Caznet Pty Ltd ABN 47 143 897 303 · These Terms are not for residential consumers.
- Introduction
- Structure of this Agreement
- Getting Started
- Contact Us
- Our Services
- Your Obligations
- Equipment
- Numbers and Public Identifiers
- Privacy and Personal Information
- Confidentiality
- Fees and Charges
- Invoicing and Payment
- Other Fees and Charges
- Changes to this Agreement
- Assignment
- Complaints and Disputes
- Liability
- Force Majeure
- Suspension and Cancellation
- After a Service Ends
- Notices
- General
- Dictionary
1 — Introduction
2 — Structure of this Agreement
- any Special Conditions in a Service Order (applying only to that Service Order);
- a Service Order for each Service;
- a Service Description (including any applicable Service Level Agreement or Critical Information Summary) for each Service;
- these General Terms; and
- Caznet's Acceptable Use Policy and other policies published on our website from time to time.
3 — Getting Started
- your eligibility for the Service and its availability at your location;
- whether you meet our credit and identification requirements; and
- your prior history with us.
4 — Contact Us
- Phone: +61 8 8470 8900
- Email: caznet@caznet.com.au
- Website: www.caznet.com.au
- Post: GPO Box 2409, Adelaide SA 5001
5 — Our Services
5.1 Services we provide
Caznet provides the following categories of Services (as described in the applicable Service Order and Service Description):
- Fixed Broadband — internet access delivered over the NBN, direct fibre, or other fixed-line infrastructure;
- VoIP and Telephony — voice over internet protocol services including hosted PBX, SIP trunking, and direct inward dial numbers;
- Business Ethernet and Fibre — dedicated symmetric ethernet and fibre services for enterprise and wholesale customers; and
- Data Centre and Technology Services — colocation, managed hosting, cloud, and related technology services.
5.2 Service availability
- damage to network infrastructure not caused by us;
- interference not caused by us (including electrical interference or third-party tampering);
- a Force Majeure Event; or
- planned outages, including Scheduled Maintenance.
5.3 Technical support
Technical support is available as described on our website at www.caznet.com.au. We are not responsible for faults caused by Customer Equipment, third-party software, wireless connectivity issues, or services provided by third parties outside our supply chain.
5.4 VoIP-specific terms
- may not be compatible with some security systems, fax machines, or EFTPOS terminals without specific configuration;
- require a continuous power supply and internet connection — calls (including to 000) may not be possible during a power or internet outage unless you have an independent backup; and
- may have reduced quality depending on your internet connection.
5.5 Internet limitations
You acknowledge that internet speed and continuity depend on many factors beyond our control, including third-party network operators, your equipment, and network congestion. We have no control over the content, accuracy or availability of third-party internet resources.
5.6 Data retention
To the extent required by law, we or our Suppliers may intercept, monitor, retain, and disclose data relating to your Service.
6 — Your Obligations
6.1 General
You are responsible for all use of the Service — by you or any other person with or without your consent. You must ensure that use of the Service complies with this Agreement, our Acceptable Use Policy, and all applicable laws.
6.2 Prohibited conduct
You must not use the Service to:
- breach any law, including laws governing internet content, email, and privacy;
- send unsolicited commercial electronic messages or make scam calls;
- conduct or facilitate denial-of-service (DoS) attacks;
- gain or attempt to gain unauthorised access to any computer, network, or system;
- spread viruses, malware, or other harmful code; or
- resell the Service without our prior written consent (except as authorised under a Wholesale Agreement).
6.3 Accuracy of information
You warrant that all information you provide to us is true, complete and accurate, and you must promptly notify us of any changes.
6.4 Access and assistance
You agree to provide all reasonable assistance, information, and access that we require to deliver and maintain the Services.
7 — Equipment
7.1 Service Equipment
Where we or a Supplier provide Equipment for use with a Service (without selling it to you):
- risk passes to you on delivery — you are responsible for loss or damage (other than fair wear and tear);
- the Equipment remains our property;
- you must not remove identification marks or part with possession of the Equipment; and
- you must comply with our reasonable directions to protect our ownership.
7.2 Access to premises
7.3 Returning Equipment
On termination or expiry of a Service, you must promptly return all Service Equipment or make it available for collection. If Equipment is not returned within a reasonable time, we may invoice you for its reasonable market replacement value.
7.4 Purchased Equipment
8 — Numbers and Public Identifiers
9 — Privacy and Personal Information
10 — Confidentiality
11 — Fees and Charges
11.1 Your responsibility
You are responsible for all Fees arising from use of the Service, by you or any other person with or without your consent.
11.2 How fees are calculated
Our records of your Service use are generally conclusive evidence of the Fees payable. Unless your Critical Information Summary states otherwise, unused inclusions are not refundable or transferable.
11.3 GST
All Fees are inclusive of GST where applicable. GST will be itemised on your invoice.
11.4 Fee increases
Unless your Service Order or Service Description states otherwise, Caznet may increase Fees on each Review Date (1 July each year) by:
- an amount equal to CPI; or
- a percentage equal to any increase imposed on us by our Suppliers in respect of the relevant Service,
whichever is greater. We will give you reasonable notice of any such increase.
12 — Invoicing and Payment
12.1 Invoicing
12.2 Payment
12.3 Late payment
Unless you have raised a legitimate written dispute or arranged a payment plan with us, the following applies to overdue amounts:
| Timing | Action |
|---|---|
| From the Due Date | Reminder notices issued; interest may be charged; administrative costs may be recovered |
| 5 Business Days after Due Date | Service Restrictions may be imposed |
| 21 days after Due Date | Service may be suspended or disconnected |
12.4 Interest
We may charge interest on overdue amounts at the rate prescribed by the Penalty Interest Rates Act 1983 (SA) plus 2%, calculated daily and compounded monthly.
12.5 Disputed invoices
If you dispute an invoice, notify us in writing within 5 months of the invoice date. Nothing in this clause limits your right to commence proceedings in relation to a disputed invoice.
12.6 Financial hardship
If you are experiencing financial hardship, please contact us to discuss a payment arrangement. Our financial hardship policy is available on our website.
13 — Other Fees and Charges
13.1 Early Termination Fee
If you cancel a Fixed Term Service before the end of the Fixed Term, an Early Termination Fee applies as set out in the relevant Critical Information Summary or Service Order.
13.2 Dishonoured payments
If a payment is declined or dishonoured and our bank charges us a fee as a result, we may recover that fee from you.
13.3 Debt recovery
If we engage debt recovery services to recover outstanding amounts, we may recover reasonable collection costs, including legal costs.
13.4 Reconnection
We may charge a reconnection fee to restore a Service disconnected due to your conduct. No reconnection fee applies if disconnection was caused by our error.
13.5 Prepayment and security deposits
13.6 Refunds and credits
Installation and setup fees are generally non-refundable unless we are unable to provision the Service. You may claim a refund of any credit on your final invoice within 90 days of receipt.
14 — Changes to this Agreement
14.1 Changes we may make
We may change the terms, features, or pricing of a Service due to changes in law or regulation, network or security requirements, changes imposed by our Suppliers, or for legitimate business reasons.
14.2 Notice of changes
| Type of change | Notice period | Right to exit? |
|---|---|---|
| Detrimental change | At least 21 days | Yes — see clause 14.3 |
| Beneficial or neutral change | Immediate | No |
| Urgent change (law, security, network) | As soon as reasonably practicable | No |
| Fee increase (tax, Supplier costs) | Reasonable notice | No |
14.3 Your right to exit on detrimental change
If we notify you of a change that will cause more than minor detriment, you may cancel the affected Service by written notice to us within 42 days of our notification. If you cancel under this clause, no Early Termination Fee applies, but you remain liable for all outstanding Fees and must return any Service Equipment.
If you do not cancel within the 42-day period, you are taken to have accepted the change.
14.4 Transferring your Service
If you ask us to transfer your Service to another provider, you remain responsible for all Fees up to the date of transfer. Early Termination Fees may apply during a Fixed Term. We stop supplying the Service on the date of transfer.
15 — Assignment
16 — Complaints and Disputes
16.1 Internal complaints process
If you have a complaint, please contact us first and we will work to resolve it promptly in accordance with our complaints handling policy:
- Phone: +61 8 8470 8900
- Email: caznet@caznet.com.au
- Post: GPO Box 2409, Adelaide SA 5001
- Policy and online form: caznet.com.au/about/legal/complaints
Our complaints policy sets out how we receive, acknowledge, and resolve complaints, including applicable timeframes and escalation steps.
16.2 External dispute resolution
If your complaint is not resolved to your satisfaction, you may refer it to:
- the Telecommunications Industry Ombudsman (TIO) — phone 1800 062 058 or visit www.tio.com.au; or
- the Australian Communications and Media Authority (ACMA) — visit www.acma.gov.au.
17 — Liability
17.1 Personal injury and property damage
We are liable to you for loss or damage to your tangible property caused by our negligence during installation, repair, or maintenance of Equipment, and for personal injury or death caused by our fault, negligence or fraud.
17.2 Service interruptions
17.3 Customer Service Guarantee
The Customer Service Guarantee Standard (CSG) applies to Standard Phone Services we supply. We connect Services not covered by the CSG within a reasonable time. The CSG does not apply where you have agreed to a waiver or in other circumstances set out in the CSG Standard.
17.4 Consumer Law
We supply Services subject to the consumer guarantees in the Australian Consumer Law (ACL) to the extent they apply. Where they apply, we will provide the required remedies.
17.5 Limitation of liability
18 — Force Majeure
19 — Suspension and Cancellation
19.1 Our approach
Where we exercise our rights under this clause, we will act reasonably and only to the extent necessary to protect our legitimate business interests, generally escalating from restriction to suspension before cancellation.
19.2 Suspension or cancellation for your conduct
We may restrict, suspend, or cancel a Service if:
- you fail to pay Fees when due;
- you breach this Agreement or our Acceptable Use Policy;
- your use of the Service interferes with our network or a Supplier's network;
- you abuse, harass, or threaten our staff or contractors;
- you engage in fraud or illegal conduct;
- you fail to provide required prepayment or access to premises; or
- we reasonably believe you are a credit risk.
19.3 Suspension or cancellation for external factors
We may restrict, suspend, or cancel a Service due to:
- a legal or regulatory requirement;
- an emergency or risk to network security or integrity;
- network maintenance, upgrade, or modification;
- withdrawal of an underlying service by a Supplier; or
- a Force Majeure Event continuing for 30 days or more.
19.4 Cancellation by you
19.5 Cancellation for convenience by us
Where there is no Fixed Term, we may cancel a Service by giving you at least 30 days' written notice and refunding any unused pre-paid Fees. Where a Fixed Term applies, we may cancel after its expiry with 30 days' notice, or during the Fixed Term by offering a comparable alternative Service.
20 — After a Service Ends
- pay all outstanding Fees for Services provided to the date of termination;
- cease using the Service and any Equipment owned by us or a Supplier; and
- return all Service Equipment or make it available for collection.
21 — Notices
| Method | When received |
|---|---|
| Date sent, provided no delivery failure is received | |
| Invoice | As per the method of invoice delivery |
| Post (registered) | 2 Business Days after posting |
| Post (ordinary) | 4 Business Days after posting |
| SMS / voicemail | Date of delivery |
| Website publication | Date of publication |
22 — General
23 — Dictionary
| Acceptable Use Policy | Caznet's policy for fair and lawful use of the Services, published at www.caznet.com.au |
| ACMA | Australian Communications and Media Authority |
| Agreement | The agreement between you and Caznet comprising the documents in clause 2.1 |
| Approved Purposes | Has the meaning given in the Telecommunications Act 1997 (Cth) in relation to the IPND |
| Australian Consumer Law (ACL) | Schedule 2 of the Competition and Consumer Act 2010 (Cth) |
| Business Day | Monday to Friday, excluding South Australian public holidays |
| Caznet | Caznet Pty Ltd ABN 47 143 897 303 |
| Claim | Any debt, liability, cause of action, claim, proceeding or demand however arising under or in connection with this Agreement |
| Consequential Loss | Loss of profits, revenue, opportunity, anticipated savings, data, goodwill, or any indirect, special, punitive or exemplary loss |
| CPI | Consumer Price Index, All Groups, as published by the Australian Bureau of Statistics |
| Critical Information Summary (CIS) | A document setting out key details, pricing, inclusions, and conditions for a specific Service |
| CSG | Customer Service Guarantee Standard under the Telecommunications (Customer Service Guarantee) Standard 2011 |
| Customer Equipment | Equipment in your possession, ownership or control, other than Service Equipment |
| Due Date | 10 Business Days after the invoice date, unless otherwise specified |
| Early Termination Fee | The fee payable if you cancel a Fixed Term Service before its expiry, as set out in the relevant CIS or Service Order |
| Equipment | Service Equipment or Purchased Equipment, as applicable |
| Fees | All amounts payable for the Services as set out in a Service Order, Service Description, or CIS |
| Fixed Term | The minimum contract period for a Service, as set out in the Service Order or Service Description |
| Force Majeure Event | Any event beyond a party's reasonable control, including acts of God, natural disasters, fire, pandemic, war, terrorism, government action, strikes, infrastructure failure, or acts or omissions of third parties beyond their reasonable control |
| IPND | Integrated Public Number Database |
| Interest | Interest at the rate prescribed by the Penalty Interest Rates Act 1983 (SA) plus 2%, calculated daily and compounded monthly |
| Interruption | A delay in supplying, failure to supply, or defect in the supply of a Service |
| Law | Commonwealth, State or local legislation, binding judicial or regulatory orders, binding industry codes, and common law |
| Personal Information | Has the meaning given in the Privacy Act 1988 (Cth) and s 276(1) of the Telecommunications Act 1997 (Cth) |
| Public Addressing Identifier | Includes phone numbers, IP addresses, domain names, and other identifiers |
| Purchased Equipment | Equipment sold by Caznet to you |
| Review Date | 1 July of each year |
| RFS Date | The date a Service is operational and ready for use |
| Scheduled Maintenance | Planned maintenance of which reasonable notice is given |
| Service | The service(s) described in a Service Order and Service Description |
| Service Description | The document describing a Service and any specific terms applicable to it |
| Service Equipment | Equipment provided by Caznet or a Supplier for use with a Service, but not sold to you |
| Service Order | A request by you, accepted by Caznet, for the provision of one or more Services, forming a contract for those Services |
| Service Restriction | A limitation applied to your Service, including internet speed reduction, VoIP limited to emergency calls, or suspension of purchasing facilities |
| Small Business Customer | A customer with a business ABN who is a small business within the meaning of the ACL |
| Special Conditions | Additional or varied terms agreed between the parties in a Service Order |
| Supplier | A third party from whom Caznet acquires services forming all or part of a Service supplied to you |
| TCP Code | Telecommunications Consumer Protections Code C628:2019 (as updated) |
| Wholesale Customer | A customer who purchases Services from Caznet for on-supply to end users |
| we / us / our | Caznet Pty Ltd ABN 47 143 897 303 |
| you / your | The account holder for the Service |
Standard Form of Agreement · Provided in accordance with Part 23 of the Telecommunications Act 1997 (Cth) and the TCP Code · caznet.com.au/about/legal/sfoa