home gateway device from us online, over the phone or from one of our participating retail partners. If you buy a device from another supplier not associated with us, it remains your responsibility to ensure that it is able to be used to access our Services. It almost certainly will not work and we do not recommend it.
Services will only be available once you select a vividwireless data plan and phone plan and sign up. The Terms and Conditions govern the home gateway and our data plans.
Your telephone handset is entirely your responsibility, and we do not offer support for handsets and their functions.
Your ability to use the Service and each of its features may depend upon the features and functionality of your telephone handset.
If you want to replace faulty vividwireless products call the Sales and Service Centre and they will give you instructions for its return. These Terms and Conditions govern the home gateway device and full warranty details are included.
MONEY BACK GUARANTEE
We offer a 14 day money back guarantee (MBG) if you cannot use our service due to poor coverage and/or signal strength.
If, within 14 days of purchase, you plug in your home gateway, USB modem or ViViFi® Wi-Fi hotspot device, sign up to a plan and believe that you cannot receive our service due to poor coverage and/or signal strength please ring our Sales and Service Centre on 1300 32 78 37. We will conduct tests while you are on the phone to determine whether you are able to receive satisfactory coverage and/or signal.
You will only be eligible to receive this MBG if you have made a reasonable attempt to establish a connection and our tests show that you cannot receive satisfactory coverage and/or signal.
To determine the quality of your signal we compare the following values:
The RSSI (also known as the Received Signal Strength Indicator) tells you how strong your signal is. The range should be between -50 to -85, the closer to -50 the better.
CINR (also known as Carrier Interference Noise Ratio) tells you the quality of the signal. The range should be between 10 to 30, the closer to 30 the better.
If you purchased your product online or through our Sales and Service Centre, we will give you a full refund of the purchase price (excluding the delivery fee), any plan charges that you have paid and any additional monthly service charges that you have paid for in advance.
You must return the device or equipment in its original undamaged condition, together with accessories, CDs, cables, anything else included( ideally within the original packaging to prevent any transit damage). We will pay the return costs, but we will not refund your original delivery fee or one-off purchases made after sign-up, such as additional usage.
The refund will be applied to the account that you pay us from. We may process your refund before we receive your returned device. If we do that, and you fail to return your device or equipment within 10 working days, we will issue an invoice for the amount of the refund and charge your account. We will also charge you if, when your returned device is received, we or an independent technical expert finds that the conditions of the guarantee have not been met, for example the device is damaged or some items have not been returned.
If you purchased your home gateway or other device or equipment from a retail store, you must return it to them to receive your refund. You must always talk to our Sales and Service Centre to cancel your plan and organise your refund of any plan charges that you have paid.
Suggestions for USB modem customers
- If you are a USB modem user we may suggest that you try the USB modem booster before you take advantage of the MBG.
- If you do try the USB modem booster within your USB modem MBG period, we will apply a new MBG period of 14 days calculated from the date that you purchased your USB modem booster. If you buy the booster after the USB modem MBG period has expired, a MBG will only apply to the booster.
We reserve the right to limit the number of times that we will accept MBG returns from you. If we consider that our products or services just won't suit you, we will complete your latest return and refund, and advise you that you should seek an alternative Internet service. The MBG does not apply if you simply change your mind early termination fees on fixed term contracts will apply).
We have tried to make our Services compatible with popular software packages and computer configurations. However, we are not responsible for ensuring that our Services, devices or software will be compatible with your computer, other equipment, software or data.
Visit our minimum System Requirements section of products on our website to check compatibility.
your broadband connection
The vividwireless phone Service works on your vividwireless broadband connection. It is important that you understand that the broadband connection can sometimes affect the vividwireless phone Service. We ask that you acknowledge that if your broadband connection is disconnected, your vividwireless phone Service will be unusable. We exclude liability for the termination of your phone Service in these circumstances.
If we shape your broadband connection because, for example, you have used all of your monthly data allowance, your vividwireless phone service will not be affected.
You are responsible for maintaining security on your computer against computer viruses and other possible security problems. We may suspend your phone service without notice if the security of your service has been breached and there is a possibility that this breach may impact or interfere with our network, or any of our other customers in any way.
It is not our responsibility to provide assistance or service continuity if your computer has been affected by a virus or a virus has been introduced to our network from your computer. We may suspend your Service if your computer has a virus which is affecting our network or other customers.
You should not have to make changes to firewalls or other security devices to use our Service, but we do not accept liability for any change or consequence that may occur as a result of any such changes that you make.
We will cooperate with law enforcement agency investigations which may involve disclosure of information in response to legally issued notices. We are also obliged to allow law enforcement agencies to monitor and intercept communications using our Services under certain circumstances.
You are responsible for the use that you make of your device and our Services.
- Keep your home gateway secure against use by other unauthorised parties. You are liable for all changes resulting from use of our home phone Services using your home gateway, whether authorised by you or not;
- Keep confidential all identification and log-in information required to access our Services. You are liable for charges resulting from use of our Services when accessed using your log-in information, whether authorised by you or not;
- Comply with our usage policies in place from time to time (a copy of our Fair Use Policy, which forms part of these terms and conditions, can be found on our website). You must also ensure that any other person you let use our Services also complies with these policies;
- Immediately report any misuse of your account or disclosure of your security data;
- Not resell the Services that we provide to you;
- Not use our Service to operate a business or connect more than five devices to one account (except for broadband & phone bundle plans and the Unlimited plan which have a limit of one device) as we may shape or slow your access to the network suspend or terminate your service. Our wireless broadband services are intended for ordinary domestic use.
- Pay for the Services in full by the due date nominated by us on your bill by direct debit to your credit card or bank account, or any other method offered by us from time to time. This will happen automatically but you must ensure that your credit card or other account details are kept up to date. For example, if your card expires and you receive a replacement with a new expiry date or account number, or you change the account from which direct debits are made, payments may not happen. If you enter incorrect details when you sign up, your service may be suspended while records are updated so that payment can proceed. You will be invoiced for your normal monthly charges while your account is suspended. You must tell us immediately if your card is lost or stolen, and immediately nominate a new credit card for your vividwireless account;
- Ensure that all information you provide to us is correct and current. You must regularly check for emails from us at the email address you nominated as your contact email address when you signed up, as we may send you important notices about the Service using this email address (for example about your usage or planned upgrades or outages);
- Provide your own computer protection, including virus protection and firewalls. We strongly recommend that you install anti-virus and firewall software; and
- Reimburse us for any loss or damage that we suffer if you breach these Terms.
some things are beyond our control
We want to provide you with the best service possible, but some things are beyond our control and we cannot accept responsibility for them.
We are not responsible for any Service failure which happens because:
- Of a fault with anything that we have not supplied to you, like your own telephone handset;
- You do not use our Services correctly;
- You do not setup your home gateway according to our instructions;
- You do not update software that we provide to you;
- You do not let us update software supplied to you; or
- Of anything else outside of our reasonable control, like a flood or bushfire.
Other things that might cause your equipment to fail
We cannot accept responsibility for everything that happens to your home gateway or other devices you have bought or received from us. Specifically, we are not responsible for repairing or replacing a device or other item of equipment if it is defective due to:
- Any abuse, misuse, neglect or mishandling; any accident by you or a third party; any improper maintenance or service, including for example opening the home gateway case by anyone but our authorised technicians, or connection to external antennas that are not approved by us; or any unusual hazards affecting the device, or failure to provide a suitable environment for it (including for example exposure to excessive humidity, heat, cold, dust, food, liquids, magnetic or electromagnetic interference, or incorrect power voltage);
- Electrical supply problems; or
- Natural disasters including for example floods, lightning and fire, acts of terrorism or any other cause beyond our reasonable control.
You can find all of our charges on our website. Please read the details of the charges before you sign up to a plan. We may change these charges from time to time, subject to:
- Any fixed term contract pricing commitments that we make to you , which we will not alter during the term; and
- Our obligations set out in the section headed “Term and Termination” below (relating to notification and your rights of termination).
- Unused usage in any month cannot be carried over to the next month.
If you terminate the Services during a billing period, paid Service charges will not be refunded. You may only end the Services during a billing period without paying any fee if you are not on a fixed term contract.
If you have agreed to take services for a specified contract term (fixed term contract), you must maintain your services until the end of the term or pay any applicable early termination fee, regardless of your reason for leaving us. However you are able to terminate the Homeplus phone plan or Starter phone plan without paying early termination fees if you maintain your data service until the end of the term.
If you are a broadband & phone bundle plan customer on a fixed term contract and would like to move to a data plan only, go to My Account or refer to our FAQs to find out what data plans are available.
The early termination fee will be charged to your account. Your actual termination fee will be calculated as follows: the device RRP at activation + $50 Administration Fee, divided by the total fixed term length of your contract and multiplied by the number of months remaining.
Pre- activation early termination fees are fixed at $50.00 and are imposed strictly to recoup our costs if you cancel before service activation.
You must pay to us the applicable GST payable on the supply of the Services. All charges under these Terms and on our website include GST. Charges on your bill are rounded when GST is applied and may vary a little for that reason. You will never be disadvantaged by this.
PAYMENT, INTEREST AND OTHER CHARGES
You must pay us all the Charges and fees which you incur accessing and using the Service (including GST).
You agree that all Charges incurred by you in using our Service are your responsibility, irrespective of whether you or another person (with or without your consent), used this Service. All monthly chargers are charged in advance and any call charges are charged in arrears.
Processing and verification procedures may mean that not all calls made during the period covered by an invoice can be included in that invoice. We will include those calls in a subsequent invoice. We will calculate your invoice by reference to data that we have recorded or logged. Our records and call-logging procedures will be conclusive evidence of the usage of the Service and the charges payable by you.
If your accumulated call charges for use of the Service are deemed as high usage under the terms of our Fair Use Policy at any time, we may suspend your access to the Service. If you are experiencing financial hardship under the terms of our Financial Hardship Policy we may agree to extend the period allowed for the payment of any outstanding charges.
Every month we will send an email to your nominated email address with a link to your invoice. We do not send paper invoices. If you believe that there is a mistake in your invoice, please ring our Sales and Service Centre as soon as possible and we will investigate.
You must give us accurate credit card or bank account details and keep them up to date.
You agree that we:
- Will invoice you monthly in advance for your phone plan charges and data plan charges until termination, on approximately the same day each month following your commencement of the Services;
- Will automatically charge the invoiced amount to your nominated account on or shortly after the due date specified on your invoice. This invoiced amount will include monthly charges for our Service, call charges in arrears for calls made during the preceding month and charges for anything else that you have bought that month. It will also include any other charges incurred by you in advance of your invoice being issued; and
- Are entitled to charge your account at or after termination for any outstanding fees you may owe us, including any applicable early termination fees or fees for any vividwireless equipment that should have been returned.
If your credit card is declined, a direct debit is dishonoured or we do not receive payment for any other reason we may suspend your access to the Services. We will send you an email telling you that this has happened. If your bank account direct debit is dishonoured we will suspend your service immediately. If your credit card is declined and you have not arranged for payment within the period specified in our notice to you, your service will be suspended. If your account is suspended for this reason, you will be automatically redirected to a special web page which will explain how to have the suspension lifted. Your account will continue to be charged while it is suspended.
If charges continue to remain outstanding for more than 14 days, we may terminate your Services. If we terminate your Services, you will be required to pay all Services charges outstanding at the time of termination. These may include Services chargers for the month for which your payment was not made and the following month. If you are on a plan with a fixed contract term, you will also be required to pay an early termination fee if your termination date is before the end of your agreed contract term. If you revoke authorisation to charge your credit card or direct debit from your bank account, or if for any reason your card issuer or bank does not pay us, you are still required to pay us the invoiced amount on or before the due date, or you will be in default. You must contact us to arrange an alternate payment.
If payments due to be made by you are delayed, we reserve the right to charge interest or a late fee, including administration fees if your direct debit is dishonoured. You will be responsible for any fees that your bank charges you in these circumstances. If you fail to pay on time for two consecutive months, we reserve the right to require you to pay for the remainder of your contract term in advance. If we have to chase you for payment, we will charge your account with any costs we reasonably incur in doing so.
If you choose to pay using an American Express card a surcharge of 2% plus GST will be added to your bill. This surcharge is not refundable.
vividwireless will provide details of the successful calls made by you in the My Account section of our website. Please note that there may be a delay of up to 36 hours after the cessation of a call before it appears listed in your account.
If your phone plan states that there are a specified number of calls per month, in addition to charging you the monthly phone plan fee we will charge you for any calls that you make that month in excess of the included calls applicable to your chosen Plan.
UNUSED INCLUDED CALLS WILL BE FORFEITED EACH MONTH
Only standard calls qualify as complimentary or included calls per month, unless your Plan states that other call types may also qualify.
If in any month you have not made the number or length of calls equal to the included call allowance per month, the balance of the complimentary or included calls per month will not be carried forward to the next month. You will forfeit any unused calls during each monthly billing cycle.
Calls to international destinations may vary and be unavailable from time to time. If you are unsure, refer to the international rates table or contact the Sales & Service Centre on 1300 32 78 37 for unavailable countries.
Your actual charges may vary on your Invoice, as each charge is rounded up to the nearest cent before GST is included.
DIFFICULTIES WITH CONNECTION
If you are having trouble making the Service work please:
- Refer to the troubleshooting guide supplied with your telephone handset;
- Refer to the FAQs; or
- Contact our Sales and Service Centre on 1300 32 78 37.
These Terms and Conditions govern the home gateway and full warranty details are included.
If you are disconnected during a call, or experience a fault using the Service that you believe to be caused by our network or vividwireless hardware or software, give our Sales and Service Centre a ring on 1300 32 78 37.
TERM AND TERMINATION OF SERVICES
This Agreement begins as soon as you sign up to a phone plan, and continues until terminated in accordance with its terms. We may terminate your Services if you breach these Terms in a significant or material way. Remember, the terms and conditions of your data plan also apply.
You may terminate this agreement, but you must give us at least two days notice of termination, and notice must be given at least two days before the end of the current billing period. You will have to pay all charges that you have incurred up to and including the final date of termination. You may have to pay an early termination fee if you joined on a plan with a fixed term.
We may terminate the Services immediately if we stop providing services on our network or if we have reasonable grounds to believe that:
- A threat or risk exists to the security of the Service;
- Provision of the Service may cause death, personal injury or damage to property; or
- Cessation of the Services is necessary for us to comply with our legal obligations (including legislative changes), or Court orders.
We may also terminate the Services immediately if, in your dealings with our staff or consultant you harass, insult or abuse any of them, including by reason of or by reference to their gender, ethnicity, race, nationality, language, sexual orientation, or religious beliefs.
If the Services are terminated under this clause, you must immediately pay us all monies due. Termination will not affect either party's respective rights or remedies.
Although we will try to give you as much notice as is reasonably practicable, we may, if we choose (and without notice), immediately suspend or limit the Service (or any feature of it), for any period that we consider is reasonably necessary or terminate this Agreement if:
- You fail to pay us the Charges, or are in breach of this Agreement or the Fair Use Policy or Acceptable Use Policy and where such breach can be corrected, you fail to correct the breach within seven days of us asking you to do so;
- We believe that the use of the Service (or any feature of it) by you or any other person is or might damage, impair or interfere with the vividwireless Network or any of our other systems or equipment or any other vividwireless customer;
- The Service (or any feature of it) is or is reasonably suspected of being used to commit unauthorised, criminal or unlawful activities;
- If vividwireless becomes aware of unauthorised equipment being used on our network, we will issue you with a formal written warning to discontinue use and remove the equipment. If you do not comply with this request, vividwireless will take steps to immediately disconnect you from the network. Please refer to the consequences of termination below.
consequences of termination
On termination of this Agreement:
- We will cease providing you the Service and disconnect you and send you a final invoice for all accrued and outstanding Charges;
- You must pay all outstanding fees and charges; and
- You will no longer have the right to use the Service.
Triple zero Emergency Services will not be accessible from a suspended or terminated service.
We will cooperate with law enforcement agency investigations which may involve disclosures of information in response to legally issued notices. We are also obliged to allow law enforcement agencies to monitor and intercept communications using our Services under certain circumstances.
If you do not bar Calling Line Identification (CLI) on the Service, you agree that when a call is made from the Service your phone number or your name (as registered in your vividwireless account), may be sent automatically to the called party. You further agree that if a party calling the Service has not barred CLI from calls made from their equipment, the telephone number and name of the calling party may be displayed on the screen of the handset which receives the call, and you shall have no claim against vividwireless in this regard. You can request to block your CLI by calling 1300 32 78 37.
If you do not block Calling Number Display (CND), your telephone number might be sent automatically to the equipment of anyone you call.
If a party calling the Service has not barred CND from calls made from their equipment, the telephone number of the calling party may be displayed on the screen of the handset which receives the call. In either case if the handset is technically capable of displaying details that is a matter for you and not within vividwireless’ control.
Remember, it is your responsibility to advise us if you do not wish to have your number listed in public directories such as the White Pages by phoning our Sales and Service Centre on 1300 32 78 37. The applicable fee is specified in the Miscellaneous Charges section of this Agreement.
THE INTEGRATED PUBLIC NUMBER DATABASE (IPND)
The Integrated Public Number Database is an industry -wide database of all listed and unlisted public telephone numbers. In accordance with the applicable industry Code and the Telecommunications Act, companies that provide telephone services are obliged to update this data base daily with information such as the customer’s name, the customer’s address, the name of the service provider, what the number is to be used for (private or business), and whether the public telephone number is to be listed or unlisted in telephone directories.
In certain circumstances information held in the database may be disclosed for approved purposes, such as operator and directory assistance services, publishing public number directories, use by emergency services and law enforcement agencies and any other activity specified by ACMA. For example, law enforcement and emergency services have access to numbers and information held on this database regardless of whether numbers are listed or unlisted.
LIABILITY AND INDEMNITY
OUR LIABILITY TO YOU
You agree to use the Service (and each of its features), accepting full risk and responsibility in doing so. You agree that, subject to below, we are not liable to you for any loss or damage (including Consequential Loss, special or indirect loss or damage), whatsoever arising (including for vividwireless’ breach of this Agreement), which you suffer under or in connection with this Agreement or the supply of the Service, unless you suffer direct loss or damage because of any negligent act or negligent omission by us under or in connection with this Agreement In this case we will be liable to you for any such direct loss or damage suffered (but, for avoidance of doubt, not any Consequential Loss suffered). For example, we are not liable to you for any loss or damage (including Consequential Loss), that you suffer as a result of you or any other person using the Service or any of its features for any improper purpose (including a purpose in breach of the Fair Use Policy or Acceptable Use Policy or any other term of this Agreement).
IMPLIED REPRESENTATIONS AND WARRANTIES AND OUR MAXIMUM LIABILITY TO YOU
The warranties that apply to equipment are described in these Terms and Conditions. This section refers to implied conditions and warranties that may otherwise be relevant to the Service.
Unless expressly stated in these Terms, all other implied conditions and warranties are excluded.
Where our liability cannot be excluded by legislation (including the Competition and Consumer Act 2010 (Cth) and state fair trading legislation), any condition or warranty implied by that legislation will be included in these Terms. However, to the extent permitted by such legislation, our liability for any breach of such condition or warranty shall be limited, at our option, to one or more of the following:
- If the breach relates to products, the replacement of the products or the supply of equivalent products, the repair of the products or the cost of replacing, repairing or acquiring equivalent products; and
- If the breach related to services, the resupply of the services or the payment of the cost of having the services resupplied.
LIABILITY WHICH WE CANNOT EXCLUDE
Despite any of the above, we will be liable to you under any rights which you may have under the Competition and Consumer Act 2010 (Cth) and other legislation, for which we cannot exclude our liability. Even so, where our liability in respect of such rights can be limited, it is limited at our election to:
- In the case of products, the replacement of the products or the supply of equivalent products; the repair of the products; the payment of the cost of replacing the products or acquiring equivalent products ; or the payment of the cost of having the products repaired; and
- In the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
YOU INDEMNIFY US
You indemnify us (hold us harmless and agree to reimburse us) for any loss or damage that we suffer relating to the use of the vividwireless service by you. This indemnity does not apply to any loss or damage that we suffer as a result of any wilful misconduct or reckless act or omission by us. Your obligations under this indemnity will continue despite the termination of this Agreement, until all monies that you owe us have been paid in full.
We may transfer all or part of our rights and obligations under these Terms to our business partners or related bodies corporate. However, if assignment is likely to have a detrimental impact upon you, and that impact is more than a minor impact, we will notify you and give you the option to terminate the Services.
You may not transfer your service. You are free to transfer ownership of your home gateway, USB modem, ViViFi® Wi-Fi hotspot or other devices and equipment but if you do and you no longer wish to be responsible for payment, you must cancel your service and the new owner must enter into a new contract with us.
If any term in this Agreement or a right of either of us under this Agreement is not enforceable in a certain State or Territory that does not mean that:
- That term or right is not enforceable in any other State or Territory of Australia; or
- Any other term or right is not enforceable in that State or Territory of Australia or in any other State or Territory of Australia.
The only way in which we can be said to have given up any rights that we have under this Agreement is if we agree to do so in writing. Even if we give up one of our rights under this Agreement in a particular circumstance, that does not mean that we have generally relinquished that right. If we do not exercise a right, or are slow in doing so, that does not mean that we have relinquished altogether that right.
We may vary any term of this Agreement at any time in writing. To the extent required by the Act and any other applicable laws or determinations made by the ACMA, we will notify you of any such variation up to 21 days prior to the change/variation taking place. The varied agreement will be posted on the web site, and supersedes all previously agreed to electronic and written terms and conditions.
International call rates can be varied at any time, without notice, in accordance with the relevant industry codes.
Notices will be sent by email to the email address that you have nominated. You will be deemed to have received a notice at the time that the email is sent.
GOVERNING LAW & JURISDICTION
The laws of New South Wales govern this Agreement.
Please contact our Sales and Service Centre on 1300 32 78 37 if you would like a copy of this Agreement in an alternative format, for example in a larger print size.
Copyright in all material on this site is owned by vividwireless.
The trademarks, service marks and logos (the "Trademarks"), used and displayed on this web site are registered and unregistered Trademarks of vividwireless and others.
Nothing on this web site should be construed as granting by implication, estoppel, or otherwise any license or right to use any Trademark displayed on the web site without the written permission of the Trademark owner.
You may not use these or any other vividwireless trademarks or service marks without the written permission of vividwireless.
Our internal customer complaints procedure is designed to resolve your complaint with minimal fuss and expense. Please read our Complaints Handling Policy.
If you wish to make a complaint you can contact us:
- By PHONE on 1300 32 78 37; or
- By FAX on 1300 31 94 54; or
- In WRITING to us at Locked Bag 11, JOONDALUP, Western Australia, 6027.
DESCRIPTION OF SERVICE FEATURES AND CHARGES
This part of this Agreement details the features of the Service and the Charges which apply to the use of the Service. THE CHARGES MAY CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.
Our Service is a Voice Over Internet Protocol telephone service – which just means making phone calls over the Internet. Sign up to a vividwireless broadband data plan and add on a phone plan to use this Service or sign up to one of our broadband & phone bundles.
You can use any standard telephone handset; this includes both cordless and corded telephones. You don’t need to buy a new or special phone.
Our phone plans offer a standard incoming and outgoing call service.
vividwireless will invoice you for your phone plan Service charge monthly in advance, just as we do for your data plan. Everything will be on the same bill.
Call charges will be invoiced monthly in arrears, so that your bill for any month will include access charges for the coming month (for your phone plan and your data plan), and call charges for the preceding month.
If you end the Service during a billing period, phone plan Service charges paid will not be refunded and you will be charged all call charges you have incurred.
Irrespective of when the call was made, the Standard Call rate remains constant – we don’t have peak or off-peak rates.
Call charges include GST and are rounded up to the nearest whole cent on individual calls.
You must comply with our phone plan Fair Use Policy.
This part of this Agreement sets out the phone plans, including the broadband & phone bundle plans which are available under the Service.
Details of our Plans are also available here. We may change these Terms or any information contained on our website, including prices, at any time. However, if a variation is likely to have a detrimental impact upon you, and that impact is more than a minor impact, we will make reasonable efforts to notify you of the change, and we will give you the option to terminate the Services without paying any additional fee.
Your use of the Service, and in particular all untimed calls are subject to the Fair Use Policy.
All calls will be mapped to the prescribed terminating point by vividwireless’ underlying carriers. vividwireless bears no responsibility for the ways in which these carriers map and terminate these calls. All calls made will be mapped in a manner that would see the call terminate in an industry recognised zoning unit, however vividwireless does not guarantee that calls will be mapped according to your expectations. All costs passed on by our underlying carriers will be passed on to you. Although vividwireless will regularly review call mapping to ensure maximum accuracy, vividwireless does not guarantee that calls will be mapped according to your expectations.
For example, if you call a disputed international destination, the call will be routed to an industry recognised zoning unit, and this terminating point may not conform to your expectation.
For details on your selected plan, including call rates and other destination charges click on the relevant link below:
1. starter phone plan
2. homeplus phone plan
3. broadband and phone - $45
4. broadband and phone - $65
5. broadband and phone - $89
6. broadband and phone - $109
Calls made and received are not uploads and downloads contributing to your data plan. Calls may be viewed on your account approximately 36 hours after termination. Local calls are based on the geographic local calling area of your vividwireless telephone number. Calls made to PSTN numbers outside your local calling area will be charged at standard vividwireless rates. Call costs to most Special Service numbers are not included in any of our phone plans. See the table below for descriptions and charges. Calls are charged in 60 second increments on all plans.
Calls, special and value added services
Connected calls with duration of 1 second or more will be charged as set out below.
Types of call
|Make calls from your home phone to, and receive calls from:|
||Charged per minute. Please refer to your plan for call charges. There is a minimum charge of 1 minute per timed call, thereafter calls will be charged in 60 second blocks.|
||Charges for Local and National calls within Australia depend on the phone plan or broadband & phone bundle the customer chooses.
Please refer to your plan for call charges.
|International calls||You will be charged the rates set out here. Calls to some countries are included in the monthly plan fee for some of the broadband & phone plan and homeplus customers.|
|vividwireless to vividwireless||Calls included at no extra charge.|
|Calls to access Special Services (e.g. directory assistance, 13 and 19 numbers).||Connected calls with duration of 1 second or more will be charged at the rates set out for each of these types of calls.|
Types of call
|Make calls from your home phone to, and receive calls from:||You will be charged for all connected International calls you make which are 1 second or more in duration. There is no charge for receiving these calls.|
||Calls will be charged per minute at the rate for the destination you are calling.|
||Charges for Local and National calls within Australia depend on the phone plan or broadband & phone bundle the customer chooses.
Please refer to your plan for call charges.
This service is automatically activated when you activate your starter phone plan, homeplus phone plan or any of our broadband & phone bundle plans
|You can find our international call rates here|
|To place call restrictions against this service contact our Sales and Service centre on 1300 32 78 37.||If only one call rate is shown for a particular destination, then that rate will apply to calls to both mobile phones and fixed line numbers within that country.|
|Call charges include GST and are rounded up to the nearest whole cent on individual calls.|
|Rates are subject to change without notice.|
Types of call
special services calls
|Calls to Special Numbers||Rates vary by call type and destination.|
|Calls to most Special Service numbers are automatically activated upon connection.||Rates vary by call type and destination.|
|1221 International faults & service difficulties||Not available for use|
|1222 Call costs and enquiries (national & international) service||Not available for use.|
|1225 International directory assistance $2.42||fixed fee per call.|
|1234 Sensis||Not available for use.|
|1223 Local and National directory assistance||$0.83 fixed fee per call.|
|125 xx, 125 xxx, 125 xxxx Operator service||Not available for use.|
|012 and 013 Operator service||Not available for use.|
|124xx, 124 xxx, 124 xxxx Operator service||Not available for use.|
|12711 Pre-selection verification service||Not available for use.|
|13xx xxx xxx Local rate service||$0.31 (GST inclusive) fixed fee per call.|
|13x xxx Local rate service||$0.31 (GST inclusive) fixed fee per call.|
|1345 xxxx Local rate service||Not available for use.|
|18xx xxx xxx Freephone service||Free of vividwireless charges.|
|19xx xxx xxx Premium rate service||Not available for use.|
|019 Data Numbers||Not available for use.|
|189 xx Calling Card service||$0.11 (GST inclusive) fixed fee per call|
FOR EMERGENCY NUMBERS SEE BELOW
|To report any difficulties or faults with your phone plan call our Sales and Service Centre on 1300 32 78 37.||Calls included at no extra charge.|
calls to emergency services
By dialling triple zero from your home phone using your vividwireless phone plan Service you will be connected to emergency services.
|Calls included at no extra charge.|
|Value Added Services||Charges
You can receive voice messages on your vividwireless service.
Calls included at no extra charge.
|Value Added Services||Charges (Unless otherwise specified)|
caller number display (CND)
Identify an incoming caller by the phone number before you answer the call. If you do not wish to speak to a caller whose CND is not displayed, you may block your phone from these Anonymous callers.
|Calls included at no extra charge.|
|To unlist your number simply call the Sales and Service Centre and tell them of your preference. The listing will be removed from the on line white pages directory within 2-3 weeks. If the listing has been published in the paper version, it will be removed from the subsequent edition.||Calls included at no extra charge.|
This service diverts/forwards incoming calls to another phone number connected to any service provider.
View instructions for Call forward Unconditional, Call Forward Busy, Call Forward No Answer instructions
|Standard vividwireless call rates apply.|
This service allows you to place a bar (call restrictions) on anonymous incoming calls.
vividwireless may also initiate call barring for administration or account management purposes.
For call barring enquires contact our Sales and Service Centre on 1300 32 78 37.
|There is no call barring charge.|
This service allows you to individually bar incoming calls only for anonymous calls.
|There is no call barring charge.|
|When making a call, you can speed up the time taken to dial a phone number.
||Calls included at no extra charge.
Connected calls will be charged in accordance with your chosen plan.
|Call Return allows you to automatically dial the last caller’s number provide that their number has not been CLI blocked.
||Calls included at no extra charge.
Connected calls will be charged in accordance with your chosen pricing plan.
|Speed Dial allows you to store up to eight phone numbers for Speed Dialling at the press of two buttons. Make life easy by presetting emergency numbers and frequently dialled numbers.|| Calls included at no extra charge.
*Connected calls will be charged in accordance with your chosen pricing plan.
You should be aware that some words have a special meaning in this Agreement. These words and their special meaning are set out below. When you see one of these words used in this Agreement, it has the meaning as set out below.
Act refers to the Telecommunications Act 1997 (Cth)
Charges the charges for the Service.
Customer a person who is connected to the vividwireless network.
Consequential Loss includes:
* indirect loss and special damages;
- loss of revenue;
- loss of profits;
- loss of business;
- loss of anticipated savings;
- loss of goodwill;
- loss of data;
- claims of third parties; and
- loss or costs associated with any of the above
Geographic Numbers The Numbering Plan 1997 sets the rules for use of numbers, which is administered by the Australian Communications and Media Authority. It states that geographic telephone numbers such as the type allocated for use with the vividwireless service may only be used from their allocated geographic area. For example, you are not permitted to take a Melbourne number and use it from Sydney.
High Usage refers to the maximum charges, as determined by us and notified to you from time to time, that you may incur by using the Service between the times that we invoice you.
Free/Included Calls per Month refers to the specified amount of calls in your chosen Plan that are included as a free/included allowance.
IP Internet Protocol is the method that defines how data is sent and received from one computer to another on a network (including the Internet). Every computer on a network has at least one IP address which uniquely identifies a computer from all others. When data is sent or received, the message gets divided into packets. Each packet can travel by different routes but still arrive at the required destination. IP alone cannot guarantee delivery of packets, nor that they will arrive in the correct order that they were sent - this is where TCP (Transmission Control Protocol) comes into play.
Local Calling Area This refers to the local geographical area of the number supplied to a customer. Any calls made outside of this area are classified as national or international calls. Local calls are based on the geographic local calling area of your vividwireless telephone number.
Plan a call plan set out in Phone plans section of this Agreement, being the Plan which you selected at the point of sale or activation or the Plan which you subsequently changed to with our approval.
PSTN Public Switched Telephone Network.
Service Address The address where you are using your vividwireless service. This is the address that triple zero emergency services will respond to.
Service Charge the fixed monthly usage charge for the service.
Standard Calls Voice calls described as "Standard Calls" in the Description of Service Features and Charges.
Usage means the measurement of time or data generated by your Internet Access.