Standard Form of Agreement

General terms applying to all Caznet Small Business, Business/Enterprise and Wholesale customers. Provided in accordance with Part 23 of the Telecommunications Act 1997 (Cth) and the TCP Code.

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Standard Form of Agreement

Caznet Pty Ltd ABN 47 143 897 303  ·  These Terms are not for residential consumers.

1 — Introduction

1.1Caznet Pty Ltd (ABN 47 143 897 303) (Caznet, we, us, our) is an Australian carriage service provider (CSP). We supply telecommunications and related technology services to business customers throughout Australia.
1.2These General Terms apply to all Small Business, Business/Enterprise and Wholesale customers whenever we supply Services or Equipment to you, unless we agree otherwise in writing.
1.3These Terms also apply to anyone who uses your Service with your permission or authority.
1.4These Terms are not for residential consumers.
1.5By submitting a Service Order or commencing use of a Service, you agree to be bound by these Terms.

2 — Structure of this Agreement

2.1Your Agreement with us consists of the following documents, listed in descending order of priority:
  • 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.
2.2Where any inconsistency exists between these documents, the document listed earlier in clause 2.1 prevails to the extent of the inconsistency.

3 — Getting Started

3.1This Agreement begins when we accept your Service Order (at our sole discretion) and continues until terminated in accordance with these Terms.
3.2Before accepting your Service Order, we will provide you with a Critical Information Summary (CIS) for the relevant Service. The CIS sets out key details including pricing, inclusions, contract length, and early termination fees. You should read the CIS carefully before proceeding.
3.3If you are a Small Business Customer, you have a right to cancel this Agreement within 10 Business Days of entering into it (cooling-off period), without incurring an Early Termination Fee, provided you have not already used the Service. To exercise this right, notify us in writing within that period at caznet@caznet.com.au or by post to GPO Box 2409, Adelaide SA 5001. You remain liable for any Fees for Services actually used during the cooling-off period.
3.4We may accept or decline any Service Order based on factors including:
  • 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.
3.5If you are a Wholesale Customer, additional terms may apply as set out in your Wholesale Agreement or Service Order, which will prevail over these General Terms to the extent of any inconsistency. Wholesale Customers acknowledge their own obligations under applicable telecommunications law and regulations in connection with the on-supply of our Services.

4 — Contact Us

4.1To contact Caznet:
4.2For hearing or speech assistance, contact the National Relay Service on 133 677.
4.3For assistance in other languages, contact the Translating and Interpreting Service (TIS) on 131 450.
4.4Please contact us, not our Suppliers, with questions about your Service. Our Suppliers have no direct liability to you, and you must not bring a Claim against a Supplier in relation to a Service.

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

5.2.1We aim to provide a continuous Service but cannot guarantee it will be free of interruptions. Some Services depend on third-party infrastructure beyond our control.
5.2.2We are not obliged to restore a Service fault caused by:
  • 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

5.4.1You acknowledge that VoIP services:
  • 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.
5.4.2You are responsible for ensuring that 000 emergency calling is correctly configured for all VoIP handsets and services on your account, and for notifying all users of any limitations.
5.4.3We will register your service address with the Emergency Call Person for location information purposes. You must notify us promptly if your service address changes.

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

7.2.1We (or our Suppliers) may require access to your premises for installation, maintenance, or Equipment retrieval. You agree to provide reasonable access on reasonable notice during business hours.
7.2.2If you do not own the premises, you warrant that you have the owner's permission for our access.
7.2.3If you fail to provide access, we may restrict, suspend, or cancel your Service.

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

7.4.1Title in Purchased Equipment passes to you only on receipt of full payment. Risk passes on delivery.
7.4.2We do not offer refunds for change of mind. Returns for change of model must be made within 7 Business Days of delivery in original condition. A restocking fee of 15% of the original purchase price applies.

8 — Numbers and Public Identifiers

8.1Phone numbers and other Public Addressing Identifiers (including IP addresses) issued to you are subject to regulatory requirements. On cancellation of a Service, your right to use an allocated identifier may cease.
8.2We are not liable if we are required to change, withdraw, or reassign a Public Addressing Identifier by direction of a Regulatory Authority.
8.3Number portability rights are available in accordance with the Telecommunications Numbering Plan 2015 (Cth).

9 — Privacy and Personal Information

9.1Our Privacy Policy (available at www.caznet.com.au) sets out how we collect, use, store and manage your Personal Information. You agree to our Privacy Policy when you engage our Services.
9.2We collect and use Personal Information to identify you, assess your Application, supply and manage the Services, issue invoices, collect Fees, prevent fraud, and comply with our legal obligations.
9.3We may share your Personal Information with Suppliers, service providers, credit reporting agencies, government agencies, law enforcement bodies, and any transferee of our business, in accordance with our Privacy Policy and applicable law.
9.4You consent to us disclosing your Personal Information to a Credit Reporting Agency for creditworthiness assessment and debt recovery purposes.
9.5We are required by law to provide your details to the manager of the Integrated Public Number Database (IPND) for Approved Purposes.
9.6You warrant that any Personal Information you provide to us is complete and accurate, and you must keep it current.

10 — Confidentiality

10.1Each party will keep confidential any information provided by the other that is, by its nature or the circumstances of disclosure, confidential. Neither party will disclose such information to any third party without consent, except as required by law or where the information is already publicly available through no breach of this Agreement.
10.2On termination, each party will return or certify the destruction of the other's confidential information.

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

12.1.1For new Services, we will issue an invoice on the date your Service is connected, covering the period from the connection date to the end of that calendar month. Connection fees and hardware costs will be included on this first invoice where possible.
12.1.2Thereafter, invoices are issued on the 1st of each month, in advance for that calendar month (e.g. an invoice issued on 1 May covers 1 May to 31 May).
12.1.3Usage charges and any excess charges are billed in arrears and will appear on the following month's invoice.
12.1.4We may issue an interim invoice if you change your plan, add a new Service, relocate a Service, or if we have reasonable grounds to believe you are a credit risk.
12.1.5We may reissue an invoice if errors are identified after issue.

12.2 Payment

12.2.1Payment is due by the Due Date (10 Business Days after the invoice date, unless otherwise specified).
12.2.2We accept payment by direct deposit, direct debit, or credit card. Payment details and direct debit authorisation forms are available on request and on our invoices.
12.2.3You must pay all undisputed invoices in full by the Due Date, without set-off, counterclaim or deduction.

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:

TimingAction
From the Due DateReminder notices issued; interest may be charged; administrative costs may be recovered
5 Business Days after Due DateService Restrictions may be imposed
21 days after Due DateService 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

13.5.1If we reasonably believe you may be a credit risk, we may require prepayment before providing a Service.
13.5.2We may require a security deposit following a credit assessment. We will repay any unused portion within 5 Business Days of the relevant Service ending.

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 changeNotice periodRight to exit?
Detrimental changeAt least 21 daysYes — see clause 14.3
Beneficial or neutral changeImmediateNo
Urgent change (law, security, network)As soon as reasonably practicableNo
Fee increase (tax, Supplier costs)Reasonable noticeNo

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

15.1You may assign your rights under this Agreement with our prior written consent, which we will not unreasonably withhold provided the proposed transferee meets our eligibility and credit requirements.
15.2We may assign our rights and novate this Agreement at any time to a related body corporate, a Supplier, or a purchaser of all or part of our business. We will notify you of any such transfer.

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:

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

17.2.1We accept liability for interruptions to a Service longer than 48 hours from the time you report the fault to us, to the extent of providing a pro-rata refund of Service Fees for the period of interruption.
17.2.2We do not provide refunds for interruptions caused by a Force Majeure Event, Customer Equipment failure, power or premises issues, Scheduled Maintenance, insignificant outages, or our lawful restriction or suspension of your Service.
17.2.3To request a refund under this clause, contact us at +61 8 8470 8900 or caznet@caznet.com.au.

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

17.5.1To the extent permitted by law, our total liability to you for any loss or damage arising under or in connection with the supply of Services is limited to the Fees paid by you for the relevant Service in the 3 months preceding the event giving rise to the claim.
17.5.2To the extent permitted by law, neither party is liable to the other for any Consequential Loss.
17.5.3We have no liability for loss caused or contributed to by your own acts or omissions, or by Customer Equipment.
17.5.4Nothing in these Terms excludes or limits liability that cannot lawfully be excluded under the ACL or any other applicable law.

18 — Force Majeure

18.1Neither party is liable for any delay or failure caused by a Force Majeure Event, except for the obligation to pay money.
18.2If a Force Majeure Event continues for more than 30 days, either party may terminate the affected Service by written notice.

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

19.4.1You may cancel a Service with at least 30 days' written notice. Early Termination Fees may apply during a Fixed Term.
19.4.2You may cancel immediately by written notice if we are in material breach of this Agreement and fail to remedy it within 30 days of your written notice, or if the breach cannot be remedied. No Early Termination Fee applies, but all outstanding Fees remain payable.

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

20.1On termination for any reason, you must:
  • 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.
20.2We may delete your data from any storage media after a Service ends. You are solely responsible for backing up your data.
20.3Where a Fixed Term Service expires, we will continue to supply the Service on a month-to-month basis until either party terminates in accordance with this Agreement.
20.4Provisions that by their nature survive termination (including liability, indemnity, and confidentiality provisions) continue after this Agreement ends.

21 — Notices

21.1We will communicate with you by the following methods:
MethodWhen received
EmailDate sent, provided no delivery failure is received
InvoiceAs per the method of invoice delivery
Post (registered)2 Business Days after posting
Post (ordinary)4 Business Days after posting
SMS / voicemailDate of delivery
Website publicationDate of publication
21.2You consent to receiving notices by email and are responsible for keeping your contact details current.

22 — General

22.1Governing law. This Agreement is governed by the laws of South Australia. Both parties submit to the exclusive jurisdiction of the courts of South Australia.
22.2Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior representations, negotiations, and understandings.
22.3No waiver. A failure or delay in exercising any right is not a waiver. A waiver is only effective if made in writing.
22.4Severability. If any provision is illegal, void, or unenforceable, it may be severed without affecting the remaining provisions.
22.5TCP Code compliance. We comply with the Telecommunications Consumer Protections Code C628:2019 (as updated). Wholesale Customers are responsible for their own TCP Code compliance in respect of their end users and indemnify us against any breach arising from their conduct.
22.6Intellectual property. You do not acquire any interest in Caznet's intellectual property, or in any phone number, IP address, domain name, or other identifier issued to you.
22.7Interpretation. Unless the context requires otherwise: the singular includes the plural and vice versa; a reference to legislation includes that legislation as amended or re-enacted; "including" is not a word of limitation; headings are for convenience only; and a reference to dollars is to Australian currency.

23 — Dictionary

Acceptable Use PolicyCaznet's policy for fair and lawful use of the Services, published at www.caznet.com.au
ACMAAustralian Communications and Media Authority
AgreementThe agreement between you and Caznet comprising the documents in clause 2.1
Approved PurposesHas 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 DayMonday to Friday, excluding South Australian public holidays
CaznetCaznet Pty Ltd ABN 47 143 897 303
ClaimAny debt, liability, cause of action, claim, proceeding or demand however arising under or in connection with this Agreement
Consequential LossLoss of profits, revenue, opportunity, anticipated savings, data, goodwill, or any indirect, special, punitive or exemplary loss
CPIConsumer 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
CSGCustomer Service Guarantee Standard under the Telecommunications (Customer Service Guarantee) Standard 2011
Customer EquipmentEquipment in your possession, ownership or control, other than Service Equipment
Due Date10 Business Days after the invoice date, unless otherwise specified
Early Termination FeeThe fee payable if you cancel a Fixed Term Service before its expiry, as set out in the relevant CIS or Service Order
EquipmentService Equipment or Purchased Equipment, as applicable
FeesAll amounts payable for the Services as set out in a Service Order, Service Description, or CIS
Fixed TermThe minimum contract period for a Service, as set out in the Service Order or Service Description
Force Majeure EventAny 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
IPNDIntegrated Public Number Database
InterestInterest at the rate prescribed by the Penalty Interest Rates Act 1983 (SA) plus 2%, calculated daily and compounded monthly
InterruptionA delay in supplying, failure to supply, or defect in the supply of a Service
LawCommonwealth, State or local legislation, binding judicial or regulatory orders, binding industry codes, and common law
Personal InformationHas the meaning given in the Privacy Act 1988 (Cth) and s 276(1) of the Telecommunications Act 1997 (Cth)
Public Addressing IdentifierIncludes phone numbers, IP addresses, domain names, and other identifiers
Purchased EquipmentEquipment sold by Caznet to you
Review Date1 July of each year
RFS DateThe date a Service is operational and ready for use
Scheduled MaintenancePlanned maintenance of which reasonable notice is given
ServiceThe service(s) described in a Service Order and Service Description
Service DescriptionThe document describing a Service and any specific terms applicable to it
Service EquipmentEquipment provided by Caznet or a Supplier for use with a Service, but not sold to you
Service OrderA request by you, accepted by Caznet, for the provision of one or more Services, forming a contract for those Services
Service RestrictionA limitation applied to your Service, including internet speed reduction, VoIP limited to emergency calls, or suspension of purchasing facilities
Small Business CustomerA customer with a business ABN who is a small business within the meaning of the ACL
Special ConditionsAdditional or varied terms agreed between the parties in a Service Order
SupplierA third party from whom Caznet acquires services forming all or part of a Service supplied to you
TCP CodeTelecommunications Consumer Protections Code C628:2019 (as updated)
Wholesale CustomerA customer who purchases Services from Caznet for on-supply to end users
we / us / ourCaznet Pty Ltd ABN 47 143 897 303
you / yourThe account holder for the Service
Caznet Pty Ltd  ·  ABN 47 143 897 303  ·  172 Morphett Street, Adelaide SA 5000  ·  GPO Box 2409, Adelaide SA 5001
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