Residential & Small Business Terms and Conditions
Standard Form of Agreement (SFOA) — General Terms for Residential and Small Business Customers under Part 23 of the Telecommunications Act.
This Agreement sets out the terms that govern your relationship with LIVA Telecom (ABN 32 621 849 518), and explains how we provide services and supply equipment to you. It covers how you may use and enjoy the services and any equipment we provide, your responsibilities when doing so, and important information about fees, charges, billing and payments. The Agreement also explains how LIVA Telecom may make changes to services or pricing and what happens if those changes materially affect you, how issues or complaints are managed, and the circumstances in which services or this Agreement may be restricted, suspended or cancelled. It further includes general legal terms and definitions that apply to all customers and form part of the overall contractual relationship between you and LIVA Telecom.
1.1 Welcome
(a) Welcome to our General Terms for Residential and Small Business Customers. These General Terms form a Standard Form of Agreement under Part 23 of the Telecommunications Act (Telco Act).
1.2 Who these Terms apply to
(a) If you are a Residential Customer or Small Business Customer, these Terms generally apply whenever we supply Equipment or Services to you, unless we expressly agree with you in writing that different terms apply. • Residential Customers are customers who acquire a product or Service primarily for personal or domestic use and not for resale. • Small Business Customers are customers who have a business ABN and acquire standard plan Services (not custom-quoted Services). These Terms do not apply to enterprise or wholesale customers. (b) If other people use the Service, these Terms also apply to those users. For example, if you are the account holder for a home internet Service and other people in your household use that Service, these Terms apply to them as well.
2.1 Parts of the Agreement
Your Agreement with us consists of the following documents: (a) your Application, (b) the relevant Critical Information Summary (CIS), (c) these General Terms, (d) the Payment Schedule, (e) the Direct Debit Service Agreement, and (f) our Acceptable Use Policy.
2.2 Priority of documents
(a) If there is any inconsistency between the documents that make up the Agreement, the document listed earlier in clause 2.1 takes priority to the extent of the inconsistency. (b) Your Application and the relevant Critical Information Summary may contain Service-specific terms. For example, if you agree to a Fixed Term that is longer than a month-to-month period, the Application and CIS will specify the exact length of that term.
3.1 Start of the Agreement
(a) The Agreement begins when we accept your Application (which we do at our sole discretion) and continues until it ends in accordance with the Agreement. (b) You may apply for Services by submitting an Application online, on a printed form approved by us, or by phone. (c) We decide whether to accept your Application and supply Services based on various factors, including: • your eligibility for the Service, • whether the Service is available at your location, • whether you meet our credit and identification requirements, • the outcome of any credit assessment we conduct, and • your prior history with us or with a reseller of goods or services supplied to you.
4.1 We're here to help
If you need assistance or more information, you can contact us on 1300 345 148. You can also submit support requests through our LIVA Telecom portal. • For assistance with speech or hearing needs, contact the National Relay Service on 133 677. • For assistance in other languages, contact the Translating and Interpreting Service (TIS) on 131 450.
4.2 Your Agreement is with us, not our Suppliers
(a) We are your primary point of contact for Services. You must contact us — not our Suppliers — if you have questions or issues. • If you or another user of your Service contacts a Supplier directly, you are responsible for any costs we incur as a result. (b) Our Suppliers have no liability or obligations to you or other users of your Service. • You and other users must not make a Claim against, or commence legal action against, a Supplier in relation to a Service. • If you do, you agree to compensate us for any costs, damages, or losses we incur as a result. (c) We may assign our rights under this clause to a Supplier.
5.1 Service availability
(a) Subject to your rights under the Australian Consumer Law, we aim to provide Services on a continuous basis, but we cannot guarantee that Services will be uninterrupted or free from faults. (b) You acknowledge that we may rely on Suppliers to provide Services. Events beyond our control may therefore cause interruptions from time to time. Our liability for interruptions is limited in accordance with clause 21.2 (Our liability for interruptions to the Service).
5.2 Maintenance and fault restoration
(a) Subject to your Consumer Law rights and to the extent permitted by law, we are not required to fix faults caused by: • damage not caused by us to Facilities used to provide Services (including damage to Customer Equipment or loss of power), • interference not caused by us (such as electrical interference or tampering by customers or third parties), • Force Majeure Events, or • planned outages.
5.3 Technical support and training
Virtual technical support (a) We provide limited technical support as described on our website at livatelecom.com.au/support. However we do not provide training on how to use your Service. (b) We are not responsible for, and may be unable to support, faults caused by: • Customer Equipment, • interaction between the Service and third-party software, • wireless connectivity issues between routers or access points and your devices, or • Services provided by third-party carriers or suppliers who are not our Suppliers.
6.1 Compliance
You are responsible for the use of your Service. You must not, and must ensure that others do not, use the Service except in accordance with this Agreement. This includes complying with: • this Agreement, • our Acceptable Use Policy and any Supplier fair use policies that apply, and • all applicable laws and regulatory requirements relevant to the Services and their use.
6.2 Your obligations
Do not misuse a Service (a) You must not do, or allow to be done, any of the following in connection with a Service: • breach any law, including laws regulating content on the internet or email, • contravene the Privacy Act, the Australian Privacy Principles, or any guidelines made under them, • send unsolicited electronic messages or make scam calls or text messages, • engage in denial-of-service (DoS) attacks or allow a device under your control to be used as part of such an attack, • obtain or attempt to obtain unauthorised access to any computer system or network, • scan ports or otherwise probe other systems for vulnerabilities or access points, or • spread (deliberately or through a lack of reasonable care) viruses, trojans, or other harmful code. (b) If we or a Supplier provide you with software, you must use that software strictly in accordance with its licence terms as notified to you from time to time. (c) Unless we expressly agree with you in writing, you must not: • resell the Service, • establish, maintain, or permit multiple concurrent connections to the Service, or • connect the Service to a local area network unless the Service is designated by us as supporting such use. Technology required (d) Unless expressly included in the Agreement, you are responsible for providing all technology necessary to use the Service. Information you provide (e) You warrant that all information you provide to us in connection with this Agreement is true, accurate, and complete. • You must promptly notify us of any changes to that information. Assistance and access (f) You agree to provide all reasonable assistance, information, and access that we reasonably require to perform our obligations and supply the Services to you.
6.3 Obligations to retain data
You acknowledge and agree that we (or a Supplier) may take reasonably necessary steps to comply with applicable laws in relation to the Services, including: (a) intercepting communications made using a Service, (b) monitoring and retaining data relating to your Service or data accessed or transmitted while using the Service, and (c) providing such data to persons authorised by law.
7.1 Internet issues and limitations
(a) To the extent permitted by law, you acknowledge and agree that: • internet speed and availability depend on many factors outside our control, • we do not control the accuracy, suitability, or availability of information on the internet, • we are not responsible for software, data, or content available via the internet, and • where we provide technical support or advice outside our direct responsibilities under this Agreement, it is provided solely to assist you and without accepting liability beyond what cannot legally be excluded.
7.2 Internet security
(a) You acknowledge that internet access carries security risks and that new threats are continually emerging. (b) You are responsible for maintaining your own security and acknowledge that we have recommended you should at least: • protect your user identity, usernames, email addresses, and passwords, • use and regularly update antivirus software and firewalls, • restrict physical and digital access to Equipment, • avoid opening emails or attachments from unknown sources, • protect other users of the Service from unsuitable online content, • remain informed about internet security risks, and • regularly monitor your data usage to avoid unexpected charges or Service Restrictions.
8.1 Proper use of Services
(a) You must use the Services only for their intended purpose. (b) You must notify us immediately if you become aware of any actual or suspected security breach affecting the Service, including any compromise of passwords or login details. (c) You must not permit any person to resell, or attempt to resell, any Service.
8.2 Interference with networks
If we reasonably believe that your Equipment or use of a Service interferes, or may interfere, with a network's performance or efficiency, you must comply with our reasonable directions to prevent or stop that interference.
8.3 Use of appropriate Facilities and Equipment
You agree that, when using a Service, you will only connect Facilities and Equipment that comply with applicable technical standards, codes, regulations, and guidelines issued under the Telco Act, by the ACMA, or by Communications Alliance Ltd.
8.4 No illegal use
(a) You must not use, or allow others to use, a Service to transmit, publish, or make available any material that is: • defamatory, • in breach of copyright or other intellectual property rights, • in breach of confidentiality obligations, or • otherwise unlawful. (b) If you breach this clause: • we may restrict, suspend, or cancel the Service in accordance with clause 24.2, and • you must indemnify us for any loss, cost, or expense we incur as a result of the breach.
8.5 Unusual use
While we may contact you if we detect unusual usage patterns, we are not obliged to monitor your Service usage or to restrict, suspend, or cancel a Service due to unusual use. You remain responsible for all use of the Service by you or any other person.
9.1 Service Equipment
If we or a Supplier provide Facilities or Service Equipment to you for use with a Service (and we do not sell that Equipment to you): (a) Risk passes to you on delivery. You are responsible for any loss or damage, except for fair wear and tear. (b) The Service Equipment remains our property unless we advise otherwise. (c) You must not remove or obscure identification marks on the Service Equipment. (d) You must follow our reasonable instructions to protect our ownership rights. (e) You must not transfer possession of the Service Equipment to anyone other than us. (f) You must not do anything that could adversely affect our ownership of the Service Equipment. • You must not register any interest in the Service Equipment under the PPSA. • We or a Supplier may register an interest under the PPSA. Changes to Service Equipment (g) We may, acting reasonably, replace Service Equipment with equipment of similar or improved functionality. (h) If the Service is provided under a Fixed Term, any replacement of Service Equipment is subject to clauses 18.1 and 18.2.
9.2 After expiry or termination of Services
(a) When a Service ends, you must allow us (and ensure any landlord allows us) to remove Service Equipment. (b) If we cannot recover the Service Equipment, we may recover its value from you as a debt, including by offsetting it against amounts you owe us.
9.3 Access for installation and maintenance
(a) We or our Suppliers may require access to your premises to: • provide, maintain, or repair Services or Service Equipment, or • install Facilities, Equipment, or cabling necessary for a Service. This right continues until all Service Equipment is returned, even if Services are cancelled. (b) You must provide reasonable access during business hours (or other agreed times) on reasonable notice. • Failure to provide access may result in Service restriction, suspension, or cancellation. (c) If you do not own the premises, you must obtain the owner's consent and warrant that you have done so. (d) If we or a Supplier access your premises: • you must ensure safe access, and • you indemnify us or the Supplier against claims relating to entry.
9.4 Maintaining Equipment
We maintain Service Equipment (a) We may suspend Services for reasonable periods to carry out maintenance. (b) If maintenance causes interruption, we will aim to: • give reasonable notice where practicable, and • minimise service disruption, including by scheduling work during off-peak times. You maintain Customer Equipment (c) You are responsible for maintaining Customer Equipment unless we agree otherwise in writing.
9.5 General Equipment matters
Insurance (a) If requested, you must insure Service Equipment for amounts and on terms we reasonably require. Electricity (b) Services and Equipment reliant on electricity may not function if power is interrupted. Approved service personnel (c) Equipment and Facilities must only be altered, maintained, connected, or disconnected by personnel approved by us.
9.6 Returning Service Equipment
(a) When Services end, you must promptly return Service Equipment or make it available for collection. (b) If not returned within a reasonable time, we may Bill you the reasonable market value, including software licence costs.
9.7 Purchased Equipment
This clause applies where we sell Equipment to you. (a) Title remains with us until full payment is received. You must not part with possession before payment. 1. If you do part with Purchased Equipment before full payment, LIVA Telecom may: • seek recovery of the outstanding value of the Purchased Equipment as a debt payable by you; and • deduct or set off the value of the Purchased Equipment against any amounts that we owe to you. 2. Until full payment for the Purchased Equipment has been received: • you must not remove, alter, or conceal any identification labels or markings affixed to the equipment; and • you must follow any reasonable directions we give to safeguard our ownership interest and must not take any action that could adversely affect our rights or ownership in the Purchased Equipment. (b) Risk of loss or damage to the Purchased Equipment will pass to you upon delivery. You are fully responsible for any loss or damage to Purchased Equipment from delivery to you.
9.8 Installing Purchased Equipment
(a) Subject to Agreement between us and you as to which Services and Purchased Equipment we install, we will install such Services and/or Purchased Equipment at a site nominated by you. (b) Installation fees may apply. (c) We use reasonable efforts to meet requested installation dates.
9.9 Equipment returns and refunds
Nothing in this clause limits Consumer Guarantee rights. Change of mind (a) No refunds are provided for change-of-mind returns. Change of model (b) You may return Purchased Equipment within 7 Business Days at your cost, subject to inspection: • A 20% restocking fee applies. • The replacement model is charged separately. (c) Returns outside this period are not eligible for credit.
(a) Phone numbers are issued in accordance with the Telecommunications Numbering Plan 2015 (Cth). (b) You are entitled to use issued numbers unless we are permitted to recover them under the Numbering Plan. (c) Your Service may also use Public Addressing Identifiers such as IP addresses. (d) You must comply with requirements of authorities administering Public Addressing Identifiers. (e) You acknowledge that: • we do not control allocation of Public Addressing Identifiers, • we are not liable if identifiers are changed, withdrawn, or reassigned by a regulator, and • your right to use identifiers may end when the Service is cancelled.
11.1 Our Privacy Policy
(a) Our Privacy Policy explains how we collect, use, disclose, store, and manage your Personal Information. (b) By visiting our website or purchasing a product or Service from us, you agree to our Privacy Policy.
11.2 Consent to collection and use
(a) You consent to us collecting, using, and disclosing your Personal Information in accordance with our Privacy Policy, as amended from time to time. (b) You are responsible for ensuring that any person who uses your Service and provides information is aware that we may collect, use, and disclose information about them in line with our Privacy Policy. You can view our Privacy Policy on our website at www.livatelecom.com.au or request a copy from us. (c) If you: ● do not agree to our Privacy Policy, ● choose not to provide information we reasonably require (including your date of birth), or ● provide incorrect or misleading information, (d) we may restrict the Services or credit available to you, or we may be unable to supply Services or credit to you altogether.
11.3 Use of Personal Information
(a) You acknowledge and agree that we may use your Personal Information, including: ● to verify your identity and assess your Application, ● to supply Services and Equipment to you, ● to investigate and resolve disputes relating to the Services or Equipment we provide, ● to prevent fraud and other unlawful activities, ● to issue Bills and recover Fees or other amounts payable under this Agreement. This includes collecting and using your credit card or direct debit bank account details, as payment for Services must be made by direct debit or standing credit card authority. ● for any other purpose reasonably related to providing the Services. Unless you opt out, we may also market our products and Services to you. (b) If you do not opt out of direct marketing, we may use and disclose your Personal Information to our related bodies corporate, agents, affiliates, franchisees, resellers, Suppliers, and other third parties involved in joint initiatives with us, for the purpose of informing you about products and Services offered by us or those entities. ● Where you consent to direct marketing, you agree that we may contact you: ━ by post to your recorded address, ━ by email to your recorded email address, ━ on or with Bills issued to you, and ━ by telephone (including recorded messages) using the phone number linked to your Service or another contact number you have provided. (c) If you do not wish to receive direct marketing under this clause, please contact us.
11.4 Disclosure of Personal Information
You agree that we may disclose your Personal Information to: (a) Suppliers, where necessary to provide Services or Equipment (including provisioning, interconnection, and billing purposes), (b) Service providers engaged by us, including resellers, installation and repair contractors, billing providers, and debt recovery agencies, (c) Credit reporting agencies for credit assessment purposes, as described in clause 11.6, (d) Loyalty program providers, if you choose to participate in any such program, (e) Any transferee if we assign or transfer our rights under clause 19.2, (f) Government bodies, law enforcement agencies, and other persons where required by law, including disclosures to the manager of the Integrated Public Number Database (IPND) as set out in clause 11.5, and (g) Any other person where you have given us consent.
11.5 Integrated Public Number Database (IPND)
(a) We are legally required to provide your name, address, phone number, and other public number customer details to the IPND manager for Approved Purposes. (b) Unless you specify otherwise in your Application: ● fixed or landline numbers will be recorded as listed numbers, and ● mobile numbers will be recorded as unlisted numbers. Unlisted information is controlled by the IPND manager and is only used for Approved Purposes. It is not made publicly available through directories or directory assistance services. (c) You must notify us of any changes to your IPND information and may request changes to your listing status by contacting us 1300 345 148. (d) If you update your IPND details through our online platforms, you acknowledge that you are solely responsible for ensuring the information provided is accurate and complete.
11.6 Credit information disclosure
(a) We may disclose your Personal Information to a Credit Reporting Agency for the purpose of providing Services to you. (b) Information disclosed may include: ● identification details such as your name, gender, address history, date of birth, employer details, and driver's licence number, ● confirmation that we are a current credit provider, ● details of your application for commercial credit, ● notification that overdue accounts are no longer overdue, and ● where applicable, that you have committed a serious credit infringement, including fraudulent conduct or unpaid undisputed debts exceeding 60 days where recovery action has commenced, or repeated dishonoured payments. (c) This information may be disclosed before, during, or after the provision of credit.
11.7 Use of credit reports
(a) You agree that we may obtain a credit report to assess your creditworthiness or recover overdue payments. (b) You also agree that we may disclose credit reports or related Personal Information to other credit providers for credit assessment or debt recovery purposes. (c) Information exchanged will relate to creditworthiness, credit standing, credit history, or credit capacity, as permitted under the Privacy Act. (d) You agree that a trade insurer may obtain a credit report about you for assessing whether to provide trade insurance to us in relation to your credit application.
11.8 Access to Personal Information
You may request access to Personal Information we hold about you. Subject to verification and legal limitations, we will provide access or explain why access cannot be granted.
11.9 Compliance obligations
Where you provide Personal Information to us, you must: (a) comply with the Privacy Act, (b) follow any reasonable directions we give regarding compliance, (c) obtain informed consent from individuals whose Personal Information you provide, (d) notify us of any changes to that information, (e) notify us of any privacy complaints received, and (f) cooperate with us in resolving any privacy-related complaints.
11.10 Records
You must maintain adequate records relating to Personal Information handled under this Agreement and provide access to those records upon request.
11.11 Accuracy of information
(a) You warrant that all Personal Information you provide is accurate and complete. (b) You agree to reimburse us for any costs arising from your failure to comply with clauses 11.9 or 11.10.
12.1 Confidential information
Each party retains all rights, including intellectual property rights, in any confidential information disclosed in connection with the Services, Equipment, or supply of Services.
12.2 Protection of confidential information
Neither party may disclose confidential information to a third party without consent, except where disclosure is required by law or the information has entered the public domain through no breach of confidence. Confidential information may be disclosed to professional advisers, provided they agree to confidentiality obligations.
12.3 Post-termination obligations
Upon termination of the Services, each party must return or destroy all confidential information belonging to the other party and confirm destruction if requested.
12.4 Restrictions on use
Neither party may use confidential information obtained from the other in a way that causes or may cause reputational, financial, or other loss.
13.1 Fees
Your responsibility for the Service (a) You are responsible for paying all Fees incurred through use of the Service, whether the Service is used by you or by another person, with or without your consent. (b) If your Service is used to access facilities or services provided by another service provider, any charges imposed by that provider are your responsibility, unless otherwise stated in this Agreement. ● You must pay those charges to us, and if we are charged by that provider, we will include those amounts on your Bill. How Fees are calculated (c) Fees are calculated based on data recorded and logged by us in relation to your use of the Service. (d) Our records are generally conclusive evidence of your Service usage and the Fees payable. If you believe there is an error on your Bill, you should contact us as soon as possible. (e) Unless otherwise stated in the applicable Critical Information Summary, any included allowances that are not fully used are not transferable and are not refundable.
13.2 GST
(a) Unless expressly stated otherwise, all amounts payable under or in connection with this Agreement are inclusive of GST. (b) We may Bill you for the Services together with any applicable GST. ● Where GST applies to a taxable supply we make to you, the GST amount will be specified in your Agreement (for example, in a Critical Information Summary or Application) and clearly shown on your Bill.
14.1 Billing cycles
(a) We generally issue your first Bill on the date your Service becomes active and then on a monthly basis thereafter. (b) If you have a direct debit arrangement in place, we will debit your nominated credit card or bank account on the Due Date. ● Monthly recurring Fees (where applicable) are billed in advance (for example, a home internet plan). ● Usage-based or excess charges are billed in arrears (for example, additional mobile data charges). ● Where applicable, connection fees and charges for additional hardware will be included on your first Bill where possible (for example, modem costs and delivery charges). (c) We may change your billing frequency and will provide you with reasonable notice of at least one billing cycle. (d) We may reissue a Bill if an error is later identified by you or us.
14.2 Out-of-cycle Bills
(a) We may issue an interim or out-of-cycle Bill if: ● you change your plan, ● you request a new Service, ● you relocate an existing Service, ● you ask us to Bill previously unbilled charges, ● we reasonably believe you present a credit risk, or ● we otherwise agree to do so with you. (b) If a Service is cancelled or Fees are varied, we will credit or refund any overpayment. If we have undercharged you, you remain responsible for the outstanding amount.
14.3 Payment methods
(a) Payment for Services must be made by direct debit using either a standing credit card authority or a nominated bank account. This requires us to hold your payment details for the duration of the Services. (b) If we incur fees from your bank or financial institution, we reserve the right to recover those fees from you. If there is a payment dispute, please contact us before contacting your bank so we can attempt to resolve the issue. If you contact your bank first and this results in a fee being charged to us, we may pass that fee on to you. (c) If your preferred payment method is declined, we may attempt to process payment for up to 10 Business Days after the original Due Date.
14.4 Time for payment
(a) You must pay all undisputed Bills in full by the Due Date. Payment plans and financial hardship (b) If you are experiencing financial hardship or require a payment plan, please contact our customer service team to discuss available options. Our Financial Hardship Policy is available on our website.
14.5 Late payments and actions we may take
Unless you notify us in writing of a genuine dispute or arrange a payment plan, we may take the following actions if your Bill remains unpaid: From the Due Date: • Send one or more payment reminder notices. • Attempt to process direct debit payments for up to 10 Business Days after the Due Date. • Charge interest on overdue amounts from the Due Date until paid in full. • Recover reasonable administrative costs incurred in relation to unpaid Fees. 5 Business Days after the Due Date: • In addition to the above, we may apply Service Restrictions. 21 days after the Due Date: • In addition to the above, we may suspend or physically disconnect the Service.
15.1 Additional Fees
Dishonoured payments (a) Where a direct debit or credit card payment is declined and your payment provider charges us a fee, we may recover that fee from you. Debt recovery (b) If we reasonably engage debt recovery services to recover outstanding amounts, you must reimburse us for those recovery costs, including legal costs. Early Termination Fees (c) If you enter into a Fixed Term Service and cancel it before the end of the Fixed Term, you must pay an Early Termination Fee. ● The applicable fee is set out in your Critical Information Summary. Refer to clause 23 (Your rights to cancel or end a Service) for further details. Connection or reconnection fees (d) We may charge a Fee to reconnect your Service. This Fee will not apply if the disconnection resulted from: ● our error or failure to meet our obligations under this Agreement, or ● events outlined in clause 24.3 (External factors). Other Service-specific Fees (e) Additional Fees may apply as set out in your Application, Critical Information Summary, or otherwise agreed with you.
15.2 Refunds and credits
(a) Installation and setup fees are processed on the Service start date and are generally non-refundable unless we are unable to provision the requested Service. (b) If your Service is terminated and amounts remain outstanding: ● we may deduct unpaid Fees from any final settlement, and ● your final Bill will show either: ━ a credit owed to you, or ━ an amount payable by you. (c) You may request a refund of any credited amount or apply it to another Service by notifying us within 90 days of receiving your final Bill.
15.3 Prepayment
(a) If we reasonably consider you to be a credit risk, we may require advance prepayment when you apply for a Service, based on estimated usage for a billing period. ● If prepayment is not provided when requested, we may decline your Application or restrict, suspend, or cancel the Service. ● Any unused portion of a prepayment will be refunded after deducting outstanding Fees if the Service is cancelled or disconnected. (b) You must notify us if you are bankrupt at the time of application or become bankrupt during the term of the Services.
15.4 Disputed Bills
(a) Any genuine dispute or refund claim must be raised within 5 months of the Bill date to which it relates. (b) This clause does not limit your legal right to commence proceedings regarding a disputed Bill or alleged overpayment.
15.5 Restriction, suspension or cancellation for non-payment
Restriction or suspension (a) If we restrict or suspend a Service due to non-payment: ● regular monthly charges will continue to accrue, ● you remain responsible for all charges incurred before restriction, and ● you remain liable for ongoing Fees until the Service is paid up, cancelled, or disconnected. Cancellation or disconnection (b) If we cancel or disconnect a Service due to non-payment, you remain responsible for all Fees incurred prior to cancellation or disconnection.
15.6 No set-off
(a) Unless we agree otherwise in writing, you must pay all Fees without set-off, counterclaim, or deduction.
16.1 Transferring Services
You remain responsible for Fees until the transfer is completed (a) If you request that we transfer any of your Services to another service provider, we will process that request. (b) You are responsible for paying all Fees for the Services up to and including the date the Services are transferred to the new service provider. Early Termination Fees may apply if you transfer your Service during a Fixed Term. Services end on transfer (c) We will stop supplying the Services on the date the transfer to the other service provider is completed.
16.2 Billing after transfer
(a) We aim to include all Fees incurred in relation to transferred Services in the next regular Billing cycle. (b) After that Billing cycle, if we: ● identify additional Fees (including amounts payable to another service provider) relating to the Services up to the transfer date, or ● resolve any disputes with you that result in amounts becoming payable, then you must pay those amounts within 7 days of us issuing a Bill.
16.3 Responsibility for transfer-related charges
(a) We are not responsible for any amounts you owe to another service provider or any other third party. (b) You must reimburse us for any costs claimed against us by another service provider or third party in connection with those amounts.
(a) For Business Services, you agree that where your consent is required for us to take action, we may rely in good faith on consent provided by your employees who represent that they are authorised to act on your behalf. (b) For Residential Services, you must tell us if you want another person to be authorised to access or make changes to your Service or account. (c) Subject to our rights and obligations under clause 11 (Privacy and Personal Information), we will not allow any other person to access your account unless we have received your authorisation.
18.1 When we may change the Agreement
Services and features may change (a) From time to time, we may need to change the features or functionality of a Service, or the Service itself. This means we may not always be able to continue supplying a Service on exactly the same terms that applied when the Service first commenced. Changes outside our control (b) We may need to change a Service, its features, or the terms of our Agreement due to circumstances beyond our control, including: ● changes in law, ● urgent security-related changes, ● changes made by a Supplier relating to: ━ the terms on which they supply Services to us, or ━ the functionality, nature, or underlying technology of a Service. Changes due to business decisions (c) We may also change the terms of our Agreement for legitimate business reasons, including: ● keeping pace with technological developments, ● changes in our supply chain, ● changes to the technical Services available to support a Service or feature, ● changes in our business strategy, and other reasonable business considerations.
18.2 Your rights if we change the Agreement
Right to cancel within 42 days in certain circumstances (a) If we notify you of a change that results in more than a minor detriment to you, you may cancel the affected Service by giving us written notice. (b) You must provide this notice within 42 days from the date we notified you of the change. For example, by using the contact method specified in the notice. (c) You must still pay all outstanding amounts for installation costs, Services already provided, and any Equipment supplied (and return that Equipment if required). ● Other than outstanding amounts, no Early Termination Fee will apply. If you do not cancel within 42 days (d) If you do not cancel the Service within the 42-day notice period: ● you are taken to have accepted the changes from the effective date we specify, and ● the Agreement will be amended accordingly and will apply from that date.
18.3 When changes take effect
When we make changes, they will take effect in accordance with the notice periods outlined below. (a) Detrimental change A change that may reasonably cause more than a minor detriment. Notice: At least 21 days. Example: Removal of a feature you regularly use. Exit rights apply. (b) Beneficial or neutral change A change that is reasonably beneficial or has no material negative impact. Notice: No notice required. Examples: Increased data allowances without higher Fees; removal of unused minor features. Exit rights do not apply. (c) Urgent change Changes required by law, for security reasons, or to protect network integrity. Notice: As much notice as reasonably practicable. Examples: Legal compliance updates; security vulnerability fixes. Exit rights do not apply. (d) Administrative fee change Introduction of a new fee or an increase to an existing administrative fee for ancillary Services. We will first offer a reasonable alternative at the same or lower cost. Notice: Reasonable notice where practicable. Examples: New credit card transaction fees; increased admin fees. Exit rights do not apply. (e) Additional tax or levy A new or increased charge due to a tax or levy imposed by law that we reasonably pass on to you. Notice: Reasonable notice where practicable. Examples: GST increase; new service-specific government tax. Exit rights do not apply. (f) Supplier fee change Fee increases passed on to us by Suppliers for: ━ international carriage (voice or data), or ━ content and premium services supplied by third parties. Notice: Reasonable notice where practicable. Examples: Higher international call rates; premium messaging service fees. Exit rights do not apply.
19.1 When you may transfer your rights
(a) You may assign your rights under this Agreement (to the extent those rights are capable of assignment) provided you obtain our prior written consent, which we will not unreasonably refuse. (b) We will generally agree to the transfer of obligations where the person you wish to transfer to: ● provides satisfactory proof of identity, ● meets our eligibility requirements for the Service, ● has an acceptable credit history, and ● can receive the Service at the location where they intend to use it.
19.2 Our right to assign or transfer
(a) You agree that we may assign our rights under this Agreement, and novate the benefits and obligations of this Agreement, at any time to: ● a related body corporate (being a company within our corporate group), ● a Supplier, or ● a purchaser of all or part of our business, (each a Transferee), and that the Transferee will assume our obligations and liabilities under this Agreement. Notice of transfer (b) From the date we, or the Transferee, notify you of a formal transfer: ● this Agreement ends, and ● a new agreement is formed on the same terms, except that: ━ the Transferee replaces us as a party to the Agreement as if they were the original provider, and ━ the Transferee has no liability or obligations arising before the transfer date. Other transfer rights (c) We may also assign, transfer, or otherwise deal with our rights and obligations under this Agreement with your consent, which must not be unreasonably withheld. Use of subcontractors (d) We may subcontract any of our obligations under this Agreement.
(a) We will attempt to resolve any dispute with you through discussion and consultation and ask that you contact us in the first instance on 1300 345 148. (b) If a dispute cannot be resolved, you may have rights under the Telecommunications Industry Ombudsman (TIO) scheme. Further information is available at www.tio.com.au or by calling 1800 062 058 or (TTY) 1800 675 692.
21.1 Liability for property damage, personal injury, and death
We are liable to you for: (a) loss of, destruction of, or damage to your tangible property caused during installation, repair, or maintenance of Equipment carried out by us, and (b) personal injury (including illness or disability) or death caused by our fault, negligence, or fraud.
21.2 Liability for interruptions to the Service
Refunds for extended interruptions (a) Subject to clause 21.2(b), we accept liability for Service interruptions lasting longer than 48 hours from the time the fault is reported, limited to providing a pro-rata refund of the Service Fees payable during the interruption. To the extent permitted by law, we are not liable for interruptions of 48 hours or less. To request this refund, contact us on 1300 345 148 and request a compensation assessment. When refunds do not apply (b) Pro-rata refunds are not available for interruptions that occur due to: ● a Force Majeure Event, ● faults in your Customer Equipment, power supply, or premises, ● brief or insignificant system or network outages, ● scheduled maintenance on our network, a Supplier's network, or Equipment, ● restriction, suspension, or cancellation of a Service in accordance with clause 24.2, or ● where you are entitled to compensation for the same interruption under: ━ clause 21.3 (Customer Service Guarantee), or ━ clause 21.4 (Consumer Law guarantees), or ● where we are unable to gain timely access to your premises.
21.3 Customer Service Guarantee (CSG)
For certain Services, you may have waived your rights under the Customer Service Guarantee Standard (CSG). Where a waiver applies, this clause is subject to that waiver. What is the CSG? (a) The CSG sets minimum performance standards for Standard Phone Services, including connection timeframes, fault repairs, and appointment keeping. (b) Where we supply a Standard Phone Service and relevant enhanced call handling features, that Service must comply with the CSG. (c) If we fail to meet the CSG standards, you may be entitled to compensation as set out in the CSG. When the CSG does not apply (d) We may be exempt from CSG obligations where: ● you agreed to a CSG waiver, ● you unreasonably deny us access to your premises, or ● you miss an appointment without reasonable notice. (e) The CSG does not apply to: ● Customer Equipment, or ● customers with more than five Standard Phone Services. For further information, visit the ACMA website at www.acma.gov.au. (f) We will connect Services not covered by the CSG within a reasonable time.
21.4 Consumer Law guarantees
(a) We supply Services subject to the terms of this Agreement and any guarantees imposed by law that cannot be excluded. For example, where Equipment or Services cost less than $100,000 or are ordinarily acquired for personal, domestic, or household use, consumer guarantees apply. (b) Remedies may be available under Australian Consumer Law if the Services or Equipment fail to meet applicable consumer guarantee standards.
21.5 Limitation of liability for breach of consumer guarantees
(a) Where we are permitted to limit our liability for a breach of a consumer guarantee, and it is fair and reasonable to do so, our liability is limited to: ● for goods -- repair, replacement, supply of equivalent goods, or payment of associated costs, or ● for services -- resupplying the service or paying the cost of resupply. (b) These limitations do not apply to: ● consumer guarantees relating to title, undisclosed securities, or undisturbed possession, or ● goods or services ordinarily acquired for personal, domestic, or household use.
21.6 Exclusion of liability
(a) To the extent permitted by law, you, we, and our Suppliers are not liable to each other for any Consequential Loss (except where caused by a breach of a consumer guarantee). (b) To the extent permitted by law, we and our Suppliers are not liable for loss arising from: ● your acts or omissions or Customer Equipment, ● your failure to take reasonable steps to minimise loss, or ● acts or omissions of third parties supplying goods or services directly to you.
21.7 Survival of liability provisions
The liability, limitation, and indemnity provisions of this Agreement continue to apply despite cancellation, termination, or expiry of the Agreement.
22.1 No liability for Force Majeure Events
Neither you nor we are liable to the other for any delay or failure to perform obligations under this Agreement where that delay or failure is caused by a Force Majeure Event, except for: (a) obligations to pay money under this Agreement, (b) our obligations under the Customer Service Guarantee (CSG), and (c) any rights you have under Consumer Law that cannot be excluded. Subject to our obligations under the CSG and any non-excludable rights you have under Consumer Law, we are not liable for any of the following where they are caused directly or indirectly by a Force Majeure Event: -- delays in installing a Service, -- delays in rectifying faults in a Service, -- failure to provide a Service or incorrect operation of a Service, -- Service outages, or -- any failure by us to comply with this Agreement.
22.2 Ending the Agreement due to an ongoing Force Majeure Event
If a delay, interruption, or failure to perform under this Agreement caused directly or indirectly by a Force Majeure Event continues for more than 30 days, either party may terminate the affected Service by giving written notice to the other party.
23.1 Cancelling your Service
(a) You may cancel a Service by giving at least 30 days' notice, in accordance with the process set out on our website. Details are available in our help centre. Fixed Term cancellation fees (b) If you cancel a Service that has a Fixed Term, you may be required to pay an Early Termination Fee. Refer to clause 15(c) (Early Termination Fees), your Application, and the relevant Critical Information Summary for details.
23.2 Ending the Agreement for cause
You may cancel a Service by giving us notice if any of the following apply: (a) we make a change to the Agreement and you are entitled to cancel under clause 18.2, (b) there is an ongoing Force Majeure Event and you are entitled to cancel under clause 22.2, (c) we materially breach this Agreement and: ● the breach is capable of remedy, and ● we fail to remedy it within 30 days after you notify us, or (d) we materially breach this Agreement in a way that cannot be remedied, including where there are prolonged or repeated Service Interruptions.
23.3 Fees after ending the Agreement for cause
If you cancel a Service under clause 23.2: (a) no Early Termination Fee applies (even if the Service is subject to a Fixed Term), and (b) you are entitled to a refund of any unused prepaid amounts in accordance with clause 15.2, however (c) you must still pay any outstanding Fees for Services already provided, installation, Equipment, or related costs.
23.4 When cancellation rights do not apply
Service interruptions are not considered material breaches (and clause 23.2 does not apply) where they result from: (a) brief or insignificant system or network outages, (b) scheduled maintenance carried out in accordance with clause 9.4, (c) faults or events reasonably attributable to your Equipment or your acts or omissions, or (d) our restriction, suspension, or cancellation of the Service under clause 24.
23.5 Change of mind before provisioning — Service Cancellation Fee
If you sign up for a Service and then cancel before provisioning is completed, we may require you to pay costs we incur in preparing to supply the Service. For example, any cancellation charges imposed by a Supplier will be passed on to you.
24.1 How we exercise these rights
When we restrict, suspend, or cancel a Service under this Agreement, we will: (a) act reasonably, and (b) only take action to the extent reasonably necessary to protect our legitimate business interests. Where possible, we will provide reasonable notice and use an escalated approach—moving from restriction to suspension—only cancelling a Service where required by law or to protect our legitimate interests.
24.2 Your actions that may result in restriction, suspension, or cancellation
We may restrict, suspend, or cancel a Service if: Service use issues (a) you vacate the premises where the Service is supplied without our agreement, (b) we are unable to access premises to inspect, repair, or maintain Equipment or cabling, (c) you fail to comply with an Acceptable Use Policy after reasonable notice, (d) you fail to rectify defects in Customer Equipment or cabling within 30 days of our request, (e) you do, or allow, anything that may reasonably jeopardise the proper operation of a Service, (f) your use interferes with our network or a Supplier's network and you fail to remedy this within 24 hours of our request, (g) you become a Carrier or Carriage Service Provider under the Telco Act. Immediate cancellation for misconduct (h) we reasonably believe you engaged in fraud or illegal conduct in your Application, (i) you abuse or harass our staff or contractors, (j) you threaten or cause harm to our staff, contractors, or property. Payment-related issues (k) you experience an Insolvency Event and we reasonably believe payment is unlikely, (l) you fail to pay Fees on time and clause 14.5 applies, (m) you fail to provide required prepayment under clause 15.3, (n) we reasonably believe you are a credit risk. Examples of reasonable grounds include unusually high usage, poor payment history, dishonoured payments, failure to replenish deposits, or insolvency concerns after reasonable notice. (o) you are in material breach of this Agreement.
24.3 External factors beyond your control
We may restrict, suspend, or cancel a Service where: Emergencies and safety (a) an emergency occurs, (b) there is a risk to network security or integrity, or risk of injury or property damage. Legal requirements (c) we are required to do so by law, (d) supplying the Service would contravene a law or is reasonably expected to do so, (e) compliance is required with directions from a government authority, emergency service, or regulator. Network and Service integrity (f) a network is being upgraded or modernised, (g) repairs, maintenance, or restoration are required, (h) technical failures or maintenance affect the Service. We will use reasonable efforts to minimise disruption and restore Services as soon as practicable. Supply capability (i) a third party or Supplier withdraws an underlying service, (j) a Force Majeure Event prevents supply for 30 days or more. Actions by you (k) you notify us under clause 18.2, (l) the Service has not been used for a continuous period of 24 months.
24.4 Ending a Service for convenience
We may cancel a Service for convenience in the following circumstances: (a) where no Fixed Term applies, by giving at least 30 days' notice, (b) where a Fixed Term applies: ● after the Fixed Term ends, with at least 30 days' notice, ● during the Fixed Term with your consent, or ● during the Fixed Term where: ━ we offer a reasonably comparable alternative Service for the remainder of the Fixed Term, and ━ we take reasonable steps to mitigate any more than minor detriment caused by the migration, (c) where we reasonably determine, before the Service start date, that it is not technically, commercially, or operationally feasible to supply the Service, by giving you notice.
25.1 Fees payable after restriction, suspension, or cancellation
(a) If we restrict, suspend, or cancel a Service for any of the reasons set out in clause 24.3 (External factors cause us to restrict, suspend or cancel): ● we will not charge a disconnection or reconnection Fee, and ● you are entitled to a refund of any unexpired portion of amounts you have paid in advance, in accordance with clause 15.2 (Refunds and credits). (b) Without limiting any of our rights under this Agreement or at law, if we restrict, suspend, or cancel a Service for any of the reasons set out in clause 24.2 (Your actions cause us to restrict, suspend or cancel), you will remain liable to pay: ● any applicable disconnection Fee, and ● if we agree to reconnect the Service, a reconnection Fee, and ● any applicable Early Termination Fee, and ● all other Fees incurred up to the time the Service is cancelled.
25.2 Security deposits
(a) Following a credit assessment relating to you and the Service you apply for, we may require you to pay a security deposit. (b) The amount of the security deposit will be based on: ● the value of any Equipment in your possession that has not been paid for in full, and ● our reasonable estimate of the amount required to secure our potential exposure. (c) We may apply the security deposit to recover any Fees you owe us or to compensate us for any loss or expense we incur as a result of your breach of this Agreement. (d) Before using the security deposit, we will notify you and give you 5 Business Days to pay the relevant amounts instead. ● If we use part of the security deposit, you must replenish it within 7 days of our request. ● No interest is payable or accrued on the security deposit. (e) We will refund any unused portion of the security deposit within 5 Business Days after you stop receiving the relevant Service.
25.3 After a Service ends
If a Service ends for any reason, whether terminated by you or us: (a) you must pay all Fees relating to Services supplied up to the date of termination or cancellation, and (b) you must promptly: ● stop using the Service and any Equipment owned by us or a Supplier, and ● allow us to remove any Equipment owned by us or a Supplier, or any Purchased Equipment that has not been paid for in full, and (c) we may delete any data stored in connection with the Service. You are solely responsible for backing up your data.
25.4 Month-to-month supply after a Fixed Term
If a Service is provided for a Fixed Term or other agreed period, once that period ends we will continue supplying the Service on a month-to-month basis until either party ends the Service in accordance with this Agreement.
26.1 How we give notices to you
(a) We may communicate with you about this Agreement using the following methods: Email Sent to the email address listed in our records. A notice is taken to be received on the date the email is sent, provided no delivery failure notice is received. On a Bill Clearly included on, in, or with a Bill. Receipt is determined by the method used to send the Bill (email or post). Mail (post) Sent by prepaid post to the address in our records. Deemed received 2 Business Days after posting if sent by registered post, or 4 days if sent by other post. Text or voice message Sent by SMS or voicemail. Deemed received on the date of delivery. (b) For prepaid telecommunications Services, we may also provide information to you: ● on our website, or ● at a retail outlet, or ● by recorded message, text message, or in writing that explains how you can access the full information. (c) Where reasonable and permitted by this Agreement and applicable law, we may also give notice by publishing it in a daily newspaper circulating generally in the State or Territory in which you ordinarily reside or conduct business. Keeping your contact details up to date (d) You consent to receiving notices by email. ● You are responsible for checking your emails and ensuring your contact details remain current.
27.1 Intellectual property
You do not own, and have no legal interest in, any of our intellectual property, including any phone number, IP address, domain name, personal identification number, or other identifier issued by us to you.
27.2 Governing law
This Agreement is governed by the laws of Victoria. You and we submit to the exclusive jurisdiction of the courts of the State of Victoria.
27.3 No waiver
A failure or delay by a party to exercise any right, power, or remedy does not operate as a waiver. A single or partial exercise of a right does not prevent any further exercise of that or any other right. Any waiver must be in writing to be valid and binding.
27.4 Survival
Any provision of this Agreement that is intended by its nature to survive termination or expiry—including limitations of liability and indemnities—will continue to apply after termination or expiry for any reason.
27.5 Severability
If any provision of this Agreement is unlawful or unenforceable in any jurisdiction, it is ineffective in that jurisdiction only to the extent of the unlawfulness or unenforceability. This does not affect the validity or enforceability of the remaining provisions, or the same provision in any other jurisdiction.
28.1 Definitions
Unless the context requires otherwise, the following definitions apply: ACMA means the Australian Communications and Media Authority (www.acma.gov.au). Agreement means the agreement between you and us for the provision of a Service. Application means an application made by you for Services to be provided by us, submitted either: (a) through a form approved by us (online or in printed form), or (b) by phone. LIVA Telecom (ABN 32 621 849 518) Approved Purposes includes the following purposes: ● directory assistance and operator services, ● publishing and maintaining public number directories, ● location-dependent carriage services, ● emergency call services or assistance to emergency services under Part 8 of the Telecommunications (Consumer Protection and Service Standards) Act 1999, ● assisting law enforcement agencies or protecting national security under the Telco Act, the Telecommunications (Interception and Access) Act 1979, or other legal obligations, ● verifying the accuracy of information supplied by a data provider and held in the IPND against that provider's records, ● conducting research permitted under the Telecommunications (Integrated Public Number Database – Permitted Research Purposes) Instrument 2017, ● assisting the ACMA to verify the accuracy and completeness of IPND information, ● complying with obligations to a Government Agency (for example, the Australian Tax Office), and ● any other purpose permitted or required under the Telco Act or other applicable laws. Broadband means a high-capacity communications pipeline capable of delivering multiple Services simultaneously at speeds higher than traditional dial-up. Business Day means Monday to Friday, excluding public holidays in the location where the relevant Services are provided. Business Hours means 9.00 am to 5.00 pm Monday to Friday (AEST), excluding public holidays in the place where the Services are provided. Claim includes any debt, cause of action, liability, claim, proceeding, suit, or demand of any kind, whether present or future, actual or contingent, fixed or unascertained, arising under contract (including indemnity), tort (including negligence), statute, or otherwise, in connection with this Agreement. Commercial Credit has the meaning given in section 6 of the Privacy Act and currently refers to credit (other than Consumer Credit) applied for by, or provided to, a person. Consequential Loss includes loss of profits, revenue, opportunity, anticipated savings, pure economic loss, loss of data, loss of value of Equipment (excluding repair costs), expectation loss, increased operating costs, third-party losses, and any indirect, special, punitive, or exemplary loss or damage, whether arising in contract, tort (including negligence), statute, or otherwise. Consumer Credit has the meaning given in section 6 of the Privacy Act and currently means credit: ━ applied for by, or provided to, an individual by a credit provider in the course of business, and ━ intended to be used wholly or mainly: • for personal, family, or household purposes, or • to acquire, maintain, renovate, or improve residential property for investment purposes, or • to refinance consumer credit used for those purposes. Consumer Guarantee means a guarantee referred to in clause 21.4 (Consumer Law guarantees), as described under the Consumer Law. Consumer Law means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Credit Reporting Agency has the meaning given in section 6 of the Privacy Act and refers to an organisation that carries on a credit reporting business. Critical Information Summary (CIS) means the document forming part of the Agreement that outlines Service details, inclusions, limitations, and applicable terms and conditions. CSG (Customer Service Guarantee) means the minimum performance standards for Standard Phone Services under Part 5 of the Telecommunications (Customer Service Guarantee) Standard 2011. Customer means the current account holder for a Residential or Small Business Service or Equipment supplied by us. If you are under 18 years of age, your Application must be co-signed by an adult guarantor. Customer Equipment means any Equipment or Facility in your possession or control that is not Service Equipment. Direct Debit Service Agreement means the terms and conditions authorising us to debit your nominated bank account, available on our website. Due Date means, unless otherwise agreed, 10 Business Days after a Bill is issued, or any other date specified on the Bill. Early Termination Fee means any applicable fee calculated in accordance with your Application, the relevant CIS, and the Payment Schedule. Equipment means Service Equipment or Purchased Equipment, unless stated otherwise. Facilities has the meaning given in the Telco Act. Fair Use Policy / Acceptable Use Policy means our policy or a Supplier's policy governing reasonable and fair use of a Service, as applicable, and available on our website. Fee means the charges payable for a Service as set out in the Application, Payment Schedule, CIS, or otherwise payable under this Agreement. Fixed Term means the minimum period during which a specific Service is supplied to you, as set out in your Application or CIS. Force Majeure Event means an event beyond the reasonable control of either party, including natural disasters, fire, lightning, explosion, subsidence, civil unrest, war, terrorism, industrial action, government action or inaction, or third-party acts beyond reasonable control. Government Agency means any Commonwealth, State, or Territory government authority with legal power, including ACMA and the Australian Competition and Consumer Commission. GST has the meaning given in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Insolvency Event includes circumstances where: ━ you become bankrupt or subject to bankruptcy proceedings, ━ you suspend payment of debts, ━ you are unable to pay debts as they fall due or are presumed insolvent, or ━ steps are taken to appoint an administrator, receiver, liquidator, trustee, or similar officer. Interest means interest calculated daily at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) plus 2%, compounded monthly. Internet means the global network of interconnected computer systems enabling electronic communications and data transfer. Internet Access means the ability to send and receive data via the Internet. Interruption means any delay, failure, defect, or disruption in supplying a Service. IPND means the Integrated Public Number Database. Law means all applicable Commonwealth, State, and local laws, regulations, codes, judgments, and common law. Network means the infrastructure operated by us or our Suppliers to provide Services, excluding the broader Internet. Personal Information has the meaning given in section 276(1) of the Telco Act and section 6 of the Privacy Act. Phone Number means a telephone service number. PPSA means the Personal Property Securities Act 2009 (Cth). Privacy Act means the Privacy Act 1988 (Cth). Public Addressing Identifiers includes phone numbers, IP addresses, domain names, and similar identifiers. Purchased Equipment means Equipment or Facilities sold by us to you. Residential Customer means a customer acquiring a Service primarily for personal or domestic use and not for resale. Service means the Service requested in your Application and described in the CIS and other Agreement documents. Service Cancellation Fee means a Fee charged to recover costs incurred if a Service is cancelled before full provisioning. Service Equipment means Equipment provided for use with a Service that is not sold to you. Service Restriction includes actions such as: ● limiting internet speeds to 1:1 Mbps, ● restricting VoIP to emergency calls and calls to us, ● limiting mobile services to emergency calls only. Shaping means a reduction in broadband speed. Small Business Customer means a customer with an ABN receiving standard (non-quoted) Services and qualifying as a small business under the Australian Consumer Law. Standard Phone Service has the meaning given in the Telecommunications (Consumer Protection and Service Standards) Act 1999. Supplier means a third party from whom we or our suppliers acquire services forming part of a Service. Taxable Supply has the meaning given in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Telco Act means the Telecommunications Act 1997 (Cth). we, us, our means LIVA Telecom. Website means our official website. you, your means the current account holder for the Service.
28.2 Interpretation
Unless the context requires otherwise: (a) references to a person include corporations, partnerships, associations, joint ventures, government bodies, and other entities; (b) references to documents include any amendments or replacements; (c) the singular includes the plural and vice versa; (d) references to legislation include any amendments or re-enactments; (e) defined terms apply to other grammatical forms of those terms; (f) obligations in favour of multiple persons apply jointly and severally; (g) references to clauses or schedules refer to those in these General Terms; (h) references to dollars or $ mean Australian currency; (i) headings are for convenience only and do not affect interpretation; and (j) words such as "including" or "for example" do not limit the scope of what follows.
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LIVA Telecom | Level 49, 8 Parramatta Square, Parramatta NSW 2150 | ABN: 32 621 849 518