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Terms & Conditions

Comvergence Pty Ltd  ACN 116 560 742, ABN 70 291 757 841
Level 2, 38-40 Garden Road, South Yarra 3141 Victoria
Terms and Conditions (Standard Form of Agreement)
Current  as at the 1st of January 2010

Definitions
“Comvergence Pty Ltd”, “Comvergence”, “Our”, “We” and “Us” means Comvergence Pty Ltd.

The “Customer”, “You”, “Their” and “Your” means the end user of our services
“Parties” means “Comvergence” and the “Customer”.
“Service” means the service(s) supplied by Comvergence to the end user.

1 General

By accepting the supply of services from Comvergence Pty Ltd, you accept these terms and conditions. You acknowledge that the terms and conditions, including relevant charges; may be varied from time to time by Comvergence Pty Ltd giving you not less than 14 days written notice.

2 The Service

Comvergence may use third party suppliers and contractors for the supply of services under this agreement. Specific Terms and Conditions relating to the service(s) supplied by Comvergence will be found under the relevant Appendix headers in this agreement.

3 Use of the Service

3.1 The customer must provide the items (if any) necessary to make the connection to our services possible.

3.2 CPE (Customer Premises Equipment) is defined as equipment owned by the customer and located at their premises.

Purchases, Installation and configuration of this equipment and or software used for connecting to the Comvergence services are the responsibility of the customer.

3.3 Equipment Purchased from Comvergence will be covered by an equipment specific warranty. The connection, configuration and installation of any hardware and software purchased from us remain the sole responsibility of the customer. Where possible we will assist in configuring and supporting the hardware/software supplied by Comvergence with your existing equipment and software.

3.4 You acknowledge and agree that Comvergence supplies the Service for your use solely at the premises as kept on record. If you move premises, you must update the details at which premises the service is used. If for any reason the service is not used at the premises as kept on record, Comvergence is not liable for any loss or damage suffered by the Customer if the service(s) cannot be used.

3.5 You agree not to use, or allow another person to use, the Service:

  1. to infringe another person’s rights;
  2. in a manner that may expose Comvergence to liability;
  3. in any way that may damage any Equipment, or interfere with or interrupt the Service or any other telecommunications network, equipment, facilities or cabling controlled or utilised by Comvergence, or any other supplier of telecommunications services;
  4. in any way that may damage any property or injure or kill any person;
  5. to transmit, publish or communicate any defamatory, offensive, abusive, indecent or menacing material;
  6. to make any hoax calls, including calls to an emergency service;
  7. to violate or infringe any duty or obligation owed to any person under law; and
  8. to commit, or in relation to the commission of, an offence under any law of the Commonwealth or any of the States or Territories.
  9. You must not supply this service for re-sale, unless otherwise agreed with Comvergence.

4 Charges & Billing

4.1 The Service is subject to a contract term (“Minimum Service Period”) as stated on the order form. If no contract term (‘Minimum Service Period’) is indicated, the Minimum Service Period will be deemed as one calendar month. Unless otherwise agreed, all services shall be automatically renewed based on the billing period of the particular service after the expiry of the Minimum Service Period.

4.2 You will remain responsible for all installation, configuration, service fees, usage, calls and excess charges incurred by using the service.

4.3 Comvergence will bill you on a monthly basis unless otherwise agreed. Invoices must be paid within 14 days from the date of issue. Payment must be made in full by cash, cheque, credit card, direct debit, BPAY or other methods permitted by Comvergence.

4.4 Comvergence may charge a late payment fee on any overdue amounts. In addition, Comvergence may impose an administrative fee to cover its reasonable expenses and costs incurred in enforcing any failure or delay in your payment.

4.5 Comvergence may charge a monthly processing fee if you fail to pay by an automatic monthly payment method, which is either direct debit or credit card.

4.6 An Invoice may include charges for previous billing periods due to delays in receiving billing information from our suppliers.

4.7 Payments will be first applied to any outstanding balances first before any current balances from the most recent invoice.

4.8 Comvergence may, in its discretion, notify you that the acceptance of your Application and on going use of the service(s) supplied is conditional on you paying a deposit (the amount of which will be specified) in advance. The amount is payable before any services will be delivered. The parties agree that Comvergence will apply the amount of the deposit at its absolute discretion, in payment of invoices issued by it, until such time as the amount of the deposit is exhausted. Once the deposit is exhausted, a further deposit may be required. Alternatively Comvergence may apply a Credit Limit on your Account, which will be determined by Comvergence from time to time based on your payment history.

5 Privacy

Personal information that Comvergence collects from you is collected for the primary purposes of enabling Comvergence to supply services to you and for the administration of your account with Comvergence; including creditworthiness assessment, billing and debt collection in accordance with the Privacy Act 1988 and its amendments. You agree that Comvergence may release your personal information and other information provided to us by you to another carriage service provider if that release is required to enable Comvergence to supply the services to you and to a credit reference agency in connection with Comvergence obtaining from or supplying to that agency information about your creditworthiness.

6 Period Of Agreement

This Agreement shall commence on the date your application is accepted by Comvergence and shall continue until terminated in accordance with these terms and conditions. The Minimum Service Period shall commence on the date the Service is activated. If during the Minimum Service Period this Agreement is terminated by you or is terminated by Comvergence under clause 7.2, you will pay to Comvergence a Termination Charge calculated by multiplying the total recurring monthly service fees by the number of months between the date of termination and the expiry of the Minimum Service Period.

7 Service Suspension and Termination

7.1 Comvergence may terminate this agreement by providing you not less than 30 days written notice. You may terminate this agreement at any time by giving us at least 30 Days written notice but, if the termination is during the Minimum Service Period, you will be liable to the Termination Charges.

7.2 Comvergence may by written notice immediately suspend supply of the Service to you and/or terminate this agreement if:

  1. You fail to pay by the due date any charges payable for the Service and fail to rectify that default within 7 days of receiving from Comvergence a written notice requiring you to do so;
  2. You are declared bankrupt or deceased or if a receiver, liquidator, provisional liquidator or administrator is appointed to your undertakings or assets and that appointment continues for a period of 5 Business Days, or if you enter into any arrangement with any of your creditors or any class of such creditors or if you cease to carry on business;
  3. Comvergence has reasonable evidence that you have breached clause 3 of this Agreement.

8 Liability

8.1 Comvergence does not warrant that the Service will be uninterrupted or fault free.

8.2 The Customer agrees to release Comvergence from any indirect or consequential loss, costs, or damage (including, but not limited to, loss of profits, loss of revenue, and expectation loss) arising out of this Agreement, including, but not limited to, Comvergence’s supply of (or failure to supply) the Service, whether arising as a result of any act, omission or negligence of Comvergence or otherwise.

8.3 To the maximum extent permitted by law, Comvergence limits its liability to you for any liability which may arise out of or in relation to this Agreement, (whether based in contract, or including negligence, or statute) to an amount in aggregate for all claims which is the amounts paid by the Customer for the Services under this Agreement.

8.4 You agree to indemnify us against any loss or damage we may suffer as a result of your use or attempted use or any use of the Service.

9 General

9.1 Headings are for ease of reference only and not as an aid to interpretation.

9.2 The Customer may not transfer legal responsibility for the Service without Comvergence’s written consent.

9.3 The Customer acknowledges that where Comvergence requires the consent of the Customer to undertake certain actions, then provided Comvergence acts in good faith, Comvergence may rely upon the authority of any employee of the Customer who warrants that he or she is authorised to provide that consent on behalf of the Customer.

9.4 Comvergence may set off or apply any credit balance in any of your accounts with Comvergence or any amounts owed by Comvergence to you against any amount due and payable by you to Comvergence.

9.5 Failure by either party to exercise or enforce any right conferred by this Agreement will not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement of the right or of any other right on any later occasion.

9.6 If part or all of any clause of this Agreement is illegal, invalid or unenforceable it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable or if this is not possible, the affected clause or part will be severed from this Agreement, the remaining provisions of this Agreement will continue to have full force and effect and the parties will attempt to replace that severed part with a legally acceptable alternative clause that meets the parties’ original intention in relation to the subject matter severed.

9.7 The Agreement constitutes the entire agreement between the parties as to its subject matter and supersedes any prior understanding or agreement between the parties (including any Memorandum of Understanding) and any prior condition, warranty, indemnity or representation imposed, given or made by Comvergence.

9.8 The Agreement is governed by the laws applicable in the State of Victoria in the Commonwealth of Australia and each party irrevocably submits to the non-exclusive jurisdiction of the courts of that State.

Appendix A – VoIP Services (Including Multiline)

1.0 Service Definition

1.0.1 Comvergence VoIP services allow you to make and receives calls over the Internet or a Voice DSL/Private Network connection to Comvergence using an IP Phone, IP PBX or Adapters/IADs.

1.0.2 Hosted PBX is a telephony service, which provides the functionality, and features of a PABX, however hosted externally over the Internet and interconnected with IP Phones or Adapters/IADs. The Hosted PBX will be issued with a Standard Geographic Number for the listed main service location, known as a Directory Number. Additional Directory Numbers for the service are available upon request. Extensions will be allocated a Direct Indial Number based on the service address of the Hosted PBX.

1.0.3 Fax to Email allows you to receive Standard Fax Messages from both within Australia and Internationally to a Fax Number and sent via email as a PDF file to your designated email address.

1.0.4 Multiline is a bundled Comvergence VoIP services as described above with a Voice DSL tail (either ADSL or SHDSL).

1.0.5 The service will not permit carriage of calls to Data Services (0198), Calling Card Services (189) and VPN Services (188). You acknowledge that Comvergence may use the services of another carrier for supplying the services.

1.1 Numbering

1.1.1 Issue of Numbers (Geographical Based Numbers)

  1. Comvergence may issue a Number to the Service and vary that Number in accordance with any national regulatory policy on numbering made pursuant to the Telecommunications Act.
  2. The selection, issuing and use of Numbers is governed by the Authority’s numbering plan and directions relating to numbering, and you agree that you must accept and comply with the requirements of the Authority or any other body from time to time that administers or oversees the allocation of Numbers.
  3. Comvergence may be required by law to withdraw, suspend or reassign a Number assigned to you, and Comvergence will not be liable to you for any loss or damage incurred or sustained by you if Comvergence is so required.

1.1.2 Local number portability (“LNP”)

You acknowledge that:

  1. Comvergence may not be able to provide local number portability for existing number(s), which you use for telecommunication services obtained from other Carriers or Carriage Service Providers. Comvergence provides no guarantee that we can port your telephone number(s) from your current Service Provider. Your current Service Provider may reject this port request if the information you provide is incorrect or does not match the data held by them. In this case you authorise Comvergence to correct the information and resubmit the request to port your telephone number or dispute the rejection by your current Service Provider or to dispute the rejection by your current Service Provider. A porting request may also be rejected for other reasons as stated in the LNP Industry Code.
  2. Some numbers allocated by Comvergence may not be able to be ported out from Comvergence. Comvergence is not obliged to procure for and/or provide to you any particular number allocated or assigned to you by another Carrier or Carriage Service Provider. Comvergence will not be liable to you for any loss or damage incurred or sustained by you if such number is not, or is no longer, available or any outage caused by LNP.
  3. You must not deactivate your service with the other service provider, until after the number is ported to Comvergence
  4. You can only withdraw your request for Number Portability before the Electronic Cut-over request is received. You will be responsible for any costs involved with relation to the Emergency Porting back of a number to the existing service the number(s) belonged to.
  5. Comvergence does not warrant that the telephone number(s) will be ported within any specified timeframe. Porting Hours of Operation are 9am to 5pm AEST/AEDST Monday to Friday, excluding National Public Holidays. Cutover can only be initiated at least 3 business days after the porting Notification Advice is sent by Comvergence to your current Service Provider. If a port request is rejected and needs to be resubmitted, cutover cannot take place for at least another 3 business days after the request is resubmitted.
  6. Only your telephone number(s) will be transferred to Comvergence. This may result in the loss of any Value Added Services that are associated with the service provided by your existing Service Provider (eg Voicemail).
  7. If you wish to port your telephone number(s) from Comvergence to another Service Provider, then you must contact the other Provider.
  8. Comvergence reserves the right to charge a fee for porting your telephone number(s) to or from Comvergence.
  9. Local Number Portability (LNP) does not guarantee you can keep your telephone number(s) if you move to a different geographic location or Standard Zone Unit as defined within the Telecommunications Act.
  10. By porting telephone number(s) to Comvergence, the service associated with that telephone number is disconnected from the existing service provider’s network and may result in finalisation of the account for that service.
  11. By porting the telephone number(s) to Comvergence, any DSL/Spectrum Sharing service associated with the telephone number(s) will be disconnected and may result in finalisation of the DSL Spectrum Sharing account for that service;
  12. You may have outstanding contractual obligations and costs owed to your current Service Provider, which may include early termination fees and porting fees. Comvergence is not liable for any such costs.

1.1.3 Numbering and Call Charges

You acknowledge that:

  1. A local call charge will only apply to other calls made to the area where your geographic number is located or the adjacent call zone.
  2. People who call you from outside the SZA (Standard Zone Area) of your Number may be charged a timed call from their Telecommunications Carrier. The Standard Zone Area is the Geographic location of your number and where callers from the same zone area can call you for a local call charge.
  3. When you move outside the geographic area or the SZA (Standard Zone Area) of where your virtual Number is located, we may be required to change your virtual number to the area where your service is now located.

1.2 Caller line identification

You acknowledge that when:

  1. a call is made using a Service, the CLI may automatically be sent to the telecommunications equipment of the person receiving the call; and
  2. a call is received using a Service, the CLI of the calling party may be displayed or recorded by the Equipment, unless CLI is barred by the person making the call. You must comply, and use reasonable endeavours to ensure that any third parties using the Service comply with applicable privacy and other guidelines as well as industry codes of practice on the use and capture of CLI.
  3. Internal Hosted PBX Extensions without a Direct Indial Number will have the directory number CLI of their Hosted PBX sent to the Network, except from within the Hosted PBX (eg. Between Extensions).
  4. Services without a Geographic number (Outbound/Call Termination Services Only) will not have their CLI sent outside the Comvergence Network regardless of it being blocked or allowed.

1.3 Integrated Public Number Database

You acknowledge that Comvergence is obliged by law to supply specified Customer Information with respect to any person who is allocated a Number under clause 1.1 for the purposes of the Integrated Public Number Database. The information held in this database may only be provided for an approved purpose to approved organizations such as directory information organisations or the assistance of emergency service or law enforcement organizations. If you require that your Customer Information that appears on that database be altered, you must request such alteration in writing.

1.4 Service availability, quality

1.4.1 General acknowledgment

The parties acknowledge that it is technically impracticable for Comvergence to guarantee that the Service will be available in each area, that capacity will be available at all times to make and receive calls, or that the Service will be free from faults or errors. Comvergence undertakes to provide the Service using all the reasonable care and skill.

1.4.2 Reliance on other networks

You acknowledge that the Service may rely upon the operation of Supplier Networks operated by other Carriers and services provided by other Carriage Service Providers (such as the customer’s internet service). You further acknowledge that Comvergence is unable to guarantee the operation of and the use of the service through Supplier Networks or other carriers and carriage service provider’s services. Any failure of a Service caused by another network or service beyond the control of Comvergence; Comvergence will not be responsible, or liable to you, for such failures.

1.4.3 Fault reporting

  1. Comvergence will provide a fault reporting service between the hours of 9.00 a.m. and 5.30 p.m. AEST, on Business Days.
  2. Where a fault is reported (irrespective of whether you reported it), you agree to provide all necessary assistance to enable the location and repair of any fault which arises in the Comvergence Network or the Supplier Network with which the Comvergence Network is interconnected.
  3. Where Comvergence determines that there is a fault within the Comvergence Network, it is responsible for correcting that fault. Comvergence is not responsible for:
    1. any fault which is within a Supplier Network of an interconnected Supplier, although Comvergence will notify that Supplier of the fault and request that it be corrected promptly; or
    2. any fault which is caused by your equipment, your internet service provider (if not Comvergence) or the Premises, but will, where possible, advise you of that fault and its probable cause and location.

1.4.4 Maintenance

  1. Without limiting clause 1.4.1, you agree that Comvergence may from time to time, conduct maintenance on and of the network and infrastructure through which the Service is provided. Comvergence will try to conduct such maintenance outside Business Hours, but you acknowledge that it may not always be possible for Comvergence to do so.
  2. You agree that Comvergence will not be responsible for rectifying any fault in the Service if that fault arises in or is caused by a network or infrastructure of another supplier of telecommunications services, your own equipment or any other infrastructure, equipment or facilities that are outside Comvergence’s reasonable control or responsibility.

1.4.5 Acknowledgement

You confirm that Comvergence does not warrant, and has not represented, that the Service is or will be free of errors, defects or interruptions, or that it will be available at all times. You acknowledge that you will use the Service for the purpose of making voice calls. Comvergence does not guarantee the service for the transmission of data (such as internet dial up connections) and fax.  You also acknowledge that you may not be able to use the service if electricity or an active online Internet connection is not supplied to the equipment used and is unable to subsequently connect to the service.

1.4.6 Access to Emergency Services and Priority Services

Without limiting the Service Description, you acknowledge that the Service relies on a supply of electricity and a current and active Internet service that is able to connect to our Network. The service may not enable you to connect to Emergency Services if that supply of electricity fails, there is a fault with your Internet service that connects you to our service or your Internet connection is not active. Therefore the Service is not a full replacement or substitute for a standard telephone service and a secondary phone service should be available should you need to call Emergency Services. The Service should not be used, as a first choice, to make an emergency call. Comvergence is under no liability if you are unable to access Emergency services from the service at anytime.

You are required to ensure that our records as to the location of the service are up-to-date as calls to emergency services rely on this information and otherwise unless indicated the service should not be used as a portable phone solution. You may need to give your Information to the Operator (including Full Address and Telephone Number details) each time you make a call to emergency services.

2.0 Comvergence may from time to time provide to you an updated Rate Card for the service, which will take effect 14 days after the date Comvergence issues the updated Rate Card.

Appendix B – Data Services

1.0 Service Definitions

1.0.1 Comvergence Internet is an Internet service by which you access to the World Wide Web and other connected Internet Networks via a Permanent connection using either ADSL or ADSL+2 in conjunction with a PSTN Telephone Service or an ADSL/SHDSL Service on a ULL or On-Net  Circuit, Wireless, DDE/DDFE, Ethernet, Serial or other medium back to Comvergence. Comvergence cannot guarantee the availability of a DSL at your service address. You acknowledge that Comvergence may use the services of another carrier for supplying the services. If your service is ADSL or ADSL+2 and not on a ULL Circuit, for the length of your connection you will be required to maintain the PSTN Telephone service and service number that the service has been provisioned on. A ULL Circuit is a Copper Pair from the customers nearest exchange used only for the service. An On-Net Circuit is a service that is provided in a building where Comvergence has equipment and the service is delivered either by Ethernet or DSL.

1.0.2 Comvergence Virtual Private Networks (“VPN”) is a private networking service between multiple sites. Comvergence cannot guarantee the availability of the requested Access Services at your service address(s).  Access services can be Dialup, ADSL, ADSL+2, SHDSL, DDE/DDFE, Ethernet or Serial. A Standard Port is just access only between your VPN Sites. A Comvergence Voice DSL is access directly to Comvergence’s VoIP Network, through a DSL Connection. An Internet Port is proxy access to the Internet from your VPN service. A QoS Port prioritises your traffic coming through your VPN Service. A Meetme Port is where you interconnect with the Comvergence Network with your own tail. You acknowledge that Comvergence may use the services of another carrier for supplying the services. If your service is ADSL or ADSL+2 and not on a ULL Circuit, for the length of your connection you will be required to maintain the PSTN Telephone service and service number that the service has been provisioned on.

1.0.3 Comvergence Dialup is an Internet service by which you access to the World Wide Web and other connected Internet Networks via a Semi-Permanent connection using a PSTN Telephone Service and a PSTN Modem to connect.

1.1 Any IP Addresses assigned to you by Comvergence remain the sole property of Comvergence, may be changed or revoked by Comvergence at any time at our discretion and are not transferable.

2.0 Data Charges

2.1 The quantity of Data Transferred by a Service is measured as the total number of bytes passing from the Internet through to your service. All data quantities are measured in bytes, with 1 kByte = 1000 Bytes, 1 Mbyte = 1,000,000 Bytes, and 1 Gbyte = 1,000,000,000 Bytes.

2.2 Data is only metered for traffic coming from the Internet to your Internet Service (Downloads), unless otherwise mentioned in the service rate card.

3.0 Comvergence may from time to time provide to you an updated Rate Card for the service, which will take effect 14 days after the date Comvergence issues the updated Rate Card.

Appendix C – Value Added Services

1.0 Service Definitions

1.0.1  SMS & Fax to Email allows you to send SMS & Faxes nationally and internationally. Additionally SMS messages can be replied to and from the receiver and delivered back to the email address you sent the message from.

1.0.2 Web Hosting allows you to host your Email and Website virtually on the Comvergence Network. Service includes access to MySQL, PHP, FTP Access, CGI-BIN, IMAP and POP3 Email Support. Data is metered in both directions for Website and FTP Traffic. Service does not include Backup Facilities. Limited SPAM Filtering and Virus Checking is included with the service for Email Accounts. Includes Primary and Secondary DNS Hosting for the domain used with the service.

1.0.3 Email Hosting allows you to host your Email virtually on the Comvergence Network. Service includes access to IMAP and POP3 Email Support. Service does not include Backup Facilities. Limited SPAM Filtering and Virus Checking is included with the service for Email Accounts. Includes Primary and Secondary DNS Hosting for the domain used with the service.

1.0.4 Domain Name Services available from Comvergence provide for the registration, renewal and Maintance of Domain Names through Comvergence.

2.0 Web Hosting Services

2.1 Any IP Addresses assigned to you by Comvergence remain the sole property of Comvergence, may be changed or revoked by Comvergence at any time at our discretion and are not transferable.

2.2 Data Charges

The quantity of Data Transferred by a Service is measured as the total number of bytes passing from the Internet through to your Web Site or FTP Facility. All data quantities are measured in bytes, with 1 kByte = 1000 Bytes, 1 Mbyte = 1,000,000 Bytes, and 1 Gbyte = 1,000,000,000 Bytes.

3.0 Comvergence may from time to time provide to you an updated Rate Card for the service, which will take effect 14 days after the date Comvergence issues the updated Rate Card.

Appendix D – 13/1300/1800 Services

1.0 Service Definition

The Comvergence 13/1300/1800 Service is a flexible inbound calling service.  Business customers can use these services to enable their clients to call them at a subsidised call charge using certain 13, 1300, 1800 prefixed numbers.  Each Freephone Service has a single service number that is ten digits (of the form 1800 XXX XXX).  Each Local Rate Service has a single number that is either ten digits (of the form 1300 xxx xxx) or six digits in length (of the form 13 XX XX).  Calls to a Freephone and Local Rate Service Number(s) can be made from most telephone services in Australia and are routed to customer nominated numbers/sites within Australia.

2.0 You acknowledge and agree that:

  1. You must specify on the Order Form if the Service is to be used regularly as a High Calling Service;
  2. If the Service is not nominated as a High Calling Service but you anticipate an event that will or may cause your usage of the Service to exceed the High Calling threshold, you must, as soon as possible, give to Comvergence prior written notice of such an event;

You have no right, title or interest in any number provided as part of the Service.  However, where Comvergence ceases to be your Authorised Agent, Comvergence agrees to transfer your Service to another provider.

3.0 Comvergence may from time to time provide to you an updated Rate Card for the service, which will take effect 14 days after the date Comvergence issues the updated Rate Card.

Appendix E – Long Distance and Rebill Services (Including PSTN and ISDN Services)

1.0 Service Definition

1.0.1 Long Distance Services
Long Distance Preselection
is a telephony service by which your national long distance calls, calls to mobiles, and international calls will be carried by Comvergence and includes Override.  Override enables you to dial, or have programmed into your PABX an override access code. If the Override Code is used, in addition to long distance calls, calls to mobiles, international calls, local calls will be carried by Comvergence.  Business Preselection and Business Override will not permit carriage of calls to Freephone Services (18), Local Rate Services (13), Premium Rate Services (19), Data Services (0198), Satellite Mobile Services (014), Calling Card Services (189), Paging Services (016), VPN Services (188), and UPT Services (05).

1.0.2 PSTN/ISDN Services
PSTN/ISDN Services are provided by Telstra and are Packaged and Rebilled to your Comvergence Account. PSTN/ISDN Services are only available where Long Distance Preselection is also taken. PSTN is a standard analogue connection and supports voice, facsimile, EFTPOS, broadband or dial-up Internet. ISDN is a digital connection available in configurations of 2, 10, 20 or 30 lines. It supports high-speed digital transmission of voice, image and facsimile traffic and services such as EFTPOS, and high-speed data calls and can be connected to a PABX. Line Rental, Equipment, Calls Types that are not preselected (e.g. Local Calls) and Supplementary/Value Added services (e.g. Messagebank) will be rebilled by Comvergence.  For a description of Telstra services, please refer to Telstra’s Standard Form of Agreement (‘Telstra SFOA‘), a copy of which can be found at www.telstra.com.

2.0    Long Distance Services (Long Distance Preselection and Override)

2.1 You will be charged for all calls from the specified service numbers carried using the override access code or Preselection (whether such calls were made with your authority or not) based on the rates specified on the Rate Card. Comvergence may from time to time provide to you updated Rate Card, which will take effect 14 days after the date Comvergence issues the updated Rate Card.

2.2 You will remain responsible to your usual carriage service provider for all charges for non-Comvergence carried calls (Preselect or Override) made on that access line, if that Access Line is not rebilled by Comvergence.

2.3 Preselection of a Service can take up to 10 Business Days.

3.0    Rebill Services (PSTN/ISDN)

3.1 Connection of New Service
We will connect the Service during our normal business hours (8.00am to 5.00pm (local time), excluding weekends and public holidays. The Comvergence Telstra Rebill service must be provisioned through Comvergence and Telstra’s standard installation charges may apply where appropriate. Telstra is responsible for the supply of Telstra services to you. The provision of Telstra services to you is governed by terms and conditions imposed by Telstra under a Standard Form of Agreement (“Telstra SFOA”) in relation to the relevant Telstra service. Comvergence is not a party to that Telstra SFOA and is not responsible for any failure by Telstra to provide any Telstra service to you.

3.2 Amendments to Rebill Services
If requested, we will make amendments to the Service during our normal business hours (8.00am to 5.00pm (local time), excluding weekends and public holidays). These amendments to the Service will incur additional Charges, which we will advise you of when you request an amendment.

3.3 Service Availably
The availability of a Telstra service is governed by the SFOA in relation to that service. Comvergence is not a party to that Telstra SFOA and is not responsible for any failure by Telstra to make that service available to you or to provide maintenance in respect of that service. Comvergence will invoice you for Telstra services used by you, as notified to Comvergence by Telstra.

3.4 Changes, Additions, Moves and Fault Reporting
All Changes, Additions, Moves and Fault Reporting for Rebilled services are handled by Comvergence.

3.5 Billing
Unless the rate of the Rebilled service is specified in the Rate Card, Comvergence will Rebill the Telstra Charge as defined in the Telstra SFOA. All Billing Disputes for Rebilled services provided by Comvergence must be directed to Comvergence. You will be charged for all calls from the specified service numbers (whether such calls were made with your authority or not) based on the rates specified on the Rate Card or in the Telstra SFOA. Comvergence may from time to time provide to you updated Rate Card, which will take effect 14 days after the date Comvergence issues the updated Rate Card. Any changes to charges that are passed on from Telstra will be available in the Telstra SFOA or by contacting Comvergence.

3.6 Authority and Transfer of Services
Upon agreeing to the Transfer your service to Comvergence, you authorise Comvergence to sign on your behalf any agreement for the transfer of these services from your current provider. You will remain liable for any charges from your existing provider until the service is transferred to Comvergence. Services can take up to 10 Business Days to transfer your service to Comvergence.

Appendix F – Mobile GSM/3G Services

1.0 Service Definition

1.0.1 GSM Mobile Services
GSM Mobile Services are provided by Vodafone and are Packaged and Rebilled to your  Comvergence Account. This gives you access to Vodafone’s National GSM/3G Mobile Phone Network with roaming facilities in parts of Regional Victoria and Tasmania on Telstra’s GSM Network and access to International Roaming Facilities.

2.0 Mobile Service

2.1 Comvergence does not guarantee service in any area. You acknowledge that the services are not available in all areas, are not free from faults or interruptions and may not be able to be used in some buildings, or at certain times. Detailed coverage maps are available. Coverage will be affected within covered areas by, but not limited to, local obstructions, radio interference, and location and strength of antennae.

2.2 Where you request a roaming service overseas, you agree to pay all call charges in connection with the provision and use of the roaming services, including local taxes and surcharges.

2.3 Connection and Porting of Numbers – Comvergence will only arrange for the Connection of Services and Porting of Numbers during Business Hours. Porting may take up to 24 hours to be approved due to delays with DOB/Account Number validation delays with other providers. Comvergence is not liable should we not be able to port your existing number from your current service provider.

2.4 Billing – Unless the rate of the Rebilled service is specified in the Rate Card, Comvergence will Rebill the Vodafone Charge as defined in the Vodafone SFOA (“Standard Form of Agreement:)”). All Billing Disputes for services provided by Comvergence must be directed to Comvergence. You will be charged for all calls or services used from the specified service numbers (whether such calls were made with your authority or not) based on the rates specified on the Rate Card or in the Vodafone SFOA. Comvergence may from time to time provide to you updated Rate Card, which will take effect 14 days after the date Comvergence issues the updated Rate Card. Any changes to charges that are passed on from Vodafone will be available in the Vodafone SFOA or by contacting Comvergence.

2.5 All SIM Cards issued by Comvergence remain the Property of Comvergence.

2.6 Changes, Additions, Moves and Fault Reporting – All Changes, Additions, Moves and Fault Reporting for Mobile services are handled by Comvergence.