Introduction

This document outlines changes to the EFTel Standard Form of Agreement (SFoA) and Acceptable Use Policy (AUP).

Why is EFTel changing the SFoA and AUP?

• To improve clarity
• To support new services, such as our Speak telephone service and future services currently under development
• To lead the industry in compliance with telecommunications industry codes of practice.

Which customers will be affected?

All EFTel customers except those who receive a Broadband Connect subsidy.  Broadband Connect customers are covered under a separate agreement.

When do these changes take effect?

The updated SFoA and AUP will apply to all new services connected from Tuesday 3 April 2007, and to existing customers from Monday 7 May 2007.

Specific changes to the Standard Form of Agreement

Paragraph 1.4 (insertion in italics):

1.4 If anything in this document is inconsistent with something specifically agreed in writing with you, then the particular arrangement agreed with you applies instead of the inconsistent part of this document to the extent of the inconsistency only.

Paragraph 1.6 (changes in italics; deletions struck out):

1.6 You may obtain a hard copy of this document from our business office at Level 8, QV.1 Building, 250 St Georges Terrace, Perth, WA 6000, or any other business office listed on by visiting our website (www.eftel.com.au).

Paragraphs under section 2:

We have removed paragraph numbers from each of the definitions.  This will enable us to add additional definitions in the future without having to renumber the paragraphs.

Paragraph 2.9:

Changed from:

2.9 "this agreement" means the agreement made between us consisting of these general terms and conditions, the Acceptable Use Policy and everything else agreed between us when you ordered the services (as amended from time to time).

to:

2.9 "this agreement" means the agreement made between us consisting of:

• these general terms and conditions,
• the Acceptable Use Policy,
• terms specific to the service, as described on the application forms, our website, the product packaging and other published documentation, and
• everything else agreed between us in writing, and with the consent of our Chief Executive Officer, when you ordered the services (as amended from time to time).

New paragraph 3.6:

3.6 We may assign priority to certain types of data traffic.

New paragraph 3.7: 

3.7 We may, without notice, take any action that we consider necessary in order to ensure the secure and efficient operation of our network. 

New paragraph 3.8: 

3.8 We may permanently and irrevocably remove stored email messages from our servers if they have remained there for more than 3 months.

Paragraph 4.6 (insertion in italics):

4.6 If you do not pay any amount due to us under this agreement by the due date, we may:

• terminate, restrict or suspend the service and all other services in your name
• use an external agency to recover the debt
• charge you a late payment fee
• charge you a disconnection fee if we terminate, restrict or suspend the service
• add our collection costs to the amount that you owe us.

Paragraph 4.8 (insertion in italics):

Paragraph 4.9 (insertion in italics):

Paragraph 4.10:

Changed from:

to (altered text in italics):

Paragraph 4.16 (insertions in italics; deletion struck out):

4.16 If we restrict or suspend the service is restricted or suspended in accordance with this agreement, charges will continue to accrue at the same rate that would have been applicable had the service not been restricted or suspended.

New paragraph 4.17:

New paragraph 4.18:

New paragraph 4.19 (moved from 8.7; deletion struck out):

New paragraph 4.20 (replaces 8.8):

Changed from:

to:

4.20 We may change any other component of the price of the service by giving you 21 days notice.  If we increase the overall price of the service (excluding call costs) during an agreed fixed term, you may cancel the service within 42 days with no early termination fee.  However, you must still pay any other charges applicable to the period during which you used the service.

Restructured section 5 (insertions in italics; deletions struck out):

5.1 Termination by you

5.1.1 You may cancel the service at any time by giving us 1 calendar month’s 30 days notice in writing.

5.1.2 If you cancel the service, You must pay the full balance of the account within 7 14 days of receiving the final invoice, which may include charges incurred or billed after the date of your cancellation notice and other termination and cancellation charges.  We will not pay you a refund for any unused part of the service.

5.1.3 If you cancel the service before the end of an agreed fixed term, an early termination fee will apply.  Unless the product description indicates otherwise, that fee will be the number of months remaining in the agreed fixed term multiplied by the monthly access fee.

5.2 Termination by us

5.2.1 If we reasonably believe that you may have breached this agreement, we may terminate, restrict or suspend the service without notice at our discretion.  If we do this, we will not pay you a refund for any unused part of the service.  If we do this, we will not pay you a refund for any unused part of the service.

5.2.2 We may terminate the service at any time without notice if the service depends upon a third party service, and the third party withdraws that service from us.  If we do this, we will give you a pro-rata refund of any access fees that you have paid in advance.

5.2.3 We may terminate the service at any other time, by giving you 1 calendar month’s 30 days notice.  If we do this, we will give you a pro-rata refund of any access fees that you have paid in advance.

Paragraph 8.1 (insertion in italics; deletion struck out):

Paragraph 8.4 (insertion in italics; deletion struck out):

New paragraph 8.8:

Paragraph 10.3 (insertion in italics; deletion struck out):

Paragraph 12.2:

Changed from:

to:

12.2 This agreement will be interpreted under the laws of the Australian state or territory in which you ordinarily reside, or if you ordinarily reside outside Australia, under the laws of Western Australia.  You agree to submit to the jurisdiction of the courts of the state or territory under which this agreement is to be interpreted.

New paragraph 12.3:

12.3 The contact telephone number for customer service is 1300 550 550. The contact telephone number of the National Relay Service is 133 677.  The contact telephone number of the Translating & Interpreting Service is 13 1450.

Changes to the Acceptable Use Policy

Paragraph 5.1 (insertion in italics):

5.1 Unless the product description indicates otherwise, you must not run an email server on a consumer grade service.

Paragraph 5.14 moved to paragraph 4.5:

Apart from renumbering, no changes were made to that paragraph.

Paragraphs 8.0 and 8.1 (insertions in italics; deletions struck out):

8.0 Fair home use guidelines for 512Kb/s "unlimited" plans

8.1 We have an obligation to all of our customers to provide fast and reliable network access.  If you enter the top 1% of volume users for your plan on our network, we may request that you change to a business grade another plan.  Alternatively, we may decline to renew your account at the end of the current billing period.

New paragraph 8.2:

We have introduced paragraph 8.2 because our major upstream wholesale provider has included it in our agreement with them.

8.2 We may terminate, restrict or suspend an ADSL service without notice if in any one month period:

• the sum of data uploaded and data downloaded exceeds 30 gigabytes, and
• the amount of data uploaded is more than the amount of data downloaded.