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TERMS AND CONDITIONS OF CONTRACT 

 

  • 1. These terms and conditions relate to the provision of telecommunication services (" the Services ") to you (" the Customer ") by SMARTEL Ltd (" SMARTEL ") whether as principle or agent. Acceptance of the order shall constitute acceptance and completion of the contract. SMARTEL shall not be bound by any unauthorised representations.
  • 2. The Customer warrants that all the details contained in the customer application form are correct in every particular. The Customer will also notify SMARTEL of any changes to those details contained in the customer application form, and can only be amended in written agreement. The Customer shall supply all equipment and services to enable installation and operation of the services.
  • 3. The Customer shall pay SMARTEL all charges for the services on a monthly basis unless otherwise stated on the Customer application form. Payment shall be made by the 20th of the month following supply of services. We may charge late payment if payment not be received by SMARTEL by 5pm on the 22ndof the month following supply of services, as specified on the invoice. This timeframe will strictly adhered to. The Customer shall pay interest on all overdue accounts not paid by the 30thof the month following supply of services, at a rate of 24% pa. The Customer is liable for all to the use of the SMARTEL/TelstraClear Network where authorised account codes have been used. We may suspend or restrict your ability to use our services if customer credit is unsatisfactory or the customer defaults in payment. The customer responsible for all debt collection costs incur.
  • 4. SMARTEL reserves the right to alter or change rates and discounts without prior notification.
  • 5. The client agrees that SMARTEL Ltd has the first right to better or equal any offer that is made in writing by another telecommunications provider.
  • 6. SMARTEL will install equipment to the telephone network for the sole purpose of connecting the customer to the SMARTEL Network. The equipment remains the property of SMARTEL who shall be entitled to access for the purpose of repairs and maintenance, and removal of equipment in the event of non-payment or at the termination of the contract by either the Customer or SMARTEL.
  • 7. SMARTEL may cancel this agreement upon giving seven days notice. The customer is responsible for connecting to an alternative carrier and is liable for all traffic charges until they are connected to the alternative carrier.
  • 8. Services provided by SMARTEL are subject to availability of facilities and SMARTEL does not guarantee that the services will be continuous or fault free, except for such guarantees and warranties as cannot be excluded as a matter of law, and all warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise are hereby excluded and all liability of SMARTEL whether in tort including negligence contract or otherwise is expressly excluded to the full extent permitted by law. The guarantees implied by the Consumer Guarantees Act 1993 are expressly excluded where the consumer is acquiring goods or the Services for the purpose of business.
  • 9. If for any reason SMARTEL is unable to provide the Services, SMARTEL equipment will attempt to redirect the Customers communication through the Customers previous Telecommunications provider.
  • 10. SMARTEL liability arising from any cause (including the negligence of SMARTEL or any of its employees or agents) in the provision of the Services or any failure to provide the Services under this contract shall be limited to;
  • a) The re-supply of the Services, or, at the option of SMARTEL,
  • b) The cost of the re-supply of the Services.
  • 11. In respect of defects in services or goods supplied by SMARTEL, SMARTEL's liability shall be limited to the replacement of the services or goods. In no case, in respect of services or goods supplied, shall SMARTEL be liable for any consequential, direct or indirect or special damage loss or injury of any kind suffered by the Customer or any other person notwithstanding that SMARTEL may be aware or ought to have been aware of the possibility of damages, loss or injury.
  • 12. The Customer will indemnify SMARTEL from any loss, damage, liability or expenses incurred by any other person arising from the use or attempted use of the Service by the Customer. For the purposes of this clause, SMARTEL includes any company or partnership on whose behalf SMARTEL provides the Services.
  • 13. The Customer agrees to continue this contract and to not use the Line rental, toll call and broadband of another carrier for a period of 24 months from the date of this contract. The Customer agrees that if this clause is breached by the Customer, then the special offer provided will then be re-billed by SMARTEL at the normal rate and payable immediately.
  • 14. In the case of local line rental and broadband, the Customer agrees to continue this contract for a minimum period of 24 months from the date of instalment. If this agreement is terminated before the above period, the customer will be liable for the cancellation charges of $150 for each phone line/fax line/ISDN channel and $150 for each broadband account.
  • 15. These terms and conditions can only be altered by the written consent of SMARTEL.
  • 16. We have read and agreed the above terms and conditions.