Terms & Conditions
- 1Our agreement with you
- 2Services, carriers and availability
- 3Acceptable and prohibited use
- 4Account and credential security
- 5Customer information, identity and authority
- 6Charges, billing and payment
- 7Payment methods, verification and chargebacks
- 8Prepaid credit and refunds
- 9Suspension, restriction and termination by Ozetel
- 10Investigations, records and cooperation
- 11Contract term and customer cancellation
- 12Telephone numbers and porting
- 13Equipment and third-party devices
- 14Privacy and confidentiality
- 15Authorised representatives and account ownership
- 16Changes to Services, prices and these Terms
- 17Complaints and payment assistance
- 18Liability and non-excludable rights
- 19Assignment
- 20Notices and contact details
- 21General
Ozetel Pty Ltd | ABN 54 113 332 308
Phone: 1300 OZETEL (693 835) | Email: info@ozetel.com.au
These Terms apply to Ozetel retail telecommunications services, including phone/PBX, SIP, telephone numbers, NBN/internet, mobile/SIM, SMS/virtual mobile and related services. Service-specific orders, schedules and Critical Information Summaries may contain additional terms.
1. Our agreement with you
1.1 These Terms form part of the agreement between Ozetel Pty Ltd (Ozetel, we, us) and the customer (you) for the Services.
1.2 The agreement also includes your application, order, accepted quote or online order, any applicable service-specific terms or schedule, the applicable Critical Information Summary (CIS), and policies expressly incorporated by these Terms.
1.3 If documents are inconsistent, a specifically negotiated or signed order or service schedule prevails for that Service, followed by applicable service-specific terms, these Terms, and then a policy to the extent it deals with its particular subject matter.
1.4 Nothing in the agreement excludes or limits a right, guarantee or remedy that cannot lawfully be excluded or limited.
2. Services, carriers and availability
2.1 We may supply Services using carriers, wholesalers, network operators, cloud providers and other suppliers selected by us and may change those suppliers where reasonably necessary.
2.2 Coverage, speeds, availability, quality and functionality may depend on third-party networks, equipment, location, technology, maintenance and other circumstances outside our reasonable control.
2.3 Telecommunications services are not guaranteed to be uninterrupted or error-free. We will take reasonable steps to restore faults within our control.
2.4 We may make reasonable technical or operational changes to a Service where required for network, carrier, security, legal or regulatory reasons, subject to applicable law.
3. Acceptable and prohibited use
3.1 You must use the Services lawfully and must not use, or permit another person to use, a Service for fraud, scams, deception, unlawful communications, unlawful telemarketing, unlawful spam, artificial or fraudulent traffic, unlawful caller-ID or sender-ID manipulation, network abuse, security attacks, or other unlawful activity.
3.2 Automated, bulk or high-volume calling or messaging is not prohibited merely because it is automated or high-volume. It must, however, comply with applicable law, any service-specific restrictions, reasonable network requirements and these Terms.
3.3 You must not attempt to circumvent our fraud, security, billing, usage, authentication or network controls, or knowingly use compromised credentials, accounts or payment methods.
3.4 You must not use a Service in a way that materially threatens our systems or networks, a carrier or supplier, another customer, or that is reasonably likely to expose us or a supplier to regulatory, financial, operational or security risk.
3.5 Service-specific restrictions continue to apply. For example, a CIS or order may prohibit telemarketing or call-centre use on a particular plan.
4. Account and credential security
4.1 You must take reasonable steps to protect passwords, portal credentials, SIP credentials, API credentials, PINs, SIMs and other access methods associated with your account.
4.2 You must notify us promptly if you know or reasonably suspect that an account, credential, SIM, device or Service has been compromised or used without authority.
4.3 You are responsible for people you authorise to use or administer your Services. Use of third-party equipment, software, contractors or applications does not remove your obligations under the agreement.
4.4 Where compromise or unauthorised use is suspected, we may take reasonable protective action, including credential resets, traffic blocks, restrictions or suspension.
5. Customer information, identity and authority
5.1 Information you provide to us must be accurate and not deliberately false or misleading. You must keep material contact and account information reasonably current.
5.2 We may request reasonable identity, authority, account-ownership or payment verification at account opening or later where reasonably necessary. This may include government-issued identification, proof of authority for a business, payment evidence or other documentation appropriate to the circumstances.
5.3 Accepting an account or payment without initially requiring government-issued identification does not prevent us from requesting additional verification later.
5.4 We may require additional verification before processing a refund, changing ownership or material account details, restoring or recovering access, porting or transferring a Service, or where there are reasonable fraud, payment, security, identity, regulatory or account-ownership concerns.
5.5 We may delay or decline a requested account action until reasonable verification has been completed, subject to applicable law.
6. Charges, billing and payment
6.1 You must pay the charges for Services supplied to your account, including applicable taxes, by the due date or in accordance with the applicable prepaid arrangement.
6.2 If you dispute a charge in good faith, notify us promptly, identify the disputed amount and explain the reason. You must pay all undisputed amounts by the due date. This does not limit rights under applicable law.
6.3 Overdue amounts may accrue interest at 1.5% per month or part of a month. We may charge a late payment fee of up to $20 ex GST and a payment dishonour fee of up to $5 ex GST.
6.4 Subject to applicable law and payment-assistance obligations, we may suspend Services for overdue amounts.
6.5 Charges properly incurred before cancellation or transfer remain payable, including usage or carrier charges received by us after the effective date.
6.6 We may charge an account-keeping fee where disclosed to you for an account that does not use our nominated payment method.
7. Payment methods, verification and chargebacks
7.1 By using a card, bank account, digital wallet or other payment method, you represent that you are authorised to use it.
7.2 You must not knowingly use a stolen, compromised, fraudulently obtained or otherwise unauthorised payment method.
7.3 We may conduct reasonable payment-verification and fraud checks and may refuse or hold a payment or top-up where there are reasonable fraud, security or payment concerns.
7.4 Successful card or payment verification does not prevent us from carrying out further verification later.
7.5 Where a payment is reversed, charged back or dishonoured, any amount properly owing to us remains payable.
7.6 Use of the same payment method across multiple accounts is not prohibited, but we may investigate circumstances that reasonably raise fraud, identity or security concerns.
8. Prepaid credit and refunds
8.1 Unused prepaid credit on a lawful account will ordinarily be refunded when the relevant Service or account is closed, after deduction of amounts properly owing to us.
8.2 Refunds will normally be returned to the original payment method. If that is unavailable or inappropriate, we may require reasonable additional verification before using another method.
8.3 We may temporarily hold or defer a refund while reasonably investigating suspected fraud, scams, unlawful use, abnormal service activity, disputed ownership, chargebacks, payment irregularities, security concerns or a suspected material breach.
8.4 A temporary hold does not itself mean that the balance has been forfeited.
8.5 We are not required to release a balance to a person until we are reasonably satisfied that the person is entitled to receive it.
8.6 We may set off against a credit balance amounts properly owing to us, including unpaid charges, reversals, chargebacks, dishonoured payments and losses or costs recoverable under the agreement and applicable law.
9. Suspension, restriction and termination by Ozetel
9.1 To the extent reasonably necessary, we may suspend, restrict, block or terminate one or more Services or the whole customer account where we reasonably suspect fraud, scams, unlawful use, abnormal or suspicious traffic, compromised access, unauthorised or suspicious payment activity, materially false or misleading account information, a serious security or network risk, a material breach of these Terms, or a legal, regulatory, carrier or law-enforcement requirement.
9.2 Where reasonably necessary to protect customers, networks, funds, evidence or an investigation, we may act immediately and without prior notice.
9.3 We may require reasonable information or verification before restoring a suspended or restricted Service.
9.4 We may also suspend or terminate for non-payment, insolvency, cessation of an underlying carrier service, or another material breach, subject to applicable law.
9.5 Suspension does not automatically result in termination, and termination does not by itself determine whether a remaining credit balance is refundable.
10. Investigations, records and cooperation
10.1 We may reasonably investigate suspected fraud, scams, unlawful use, security incidents, abnormal traffic, payment irregularities or breaches of the agreement.
10.2 For those purposes we may examine relevant account, payment, call, messaging, authentication, service and network records held by us and may preserve relevant records while an investigation, complaint, dispute or regulatory matter is underway.
10.3 Subject to applicable law, we may obtain information from and provide relevant information to carriers, wholesalers, payment providers, technology/service providers, regulators, the Telecommunications Industry Ombudsman, police and other competent authorities where reasonably necessary.
10.4 We are not required to disclose confidential fraud or security methods, information concerning other customers, or information that we are prohibited from disclosing or reasonably consider inappropriate to disclose because of an investigation, security concern or legal or regulatory obligation.
11. Contract term and customer cancellation
11.1 Unless an order, quote, CIS or service schedule specifies a minimum or fixed term, a Service is supplied month-to-month or on the recurring cycle stated for that Service.
11.2 For ordinary month-to-month Services, you may cancel by giving us notice. Unless service-specific terms state otherwise, the month in which cancellation occurs is the final month charged for the recurring monthly Service.
11.3 If a Service has a minimum or fixed term, the applicable order, quote, CIS or schedule governs that term and any expressly disclosed early termination charge.
11.4 Unless otherwise expressly agreed, after a minimum/fixed term ends the Service continues month-to-month.
11.5 Cancellation does not remove liability for charges properly incurred before cancellation takes effect.
12. Telephone numbers and porting
12.1 Telephone numbers are allocated and managed under Australian numbering and porting arrangements. You do not own a telephone number merely because it is supplied with a Service.
12.2 We will facilitate eligible ports and transfers in accordance with applicable rules. You must provide accurate information and reasonable assistance.
12.3 Ports may be delayed or fail because of data mismatches, carrier processes, technical issues or other circumstances outside our reasonable control.
12.4 Do not cancel an existing number prematurely where doing so may jeopardise a pending port.
12.5 If you cancel a number without porting it, it may be returned to the relevant carrier or numbering pool and we cannot guarantee later recovery.
12.6 We may take lawful action in relation to numbers associated with suspected scams, fraud, unlawful activity or regulatory/carrier requirements.
13. Equipment and third-party devices
13.1 Title to equipment sold by us remains with us until fully paid where legally permitted. Risk passes as stated in the applicable order or, if not stated, on delivery.
13.2 Hired or loaned Ozetel equipment remains our property. You must take reasonable care of it and return it or make it reasonably available for collection when required.
13.3 Reasonable replacement costs may apply to Ozetel-owned equipment that is not returned or is lost or damaged beyond fair wear and tear.
13.4 You are responsible for ensuring customer-owned or third-party equipment and software is compatible and appropriately configured. We do not guarantee that every third-party device or application will work with a Service.
13.5 We may refuse or restrict equipment or software that creates a material security, network or regulatory risk.
13.6 Consumer guarantees and other non-excludable rights continue to apply.
14. Privacy and confidentiality
14.1 We handle personal information in accordance with our Privacy Policy and applicable privacy and telecommunications laws.
14.2 We may collect, use, hold and disclose information as reasonably necessary to provide, bill and support Services; verify identity, authority and payments; manage networks and security; investigate fraud or misuse; handle complaints and disputes; and meet legal or regulatory obligations.
14.3 Each party must protect confidential information received from the other, except where disclosure is authorised by the agreement, reasonably necessary to provide the Services, consented to, or required or permitted by law.
14.4 Our Privacy Policy is available on our website.
15. Authorised representatives and account ownership
15.1 A person placing an order or acting for a business warrants that they have authority to do so.
15.2 We may rely on instructions from a person we reasonably believe is authorised to act for you, but may require additional identity or authority verification before acting.
15.3 Access to or use of a Service does not automatically confer authority to transfer ownership, obtain a refund or make another high-risk account change.
15.4 A legal change of account ownership may require our transfer process and reasonable verification. We may delay or refuse a transfer where there are outstanding charges or unresolved identity, fraud, security or legal concerns.
15.5 You may appoint an authorised representative in accordance with our published Authorised Representatives Policy.
16. Changes to Services, prices and these Terms
16.1 We may change charges, Services or these Terms from time to time for commercial, carrier/wholesale, technology, network, security, legal or regulatory reasons.
16.2 We will give any notice and cancellation or other rights required by applicable law. Where no specific notice period is required, we will give reasonable notice having regard to the nature of the change.
16.3 Notice may be given electronically, including by email, account portal, invoice/bill message or another agreed electronic method. Website notice may be used where appropriate and permitted by law.
17. Complaints and payment assistance
17.1 Complaints are handled under our Complaints Handling Policy and applicable telecommunications laws and standards. The policy explains how to lodge and escalate a complaint and your rights concerning the Telecommunications Industry Ombudsman.
17.2 If you are experiencing financial hardship or difficulty paying, contact us as soon as possible. Eligible customers may request assistance under our Payment Assistance Policy.
17.3 Nothing in this agreement limits a right to use the Telecommunications Industry Ombudsman or another remedy available under applicable law.
18. Liability and non-excludable rights
18.1 Nothing in the agreement excludes, restricts or modifies the Australian Consumer Law, telecommunications consumer protections or another guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
18.2 To the maximum extent permitted by law, we are not liable for indirect or consequential loss that was not reasonably foreseeable as a result of our breach, or for loss caused by circumstances outside our reasonable control.
18.3 Where the law permits us to limit liability for a failure to comply with a guarantee in relation to services supplied to a person acquiring them for business purposes, our liability is limited, at our option, to supplying the services again or paying the reasonable cost of having the services supplied again.
18.4 Nothing in this clause limits liability to the extent a limitation would be unlawful.
19. Assignment
19.1 You must not transfer the agreement or your rights to another person without our consent and any required account-ownership process.
19.2 We may assign or transfer our rights or obligations as part of a restructure, financing, sale or transfer of our business or Services, subject to applicable law and any required notice.
20. Notices and contact details
20.1 You must keep your email address, telephone number and other material contact details reasonably current.
20.2 We may send notices to the latest contact details recorded for your account or by another method permitted under the agreement or applicable law.
20.3 Our current customer contact details are published on our website. Email: info@ozetel.com.au; Phone: 1300 OZETEL (693 835).
21. General
21.1 The agreement is governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and courts competent to hear appeals, subject to any mandatory law that applies elsewhere.
21.2 If part of the agreement is invalid or unenforceable, the remainder continues to operate.
21.3 A failure or delay in enforcing a right is not a waiver of that right.
21.4 Provisions that by their nature are intended to continue after cancellation or termination survive, including payment, refund/investigation, confidentiality, liability, equipment return and dispute provisions.
21.5 Headings are for convenience only. Singular includes plural and vice versa where the context permits.