Legal

Telecommunications Terms And Conditions

Clarkson McLaren Corporate Communications Pty Ltd (Telecommunications) TERMS AND CONDITIONS

Clarkson McLaren Corporate Communications Pty Ltd (Hereinafter referred to as CMCC), ABN 76 107 961 795 will supply you with telecommunications services (“Services”) on the terms and conditions set out below. Words not defined in these terms and conditions have the same meaning as in the Telecommunications Act 1997.

1. OUR AGREEMENT WITH YOU

1.1 As a customer of CMCC the terms and conditions form the basis of our agreement.

1.2 Our agreement with you also includes your application or order form which you complete and provide to us. We may accept and rely on facsimile copy of the application or order form as if it was an original. You will be bound by a facsimile copy of the application or order form as if it was an original.

1.3 Our agreement with you also includes our currently applicable price list. The price list may change from time to time, but we will notify you of any changes when they happen. Copies of the price list are available from us, upon request.

1.4 This agreement will commence on the date of its signing by us.

1.5 You may cancel this agreement at any time on one month’s written notice to us.

1.6 Subject to earlier termination, this agreement will automatically renew at the end of a 12 months period for further consecutive periods of 12 months, unless, not less than one month prior to the expiry date of any such period, either party gives the other a notice of non-renewal of this agreement, in which event the agreement shall expire at the end of the then current 12 month period.

2. SERVICE DESCRIPTION

2.1 Services will be supplied to you through the carriers or networks (“Carriers”) that we nominate. You agree that we –

(a) may change Carriers without reference to you and at any time; and

(b) have your express authorisation to notify any relevant Carrier in respect of and to effect any such change.

2.2 We do not warrant that we will be able to supply Services and we are not liable for any failure to provide all or part of any of the Services, but, to the extent and to the standard that Carriers provide Services to us, those Services will be provided by us to you. When your connection is disrupted, we will do our best to reinstate our Services to you as soon as we can.

2.3 When using the Services, you agree to –

(a) comply with all statutes, regulations, by-laws or licence conditions of any government body; and

(b) not breach any person’s rights or otherwise cause us or a Carrier loss, liability or expense.

2.4 Our obligations to provide the Services ceases when we transfer your account to another supplier and the other supplier takes over full billing of those services.

2.5 You agree that calls and usage of the 1488, or any other override code:

(a) may not be available in all areas of service

(b) are not used for the purpose of internet dial up connections or data calls.

3. CHARGES AND PAYMENT

3.1 You agree during the term of this agreement:

(a) to be charged for the Services we provide to you, regardless of whether it is you who uses them, at our current prices from time to time;

(b) to pay us for all calls made using the 1488 or any other provided by us to you, access codes (whether you use it by override code dialling (automatic or otherwise) or through pre-selection);

(c) as our charges are exclusive of any taxes, that we can pass on to you the full amount of any taxes payable on the charges and GST; and

(d) to pay accounts on a 14 day invoice for all of those charges (including taxes) by the date specified in the account (“Due Date”).

(e) that calls made using the 1488 override code to dial up internet/data services will be charged on a per minute basis

3.2 If you dispute in good faith an amount in the account, you must notify us in writing within fourteen days setting out reasons for the dispute and the amount in dispute. Notwithstanding any dispute as to any amount of any charge, you must pay the undisputed amount of each account by the Due Date.

3.3 If you do not pay the account by the Due Date, then we may charge an administration fee of $16.50 per month or part thereof or 5% of the outstanding amount of the invoice and suspend all or part of your Services pending payment of outstanding amounts on the account. Nothing in this clause affects our rights to terminate this agreement under clause 8.

3.4 If you direct us to transfer any of the Services to another supplier, you will pay to us on receipt of an account under our normal payment terms -

(a) all of our accounts up until the time we stop providing the Services; and

(b) all other proper charges that we become aware of after the date of transfer that relate to the Services we provided to you.

3.5 If at any time we disconnect or suspend any of your services, a re connection fee of $55 per service may be charged. Re-connection of services may take up to 5 working days.

3.6 You agree that all charges for White Pages and Yellow Pages Directory Listings invoiced by CMCC are generated by Sensis Pty Ltd and as such are not within the control of CMCC and that Sensis Pty Ltd will not provide us with any information relating to such charges. If at anytime you dispute Directory Listings charges, you agree to contact Sensis Pty Ltd directly to resolve any such dispute and to indemnify CMCC in relation to any loss.

3.7 We may pass on the cost of merchant fees incurred from credit card payments.

3.8 We may charge a $3.30 handling fee for invoices sent by post.

4. AMENDMENTS TO TERMS AND CONDITIONS

Without limiting clause 3.1, we may vary, alter, replace or revoke any of these terms and conditions effective upon the expiry of 14 days written notice from us. We may interpret your ongoing use of the Services after that date as constituting your acceptance of any such variation, alteration, replacement or revocation of these terms and conditions.

5. USE OF INFORMATION AND THE PRIVACY ACT 1988

You agree to provide us with any information we request in connection with our providing the Services to you under this agreement and hereby authorise us to use information provided by you as set out below, subject to the provisions of the Privacy Act, 1988, the Telecommunications Act, 1997 and any other applicable act or mandatory code of practice:

5.1 You authorise and consent to the following:

(a) our conducting a physical audit of the Services and any equipment supplied in respect of the Services should we consider it necessary;

(b) our exchanging with Carriers all information about you and the Services provided to you in our possession or control including, but not limited to, your name, billing address, street address, relevant telephone numbers, any information obtained by us for the purpose of your application and this agreement;

(c) the Carrier exchanging with us any information in the Carrier’s possession or under its control in relation to the Services including, without limitation, all your records and, in particular, exchange line details, account information, call charge records and call event records; and

(d) ours and the Carrier’s use of the information referred to in paragraphs (b) and (c) of this clause.

5.2 our obtaining from a credit reporting agency a credit report containing personal credit information about you in relation to commercial credit provided by us.

5.3 our obtaining personal information about you from other credit providers, whose names you provided for CMCC Pty Ltd or that may be named in a credit report, for the purpose of assessing your application for commercial credit made to us.

5.4 our obtaining a consumer credit report about you from a credit reporting agency for the purpose of collecting overdue payments relating to commercial credit owed by you.

5.5 Our providing any information about you to any law enforcement agency as required or authorised by statute or regulation.

5.6 Our refusing to provide you with information we hold about you where to do so would in the case of personal information would pose a serious and imminent threat to the life or health of any individual; providing access would have an unreasonable impact upon the privacy of other individuals; the request for access is frivolous or vexatious; the information relates to existing or anticipated legal proceedings between the organisation and the individual, and the information would not be accessible by the process of discovery in those proceedings; providing access would reveal the intentions of the organisation in relation to negotiations with the individual in such a way as to prejudice those negotiations; providing access would be unlawful; denying access is required or authorised by or under law; providing access would be likely to prejudice an investigation of possible unlawful activity; providing access would be likely to prejudice the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; the enforcement of laws relating to the confiscation of the proceeds of crime; the protection of the public revenue; the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders; by or on behalf of an enforcement body; or an enforcement body performing a lawful security function asks the organisation not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.

6. TRANSFER OF SERVICES

6.1 When you transfer any services (“Transferred Services”) from a Carrier, a telecommunications service provider or equipment supplier who supplies telecommunications services or equipment to you at the time of signing this agreement (“Current Supplier”) to us, you authorise us to sign on your behalf and in your name any forms required by the Current Supplier to transfer the Transferred Services as we direct.

6.2 You agree to immediately pay to the Current Supplier any amounts owing for the Transferred Services up to the date of the transfer.

7. LIMIT ON LIABILITY

7.1 We do not exclude or limit –

(a) the application of any provision of any statute (including the Trade Practices Act 1974, the Privacy Act 1988 or the Telecommunications Act 1997) where to do so would contravene that statute or cause any part of this clause 7 to be void; or

(b) direct losses and damages which arise only as a result of our gross negligence (which means where we commit an act or allow an omission to occur in reckless disregard the consequences of the act or omission).

7.2 Except where clause 7.1 applies, we exclude all statutory liability, tortious liability (including but not limited to liability in negligence), conditions and warranties implied by custom, the general law or statute, liability for all direct, economic, consequential or indirect losses, expenses, damages and costs incurred by you, arising out of or relating to the Services, any failure to supply or delay in supplying the Services or out of or relating to this agreement, including, but not limited to, liability for gross negligence and except to the extent of clause 7.1(a), we are not responsible or liable for any indirect consequential or economic damages, including, without limitation, loss of income or profit or loss of actual potential business opportunities.

7.3 Our liability to you for any breach of any implied provision of this agreement (other than an implied warranty of title) is limited, at our option, to refunding the price of the goods or Services in respect of which the breach occurred, or to providing, replacing or repairing those goods or providing those Services again.

7.4 We are not liable to you for any delay in the connection or failure in the operation of the Services. which are beyond our control

8. TERM OF AGREEMENT

8.1 We may immediately terminate this agreement by written notice at any time if, without our prior written consent: you breach any term or condition of this agreement; a receiver or receiver and manager is appointed over any of your property or assets; a liquidator or provisional liquidator is appointed to you; you become bankrupt; you enter into any arrangements with your creditors; you assign or otherwise deal with your rights under this agreement; you cease to carry on business; or there is a material change in your direct or indirect ownership or control.

8.2 We may also immediately terminate this agreement at any time by written notice if the Carriers cease to provide necessary services to us.

8.3 You agree to pay for all services utilised in this agreement. If any funds are left outstanding the company director/s and/or person’s signing application form will be held personally liable.

8.4 If we terminate this agreement in accordance with this clause and a Carrier arranges to supply you services other than through us, you acknowledge that –

(i) the Carrier may not be able to make those arrangements immediately; and

(ii) once the Carrier has made arrangements, the services acquired by you from the Carrier will be acquired on the Carrier’s then current tariffs and terms and conditions and the Carrier will bill you accordingly.

9. ASSIGNMENT

Your rights under this agreement are personal. You must not assign or attempt to assign any right or obligation under this agreement without our written consent. We may assign all or any of our rights and obligations under this agreement at any time by notifying you in writing.

10. OUR EQUIPMENT

10.1 Risk in any equipment provided by us or any third party to you for purchase or hire (“Equipment”) passes to you upon delivery. You will accept any Equipment on the basis of these Terms and Conditions and any additional terms and conditions notified at the time of delivery.

10.2 Title to any Equipment provided for purchase does not pass to you until all amounts owing to us under this agreement and the cost of such Equipment have been paid in full. Until title passes to you, the Equipment will be held by you as bailee for us.

10.3 On the termination of this agreement for any reason, you will immediately return all Equipment owned by us or make it available for our collection.

11. OTHER EQUIPMENT

11.1 Where you have PABX or other network equipment, you must ensure that it is programmed as we specify.

12. DISPUTE RESOLUTION

12.1 If you have a complaint or dispute with us, you must notify us of your complaint or dispute and we will deal with it in accordance with our internal complaint handling guidelines. A copy of our internal complaint handling guidelines is available upon request.

13. MISCELLANEOUS

13.1 Any notice, demand, consent or other communication required to be given to either party must be delivered personally or sent by prepaid mail or by facsimile to the address of the other as last notified.

13.2 Clauses 2.5, 3.5, 5, 7, and 10 shall survive the expiration or termination of this agreement.

13.3 This agreement shall be governed by and construed in accordance with the law of New South Wales and the parties hereby submit to the non-exclusive jurisdiction of the courts of that State.

13.4 This agreement contains yours and our entire understanding to the exclusion of any and all prior or collateral agreement or understanding relating to the Services, whether oral or written.

13.5 If any part of this agreement is found to be invalid or of no force or effect, this agreement shall be construed as though such part had not been inserted and the remainder of this agreement shall retain its full force and effect.

Acceptable Use Policy
Complaints Handling Policy
Credit Policy
Internet & Data Terms & Conditions
Privacy Policy
Refund Policy
Telecommunications Terms & Conditions
Customer Service Guarantee

Oct 08, 2009 | Categories: Legal | Comments Off

Refund Policy

Clarkson McLaren Corporate Communications Refund Policy

Refunds, credits or exchanges may be provided in the following circumstances:

The CMCC cancels a product or service in part or in full.
The client cancels an order for a product or service in part or in full.
The product is unsatisfactory
The price varies from that advertised or paid by the client either up or down
The CMCC cancels a product or service and replaces it with a differently priced one
The person or organisation billed did not originate the charge as a result of fraudulent use of credit cards or other such circumstances.

This policy is subject to any specific licence agreement or contract applicable to specific products and services. This policy contains yours and our entire understanding to the exclusion of any and all prior or collateral agreement or understanding relating to the Services, whether oral or written. If any part of this agreement is found to be invalid or of no force or effect, this agreement shall be construed as though such part had not been inserted and the remainder of this agreement shall retain its full force and effect.

Hardware Refund Policy
Product Not Available

Where a client has paid for a product or service which is not subsequently available, the client is entitled to a full credit or, at the client’s request, a refund.

Order is Cancelled Prior To Delivery – Subscriptions

Where a client cancels a subscription product or service in full or in part, the client is entitled to a full credit of that portion of the product or service that has not been delivered.

Order Is Cancelled Prior To Delivery – Standard Products

Where a client cancels a standard product or service in full or in part, the client is entitled to a full credit of that portion of the product or service that has not been delivered.

Order Is Cancelled Prior To Delivery – Customised Output

Where a client cancels a product or service in full or in part, the client is entitled to a full credit of that portion of the product or service that has not been delivered, less the costs already incurred in developing or preparing that product or service.

Product Is Returned As Being Unsatisfactory
Unless there is a specific licence agreement or contract in place, the CMCC Conditions of sale apply :”Subject to any warranty which may be implied by law, the Commonwealth’s liability to the client for any loss, damage or injury howsoever caused by the Commonwealth, whether due to negligence or otherwise, in relation to a product shall be limited to providing a replacement copy of that product”.

Therefore, a refund or credit is not generally applicable. However, where it can be ascertained that the client’s dissatisfaction is attributable to error on the part of the CMCC, the CMCC may allow a refund.

Price Variations

Where the price of a prepaid product or service decreases in accordance with any other CMCC policy, prior to the release of the product or service, the client is entitled to a credit of the difference.

If price of a prepaid product or service increases in accordance with any other CMCC policy the CMCC will not seek to recover the difference.

Superseded Products

If the CMCC cancels a prepaid product or service and replaces it with a lesser priced product or service, then the client shall receive a credit of the difference.

Where the CMCC cancels a prepaid product or service and replaces it with a greater priced product or service, the CMCC will not seek to recover the difference

Recurring Communications Supply Refunds

CMCC supplies the following post paid communications products

Telecommunications
- Fixed Wire Voice
- PSTN
- ISDN
- Inbound 13/1300/1800
  - Internet Services – DSL and Dial Up
  - Teleconferencing
  - Mobile Services

These services are provided on a recurring opt in contractual basis. Standard terms and conditions apply for invoicing and payment of these services (See Terms & Conditions) where a client elects to pay for these services online through credit card and as per our standard terms and conditions any charges requiring a credit will be placed on the following months invoice.

Wherefore a client has terminated services with us and has monies owed CMCC agrees to refund monies owed only in the manner for which they were paid.

Proof Of Purchase

Proof of purchase is required for purchases for which a refund is sought:

For purchases receipted through CMCC Point of Sale machines, a POS receipt is required;
For invoiced products, the invoice number is required;
For credit card purchases, the credit card receipt or tax invoice is required.

Refunds

The method of refund will be via cheque or credit card transfer only.

More Information

To obtain a refund or credit, contact the person who sold you the product. If you purchased the product through the web site, contact CMCC on 1300 788 354.

Governing Law

This agreement shall be governed by and construed in accordance with the law of New South Wales and the parties hereby submit to the non-exclusive jurisdiction of the courts of that State.

Acceptable Use Policy
Complaints Handling Policy
Credit Policy
Internet & Data Terms & Conditions
Privacy Policy
Refund Policy
Telecommunications Terms & Conditions

Oct 08, 2009 | Categories: Legal | Comments Off

Privacy Policy

CLARKSON MCLAREN CORPORATE COMMUNICATIONS PTY LTD PRIVACY POLICY STATEMENT

Clarkson McLaren Corporate Communications Pty Ltd ACN: 107 961 795 (Hereinafter referred to as CMCC)

This Privacy Policy Statement sets out the approach which CMCC will take in relation to the treatment of Personal Information. It includes information on how CMCC collects, uses, discloses and keeps secure, individual’s Personal Information. It also covers how CMCC makes the Personal Information it holds available for access to and correction by the individual.

1. COLLECTION

CMCC will only collect Personal Information where the information is necessary for CMCC to perform one or more of its functions or activities.

CMCC collects Personal Information primarily to supply customers with the products and services ordered from it and its related companies.

CMCC collects personal information in a number of ways, including:

a. directly from you, when you provide information by phone, email or in documents such as an application form;
b. from third parties such as our related companies, credit reporting agencies or your representatives;
c. from publicly available sources of information;

CMCC also collects and uses Personal Information for secondary purposes including:

a. Billing and account management
b. Business planning and product development
c. To provide individuals with information about promotions, as well as the products and services of other CMCC companies and other organizations.

CMCC will notify individuals of the matters listed below before collecting any Personal Information:

a. The main reason that we are collecting Personal Information
b. Other related Uses or Disclosures that we may make of the Personal Information
c. Our identity and how individuals can contact us
d. That individuals can access the Personal Information that CMCC holds about them
e. That individuals should contact our customer service department if they wish to access or correct or alter Personal Information collected by CMCC
f. The organizations to whom we disclose Personal Information to

Where it is not practicable for CMCC to notify individuals of all of the Collection Information before the collection of the Personal Information, CMCC will ensure that individuals are notified of the Collection Information as soon as possible after the collection.

2. USE

CMCC will obtain an individual’s consent for Use of non-sensitive Personal Information for Secondary Purposes at the time of collection.

CMCC will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date.

3. DISCLOSURE

CMCC 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.

CMCC may Disclose Personal Information to unrelated third parties to enable outsourcing of functions (such as billing)

CMCC 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.

CMCC may Disclose Personal Information to law enforcement agencies, government agencies, courts or external advisers where permitted or required by law.

If a Disclosure is not for a Primary Purpose; is not for a related Secondary Purpose; or upfront consent has not been obtained, CMCC will not Disclose Personal Information otherwise than in accordance with the exceptions set out above.

4. INFORMATION QUALITY

CMCC will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.

5. INFORMATION SECURITY

CMCC requires employees and contractors to perform their duties in a manner that is consistent with CMCC’s legal responsibilities in relation to privacy.

CMCC 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 CMCC who have a genuine “need to know” as well as “right to know”.

CMCC will review, on a regular and ongoing basis, its information security practices to ascertain how ongoing responsibilities can be achieved and maintained.

6. OPENNESS

CMCC’s website will contain a prominently displayed privacy statement. To contact us, please refer to the “How to contact us” section below.

7. ACCESS AND CORRECTION

CMCC will allow its records containing Personal Information to be accessed by the individual concerned in accordance with the Privacy Act.

CMCC 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 CMCC in writing at the contact details listed below.

CMCC reserves the right to charge a fee for searching for and providing access to your information.

8. ANONYMOUS TRANSACTIONS

CMCC will allow its customers to transact with it anonymously wherever that is reasonable and practicable.

9. TRANSFERRING PERSONAL INFORMATION OVERSEAS

If Personal Information must be sent by CMCC overseas for sound business reasons, CMCC will require the overseas organisation receiving the information to provide a binding undertaking that it will handle that information in accordance with the National Privacy Principles, preferably as part of the services contract.

How to contact us

If you have any questions in relation to privacy, you can write to our Privacy Manager, at

Privacy Manager
Clarkson McLaren Corporate Communications Pty Ltd
GPO Box 2687
Sydney NSW 2001

Acceptable Use Policy
Complaints Handling Policy
Credit Policy
Internet & Data Terms & Conditions
Privacy Policy
Refund Policy
Telecommunications Terms & Conditions

Oct 08, 2009 | Categories: Legal | Comments Off

Internet & Data Terms & Conditions

All Terms and Conditions incorporate Clarkson McLaren Corporate Communications Pty Ltd (CMCC) and CMCC’s subsidiary business units.

GENERAL TERMS AND CONDITIONS FOR INTERNET SERVICES

1. Definitions and Interpretation

1.1 Company means:
- In the case of CMCC Pty Ltd ACN 107 961 795 or any of CMCC’s affiliated companies under this ACN.

“Acceptable Use Policy” means the general use of the CMCC’s Internet services.

“Agreement” means the Application and these terms and conditions as varied by Company.

“Application” means the application to us for Service to you, completed in full and accepted by Company either by notice in writing or by Company providing the Service.

“Billing month” means calendar month or anniversary month as applicable.

“Commencement Date” means the date on which Company commences providing the Service to Customer.

“Customer” means a person whose Application is accepted by Company.
You represent that you are at least 18 years old and that you have the right and ability to enter into this Agreement.

“Law” means any law (including common law), regulation, standard or code of practice including any Law governing the Service or this Agreement.

“Agreement Term” means any minimum period of service as stated in any written information or on the Company website and selected in the Application.

“Company website” means the website at the URL www.cmcc.com.au or such other websites as may be notified by Company from time to time.

“Products” means the provision of products and items sold at Company shops and Company authorised distributors.

Provider means any of Company’s infrastructures, service or utilities providers including providers of infrastructure, services or utilities used in providing the Services.

Service means the provision of services to access and/or utilise the Internet including services to host web pages on its servers and to provide electronic mail accounts and any other services as may be introduced and provided by Company.

1.2 (a) Words denoting the singular include the plural and vice versa.
(b) Including and include are not to be treated as words of limitation.

2. Fees and Charges

2.1 From the Commencement Date, the Customer will pay the fees and such other charges relating to the Service or this Agreement at the rates notified by Company from time to time (”Fees”).

Invoices. Notices for billing invoices are sent via electronic mail. Requests for paper invoices will incur a charge of $3.50(GST inclusive) per mail out.

Payment Terms. Fees are due and payable 14 days from date of invoice. Company may charge the greater of a late payment fee of $10 per month or interest on any overdue Fees at 10% per year from the due date of payment together with any prevailing reminder fee notified by Company.

Monthly Subscription Fees. Monthly subscription fees are billed in advance while excess usage fees are billed in arrears. For accounts with minimum monthly charges, this amount is payable irrespective of the services being used or not.

Additional Charges. Rejected cheques or invalid credit card transactions will be automatically charged back to the Customer’s account. A charge of $20.00 is charged for dishonoured cheques while credit card chargeback’s will attract a fee as advised by the Customer’s credit card provider. A charge of $2.50 applies for posted or faxed invoices. All fees and charges are inclusive of GST.

Change in Charges. Company reserves the right to modify fees and charges for services and products it provides at any time by notice to you. Your continued use of the service after such notice will constitute acceptance of the variation. Notices under this agreement must be sent by post, by facsimile, or by email, unless Company specify an alternative means of giving notice in order to verify your identity. Customers will be notified via email not less than 14 days prior to any such changes.

Invoice Disputes. The Customer must notify Company of any dispute, as soon as practicable but in any event no later than 30 days after issue date of the invoice. A valid notice will contain the full Customer details plus the reasons for disputing the fees or charges. Once Company receives a valid request, it will acknowledge and confirm receipt of the notice to the Customer within 48 hours. The minimum time for Company to review a disputed bill is 14 days.

Credits on Account. Customer must notify Company of any credit request as soon as possible. Full Customer details will be required including the reasons for credit. Once Company receives a valid request, it will acknowledge and confirm receipt of the request within 48 hours. All credit on account requests are to be investigated before it can be granted. Approved credit applications will be given by crediting the Customer’s account. The minimum turnaround of a credit on account is 14 days.

Refunds. Customer must notify Company of any refund request as soon as possible but in any event no later than 30 days after the date on which the reason for the refund request arose. Full Customer details will be required including the reasons for refund. Once Company receives a valid request, it will acknowledge and confirm receipt of the request within 48 hours. All refund applications are to be investigated before it can be granted. The minimum turnaround of a refund application is 14 days. Approved refund applications will be refunded free of interest.

If, in CMCC’s reasonable opinion, the Customer breaches any of the terms and conditions in the Agreement or the Acceptable Use Policy, Company may suspend the Customer’s access. The Customer is not entitled to a credit or refund for loss of access during the suspension period.

Payment Options. Fees and charges are payable by EFT or cheque, invoice or as specified by Company.

Credit Card. If a credit card number has been supplied for billing purposes, this is taken as permission to bill this card for any money owing to the Company. Should this credit card number expire or should Company otherwise be unable to debit valid charges to this credit card number, Company may immediately and without notice withdraw the Customer’s access to the Service. The Customer is responsible for updating or advising Company of any changes relating to their credit card. A standing credit card payment authority may be required if credit card payment is elected.

2.2 Customer will pay to Company such security deposits as Company may require and will pay additional deposits if required by Company.

2.3 Customer must pay Fees even if Customer disputes the Fees. In the event that Company decides a dispute in Customer’s favour, Company will refund to Customer any excess amount paid by Customer free of interest.

2.4 Multiple log-ins are prohibited on any Company service or product unless specified. Unauthorised multiple log-ins will result in automatic suspension without notice.

2.6 If there are any unauthorised or illegal log-ins to Customer’s account, Customer must pay on demand to Company any Fees incurred prior to Customer giving notice in writing to Company in accordance with clause 5.6.

2.7 Customer must pay and will indemnify Company against any charges incurred as a result of the use or purported use (whether authorised or unauthorised) of Customer’s account including international and local telecommunications charges.

2.8 GST

Unless the price for a service is stated on the Agreement to be GST inclusive, if any GST is payable by Company on any taxable supply made under this agreement, Customer must pay to Company an additional amount equivalent to the product of the consideration for that supply and the then prevailing GST rate, subject to receipt of a valid tax invoice. GST exempted Customers are required to send in a notice of exemption from the Australian Tax Office.

2.9 Customer must pay all telecommunications charges (including STD charges if applicable) for use of Service. Company does not assess what telecommunications charges apply to the location from which Customers connect to a Company point of presence.

2.10 Company’s product list (as amended from time to time) located on the Company website specifies the amount of data transfer available to Customers for particular products or services. If Customer transfers data in excess of these megabyte limits, Customer will be charged at the rate specified on the Company website.

2.11 Reconnection. If Company has suspended or terminated Customer’s service for any reason, it reserves the right to charge Customer a Reconnection Fee before Company will reconnect the account or lift the suspension.

3. Company’s Rights

Company has the right to manage and control access to systems and information stored within the Company system, as Company deems appropriate. Company may vary or suspend the Service (or any part of it) including removal of all or part of the content of web pages hosted on its servers, removal of all or part of the postings on its news service and the blocking of electronic messages through its mail servers. Notwithstanding this right, Company does not have the responsibility or capability to edit or review Customer web pages, postings on news services or electronic messages through its mail servers.

Unless the Service through which Customer accesses the Company system is a permanent connection to Company, Company may disconnect a Customer from the Company system (forced logout) without notice if there is no use of the Company system by that Customer for a specified period (which in the case of a dial-up Service is 30 minutes)

Company reserves the right to suspend, without prior notice, some or all of the Service, if Company in its absolute discretion, considers that the Customer has not complied with one or more of the terms in the Agreement or the Acceptable Use Policy or as otherwise misused or abused the Service.

In the event that Company suspends the Service, the Service will be automatically terminated 3 months subsequent to the suspension date if the account has not been reconnected prior to this date.

Special Promotions. Company reserves the right to apply special terms and conditions on special promotions applied to its new services, plans, products or offers. Customers will be advised of these special conditions upon sign ups or product purchases. The terms of a promotion will override these terms to the extent of any inconsistency.

4. Obligations

Customer will, at Customer’s own cost:
(a) be responsible for the set-up or configuration of Customer’s equipment and obtaining all licenses, consents, approvals and rights for access to and use of the Service;
(b) be responsible for all information retrieved, stored and transmitted through the Service and for managing the use of storage capacity so that it does not exceed the capacity allocated to Customer and/or cause congestion in Company’s network system;
(c) not intentionally attack, damage or otherwise interfere with Company’s network system and/or the Service or use it to cause harm to any other person including other users of the Service or other Internet service providers;
(d) not send unsolicited bulk emails to third parties using the Company network;
(e) comply with any Laws in connection with the Service;
(f) not share the Service with any person without the prior written approval of Company and will use the Service only for the purpose for which it is subscribed;
(g) comply with the Acceptable Use Policies

4.1 It is the Customer’s responsibility to keep their details up to date. Accounts may be suspended if Company is unable to contact the Customer via the details supplied by the Customer.

4.2 It is the Customer’s responsibility to ensure that the content of their web pages, postings on news services and electronic messages is not illegal, defamatory, offensive or otherwise in breach of the Acceptable Use Policies.

5. Security

5.1 As information transmitted through the Internet is generally not confidential, Company does not guarantee the protection of Customer’s privacy. Customer will take all necessary measures (including changing Customer’s password from time to time) to protect the secrecy of Customer’s User Identification Name (”UIN”) and/or password. Change of password over the phone will only be permitted and given to the authorised account holder. Verification of the identity of the account holder will be conducted as required by Company. Company is not liable for any loss suffered by Customer or any third party due to any wrongful or fraudulent use of Customer’s account by Customer or any other person.

5.2 Where a Userid is necessary to access the Service, Customer will use only Customer’s own Userid.

5.3 Customer does not acquire rights to any mailbox number, the Userid, IP address, circuit reference and any codes assigned to Customer by Company and Company reserves the right to change or re-assign the same to Customer at its sole discretion without being liable to Customer for any loss suffered by Customer.

5.4 Company will not perform system backups on information stored within its system. Company is not responsible or obligated to provide historical data or to assist Customer in downloading, faxing or reading to Customer any of Customer’s electronic mails.

5.5 If at any time Customer requests Company to reset Customer’s password, Customer must immediately reset that password to a new password.

5.6 Customer must immediately notify Company of any unauthorised use of Customer’s account or any other breach of security known to
Customer. Liability of the Customer only ceases at the time of notice of an unauthorised or illegal account use.

5.7 Company does not warrant that the Service will be uninterrupted or error free.

6. Software

6.1 If Company provides software for use with the Service, Customer is responsible for ensuring that it is suitable for Customer’s needs (including its compatibility for use with the Customer’s equipment)

6.2 Company is not responsible for software not distributed, approved or recognised by Company including software downloaded from the Internet. If Customer uses such software in connection with the Service, Company will not be liable for any fault, loss and/or damage resulting directly or indirectly from such use.

7. Changes in Service

Company requires a minimum of 14 days notice before the intended change in service. If Company receives a valid request, it will acknowledge and confirm receipt of the requested change of Service by e-mail within 48 hours. The effective date of such change will be the first day of the next billing month. If Company receives the change request earlier than 14 days prior to the end of the current billing month, the change should be effective from the first day of the next billing month. Change in charges will only be effective from the 1st day of the next billing month. Any fees are payable for the remaining term of the previous plan. No pro-rata refund is applicable for change of plans.

8. Termination

8.1 Company requires a minimum of 30 days notice before the intended account termination date. Once the Company receives a valid request, it will acknowledge and confirm receipt of termination requests by e-mail within 48 hours. The account will remain open and available for use until the end of the current billing month. Account charging will cease from the 1st day of the next billing month. Parts of months are not refundable.

8.2 Company may terminate this Agreement immediately if:
(a) Customer has breached any provision of this Agreement;
(b) Customer has at any time provided any false or incomplete
information to Company;
(c) in the opinion of Company or any regulatory authority, it is not in the public interest to continue providing the Service to Customer;
(d) (where Customer is an individual) if Customer dies or is declared a bankrupt; or
(e) (where Customer is a corporation) if Customer becomes insolvent, subject to administration or receivership or ceases to carry on business or is subject to anything having a similar effect.

8.3 Company reserves the right to delete the Customer’s personal files and email at any time after suspension or termination.

9. Liabilities of Customer upon Termination

9.1 If this Agreement is terminated pursuant to clause 8, Customer will be liable for all Fees up to and including the expiry date of the relevant Minimum Subscription Period. These Fees are payable by Customer in accordance with our payment terms as stated in clause 2.

9.2 Company may use any security deposits paid by Customer and Customer credit card supplied for billing to offset any amounts due from Customer under this Agreement or any other agreement between Company and Customer, and any remaining balance will then be refunded to Customer free of interest.

9.3 Indemnities given by Customer and Customer’s obligations of confidentiality survive the termination of this Agreement.

10. Suspension of Service

10.1 Company may at any time in its sole discretion suspend any Service, without incurring any liability or prejudicing any of its other rights or remedies, for whatever reason, including:
(a) where Company suspects that Customer’s account has been hacked or accessed by an unauthorised person or that the security of Customer’s account has been compromised in any way; or
(b) where any Fees payable by Customer are overdue or any deposit or increase in Fees required by Company is not paid by Customer.

10.2 Upon Suspension, the Service will be deemed to be terminated and Customer will be liable for all Fees up to the date of Suspension and if the Minimum Subscription Period has not expired, Customer will be liable for all Fees up to the end of the relevant Minimum Subscription Period. Customer will also be liable for any reminder fees invoiced by Company following Suspension and prior to any termination of this Agreement pursuant to clause 8 at rates prescribed by Company.

10.3 Company may, in its discretion, reconnect the Service or service(s), as the case may be, in which event this Agreement will be deemed to continue as if it had not been terminated. Company reserves the right to impose on Customer a reconnection fee before Company will reconnect the account or lift the suspension.

11. Support

Company may, but is not obligated to, provide Customer with on site technical support. Company does not guarantee such support and will not be liable for any loss or damages to equipment, software, information incurred by Customer in connection with such support. Company reserves the right to impose charges for support services provided to Customer. Company’s invoice will be evidence of Customer’s request for such services. Company will only provide support for equipment, which is approved for use in a public telecommunications network by the relevant statutory authority.

12. Limitation of Liability

12.1 When the Customer is a consumer as defined by any relevant law such as the Trade Practices Act 1974 (’Consumer’), then certain terms will be implied into this Agreement for the benefit of the Consumer and, where prescribed by law, those terms cannot be modified or excluded by this Agreement (’Statutory Warranties’). Two of these Statutory Warranties are implied warranties that Company will provide services to a Consumer with due care and skill and that any goods supplied to a Consumer in connection with those services will be reasonably fit for the purpose supplied. In all other cases and except where inconsistent with these Statutory Warranties, the provisions of sub-clauses 12.2 to 12.5 and clause 13 apply.

12.2 For Customers who are not Consumers, Company’s liability for breach of a Statutory Warranty is limited to (at the election of Company):
(a) in the case of services, supplying the services again or the cost of having the services supplied again;
(b) in the case of goods, the lowest of the cost of replacing the goods, acquiring equivalent goods or having the goods repaired.

12.3 Except in relation to breach of a Statutory Warranty, Company excludes all liability for:
() breaches of any express or implied term, condition or warranty; and
(b) negligence, in connection with its performance of this Agreement. Except in relation to breach of a Statutory Warranty, Company is not liable for any loss of information caused as a result of any interruption, suspension, or termination of the Service, or for any information available, received or transmitted through the Service.

12.4 Except in relation to breach of a Statutory Warranty, Company is not liable to you for:
(a) any economic loss or damage including any loss of revenue, profits, actual or potential business opportunities, contracts or anticipated savings or profits;
(b) any indirect or consequential loss or damage;
(c) any loss or damage relating to the acts or omissions of any third party including any acts or omissions by a Provider; and
(d) any loss or damage resulting from computer viruses or other defects.

12.5 Company makes no warranty or representation regarding any advertiser, goods, software or services purchased or obtained through the Service or any transactions entered into through the Service. Customer’s participation in promotions or advertisements is solely between Customer and such advertiser and Company is not liable for any loss or damage incurred as a result of such dealings or the presence of such advertisers on the Service.

13. Indemnity

Customer indemnifies Company at all times against all claims, actions, proceedings, costs, expenses (including legal costs on a full indemnity basis), demands, liabilities, losses (whether direct, indirect or consequential) and damages which Company may incur arising out of or pursuant to any negligent or illegal act or omission by Customer, breach by Customer of the terms of this Agreement or any of Company’s Acceptable Use Policies, or any unauthorised use by Customer of the Service.

14. Confidentiality and Privacy

14.1 Customer must not disclose to any person or use for any purpose any confidential information which comes to Customer’s knowledge in connection with the Service or this Agreement.

14.2 Company may access Customer’s content and other parts of the Service as necessary to identify or resolve technical problems or to respond to service complaints.

14.3 Company complies with the requirements of the Privacy Act. The Company Privacy Statement can be viewed and printed at http://www.cmcc.com.au/privacypolicy.html Customer consents to the Company dealing with Customer’s personal information in the manner described in the Privacy Statement.

15. Variation and Waivers

15.1 Company reserves the right to amend these terms and conditions, any service plans, or Fees at any time upon notice (in such form as may be determined by Company) to Customer. Notice via electronic mail to the Customer’s electronic mail addresses, by the posting on Company’s website and the Customer’s continued use of or subscription to the Service will be sufficient notice for this purpose.

15.2 Any provision of this Agreement may be waived only if Company so agrees in writing.

15.3 The failure of Company to exercise any of its powers, rights or remedies under this Agreement will not constitute a waiver of those powers, rights or remedies.

16. Assignment

Customer must not assign or agree to assign any right and must not delegate performance of any of its obligations under this Agreement. Company may assign any of its rights or obligations under this Agreement.

17. Force Majeure

If Company is prevented by reason of any event or circumstance beyond its control and without the wilful default or negligence of Company (Force Majeure Event) from performing any of its obligations under this Agreement, it will not be liable to Customer for not performing, or for the manner of its performance of, such obligation to the extent which, and for the period of time during which, it is so prevented.

8. Governing Law and Jurisdiction

This Agreement is governed by the laws in force in NSW , Australia and each of Customer and Company submit to the exclusive jurisdiction of the NSW courts.

19. Notices

19.1 Notices sent by Customer under this Agreement must be in English and in legible writing and may be delivered by hand, by mail, by facsimile or by email. Notices delivered by hand, by mail, or by facsimile must be delivered to the Company’s address or fax number respectively set out in the Company information page on the Company Website. Notices sent by e-mail must be sent to the Company at the following addresses.

a) Email notices pursuant to clause 2 must be sent to billing@cmcc.com.au
b) Email notices pursuant to clause 7 must be sent to billing@cmcc.com.au
c) Email notices pursuant to clause 8.1 must be sent to billing@cmcc.com.au

19.2 Notice by Customer will be deemed given:

a) in the case of hand delivery, upon written acknowledgment of receipt by an officer or other duly authorised employee, agreement or representative of the Company;

b) in the case of facsimile, upon receipt by the Customer of an acknowledgment or transmission report generated by the facsimile machine used to send the notice;

c) in the case of e-mail:
(i) on receipt of email acknowledgment from the Company of the Customer’s email for any matter relating to:
A any invoice dispute or a claim for refund or credit under clause 2;
B a change of service or plan under clause 7; or
C a termination of service under clause 8.1, and

(ii) on receipt by the Customer of a delivery confirmation report on the Customer’s computer, for any other matter.

20. Severability

If any provision of this Agreement is prohibited, invalid or unenforceable that provision will be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this Agreement.

21. Legal Costs

Customer will be liable for and indemnifies Company against all costs and expenses (including legal costs on a full indemnity basis) which Company may incur or pay in protecting or enforcing any rights under this Agreement (including Customer’s failure to pay Fees).

22. Entire Agreement

This Agreement constitutes the entire agreement between Company and the Customer. No understanding, arrangement or provision not expressly set out in this Agreement will bind the parties

Acceptable Use Policy
Complaints Handling Policy
Credit Policy
Internet & Data Terms & Conditions
Privacy Policy
Refund Policy
Telecommunications Terms & Conditions

Oct 08, 2009 | Categories: Legal | Comments Off

Credit Policy

Credit Policy

Clarkson McLaren Corporate Communications Pty Ltd (ACN 107 961 795) currently offers a number of services to its clientele. These services are provided by on agreement whereby credit is extended upon receipt of a client application. The client application clearly states a client’s acceptance regarding all of our terms and conditions including our credit policy.

1. Recurring Monthly Invoices

Recurring monthly invoices are produced once per month and may include but are not limited to; telecommunications services (fixed line calling, service & equipment, internet and data services, GSM/CDMA services) The client acknowledges that these services are provided on 14 day payment terms, failure to pay for these services may result in collections processes as specified in our credit policy and our terms and conditions.

Collections Procedure

7 Days Overdue An overdue notice will be sent advising of payment requirements and consequences for failure to make payment within the next 7 days.

14 Days Overdue An attempt to contact the client through phone, email, letter, and fax will be made. Should the client be un-contactable then we reserve the right to suspend services from use. Advisement will be made that should payment not be received within 16 days all services will be disconnected.

30 Days Overdue An attempt to contact the client through phone, email, letter, and fax will be made. Should the client be un-contactable then any outstanding services will be disconnected and notice of default with a credit reporting agency be pursued should payment not be received within another 30 days. Should a client make full payment following disconnection, Clarkson McLaren Corporate Communications Pty Ltd reserves the right to charge a reconnection fee as specified in our standard terms and conditions.

60 Days Overdue An attempt to contact the client through phone, email, letter, and fax will be made. Should the client be un-contactable then any outstanding monies will result in a credit default with a credit reporting agency. Additional notice will be provided that if payment is not received within 90 days then legal action for recovery of outstanding monies will commence.

90 Days Overdue An attempt to contact the client through phone, email, letter, and fax will be made. Should the client be un-contactable then any outstanding monies will result in then legal action for recovery of outstanding monies.

2. Once Off Invoices

Some clients may require products or services that result in a one off charge to their account. These invoices will appear as separate invoices to the standard monthly invoice run and are held in a separate accounting system by Clarkson McLaren Corporate Communications Pty Ltd. Payment terms on these invoices are 7 days only, failure to pay for these services may result in collections processes as specified in our credit policy and our terms and conditions.

Collections Procedure

7 Days Overdue An overdue notice will be sent advising of payment requirements and consequences for failure to make payment within the next 7 days.

3. CREDIT ASSESSMENT

3.1 Credit Assessment Rule

Where a Customer applies for credit Clarkson McLaren Corporate Communications Pty Ltd shall

(a) Undertake an appropriate Credit Assessment in order to determine whether to supply a Service to that Customer; or

(b) Supply a Service which limits the Customer’s expenditure or usage via:

(I) a Hard Cap;

(ii) A Pre-Paid Service;

(iii) The barring of international and premium services calls;

(iv) In the case of Internet broadband access, the reduction of the download speed on reaching a limit; or

(v) Any other equivalent measure that effectively limits a Customer’s expenditure.

3.2 Credit Assessment Process

3.2.1 Where Clarkson McLaren Corporate Communications Pty Ltd undertakes Credit Assessment of the Customer, Clarkson McLaren Corporate Communications Pty Ltd shall inform the Customer at the time of the Assessment as to the general nature and effect of the Credit Assessment.

When undertaking a Credit Assessment, the Clarkson McLaren Corporate Communications Pty Ltd may consider:

• The Customer’s history and experience with the Service if the situation involves the transfer to another Service with Clarkson McLaren Corporate Communications Pty Ltd;

• A Customer’s payment history with that Clarkson McLaren Corporate Communications Pty Ltd;

• A Customer’s employment history;

• A Customer’s income;

• A Customer’s residential history;

• A credit check with a Credit Reporting Agency; or

• An appropriate check with another third party.

When undertaking a credit check with a Credit Reporting Agency, Clarkson McLaren Corporate Communications Pty Ltd shall advise the Customer that any request or inquiry for credit may be recorded on their credit information file maintained by the Credit Reporting Agency.

3.2.2 If access to Services is restricted by the Clarkson McLaren Corporate Communications Pty Ltd as a consequence of a Clarkson McLaren Corporate Communications Pty Ltd’s Credit Assessment, unless the Restricted Services have been previously supplied to the Customer, the Clarkson McLaren Corporate Communications Pty Ltd must inform the Customer at the time they are imposed:

(a) Of any Restrictions or conditions to be imposed upon access to the Service;

b) Of the general nature of the reasons for these Restrictions; and

3.2.3 If a Clarkson McLaren Corporate Communications Pty Ltd requires a Customer to provide a Security Bond, Clarkson McLaren Corporate Communications Pty Ltd shall:

(a) Base the requirement on its Credit Assessment of the Customer;

(b) Inform the Customer in Writing, prior to the collection of the Security Bond, that Clarkson McLaren Corporate Communications Pty Ltd may use the Security Bond to offset any undisputed amount that is owed by the Customer;

(c) advise the Customer in Writing within 14 days of receiving the Security Bond of repayment and interest arrangements and the account to which the Security Bond will be applied; and

(d) Repay to the Customer the amount of the Security Bond together with interest accrued, within 10 business Days of the Customer

(i) Satisfactorily completing the terms of the Security Bond arrangements; or

ii) Ceasing Services with that Clarkson McLaren Corporate Communications Pty Ltd.

NOTE:

Where a Customer has their Services Suspended or Disconnected, Clarkson McLaren Corporate Communications Pty Ltd may use the Security Bond to offset any undisputed amount that is owed by the Customer.

3.2.4 If a Clarkson McLaren Corporate Communications Pty Ltd requires a formal guarantee as a security for any

Service, the Clarkson McLaren Corporate Communications Pty Ltd must advise the Guarantor in Writing of the

Nature and effect of the guarantee before the Service is provided.

NOTE:

The advice shall include the amount, period and extent where applicable and known, and that a Guarantor could be liable for the full amount of the debt owed to the Clarkson McLaren Corporate Communications Pty Ltd.

3.2.5 A Clarkson McLaren Corporate Communications Pty Ltd shall not use the term Guarantor to describe any person who is the Customer.

3.2.6 Where it is made known to Clarkson McLaren Corporate Communications Pty Ltd that the Customer is not going to be the principal end user of the Service, Clarkson McLaren Corporate Communications Pty Ltd shall inform the Customer of their potential liability and risk before the Service is provided.

3.2.7 If Clarkson McLaren Corporate Communications Pty Ltd refuses to supply a Service and this decision is wholly or partly based on information provided by a Credit Reporting Agency, Clarkson McLaren Corporate Communications Pty Ltd shall write to the Customer within seven days:

(a) that the application for Service has been refused;

(b) that the refusal was based wholly or partly on information relating to the Customer that a Credit Reporting Agency has given to Clarkson McLaren Corporate Communications Pty Ltd;

(d) of their right to obtain access to their credit information file maintained by the Credit Reporting Agency.

3.2.8 If Clarkson McLaren Corporate Communications Pty Ltd refuses supply of a Service for reasons other than those outlined in Clause 3.2.8; Clarkson McLaren Corporate Communications Pty Ltd shall Inform the Customer of the nature of the reasons for this refusal.

4 CREDIT CONTROL TOOLS

4.1 Security Tools

4.1.1 Clarkson McLaren Corporate Communications Pty Ltd shall notify Customers about the availability of security tools to prevent unauthorised access to and unauthorised use of Services and how to obtain assistance regarding their use. Where security tools are offered directly by Clarkson McLaren Corporate Communications Pty Ltd, Clarkson McLaren Corporate Communications Pty Ltd shall advise Customers of the costs of those tools.

EXAMPLES:

Appropriate security tools will depend on the nature of the Service but may include:

• mobile phone blocking using a phone’s International Mobile phone Equipment Identifier (IMEI);

• blocking access to Services when the Clarkson McLaren Corporate Communications Pty Ltd is notified of a problem such as loss or theft of a phone;

• the use of a PIN and/or password to access a Service; and

• firewalls and virus protection for internet services.

4.1.2 Where a Customer requests Clarkson McLaren Corporate Communications Pty Ltd to Suspend a Service under a contract for the supply of a Service, Clarkson McLaren Corporate Communications Pty Ltd shall, prior to the Suspension of the Service, Inform the Customer of any fees or charges that they are required to pay while the Service is suspended.

NOTE:

This clause includes when a handset is lost or stolen.

4.2 Information on Unbilled Amounts and Credit Control Tools

4.2.1 Clarkson McLaren Corporate Communications Pty Ltd shall provide a Customer with access to current information on Unbilled Amounts on their account.

NOTE:

The information will be considered current if it is the most recent information available to Clarkson McLaren Corporate Communications Pty Ltd, recognising that Clarkson McLaren Corporate Communications Pty Ltd may experience delays in receiving information, e.g., international roaming services, reseller services and 190 services.

EXAMPLES:

Customers may be given access to this information on-line, via a call centre, at the Clarkson McLaren Corporate Communications Pty Ltd’s retail premises or through meters designed to record Service usage.

4.2.2 Clarkson McLaren Corporate Communications Pty Ltd shall make publicly available a list of the credit control tools they offer. This list must be updated when tools are added, removed or altered.

4.3 Credit Control Tools Introduced by Clarkson McLaren Corporate Communications Pty Ltd’s

4.3.1 Clarkson McLaren Corporate Communications Pty Ltd shall have credit control tools in place which are applied for the purpose of managing a Customer’s expenditure, where appropriate.

EXAMPLES:

Appropriate credit control tools include:

• call barring or Restrictions on certain Services (for example to more expensive Services);

providing call charge advice during the course of a premium services call;

• Pre-Paid Services except those with a Balanced Triggered Automatic Top-Up;

• Hard Caps;

• reducing broadband Internet download speed when a usage limit is reached; or

• notifying a Customer when a particular spend or usage level has been reached independently of enquiry or request by the Customer.

4.3.2 Clarkson McLaren Corporate Communications Pty Ltd shall not charge a fee for credit control tools that are imposed on the Customer by Clarkson McLaren Corporate Communications Pty Ltd.

4.4 Credit Control Tools available to Customers

Clarkson McLaren Corporate Communications Pty Ltd must make available to Customers credit control tools that they can select to assist them to manage their expenditure.

EXAMPLES:

Credit control tools may include:

• optional call barring or Restrictions on access to certain Services

• optional Hard Cap;

• Pre-Paid Services;

• providing call charge advice during the course of a premium services call;

4.5 Customer Options To Restrict Access

4.5.1 Clarkson McLaren Corporate Communications Pty Ltd shall Inform the Customer at the appropriate time

(a) of the Clarkson McLaren Corporate Communications Pty Ltd’s Services to which they have access;

(b) if there are options in relation to Restricting access to the Services; and

4.5.2 Where a Customer has elected to Restrict access to a Clarkson McLaren Corporate Communications Pty Ltd’s

Service, Clarkson McLaren Corporate Communications Pty Ltd shall inform the Customer of:

(a) any of the Clarkson McLaren Corporate Communications Pty Ltd’s Services to which the Restriction does

not apply;

EXAMPLE:

If a Customer requests local call access only, Clarkson McLaren Corporate Communications Pty Ltd should inform the Customer that access to operator calls (e.g. reverse charge calls) is still available.

(b) any other circumstances of which Clarkson McLaren Corporate Communications Pty Ltd is aware

where the Restriction does not apply; and

EXAMPLE:

The Customer may still be able to make calls through other suppliers.

4.5.3 Where Clarkson McLaren Corporate Communications Pty Ltd promotes that it can monitor a Customer’s Unbilled Amounts, via the use of a Limit, and if the Customer elects this option, Clarkson McLaren Corporate Communications Pty Ltd shall inform the Customer of:

( a) the value of the Limit and whether and how the Limit might change from time to time;

(b) whether the Limit is a guideline for Credit Management action or a Hard Cap and any implications and exceptions to that Limit; and

5 CREDIT MANAGEMENT

5.1 Payment Difficulties

Clarkson McLaren Corporate Communications Pty Ltd has in place processes to assist Customers who are experiencing difficulties in paying their accounts. Clarkson McLaren Corporate Communications Pty Ltd shall inform Customers of these processes.

5.2 Obligation To Advise

5.2.1 Clarkson McLaren Corporate Communications Pty Ltd shall advise Customers prior to taking Credit Management action or at the appropriate time of the general nature and effect of:

(a) the amount of time they have to pay for Services provided to them by Clarkson McLaren Corporate Communications Pty Ltd and their obligation to pay by the due date;

(b) any processes Clarkson McLaren Corporate Communications Pty Ltd may have in place for interim billing or changes in the billing cycle for Credit Management purposes;

(c) any processes Clarkson McLaren Corporate Communications Pty Ltd may have in place for the follow up of accounts which are overdue for payment;

(d) any processes Clarkson McLaren Corporate Communications Pty Ltd has in place to assist Customers who are experiencing difficulties in paying their accounts including Clarkson McLaren Corporate Communications Pty Ltd’s Financial Hardship policy;

(e) part payment of a bill in circumstances where a number of Services are combined on one bill and the method (if any) by which amounts received are allocated;

(f) the general nature of the reasons for the Clarkson McLaren Corporate Communications Pty Ltd’s actions.

5.2.2 When Informing a Customer about a Clarkson McLaren Corporate Communications Pty Ltd’s Restriction, Suspension or Disconnection of the Customer’s Service, Clarkson McLaren Corporate Communications Pty Ltd must:

(a) in the case of verbal advice, make reasonable attempts to ascertain whether the Customer has understood such advice;

(b) ensure that the attempts to Inform are directed to the Customer for that Service; and

(c) ensure that the primary method used by Clarkson McLaren Corporate Communications Pty Ltd to Inform the Customer is in a format reasonably acceptable to the Customer based on their usage history.

EXAMPLES:

• For Customers using paper bills, Clarkson McLaren Corporate Communications Pty Ltd might send a letter;

• for Customers who use mobile services, Clarkson McLaren Corporate Communications Pty Ltd should send

SMS only where there is an established history of SMS usage; or

for Customers with Internet/online billing, a Clarkson McLaren Corporate Communications Pty Ltd might send an email message.

5.2.3 Prior to Clarkson McLaren Corporate Communications Pty Ltd either Suspending or Disconnecting a Service,

Clarkson McLaren Corporate Communications Pty Ltd shall make reasonable attempts to advise the Customer of:

(a) the general nature of the role of community financial counsellors and consumer advocates in dealing with financial matters;

EXAMPLE:

“A community financial counsellor or consumer advocate may be able to help you with your financial situation. Contact your local community services department or financial counsellor or consumer advocate.”

(b) options Customers have in respect to repayment processes; and

(c) the effect non payment of an account may have on other Services the Customer has with Clarkson McLaren Corporate Communications Pty Ltd.

EXAMPLE:

“Failure to pay a mobile account may result in Credit Management action in relation to a landline service with Clarkson McLaren Corporate Communications Pty Ltd”.

5.3 Restriction of Services

5.3.1 Subject to Clause 5.5, Clarkson McLaren Corporate Communications Pty Ltd shall take reasonable steps to Inform the Customer of Clarkson McLaren Corporate Communications Pty Ltd’s intention to Restrict a Service prior to Restricting that Service.

EXAMPLE:

A reasonable attempt may include advice in writing or two or more phone calls.

5.3.2 If Clarkson McLaren Corporate Communications Pty Ltd is to Restrict a Customer’s access to Services as a consequence of a Clarkson McLaren Corporate Communications Pty Ltd’s Credit Management processes, except in relation to those Restrictions which have been imposed at the time of Credit Assessment with the initial granting of a

Service, Clarkson McLaren Corporate Communications Pty Ltd shall inform the Customer:

(a) of any Restrictions or conditions to be imposed upon access to the Service; and

(b) how they might restore access to Services which have been Restricted, if applicable.

5.3.3 Clarkson McLaren Corporate Communications Pty Ltd shall ensure that Emergency Service Numbers can be accessed from a Restricted Service.

5.4 Suspension of Services

5.4.1 Clarkson McLaren Corporate Communications Pty Ltd shall:

(a) subject to Clause 5.5, make reasonable attempts to Inform the Customer of Clarkson McLaren Corporate Communications Pty Ltd’s impending Suspension of the Customer’s Service(s) a minimum of 7 Days prior to Suspension taking place;

(b) when Informing the Customer of that impending Suspension, indicate the earliest date on which the Suspension could occur;

(c) where a reasonable attempt to Inform the Customer is in Writing, include the date of issue on the correspondence; and

(d) review its decision to Suspend within a reasonable time following contact from the Customer requesting it to do so, and Inform the Customer of the outcome of the review promptly.

NOTE:

Informing the Customer includes providing the Customer with information on the likely time within which the review will be completed. This would normally be within two business Days.

5.4.2 Prior to Clarkson McLaren Corporate Communications Pty Ltd Suspending a Customer’s Service; Clarkson McLaren Corporate Communications Pty Ltd shall make reasonable attempts to Inform the Customer:

(a) of the consequences for the Customer of non-payment;

EXAMPLE:

“You will not be able to make phone calls (in the case of a land line) until your payment is received.”

(b) of any ongoing charges that will still apply; and

(c) that Clarkson McLaren Corporate Communications Pty Ltd has a Financial Hardship policy that may enable certain Customers to enter a financial arrangement to avoid further credit management action and that a summary of the policy is available on request.

5.4.3 Clarkson McLaren Corporate Communications Pty Ltd shall ensure that Emergency Service Numbers can be accessed from a Suspended Service, where relevant.

5.5 Suspension or Restriction of Services Without Notice

Clarkson McLaren Corporate Communications Pty Ltd:

(a) may be entitled to Suspend or Restrict a Service at any time without Informing the Customer in the following circumstances:

(i) if Clarkson McLaren Corporate Communications Pty Ltd assesses that the Customer or the account status present an unacceptably high credit risk to Clarkson McLaren Corporate Communications Pty Ltd; or (ii) if Clarkson McLaren Corporate Communications Pty Ltd reasonably suspects Fraud or attempted Fraud.

(b) must, at the Customer’s request, promptly review its decision to Suspend or Restrict a Service;

NOTE:

This would normally be within two business Days.

(c) must not impose a reconnection fee or charge, following action under this Clause, if the action resulted from a mistake by Clarkson McLaren Corporate Communications Pty Ltd.

5.6 Disconnection of Services

5.6.1 Clarkson McLaren Corporate Communications Pty Ltd must:

(a) make reasonable attempts to Inform a Customer of its decision to Disconnect the Customer’s Service a minimum of 7 Days prior to Disconnection taking place; and

EXAMPLE:

A reasonable attempt may include advice in writing or two or more phone calls.

(b) at the Customer’s request, promptly review its decision to Disconnect;

(c) when Informing the Customer of an impending Disconnection, indicate the earliest date on which the Disconnection could occur; and

(d) where a reasonable attempt to Inform the Customer is in Writing, include the date of issue on the correspondence.

5.6.2 Clarkson McLaren Corporate Communications Pty Ltd shall send a separate Disconnection notice in Writing to the Customer prior to Disconnecting the Service, unless previously advised in Writing under Clauses 5.4.1, 5.4.2 or 5.6.1(a).

A Clarkson McLaren Corporate Communications Pty Ltd must not use a bill as a Disconnection notice.

5.6.3 Prior to a Service being Disconnected Clarkson McLaren Corporate Communications Pty Ltd shall make reasonable attempts to Inform the Customer and any Guarantor of:

(a) the consequences for the Customer and Guarantor of nonpayment;

EXAMPLES:

“You will not be able to make or receive any calls, including to Emergency Service Numbers.”

“You will lose your phone number.”

“You will lose access to your email address.”

(b) the consequences for other Services the Customer has with Clarkson McLaren Corporate Communications Pty Ltd;

(d) any process that enables Customers, following their Disconnection, to arrange a repayment plan prior to

commencing external recovery or legal action in respect to the outstanding amounts.

5.6.4 Prior to a Service being Disconnected; Clarkson McLaren Corporate Communications Pty Ltd shall make reasonable attempts to advise in Writing the Customer and the Guarantor that:

(a) the debt may be referred to an external collection agent for collection;

(b) legal action may be taken to recover the unpaid debt;

(d) their phone number(s) may be lost after Disconnection.

5.7 Credit Management Action in Respect to Disputed Amounts

5.7.1 Clarkson McLaren Corporate Communications Pty Ltd shall not take Credit Management action in relation to genuinely disputed amounts whilst the disputed amount is being investigated and remains unresolved by Clarkson McLaren Corporate Communications Pty Ltd, the Telecommunications Industry Ombudsman or a relevant recognised agency.

5.7.2 Clarkson McLaren Corporate Communications Pty Ltd shall advise the Customer when it will commence Credit Management action after the dispute has been determined, if applicable.

NOTE:

Clarkson McLaren Corporate Communications Pty Ltd is not prevented from taking Credit Management action in relation to the undisputed amounts owing.

5.8 Fees and Charges

5.8.1 Prior to imposing a Credit Management fee or charge, Clarkson McLaren Corporate Communications Pty Ltd must advise the Customer in Writing of the amount and/or the method of calculation of the fee or charge including where the fee or charge incorporates overdue amounts or interest. Such fees or charges must be provided for in the contract for the supply of the Service, and only relate to Clarkson McLaren Corporate Communications Pty Ltd’s reasonable costs.

5.8.2 Where a Customer requests early termination of a contract for the supply of a Service, Clarkson McLaren Corporate Communications Pty Ltd shall Inform the Customer of any fees and charges provided for in the contract that are required to be paid to terminate the contract early.

5.8.3 Where Clarkson McLaren Corporate Communications Pty Ltd invokes the early termination of a contract for the supply of a Service, Clarkson McLaren Corporate Communications Pty Ltd shall Inform the Customer that fees and charges apply in accordance with the contract.

5.9 Collection Agents

5.9.1 Clarkson McLaren Corporate Communications Pty Ltd shall ensure that Credit Management processes under this Code are followed, irrespective of outsourcing, and prior to referring the Customer debt to a mercantile agent (debt collection agent).

NOTE:

Debt collection agents can be internal to Clarkson McLaren Corporate Communications Pty Ltd or externally contracted by Clarkson McLaren Corporate Communications Pty Ltd.

5.9.2 Clarkson McLaren Corporate Communications Pty Ltd shall ensure that compliance arrangements with mercantile agencies require that the collection methods employed by such agents are not:

(a) harsh and unconscionable at law, or constitute undue harassment or are otherwise unlawful;

(b) disreputable or offensive; or

5.9.3 Clarkson McLaren Corporate Communications Pty Ltd shall ensure that their mercantile agents comply with accepted professional and ethical standards for the collection of debts and have in place compliance systems that are in accord with the principles of the Australian Standard on Compliance Program (AS3806 – 2005) and a complaints handling process generally in accord with the Australian Standard on Complaints Handling.

EXAMPLES OF ACTIONS WHICH SHOULD NOT BE TAKEN

• Forms of notification used by collection agents of Clarkson McLaren Corporate Communications Pty Ltd’s which are misleading (e.g. in appearance in that they make themselves out to be Court documents when in fact they are not) as to content or to actual amounts due (e.g. lead to the belief that costs are due when in fact they are not).

• Continuance of collection activities for debts incurred prior to bankruptcy where a Customer is known to be a

bankrupt.

• Demanding payment of debts from third parties or contacting third parties when there is no entitlement to do so.

• Collection actions that conflict with-

_ the provisions of the Trade Practices Act 1974 (Cth);

_ the ACCC-ASIC ‘Debt Collection Guideline: for collectors and creditors’.

• Failure to have compliance check lists pursuant to the applicable standard.

• Breach of guidelines issued pursuant to the relevant Private Agents, Fair Trading or Commercial Agents Acts in each State.

5.9.4 Clarkson McLaren Corporate Communications Pty Ltd shall take all reasonable steps to ensure that debts that are sold or assigned to third parties do not include any unresolved service or billing issues involving disputed account balance amounts.

NOTE:

Clarkson McLaren Corporate Communications Pty Ltd shall not sell or assign any debt which cannot be collected due to statutory bars. Statutory bars to debt recovery may be under state or territory legislation on Limitation of Actions.

5.9.5 If any unresolved billing or service issues arise regarding an amount that has been sold or assigned to a third party, Clarkson McLaren Corporate Communications Pty Ltd shall take all reasonable steps to resolve that issue.

NOTE:

If a Customer’s complaint regarding debts that have been sold or assigned cannot be resolved directly with Clarkson McLaren Corporate Communications Pty Ltd, the Telecommunications Industry Ombudsman is able to investigate the matter.

5.10 Default Information

5.10.1 Clarkson McLaren Corporate Communications Pty Ltd must ensure that Credit Management processes under this Code are followed, irrespective of outsourcing, and prior to listing the Customer debt with a Credit Reporting Agency.

5.10.2 Clarkson McLaren Corporate Communications Pty Ltd must take all reasonable steps to ensure that debts that are listed with a Credit Reporting Agency do not include any unresolved service or billing issues involving disputed account balance amounts.

5.10.3 If any unresolved billing or service issues arise regarding an amount that has been listed with a Credit Reporting Agency, Clarkson McLaren Corporate Communications Pty Ltd shall take all reasonable steps to resolve that issue.

5.10.4 Clarkson McLaren Corporate Communications Pty Ltd shall ensure that it has a process for updating its Customers’ credit information with a Credit Reporting Agency as soon as practicable.

5.10.5 Where Clarkson McLaren Corporate Communications Pty Ltd becomes aware that a Customer has been credit listed in error; the Clarkson McLaren Corporate Communications Pty Ltd must notify the Credit Reporting Agency of that fact within one business Day.

5.11 Preventing Customer Disadvantage

Where a Customer can demonstrate that they have taken all reasonable steps to pay a known due debt but the account has not been paid as a result of a fault of a third party, or where Clarkson McLaren Corporate Communications Pty Ltd is at fault, Clarkson McLaren Corporate Communications Pty Ltd shall ensure that:

(a) if the Customer has been default listed for this reason, it notifies the Credit Reporting Agency within one Business Day;

(b) any additional charges do not arise as a result of the Customer’s failure to pay; or

NOTE:

Additional charges can include disconnection fees, reconnection fees, late payment fees, early termination fees and interest charges.

NOTE;

Any other credit related disadvantage could include additional difficulty for the Customer in obtaining new or altered Services with Clarkson McLaren Corporate Communications Pty Ltd.

NOTE:

Clarkson McLaren Corporate Communications Pty Ltd would be at fault where:

• it had failed to send the bill to the address provided by the Customer; or

• it sent an incorrect bill to the Customer.

The Customer is taken to have behaved reasonably where the failure to pay the due debt was due to, for example the fault of a third party such as a bank or payment agency.

6 FINANCIAL HARDSHIP

6.1 Financial Hardship Policy

6.1.1 Clarkson McLaren Corporate Communications Pty Ltd shall have a Financial Hardship policy for Customers who are experiencing Financial Hardship.

6.1.2 Clarkson McLaren Corporate Communications Pty Ltd’s Financial Hardship policy shall:

(a) include provision for training staff who will be applying the Financial Hardship policy;

b) be sufficiently flexible to accommodate the circumstances of individual Customers;

(c) ensure that a Customer is able to contact appropriate employees of the Clarkson McLaren Corporate Communications Pty Ltd if they are experiencing Financial Hardship; and

(d) include options for managing a Customer’s Financial Hardship.

6.1.3 Clarkson McLaren Corporate Communications Pty Ltd shall give a Customer a summary orally or in writing of

how the Clarkson McLaren Corporate Communications Pty Ltd’s Financial Hardship policy may assist Customers:

(a) on the Customer’s request;

(b) when the Customer indicates to the Clarkson McLaren Corporate Communications Pty Ltd that they are

experiencing Financial Hardship; or

for the policy.

6.1.4 The summary shall include:

(a) contact details for Clarkson McLaren Corporate Communications Pty Ltd from whom the Customer

can obtain more information on the Clarkson McLaren Corporate Communications Pty Ltd’s Financial Hardship Policy; and

(b) options for managing a Customer’s Financial Hardship as discussed in Clause 6.3.

6.1.5 When sending out a reminder notice in Writing, Clarkson McLaren Corporate Communications Pty Ltd’s shall tell

their Customers of the existence of their Financial Hardship policy and how to obtain more details.

6.1.6 Clarkson McLaren Corporate Communications Pty Ltd shall not impose charges on Customers for the implementation of their Financial Hardship policy.

6.2 Financial Hardship Assessment

6.2.1 Upon request, Clarkson McLaren Corporate Communications Pty Ltd shall assess the Customer’s eligibility for assistance under the Clarkson McLaren Corporate Communications Pty Ltd’s Financial Hardship policy.

6.2.2 When assessing a Customer’s application for assistance under its Financial Hardship policy, Clarkson McLaren Corporate Communications Pty Ltd must take into account the Customer’s individual circumstances.

6.2.3 When assessing a Customer’s application for assistance under its Financial Hardship policy, Clarkson McLaren Corporate Communications Pty Ltd may request supporting documentation from the Customer. Clarkson McLaren Corporate Communications Pty Ltd would not ordinarily require such supporting documentation from a Customer unless:

(a) it appears that the financial arrangement will need to be long term;

(b) the amount to be repaid to Clarkson McLaren Corporate Communications Pty Ltd is considered large or significant;

(d) Clarkson McLaren Corporate Communications Pty Ltd reasonably believes that there is a possibility of Fraud.

6.2.4 If Clarkson McLaren Corporate Communications Pty Ltd requires supporting documentation from a Customer, Clarkson McLaren Corporate Communications Pty Ltd must advise the Customer to send the documentation to a specific contact point. Contact details at a minimum must include the postal address and a facsimile number and/or email address for Clarkson McLaren Corporate Communications Pty Ltd.

6.3 Financial Arrangements

6.3.1 Clarkson McLaren Corporate Communications Pty Ltd must ensure shall Financial Hardship arrangements as agreed upon with the Customer are sufficiently flexible to take into account the circumstances of the individual Customer.

6.3.2 Clarkson McLaren Corporate Communications Pty Ltd’s must Inform the Customer of the terms of the Financial Hardship arrangements, as agreed upon.

NOTE:

Clarkson McLaren Corporate Communications Pty Ltd shall, at the request of the Customer, provide in Writing the amount and frequency of payment terms.

6.3.3 Clarkson McLaren Corporate Communications Pty Ltd’s shall ensure that a Customer is aware of their rights and obligations under any Financial Hardship arrangement.

6.3.4 At the time a Financial Hardship arrangement is implemented, Clarkson McLaren Corporate Communications Pty Ltd must advise the Customer to contact them if the Customer’s circumstances change during the term of the arrangement.

6.3.5 Clarkson McLaren Corporate Communications Pty Ltd must be willing and able to review the Financial Hardship arrangement if the Customer advises Clarkson McLaren Corporate Communications Pty Ltd that their circumstances have changed.

6.3.6 Clarkson McLaren Corporate Communications Pty Ltd must not undertake Credit Management action including listing of the Customer debt with a Credit Reporting Agency while a Financial Hardship arrangement is being actively discussed by Clarkson McLaren Corporate Communications Pty Ltd and Customer or during the course of a Financial Hardship arrangement unless:

(a) the Customer breaches the terms of the Financial Hardship arrangement;

(b) Credit Management action would be reasonable in the circumstances; or

EXAMPLE:

Credit Management action may be reasonable in the circumstances if it was to prevent the Customer falling further into

debt.

6.3.7 If the Customer breaches the terms of the Financial Hardship arrangement and does not contact Clarkson McLaren Corporate Communications Pty Ltd to discuss a new Financial Hardship arrangement, Clarkson McLaren Corporate Communications Pty Ltd must take reasonable steps to contact the Customer or their Authorized Representative before taking Credit Management action.

7 MISCELLANEOUS CREDIT PROVISIONS

7.1 Credit Information

Subject to the provisions of the Privacy Act 1988 (Cth), Clarkson McLaren Corporate Communications Pty Ltd:

(a) must ensure that a Customer is able to obtain information held by Clarkson McLaren Corporate Communications Pty Ltd, relevant to their credit history or credit standing; and

(b) in supplying the information referred to in Clause 7.1(a) to a Customer:

(i) must not impose a fee or charge for a Customer making the request for information;

(ii) may impose fees or charges for any abnormal costs incurred in supplying such information, but such fees or charges must not be excessive; and

EXAMPLE:

Any fees or charges above the reasonable costs of providing that information would be considered excessive

(iii) must Inform the Customer at the time of, or prior to, the imposition of the fee or charge of the applicable fees or charges and/or the method of calculation of these amounts.

7.2 Advocates

Clarkson McLaren Corporate Communications Pty Ltd must not refuse unreasonably to communicate with a Customer through that Customer’s Advocate.

7.3 Accessibility of Communications

7.3.1 Clarkson McLaren Corporate Communications Pty Ltd’s shall ensure that information provided to Customers uses simple and straight forward language that is likely to be readily understood.

7.3.2 In communicating with and providing information to Customers, Clarkson McLaren Corporate Communications Pty Ltd’s shall have regard to the Customer’s communication requirements.

APPENDIX A

Community Financial Counsellors and Consumer Advocates

Financial Counsellors are trained and accredited to work in the local community to provide remedial, preventative and advocacy services for people in financial distress (or who are in danger of entering financial distress) with a focus on people of low income. They are generally funded by State and Federal Governments and services are provided free of charge.

A Financial Counsellor works with a Customer to clarify and analyse their financial situation, explain financial and legal documents and processes, and identify and discuss options for resolving financial problems. While a Financial Counsellor may assist the Customer in negotiating with creditors, the Customer is always in control over what course of action will be taken. In some States, Consumer Advocates offer advice about consumer rights to Customers.

Contacting your local Financial Counsellor or Consumer Advocate

For your local service contact your local social services, or the following:

QLD Financial Counselling Services of Queensland (07) 3257 1957

NSW Credit and Debt Helpline 1800 808 488

ACT Care Financial Counselling (02) 6257 1788

VIC Consumer Credit Legal Service (03) 9602 3800

TAS Anglicare Financial Counselling 1800 243 232

SA UnitingCare Wesley Adelaide (08) 8202 5180

WA Financial Counsellors Resource Project (08) 9221 9411

NT Anglicare Financial Counselling 1800 898 500

APPENDIX B

Privacy Act 1988 (Cth) and Privacy Issues relevant to this Code

Determination 2003 No. 1 Privacy Act 1988, s. 11B(1)(b)(v)(B) – concerning classes of credit providers, dated 14 February 2003, has the effect of bringing Clarkson McLaren Corporate Communications Pty Ltd’s under Part IIIA of the Privacy Act 1988 (Cth) to the extent that they allow payment for goods/services after 7 days.

IN PARTICULAR:

1. Clarkson McLaren Corporate Communications Pty Ltd must ensure that the relevant provisions of Part IIIA of the Privacy Act 1988 (Cth) and the Credit Reporting Code of Conduct, are observed in seeking a credit report or a commercial credit enquiry from external sources, and that all advice to the Customer and consents required from the Customer in relation to this information are in place. Examples of what this may require are set out below.

2. Section 18E(8)(c) of the Privacy Act 1988 (Cth) provides that a credit provider must not give to a credit reporting agency personal information relating to an individual if the credit provider did not, at the time of, or before, acquiring the information, inform the individual that the information might be disclosed to a credit reporting agency.

3. Where Clarkson McLaren Corporate Communications Pty Ltd undertakes Credit Assessment of a Customer and intends to use external information sources, Clarkson McLaren Corporate Communications Pty Ltd must ensure that the Customer is informed that personal identity information, and the fact of their application for credit, may be disclosed to external sources, as part of the Credit Assessment process, and the nature of those sources in each specific circumstance. If Clarkson McLaren Corporate Communications Pty Ltd is a credit provider for the purposes of the Privacy Act 1988 (Cth), any disclosures to external sources must be in accordance with:

(a) One of the exceptions in section 18N(1) of the Privacy Act 1988 (Cth); and

(b) Part II of the Credit Reporting Code of Conduct.

4. Clarkson McLaren Corporate Communications Pty Ltd’s that are credit providers under the Privacy Act 1988 (Cth) will have compliance obligations under the Privacy Act 1988 and the Credit Reporting Code of Conduct in relation to the detection and prevention of serious credit infringements.

5. The Privacy Act 1988 does not contain an exception that would generally allow a Customer’s default information to be provided to external data bases. As Clarkson McLaren Corporate Communications Pty Ltd is a credit provider for the purposes of the Privacy Act 1988 (Cth), any disclosures of a Customer’s default information must be in accordance with:

(a) Part IIIA of the Privacy Act 1988 (Cth); and

(b) Part II of the Credit Reporting Code of Conduct.

6. The disclosure of a Customer’s personal information to a Guarantor must be in accordance with

(a) Part IIIA of the Privacy Act 1988 (Cth); and

(a) Part II of the Credit Reporting Code of Conduct.

7. Where the dispute involves a credit report from a Credit Reporting Agency, Clarkson McLaren Corporate Communications Pty Ltd should check:

(a) that its records in relation to information contained in the credit report are accurate; and

(b) whether it is obliged under the Privacy Act 1988 (Cth) to notify the Credit Reporting Agency of certain information, before it refers information to the Credit Reporting Agency. Clarkson McLaren Corporate Communications Pty Ltd must inform the Customer before it refers information to the Credit Reporting Agency.

8. Clarkson McLaren Corporate Communications Pty Ltd must comply with its obligations under the National Privacy Principles in Schedule 3 of the Privacy Act 1988 (Cth) in relation to the information it collects, uses and discloses about the Customer.

Acceptable Use Policy
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Complaints Handling Policy

This policy has been developed by Clarkson McLaren Corporate Communications Pty Ltd ACN: 107 961 795 (hereinafter referred to as CMCC) in accordance with ACIF Industry Code – complaints Handling. No legal rights arise under this document.

Complaint Handling Policy

This Complaint Handling Policy aims to:

provide a framework for CMCC employees to work with when handling Complaints from Customers;
ensure consistency within CMCC in handling and resolving Complaints from Customers; and
assist CMCC’s commitment to provide quality products, services and customer service.

CMCC defines the term complaint as any expression of dissatisfaction or grievance made to CMCC by a Customer or member of the public with any product or service of CMCC, not including a request for information.

Lodgment of Complaints

CMCC’s customer Service Executives will provide reasonable information and assistance to ensure that Complaints are lodged effectively.

Complaints may be lodged by phone on 1300 788 354, electronic mail to service@cmcc.com.au , fax to 1300 788 354 or by letter to Client Services Manager, GPO Box 2687, Sydney NSW 2001. Complaints will be acknowledged and Customers can be advised of a reference that can be used to identify progress of their Complaint.

CMCC has established, and will continue to develop, quality processes for the efficient acknowledgement and processing of complaints.

Response to Complaints

Complaints will be processed in a timely and efficient manner. Continuous improvement and training will be utilised to ensure complaints are resolved promptly and courteously.

Managing our customer’s expectations realistically is CMCC’s goal. This involves the careful examination of each complaint and a resolution offered on the basis of that analysis.

Records/ Systems

Complaints will be recorded and analysed to ensure that our Complaint Management processes comply with this policy.

Systemic trends and recurring problems will be identified and feedback provided to the relevant departments to improve current processes.

Review of Complaint Handling Process

CMCC’s complaint handling procedures and systems are to be periodically reviewed to ensure optimum effectiveness and highlight any need for improvement.

Escalation of Complaints

CMCC’s goal in the area of complaints handling is to finalise complaints at first contact.

Where necessary, Customers will be kept informed of the progress of their complaint and CMCC’s internal escalation process.

Where a Customer has exhausted their avenues for addressing their Complaint within CMCC or find those avenues unacceptable, they can be advised of external channels for escalation, such as the TIO.

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Acceptable Use Policy

Acceptable Use Policy

1. About the Policy

As part of our aim to provide a quality service at a reasonable price to all our users, we have implemented this Policy to ensure that each subscriber’s use of the Service: Meets legal requirements; does not unreasonably interfere with other subscribers; and does not unreasonably impact on our ability to provide the Service.

In this document, the following words have these meanings: you means a subscriber to the Service, or any person who accesses the Service using the subscriber’s access details; Policy means this document, as may be amended by CMCC from time to time on 14 days notice; Service means a residential Internet dial-up service provided by CMCC, together with associated services and software such as email facilities, web space and customer support.

2. When this Policy comes into effect

This Policy applies immediately if you are a new subscriber to the Service. For current Users, this Policy applies 14 days after this Policy is posted on CMCC’s website. If any changes are made to this policy by CMCC, these changes come into effect 14 days after the revised policy is posted on CMCC’s website.

3. Security

3.1 Passwords
You must keep confidential the password you use to subscribe to the Service. You remain responsible for any use of the Service made using your password.

3.2 Unauthorised access
You must not attempt to obtain unauthorised access to any computer system, including unauthorised access to CMCC’s system (for example, by attempting to use the account of another user).

3.3 Attacks on third party systems

You must not participate in any attempt to cause any computer system (including CMCC’s system) to malfunction, whether by way of viruses, worms, trojan horses, denial of service attacks or otherwise.

4. Illegal and infringing use

You must not use the Service to breach any applicable criminal laws or to infringe on the rights of a third party. This includes, without limitation: fraudulent, deceptive or illegal activity; infringement of copyright, trademarks or other intellectual property rights; infringement of laws relating to censorship and classification of material;
using the Service to create, forward or distribute defamatory statements.

5. Inappropriate use of resources

The Service is provided for the benefit of residential users and is not designed or intended for commercial use or for use as a permanent connection. You must not: use software (such as automated agents) to maintain a connection or to reconnect when you are not personally using such connection; download software or other material for sale, distribution or other non-personal use; attempt to make more than one simultaneous connection to the Service; stay connected to the Service continuously for an unreasonable amount of time, or download or upload an unreasonable volume of data, given the purposes for which the Service is provided to you and the usage patterns of other users (for example, staying connected continuously for several days, or downloading gigabytes of data in a short period).

CMCC reserves the right to disconnect or separate into a separate pool the users that stay connected to the Service continuously for an unreasonable amount of time, or download or upload an unreasonable volume of data, given the purposes for which the Service is provided to you and the usage patterns of other users (for example, staying connected continuously for several days, or downloading gigabytes of data in a short period).

6. Electronic Mail

You must not use the Service to distribute electronic communications (including electronic mail, SMS messages, chat messages and newsgroup postings): to a person or group who has indicated that they do not wish to receive the communication from you; if the communication is unsolicited bulk mail or “spam” (whether or not it is commercial in nature); in a way that forges or disguises the origin of the communication; in a way which is intended, or likely to, adversely affect the functionality of any computer system (including CMCC’s systems).

7. What happens if you breach this Policy?

If CMCC believes on reasonable grounds that you have breached this Policy, CMCC may (but is not obliged to) take one or more of the following steps: suspend your access to the Service indefinitely or for a specific period; place time or download limitations on your use of the Service; terminate your access to the Service and refuse to provide the Service to you or your associates in the future; if CMCC considers that you are in breach of Section 5 of this Policy (Inappropriate Use of Resources, CMCC may (in addition to other steps set out above) place you in a separate pool of users with similar usage patterns in order to free up resources for other users; inform appropriate government and regulatory authorities of suspected illegal or infringing conduct; and delete or edit any of your data (including webpage content) stored on CMCC’s computer systems.

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