Customer Care Phone Number: 1300 78 30 67 Email: email@example.com
Crunch collects Personal Information primarily to supply customers with the products and services ordered from it and its related companies. We will only collect Personal Information where the information is necessary for Crunch to perform one or more of its functions or activities. Personal information held by Crunch can include your name, date of birth, current and previous addresses, phone numbers including landline and mobile, email addresses, bank account details, credit card information, occupation, drivers licence number and any Crunch login details and passwords. It is up to you whether you choose to supply personal information that we request from you. However, if you decide not to provide certain personal information we may not be able to provide you with the services you wish to ensue with Crunch. If you choose to elect an Advocate or Authorised Representative as part of your service with Crunch you may need to provide us with personal information about that person such as name, date of birth and the relationship that person has with you. If this is the case we rely on you to inform that individual that you are providing their personal information to Crunch and to advise them that if they have further questions they can contact Crunch for further information.
How Crunch collects personal information
Crunch collects personal information in a number of ways, including:
- directly from you, when you provide information by phone, email or in application forms or when you submit your personal details through our website
- from third parties such as our related companies, credit reporting agencies or your authorised representatives;
- from publicly available sources of information;
when legally required to do so as under the Telecommunications Determination 2000 Crunch also collects and uses Personal Information for secondary purposes including:
- Billing and account management
- Business planning and product development
To provide individuals with information about promotions, as well as the products and services of other Crunch companies and other organisations. Crunch will notify individuals of the matters listed below before collecting any Personal Information.
The main reason that we are collecting Personal Information
- Other related Uses or Disclosures that we may make of the Personal Information
- Our identity and how individuals can contact us.
- That individuals can access the Personal Information that Crunch holds about them
- Individuals should contact our customer service department if they wish to access, correct or alter Personal Information collected by Crunch
- Organisations to which we disclose Personal Information to
Where it is not practicable for Crunch to notify individuals of all of the Collection Information before the collection of the Personal Information, Crunch will ensure that individuals are notified of the Collection Information as soon as possible after the collection.
How Crunch uses your personal information
Crunch will obtain an individual’s consent for use of non-sensitive Personal Information for Secondary Purposes at the time of collection. Crunch will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date. Crunch may use your personal information for the following reasons
- verify your identity;
- assist you to subscribe to our services;
- provide the services you require;
- administer and manage those services, including charging, billing and collecting debts;
- inform you of ways the services provided to you could be improved;
- conduct appropriate checks for credit-worthiness and for fraud;
- research and develop our services;
- gain an understanding of your information and communication needs in order for us to provide you with a better service; and
- Also, your personal information is collected so that we can promote and market services to you (including by way of direct mail, telemarketing and email). This is to keep you informed of products, services and special offers and may continue after you cease acquiring services from us. If you do not wish us to contact you to promote and market products, services and special offers to you, please call 1300 78 30 67.
When we disclose your personal information
Crunch may disclose your personal information to organisations outside of Crunch. Crunch may Disclose Personal Information to related or unrelated third parties if consent has been obtained from the individual. This will include obtaining the individual’s consent for Disclosures made under the credit reporting requirements of the Privacy Act. Your personal information is disclosed to these organisations only in relation to us providing our services to you. These organizations carry out our:
- customer enquiries;
- mailing operations;
- billing and debt-recovery functions;
- information technology services;
- installation, maintenance and repair services;
- marketing and telemarketing
- market research; and
- website usage analysis.
We take reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
Crunch will take reasonable steps to ensure that its contracts with third parties include requirements for third parties to comply with the Use and Disclosure requirements of the Privacy Act and ensure that these organisations are bound by confidentiality and privacy obligations. In addition, Crunch may disclose to:
- your authorised representatives or your legal advisers
- credit-reporting and fraud-checking agencies;
- credit providers
- our related companies;
- our professional advisers, including our accountants, auditors and lawyers;
- other telecommunication and information service providers (for example, if you obtain services from other providers, we may need to disclose your personal information for billing purposes);
- government and regulatory authorities and other organisations, as required or authorised by law; and
- organisations who manage our business and corporate strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our corporate risk and funding functions (e.g. securitisation)
If a Disclosure is not for a Primary Purpose; is not for a related Secondary Purpose; or upfront consent has not been obtained, Crunch will not Disclose Personal Information otherwise than in accordance with the exceptions set out above.
Quality And Accurateness Of Information
How Crunch ensure accuracy of information
Crunch takes all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete and up to date. We will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.
The accuracy of this personal information depends however to a large extent on the information you provide Crunch with. It is important that you contact Crunch to let us know if any of the information we have collected is incorrect or if any of your personal details have changed.
Handling Personal Information
How Crunch handles your personal information internally
Crunch requires employees and contractors to perform their duties in a manner that is consistent with Crunch’s legal responsibilities in relation to privacy. Crunch will take all reasonable steps to ensure that paper and electronic records containing Personal Information are stored in facilities that are only accessible by people within Crunch who have a genuine “need to know” as well as “right to know” basis Crunch will review, on a regular and ongoing basis, its information security practices to ascertain how ongoing responsibilities can be achieved and maintained.
How Crunch transfers personal information overseas
If Personal Information must be sent by Crunch overseas for sound business reasons; Crunch will require the overseas organisation receiving the information to provide a binding undertaking that it will handle that information in accordance with the Australian National Privacy Principles, preferably as part of the services contract.
Access And Correction
You can access your personal information
Crunch will allow its records containing Personal Information to be accessed by the individual concerned in accordance with the Privacy Act. Crunch will correct its records containing Personal Information as soon as practically possible, at the request of the individual concerned in accordance with the Privacy Act.
Individuals wishing to lodge a request to access and/or correct their Personal Information should do so by contacting Crunch in writing at the contact details listed below. Crunch reserves the right to charge a fee for searching for and providing access to your information.
How to contact us
If you have any questions in relation to privacy, please contact us on 1300 78 30 67 between 8.00am and 9.00pm, Monday to Friday. Please note that this number is for general service enquiries so when calling in regard to Privacy please ask to speak to our Privacy Liason.
Changes to this document
Similar to our other policies we regularly review and edit this document so as to ensure its effectiveness and accurateness. We do so at the discretion and may do so without notice. The latest version will be available on our website www.Crunchtel.com.au and when we do make changes to it the changes will be posted on our website.
Customer Care Phone Number: 1300 78 30 67 Email: firstname.lastname@example.org
The Crunch Tel fair Usage Policy is to ensure all eligible Crunch Tel Customers are able to obtain complete benefits from our Products & Services. For this reason we have put this Policy which applies to usage that is excessive or unreasonable of our Landline Products & Services in place for the following products: Crunch Tel Landline Product Names
- CrunchBiz 34.95
- CrunchBiz 49.95
- CrunchBiz 59.95
- CrunchBiz 89.95
- CrunchHome 34.95
- CrunchHome 49.95
- CrunchHome 59.95
- CrunchBiz 89.95
Crunch Tel ADSL Product Names:
- Crunch Unlimited 59.95
- Any other Promotions or Plans being advertised which are subject to the Crunch Tel Landline Fair Usage Policy.
- Crunch Tel reserves the right to adjust the terms & excessive usage limits of this Policy from time to time as it may deem fit.
Crunch Tel considers unreasonable usage as the use of any product or service offered by Crunch Tel to be fraudulent, or if the service is used for unauthorised, criminal or unlawful activities, or adversely affects other Crunch Tel Customers’ use of Crunch Tel Products & Services. Unreasonable Usage also refers to seeking out newer ways or devising methods that are not a part of your normal business activity or any of our services being connected or associated with a device which alters its normal use. Crunch Tel also considers Unreasonable Usage to the use of Untimed & Unlimited Calls for non – personal, commercial purposes. Crunch Tel considers Commercial Purposes to be: Calls made for a business operated at home, running a Telemarketing Business or Call Centre, SIM Boxing, reselling the services or other similar business activities.
Breach Of This Policy:
In connection to the Unreasonable or Excessive Usage of all affected products, Crunch Tel may contact you in relation to your use, and if the Unreasonable or Excessive Use continues, may:
- Suspend or Limit the Service (or a certain feature of it) for a reasonable timeframe.
- and/or Crunch Tel may start charging you at standard rates of a similar service for your usage and may then ask you to reduce your usage.
- Crunch Tel may also deny access to our discounted or special capped plan rates.
- Terminate the Agreement with the concerned person or company.
Some personal/residential and small business customers who are experiencing financial hardship may been titled to special arrangements for Crunch Tel bills they cannot immediately afford to pay.
Depending on your circumstances, there may be options for helping to manage your financial difficulty e.g. payment plans, service restrictions and spending caps.
Eligibility is set out in Crunch Tel’s Financial Hardship Policy. Contacting us about financial hardship
|Name/Position:||Customer Service||9am-5pm AEST|
|Telephone:||1300 78 30 67||All hours – processed during business|
|Email:||email@example.com||All hours – processed during business hours|
|Postal Address:||Level 7, 80 Pacific Highway North Sydney NSW 2060||All hours – processed during business hours|
|Fax:||1300 78 30 67||All hours – processed during business hours|
The Financial Hardship Officer can provide more information and a copy of our policy. You can also access it in our web site. Information we may require
To process a financial hardship enquiry or application, we first ask for an Application (which is attached to this Summary) that identifies you, your account, and other basic information. You must send it, and any other supporting documentation we require, to the email address, postal address or fax number above, addressed to ‘Financial Hardship Officer, Crunch Tel’.
We may require further documentation, depending on the nature and circumstances of your claim eg (if relevant):
- evidence that you lost employment;
- evidence that you have consulted a financial counselor;
- a statutory declaration by you;
- a statutory declaration by someone familiar with your circumstances;
- a medical certificate.
Our assessment of an application may be based on the information you provide or other information available to us. If the information you provide is not sufficient for us to make an assessment, we will tell you that, and what other information is required. If you do not provide information as requested, an assessment may not be made. Provision of false or incomplete information may result in us cancelling any hardship arrangements. How we assess an application – generally We try to be flexible, since there are many different possible circumstances. But generally: We will check that the amount involved is not disputed. If it is, our Complaints Policy applies instead.
- We’ll assess whether the application meets the definition for financial hardship.
- We’ll consider if non-payment of amounts is reasonable in all the circumstances.
- Then we’ll consider whether your reason for being unable to pay falls into those relevant under our Financial Hardship Policy.
- Then we’ll consider whether a financial hardship arrangement could assist you.
- Then we’ll consider an appropriate arrangement under our Policy and the Telecommunications Consumer Protections Code C628:2012 and propose it to you. Where possible and appropriate, we will provide you with flexible repayment options to meet your individual circumstances.
- We will make an assessment within 7 working days after you provide the last of any information or supporting documentation we reasonably require.
Crunch Tel ADSL Product Names:
A proposed financial hardship arrangement has no effect unless and until you accept it. If you do not accept a proposed arrangement within 10 days, it is no longer open for acceptance. (But if you do not accept in that time for good reason, we will not unreasonably refuse to extend the proposal.)
If it becomes clear to us at any time that you do not meet the criteria for arrangement or assistance, we will inform you immediately.
Your rights and obligations if we enter a financial hardship arrangement
- You, and we, must comply with an agreed financial hardship arrangement.
- We will give you written details of the arrangement if you ask for them.
- We will not pursue credit management action over a debt while a financial hardship arrangement covering that debt is in place and you are complying with it.
- You must promptly advise us if your circumstances change during the term of the financial hardship arrangement.
Contacting your local Financial Counsellor or Consumer Advocate, who may be able to assist or advise for free.
|QLD||Financial Counselling Services of QLD||(07) 3257 1957|
|NSW||Credit and Debt Hotline||1800 808 488|
|ACT||Care Financial Counselling||(02) 6257 1788|
|VIC Consumer||Credit Legal Service||(03) 9602 3800|
|SA||Uniting Communities Financial Counselling||(08) 8202 5180|
|WA||Financial Counsellors Resource Project||(08) 9221 9411|
|NT||Anglicare Financial Counselling||(08) 8985 0000|
You have a right to complain, and if you do we will deal with your complaint in a fair, efficient, objective manner and through a transparent process.
We strive to solve any problems you may have during your first contact with us.
Our complaint handling process complies with the requirements of the Telecommunications Consumer Protections Code C628:2012 (TCP Code) and responsibility for compliance with the process lies with our Chief Executive Officer.
Free Of Charge:
We will not charge you for dealing with your complaint in most instances, and we will never charge you without telling you first.
We may charge you to recover our costs in very specific circumstances only, i.e. we may charge you where you request information that was collected more than two years ago or where you request information that is not free of charge as per our Standard Form Customer Contract or our Critical Information Summary.
If cost recovery charges apply, we will tell you before charging you (and you may of course choose not to pay and discontinue your complaint) and we will inform you about your options for external dispute resolution, e.g. the Telecommunications Industry Ombudsman (TIO).
How To Make A Complaint?
- If you wish to complain, please contact us:
- Customer Care phone 1300 78 30 67
- Customer Care mail firstname.lastname@example.org
- Customer Care fax 1300 78 30 68
- Customer Care postal PO Box 862 South Yarra, Victoria, 3141
If you are calling us from a landline, your call is charged at the cost to make a 1300 number phone call- 45cents. Note that calling us from a mobile may be more expensive.
We will help you formulating, lodging and progressing your complaint if you request this.
Of course you can appoint an authorised representative or advocate making a complaint on your behalf. For help with how to appoint an authorised representative, please go to http://crunchtel.com.au/authorized-representative-form.html for more information and appropriate forms to nominate a person.
- evidence that you lost employment;
- evidence that you have consulted a financial counselor;
- a statutory declaration by you;
- a statutory declaration by someone familiar with your circumstances;
- a medical certificate.
What We Will Do:
We will acknowledge your complaint immediately if you complained or talked to us over the phone, and within 2 working days if you have lodged your complaint through any other channel including where you left a message on our answering machine (e.g. outside our office hours).
When we acknowledge your complaint we will give you a unique reference number or similar to enable you to easily follow up on your complaint. We will also give you an indicative time frame for resolving your complaint. You can follow up on your complaint at any time by contacting our customer care teams on the means as listed above.
Our goal is to always fix your problem during your first contact with us.
Sometimes this is not possible and we need to investigate the matter. We will then agree with you on how to fix your problem (this may include waiving of fees or other commercial solutions) and advise you accordingly within 15 working days of receiving your complaint. We will advise you in writing if you request this.
Occasionally it may take longer than 15 working days to investigate your problem and in this case we will explain why and give you a new expected timeframe.
If the delay is more than 10 working days (and is not the result of a Mass Service Disruption) we will also inform you about your options for external dispute resolution such as the TIO.
Once we agree on how to fix your problem, we will implement all actions required to fix the issue within 10 working days, unless you agreed otherwise or unless you have not done something that we needed you to do and we cannot proceed because of this.
What If Your Complaint Is Urgent?
Your complaint will be treated as urgent
- if you have applied for being in financial hardship under our Financial Hardship Policy and the issue you are complaining about directly contributes to the Financial Hardship you are experiencing, or
- if your service has been disconnected or is about to be disconnected and due process has not been followed, or
- if you are receiving Priority Assistance (e.g. because of a severe medical condition) for the service you are complaining about.
In this case we will agree with you on how to address the issue and implement all required actions to fix the issue within 2 working days. If there is a delay, we will explain why, provide you with a new expected timeframe, and if it is a longer delay also inform you about your options for external dispute resolution such as the TIO.
If You Are Unhappy With Our Efforts:
If you tell us that you are not satisfied with the complaint timeframes, its progress or the outcome or if you tell us your complaint ought to be treated as urgent, we will escalate your complaint internally. If you are still dissatisfied, we will inform you about your options for external dispute resolution such as the TIO.
We will never cancel your service only because you have contacted an external dispute resolution scheme.
Telecommunications Industry Ombudsman (TIO)
We encourage you to always contact us first if you experience any problem or are unhappy. We will do our best to solve your problem during our first contact.
You can contact the TIO as follows: Fax: 1 800 630 614 Fax: 1 800 630 614 Online: http://www.tio.com.au/making-a-complaint
The Do Not Call Register has been established by the Australian Government in response to increasing community concern about the growth in unsolicited telemarketing calls.
We respect your privacy and if you are registered on the Do Not Call Register, we will not contact you unless you are a Crunch Tel customer or have specifically expressed interest in Crunch products and services.
Should you wish for Crunch Tel not to contact you, you can request your number to be removed either in writing or by contacting our Customer Care team on 1300 78 30 67. Please note that you will need to specify each service number should you have multiple lines.
Please allow 30 days for your requested numbers to be removed from our database.
Crunch Tel Pty Ltd. will provide you, our Customer, with the services in accordance with these terms and conditions and where relevant, the applicable charges notified to you from time to time, the application for service once accepted by us, the customers consent, the authority for transfer of telecommunications services (Agreement).
1. Provision Of Service
1.1 General: Crunch Tel will provide you with local, national, fixed-to-mobile and international long distance services and services of any kind which Crunch Tel may agree to provide you from time to time (Services). Crunch Tel will provide the services using our own facilities and services or those of other carriers; telecommunications service providers or equipment suppliers (supplier).
1.2 Variations: Crunch Tel may, without reference to you, change any other supplier or it’s products, or lower our charges at any time and upon 30 days written notice to you vary the services, increase the charges or otherwise vary these terms. At any time, you may obtain an up to date copy of this agreement by contacting Crunch Tel by telephone, email or accessing the Crunch Tel website.
1.3 Savings: The savings that Crunch Tel is able to make for you through the provision of it’s services may change from time to time depending on changed circumstances with respect to our suppliers.
2. Charges And Payment For Services
2.1 Crunch Tel charges may include:
- Call connection charges
- Per minute charges
- you pursue external dispute resolution –
- Disconnection and reconnection charges ($49.50 inc GST) early termination fees ($220 inc GST per line + (total minimum of the plan X the remaining contractual months))
- Untimed charges
- Fee’s for dishonor or insufficient charges ($19.95 inc GST) and overdue charges
- Third party collections charges
- Credit card payment fees
- Suspension charges ($55.00 Inc GST)
- Phone rental charges
- Installation charges
- Service and equipment charges
Current charges for services are available on request by calling 1300 78 30 67 or by accessing www.crunchnetworks.com.au
2.2 Unless specifically stated, all charges are net of all discounts.
2.3 Crunch Tel may offer rebates or call credits in conjunction with specific products offered to certain customers. The value of the rebate or call credits will be determined in accordance with standard criteria and provided as part of the agreement of sale.
2.4 Any discounts offered may be adjusted on a pro-rata basis if your monthly spend falls below the amount agreed on your application form.
2.5 If in any product a standard rebate or credit is given, and the amount of the rebate or credit exceeds the billed amount, then the excess of the rebate or credit shall be forfeited.
2.6 crunch Network’s records are sufficient evidence of the amount payable unless shown to be incorrect.
2.7 Invoicing: Crunch Tel will usually invoice you monthly for services in accordance with our current charges. Crunch Tel may vary invoice frequency.
2.8 Method of Billing: Crunch Tel will bill you in advance for connection, service fees periodic charges, monthly plan fees and in arrears for usage charges (where applicable).
2.9 Method of Payment: Various methods of payment are available as indicated on the bill.
2.10 Time for Payment: All charges must be paid on or before the payment due date as indicated on the bill. Payments received later than the due date will be charged a late payment fee. If any product covered in 2.5 payments is made after the payment due date, the rebate or credit will be forfeited.
2.11 Late Billing: Charges arising from transactions that have occurred prior to the period covered in any specific billing period will be due and payable upon presentation of invoice in accordance with clause 2.10.
2.12 Charges from other suppliers: Our charges to you may include changes from other suppliers that Crunch Tel gets charged (including increases, specials or one-off charges) and will be payable in accordance with clause 2.10.
2.13 Other charges: You will pay us in accordance with clause 2.1 any charge which any other supplier or other person renders to us:
because you approach that other supplier or person directly, or otherwise than through us; or for connection or initiation of any service or for cancellation of any service; or for any changes in other suppliers charges to us (including increases and specials or one-off charges)
2.14 Suspension of services: Crunch Tel reserves the right to suspended provision of services to you, where charges owing to us or any amount owing remain outstanding after 30 days, unless Crunch Tel have received written notice from you of a bona fide dispute of those charges.
Address: PO Box 862 South Yarra, Victoria, 3141
Telephone 1300 78 30 67
2.15 Dishonored cheques: Crunch Tel reserves the right to terminate the agreement without notice to you in the event that:
you have not paid amounts owing to us in accordance with clause 2.10 and 2.14; and
acheque provided by you in payment of that invoice is dishonored without a valid explanation being provided by you.
2.16 Unclaimed Amounts: In the event that your account is terminated and monies are owed to you by Crunch Tel, if you do not claim those monies within 3 months of the date the monies were reasonably considered owed, Crunch Tel will retain the money and you agree that you will have no further claim in relation to these monies.
2.17 Security Bond: Crunch Tel may from time to time require you to lodge a security bond as a condition of us providing services to you.
You authorise us to deduct from that bond any amounts remaining to us after 30 days after date of invoice. After 6 months of on time payment of our invoices, Crunch Tel may either refund the bond or credit your account.
2.18 Taxes: The charges set out in this agreement are inclusive of all State and Commonwealth taxes with the exception of the GST and any stamp duty or transaction duty on this agreement and any related interest, expense, fine, penalty or other charge related to these taxes.
2.19 Where Crunch Tel becomes liable to any penalties or interest as a result of the late payment of GST due to the customers failure to comply with the terms of this agreement (including this clause), or the customers obligations under the GST law, then an additional amount equal to those penalties and interest will be payable to Crunch Tel.
3. Period Of Agreement
Standard Agreement v2.6
3.1 Commencement of Agreement: This agreement starts on the date the application for service is signed or verbally recorded by both parties and continues until terminated.
3.2 Commencement of Services: The provision of services commences when:
- your accounts are transferred from your name to ours by your current supplier or;
- pre selection has been activated
- upon completion of installation of any necessary equipment or
- upon completion of any configuration changes made to PABX or other equipment owned by you or
- any other arrangements with another supplier for the provision of the services have been completed
3.3 Minimum Period of Agreement: This agreement will be in force for the length of time indicated on you Crunch Tel agreement (only if minimum period of agreement is applicable)
4. Transfer Of Your Account To Us
4.1 Changing your Current Arrangements: If, in providing the services, Crunch Tel needs to change your arrangements with your current supplier, then Crunch Tel will do so in accordance with this clause.
4.2 Transfer of services to Crunch Tel.
By signing this agreement you appoint Crunch Tel to act as your agent and authorise us to sign on your behalf and in your name forms of authority to your current supplier to transfer your accounts into our name.
You agree to give written instructions to your current supplier to transfer your accounts from your name to ours if Crunch Tel so request.
You will immediately pay to your current supplier all amounts owing up to the time of transfer of your accounts to our name.
4.3 If your current supplier credits us with any amount concerning services provided before the date of transfer, crunch Networks will credit that amount to your account.
4.4 If after your current supplier raises a proper charge relating to a service your current supplier provided to you before the commencement of services under clause 3.2, Crunch Tel will advise you accordingly, and you must pay your current supplier that amount.
4.5 Crunch Tel will not accept any liability for any amounts owing by you to your current provider for services, which your current supplier provided to you prior to the commencement of services under clause 1.1
4.6 You must indemnify us against any claims made by your current supplier to us in relation to any such amounts.
5. TRANSFER OF YOUR ACCOUNT FROM US TO ANOTHER SUPPLIER
5.1 If in the future you transfer any of the services to another supplier, then you remain responsible to us for the amount payable for the services up to the time your service are taken over by another supplier and tolling with Crunch Tel stops. You will immediately pay us the amount owing on receipt of our invoice.
5.2 The provision of our services is deemed to have ceased when your newly appointed carrier, commences tolling all of your nominated services.
5.3 Crunch Tel will endeavor to bill you for those services within the next normal billing period.
5.4 If, after that Crunch Tel become aware of other proper charges (including fees payable to any other supplier) for those services up to the date of transfer, or Crunch Tel resolve any dispute so that any liability of our relating to those services is quantified, then you will immediately pay us all such amounts on receipt of our invoice.
5.5 Crunch Tel will credit you with any amount credited to us by another supplier for those services up to the date of transfer of those accounts to another supplier.
6.Notice Of Disclosure Of Your Credit Information To
Credit Reporting Agency (Privacy Act 1988)
Crunch Tel may give information about you to a credit reporting agency for the following purposes:
- to obtain a consumer and commercial credit report about you, and/or
- allow the credit reporting agency to create or maintain a credit information file containing information about you.
- This information is limited to:
- Identity particulars – your name, sex, address (and previous two addresses), date of birth, name of employer, and drivers license number
- your application for credit or commercial credit – the fact that you have applied for credit and the amount
- the fact that (name of credit provider) is a current credit provider to you.
- loan repayments which are overdue by more than 60 days, and for which debt collection action has started
- advice that your loan repayments are no longer overdue in respect of any default that has been listed
- information that, in the opinion of Crunch Tel you have committed a serious credit infringement (that is, acted fraudulently or shown an intention not to comply with your credit obligations)
- dishonoredcheques – cheques drawn by you for $150.00 or more which have been dishonored more than once
Period To Which This Understanding Applies:
This information may be given before, during or after the provision of credit to you.
7. Your Compliance
7.1 you will ensure that you comply at all times with all laws and obligations, including license conditions, applicable to the services and their use.
7.2 You will not use the service to transmit or publish any material which is defamatory of any person, or any material in breech of copyright or any obligations of confidentiality, or otherwise in breech of any law, and you will indemnify us for any loss or expense Crunch Tel suffer as a result of you doing so.
Use Of Customer Premises Switch And Or Programing Of PABX
8.1 Installation and programing of equipment: You will assist us in ensuring that any equipment necessary for you to receive the services, is installed and programed.
8.2 You will make access to your PABX available to us if applicable, prior to the commencement of the services, or at any time during the provision of the services, so that calls to destinations nominated by us from time to time are, so far as possible, switched by the PABX to the best services available.
Equipment Crunch Tel Supply To You
9.1 In any situation where Crunch Tel supplies equipment to you which is not sold to you then:
- that equipment always remains our property;
- you warrant that, to the extent possible under the terms of your occupation of the premises where the equipment is installed, you will allow us to and, where applicable, will ensure that the landlord allows us to, remove the equipment upon expiry or termination of the agreement;
- you will not part with possession of the equipment except to us.
9.2 Crunch Tel may at any time, and from time to time, change the equipment referred to in clause 9.1 as Crunch Tel see fit.
9.3 You will allow us access to the equipment during your normal business hours (or at such other time as Crunch Tel arrange with you), and this right of access will not end until all equipment is returned to us, even if the agreement has terminated in the meanwhile.
9.4 You will ensure that our equipment, and any other equipment except by servicemen approved by us.
9.5 Electricity: You will make available an adequate power supply for the operation of any equipment used in the provision of services.
9.6 Return: On the termination of this agreement for any reason, you will immediately return all our equipment, or make it available for collection.
10.1 Either of us may terminate the agreement by giving 30 days written notice. In the event you terminate the agreement and your services are subject to a minimum service term, a cancellation fee of $220 per line inc GST will be applied to your final invoice.
10.2 Immediate Termination: Crunch Tel may terminate this agreement immediately by notice if:
- you have breeched this agreement, or
- a liquidator or receiver and manager or any other administrator of your business or assets is appointed or, you enter into any composition with your creditors
10.3 If Crunch Tel provide a service for a particular term and Crunch Tel allow you a discount on payment over that term and you cancel this agreement before that term ends, then you will be liable to pay the full undiscounted amount for the period which has elapsed and crunch Networks will bill you for the amount of the discount allowed to you during the elapsed period on your next bill.
10.4 You remain liable for all charges payable under the agreement in respect of services up to the time of termination and you must pay all outstanding amounts immediately on receipt of our invoice.
10.5 Termination does not preclude any liability you have for payment for any services we provide up to the time when all of your services have been transferred.
11.1 The services may be suspended immediately (including without notice) where:
- The services of other carriers on which Crunch Tel depends require maintenance.
- There is a failure by you to pay any charges due to Crunch Tel.
- An event specified in clauses 10.1 to 10.4 occurs.
- A suspension fee of ($55.00 Inc GST) will be applied to your account in the event your service is suspended for non payment.
Limitation Of Liability
12.1 Performance: Because the performance of some services may be affected by your levels of use, the levels of use of other users and of other facilities related to providing the service, Crunch Tel do not warrant that services will be free of congestion, delays or faults of this kind and Crunch Tel will not be responsible for any loss or damage to your business which may result.
12.2 Except as provided in clause 12.1, and subject to clause 12.3, all terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, statutory or otherwise, relating to the provision by us of the services are excluded, and Crunch Tel will not be under any other liability in respect of any loss or damage (including consequential loss or damage) however caused (weather by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of the services.
12.3 Our liability for any breach of any term, condition, warranty or under any remedy implied by law (which cannot be excluded), will be limited at our option to the repair or re-supply of equipment or services or the payment of the cost of having the equipment of services re-supplied.
12.4 Crunch Tel have no liability to you or to any other person for:
- acts or defaults of other suppliers, nor
- faults or defects in services which are caused to any material extent by your own conduct or mis-use, nor
- faults or defects that arise in telecommunication services not provided under this agreement (even if they are connected with our consent to services which Crunch Tel have arranged under this agreement) which are due to incompatibility with the services.
- faults or defects of equipment supplied by a linked third party in conjunction with the services.
Crunch Tel will use it’s best efforts to address and remedy complaints regarding churned accounts, but makes no guarantee whatsoever as to the time it takes to provide that remedy.
13. Fault Reporting And Complaints
13.1 Crunch Tel will attend to faults and complaints with your service during Australian business hours (EST). Customer service contact numbers can be found on your bill or at our website. Crunch Tel will handle all complaints in accordance with it’s complaints procedure, a copy of which will be supplied upon request.
13.2 Crunch Tel is not responsible for any fault which is within a network supplier Will notify that supplier of the fault and request that the fault be corrected promptly Will report back toyou as to status of the fault but Crunch Tel will bear no further liability or responsibility
14.1 Crunch Tel retain all intellectual property rights in any information relating to the services, the design or operation of our network and other technical information relating to the provision of the services (Confidential Information)
14.2 You will keep the confidential information confidential, and will not allow any written or electronically recorded material to be copied.
14.3 On the termination of this agreement for any reason, you will return all confidential information to us. If you have destroyed these, or any of them, then you will give us a written declaration accordingly.
14.4 You will keep confidential the manner in which Crunch Tel arrange services under this agreement, including our charges and discounts, and other financial information You will not use information which you acquire from us for any purpose unauthorized in writing by us or in any manner which may.
15. Force Majeure
15.1 Crunch Tel are not liable for: any delay in installing any service any delay in correcting any fault in any service, failure or incorrect operation of any service, or any other default in performance under this agreement, if it is caused by any event reasonably beyond our control, including but not limited to war, plague, accident, act of God, industrial action, embargo, terrorist act, military coup, delay, failure or default by any other supplier.
16.1 you will not assign charge or otherwise deal with your rights under this agreement except with our prior written consent.
17.1 Crunch Tel may give and receive from other suppliers information about your account, including particulars of calls and call charges.
17.2 This agreement is governed by the laws of Victoria.
17.3 This agreement contains the whole understanding between us to the exclusion of any prior or collateral agreement or understanding of any kind relating to the services.
17.4 You acknowledge that you enter into this agreement entirely as a result of your own enquiries and that you do not rely on any statement, representation or promise by us or on our behalf not expressly set out in this agreement.
17.5 You accordingly release us and each of our officers, agents and advisors from all claims, suites and demands of every kind (including negligence) arising from the relationship of the parties concerning this agreement before it was signed, and from the negotiations leading to it.
17.6 The failure by either party to exercise any right nor remedy under this agreement in a timely manner does not constitute acceptance of the matter which gave rise to the right or remedy, nor that parties waiver if such right or remedy.
17.7 To the extent applicable, the customer service guarantee applies to the provision of services under this agreement.
17.8 You acknowledge that our supplier may claim payment for network services if you the end user have not paid Crunch Tel for the services and hence leaving Crunch Tel unable to pay its supplier.
17.9 If a provision of this Standard Agreement is void, inapplicable or unenforceable or the invalid part severed, the remainder of this agreement will not be affected.
18.1 Subject to section 480 of the Telecommunications Act, Crunch Tel may vary any part of this agreement at any time.
19. Privacy Act
This policy sets out your main rights and obligations under our Standard Form of Agreement (formerly known as our customer terms) when you acquire a fixed or mobile service from us primarily for business purposes. Please read this document carefully and keep it so that you always have it as a reference.
It is important to remember that this is only a summary of our Standard Form of Agreement. It is for your information only and has no legal effect. To find out more about your rights ad obligations you can view our most up to date copy of Standard form of Agreement at our website www.crunchtel.com.au.
A SUMMARY OF OUR CUSTOMER TERMS
- Your rights and obligations
- You are a small business customer if you do not resell your service and:
- You are a business and use your service primarily for business purposes
- You are not a business but use your service primarily for business purposes
- You use your service primarily for personal purposes but that service is of a kind ordinarily acquired for business use
Telecommunication legislation allows us to set out in a Standard Form of Agreement the terms and conditions on which we provide products and services to our customers. Crunch Tel along with its customers must comply with our Standard Form of Agreement unless agreed differently with you.
CHANGING OUR CUSTOMER TERMS
We can change most of the terms (including price) on which we supply the service to you. Generally if a change is not required by law or necessary for security or technical reasons and has more than a minor detrimental impact on you, we will tell you directly at least 30 days beforehand and if you have a fixed length contract with us, you may also have cancellation rights.You may have additional rights if you can establish a change has more than a minor detrimental impact on you.
Our Customer Terms cover: basic fixed line telephone services, mobile telephone services, ISDN services and data and Internet services.
BECOMING OUR CUSTOMER
We are committed to providing services to you within a reasonable timeframe if the service is available in your area, if you have met our credit policy requirements and comply with Our Customer Terms.
Our Customer Terms may state that a service is provided for a particular purpose. It is important that you only use the service for its intended purpose. It is your responsibility for the way you use and pay for use of your services, even unauthorized use. This means that even if someone uses your telephone without your permission or knowledge, you will be charged for the calls. In some circumstances we may monitor usage of your service for excessive or unusual usage patterns (for example where an unusually large volume of calls are made, particularly to premium or international services), but we do not promise to do so. We may cancel or suspend your service for excessive or unusual usage by giving you as much warning as possible, and you will need to pay any applicable early termination fees if your service is cancelled.
We do not normally require a security bond but may do so if we reasonably consider you a credit risk. An offer or plan may also require a direct debit arrangement. You authorise us to deduct from that bond any amounts remaining owing to us after 30 days after date of invoice. After 6 months of on time payment of our invoices, Crunch Tel may either refund the bond or credit your account.
KINDS OF CHARGES
You must pay our charges which will be detailed in our offer or plan and may include, set up charges, installation charges, connection charges, equipment, disconnection and reconnection charges ($49.95 inc.GST), early termination charges, fixed periodic access charges, usage charges, late payment fees ( $19.95)connection charges and certain third party charges as well as credit card fees. Any discount, credit or rebate we may offer will be specified in the plan or offer that it applies to. Current charges for services are available on request by calling 1300 78 30 67
Crunch Tel send monthly bills in accordance with our current charges. We invoice fixed and known charges in advance and usage charges in arrears. Our records are sufficient proof that a charge is payable unless proved to be incorrect. Our policy is not to late bill charges more than 160 days old. Invoices are payable within 14 days. Please contact us on the enquiry number on your bill if you think you may have difficulties paying the amount owing by the due date. Register your bill to be emailed to you or call our Customer Care on 1300 78 30 67.
How to pay
Your bill shows various was you are able to make a payment. Depending on the way you decided to pay your bill, you may incur an extra fee. We prefer, direct debit payment. If you choose to pay your bill using a credit card you will be charged a credit card payment processing fee which is calculated as a percentage of the bill payment made and depends on the type of credit card you use.
Bill Payment Fees
You may pay by American Express or Diners Club (3.5% surcharge applies to both) or Visa or MasterCard (1.5% surcharge applies to both).
If you fail to pay a bill by the due date Crunch Tel can:
- Charge you interest on the overdue amount or a fee or both; and
- Suspend or cancel your service until you pay (and you may have to pay a reconnection fee if we do this)
If a bill remains unpaid we can refer it to collection agency to recover the amount owing.
Late payment is also a breach of your contract with Crunch Tel that may lead to cancellation. We have a financial hardship policy for genuine cases- see our website for details
An offer or plan will specify any minimum term or notice period that applies to it. Otherwise if your contract is out of the minimum term you can cancel on 30 days written notice.
YOUR LIABILITY TO US
You must comply with an Acceptable Use Policy for a service. Our AUP will be reasonable and only target unreasonable use of a service. You must not use a service in any unlawful way, including but not limited to downloading copyright music, video or other material without the owners permission.
Cooling off Rights Important Notice to the Consumer
You have a right to cancel this agreement within 10 business days from and including the day after you signed or received this agreement. Details about your additional rights to cancel this agreement are set out in the information below:
Your cooling off rights under the Australian Consumer LawUnder the Australian Consumer Law (‘ACL’) you may terminate your contract during the ‘termination period’.
When the termination period starts
It starts on the first business day after the day on which you receive this agreement document.
When the termination period ends
10 business days later. Or 6 months later if:
before entering the contract, you were not informed of your right to terminate during the termination period, and how to exercise it; or you were not given a copy of your contract immediately after signing, or the contract did not state the total price or how to calculate it, and any postal or delivery charges, or the contract did not contain all the contract terms, or the front page did not clearly state your right to terminate, or the contract was not accompanied by a termination notice form, or did not state our full name, ABN and business address, email address and fax number, or you did not sign the contract, or it did not state the name, physical address and any email address of any person who signed on our behalf, or any amendments were not signed by you and us.
How to terminate
You may terminate during the termination period by giving us oral or written notice of your intention to terminate. If you give the notice in writing, you may deliver or post it to the premises address, or email it to the email address, or fax it to the fax number in this document. You may choose to use the form of Cancellation Notice handed to you with the contract.
17.4 You acknowledge that you enter into this agreement entirely as a result of your own enquiries and that you do not rely on any statement, representation or promise by us or on our behalf not expressly set out in this agreement.
No service or payment during termination period.
The ACL prohibits us from supplying goods with a total price exceeding $500 or services under the contract, or accepting or requiring paymentor any other consideration for any goods or services during 10 business days starting at the start of the first business day after the day on which the contract was made. Otherwise, you may treat any goods supplied as unsolicited goods.
Termination of service by Crunch Tel
Crunch Tel may terminate your service: if no fixed term applies on your contract; if we do not receive payment from you; if you materially breach your contract or if there is actual or suspected fraud involving the service Crunch Tel provides you. Crunch Tel may terminate this agreement immediately by notice if: (a) you have breached this Agreement, or (b) a liquidator or receiver and manager or any other administrator of your business or assets is appointed or you enter into any composition with your creditors. Termination does not preclude any liability you have for payment for any services we provided up to the time when all of your services have been transferred.
Termination of Service by You
You are able to terminate your service with 30 days written notice if no fixed term applies to the service you wish to terminate. In the event you terminate the agreement and your services are subject to a minimum service term, a cancellation fee of $220 per line Inc. GST will be applied to your final invoice. If Crunch Tel fail to remedy a contract breach after you give us 30 days notice of it or if service is unavailable for more than 14 days due to disasters and similar you are able to terminate your contract with us. You remain liable for all charges payable under the Agreement in respect of Services up to the time of termination and you must pay all outstanding amounts immediately on receipt of our invoice.
The charges set out in this agreement are inclusive of all State and Commonwealth taxes with the exception of any stamp duty or transaction duty and any related interest, expense, fine, or penalty. Where Crunch Tel becomes liable to any penalties or interest as a result of the late payment of GST due to the Customer’s failure to comply with the terms of this agreement (including this clause), or the Customer’s obligations under the GST law, then an additional amount equal to those penalties and interest will be payable to Crunch Tel.
PERIOD OF AGREEMENT
Commencement of Agreement: This Agreement starts on the date the Application for Service is signed or verbally approved and verified by both parties and continues until terminated.
Commencement of Services: The provision of Services commences when:
(a) your accounts are transferred from your name to ours by your current supplier or
(b) pre selection has been activated
(c) upon completion of installation of any necessary equipment
(d) upon completion of any configuration changes made to PABX or other equipment owned by you or
(e) any other arrangements with another supplier for the provision of the Services have been completed.
This agreement will be in force for the length of time of a 12month period unless otherwise stated or agreed by Crunch Tel in writing. To terminate during the termination period you must provide written notice of your intention for the termination period to be effective.
TRANSFER OF YOUR ACCOUNT TO Crunch Tel
Changing your Current Arrangements: If, in providing the Services, Crunch Tel needs to change your arrangements with your current supplier, then Crunch Tel will do so in accordance with this clause.
Transfer of services to Crunch Tel:
(a) By authorising this Agreement you appoint Crunch Tel to act as your agent and authorise us to sign on your behalf and in your name forms of authority to your current supplier to transfer your accounts into our name.
(b) You agree to give written instructions to your current supplier to transfer your accounts from your name to ours if Crunch Tel so request.
(c) You will immediately pay to your current supplier all amounts owing up to the time of transfer of your accounts to our name. Crunch Tel will not accept any liability for any amounts owing by you to your current supplier for services, which your current supplier provided to you prior to the commencement of Services. You indemnify Crunch Tel against any claims made by your current supplier to us in relation to any such amounts.
TRANSFER OF YOUR ACCOUNT FROM Crunch Tel TO ANOTHER SUPPLIER
If in the future you transfer any of the Services you have with Crunch Tel to another supplier, then you remain responsible to Crunch Tel for the amount payable for the Services up to the time your Services are taken over by another supplier and tolling with Crunch Tel stops. You will immediately pay Crunch Tel the amount owing on receipt of invoice. The provision of Crunch Tel’s Services is deemed to have ceased when your newly appointed carrier commences tolling all of your nominated services. If, after that Crunch Tel becomes aware of other relevant charges (including fees payable to any other supplier) for those Services up to the date of transfer, or Crunch Tel resolves any so that any liability of ours relating to those services is quantified, then you will immediately pay all such amounts on receipt of a Crunch Tel invoice.
Crunch Tel may vary your contract conditions on reasonable notice including by email, notice on your bill or by way of post. For most consumers Crunch Tel must give 21 days notice and this can trigger a penalty free walk away right. More information about those rights will be given if they apply to you.
CUSTOMER SERVICE GUARANTEE
The Customer Service Guarantee (CSG) sets specific performance standards that fixed line telephone service providers must satisfy and provides for payments to customers (with 6 or less telephone lines) in some circumstances where they are not met. For more details, see www.tio.com.au/FAQ/Csg.htm. You can waive your CSG rights. We will clearly ask you to do so where this applies.
Goods we supply are subject to any non-excludable consumer guarantees under the Australian Consumer Law plus an additional manufacturer’s warranty notified with them
You authorise Crunch Tel to give a credit report agency certain personal information about you. If you apply to us for personal or commercial credit in effect you give us authority to obtain a credit reporting agency credit report and other information in relation to your credit activities. You also authorise us to obtain a report containing information about your commercial activities or commercial creditworthiness from a business that provides information about the commercial creditworthiness of a person in relation to a personal credit provided by us.
PROTECTING YOUR PRIVACY
Crunch Tel aim to resolve all problems and complaints as quickly and effectively as possible. If you have any concerns please call on us 1300 78 30 67 Monday- Friday 8am-9pm. If you are not satisfied with the initial outcome of your complaint, it will be passed to a supervisor or manager who will then review your concern and the way it was handled. We have formal policies in place for how this is done.
If this still does not resolve your concern to your satisfaction, you may call the Telecommunications Industry Ombudsman (TIO) to help resolve disputes between consumers and companies. The TIO is an independent body and is provided as a free service. The TIO only takes up a complaint if you have first tried to resolve it with us.