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THE NOT SO FINE PRINT

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THE NOT SO FINE PRINT Powered By Docstoc
					THE NOT SO
FINE PRINT
This Agreement is between you and Flexirent Capital
Pty Ltd.


GENERAL TERMS AND CONDITIONS                                      c) Late Payment fee; if a Total Monthly Payment or
                                                                     any other amount due is not paid in full on time, a
                                                                     Late Payment Fee of $25 applies. For each failure to
 1. PAYMENTS                                                         make a payment in full and on time, the fee is
    a) You must pay to us the Total Monthly Payment                  payable. In addition, you agree to reimburse us for
       shown on the Signature Page each month until you              the amount that our bankers charge us for your
       decide to stop.                                               dishonoured payment(s). All Late Payment Fees are
    b) If the Payment Date falls on a weekend or public              payable on demand which we may debit the
       holiday, payment is due on the next business day.             amount from your nominated bank account or
                                                                     credit card on any date at our election without
    c) Unless we otherwise agree, all payments must be               notice to you.
       made by direct debit from your bank account or
       credit card.                                             6. GOVERNING LAW
    d) All payments are in advance and once paid, are             a) This Agreement is governed by the laws of New
       not refundable for any reason.                                South Wales.
 2. PRIVACY                                                       b) The parties submit to the non-exclusive jurisdiction
                                                                     of the courts of New South Wales.
    a) We comply with the National Privacy Principles,
       the Code of Conduct for Credit Reporting and the
       Privacy Act (Cth) 1988.                                    DDR SERVICE AGREEMENT
    b) You have a right to request access to the personal
       information that we hold about you. Contact our
       Privacy Officer for more information.                    7. DEBITING YOUR ACCOUNT
    c) Subject to the payment of any applicable fee, we           a) You authorise us to debit funds from your
       agree to provide you access to, or with a copy of,            nominated account for any amount payable under
       the personal information that we hold about you.              this Agreement and any other agreement between
       We can only deny access to you in accordance                  you and us.
       with National Privacy Principle 6.                         b) If any payment falls due on a non-business day, it
    d) You agree that we can disclose your personal                  will be debited from your nominated account on
       information to:                                               the following business day.
       i) any person as permitted or required by law;             c) All enquiries should in the first instance be
       ii) any of our related bodies corporate; our                  directed to us.
            assignees or potential assignees; the supplier of     d) Your records and account details held by us will be
            the Equipment; any other supplier appointed              kept confidential, except information required by
            by us, credit reporting agencies or any business         our Financial Institution in the event of a claim or
            providing information about commercial credit            relating to an alleged incorrect or wrongful debit.
            worthiness; other credit providers; insurers;
            any guarantor or proposed guarantor of your         8. CHANGES
            obligations to us; your assignees or proposed         a) If you want to request a change to the drawing
            assignees; debt collection agencies; our banks           arrangements, please contact us at least 14 days
            and financial advisers; our lawyers,                     prior to the next scheduled drawing date. You
            accountants, telecommunications provider,                should contact us before contacting your Financial
            and other professional advisers; and any                 Institution.
            suppliers or contractors to us whom may need          b) These requests may include:
            to have access to your personal information to
            provide services to us or you (including,                i) deferring the drawing;
            without limitation, valuers, physical and                ii) stopping an individual debit;
            electronic file storage suppliers, receivables           iii) suspending the DDR; or
            management suppliers and data warehousers);
            and                                                      iv) cancelling the DDR completely.
       iii) any person specifically authorised by you in          c) However, as we have relied on your agreement to
            writing to obtain your personal information              honour the DDR, we would be unlikely to agree to
            from us.                                                 a request to change it, unless you provide a
                                                                     reasonable proposal as to how you will make good
 3. DEFAULT AND TERMINATION                                          your payment obligations under this Agreement.
       You will be considered to be in default if you do        9. YOUR OBLIGATIONS
       not pay in full the Monthly Payment. This
       Agreement will terminate upon the occurrence of            a) It is your responsibility to:
       any of the following events:                                  i) ensure that your nominated account can
    a) you give us notice terminating this Agreement                       accept direct debits as direct debits through
                                                                           BECS is not available on all accounts (your
    b) we give you notice terminating this Agreement                       Financial Institution can confirm whether your
       after your default;                                                 account can accept direct debits);
 4. NOTICES                                                          ii) check your nominated account details with
    a) You must tell us if you change your bank account                    your Financial Institution before completing
       or credit card details, your business, postal or                    the DDR;
       email address, or if you think there is any                   iii) ensure that there are sufficient cleared funds
       information that we should be aware of about                        in the nominated account, by the due date, to
       your ability to comply with this Agreement.                         allow for payment of the amounts payable;
    b) We can give you notice by delivering it to you                      and
       personally or leaving it at, or sending it by post,           iv) advise us if the nominated account is
       facsimile or email to your home, business, postal or                transferred or closed.
       email address last known to us. An email notice
       shall be valid if not returned.                            b) If your drawing is returned or dishonoured by your
                                                                     financial institution, you should contact us to
 5. FEES                                                             make suitable arrangements to rectify the non
    a) We reserve the right to charge fees for services we           payment. If no contact is made, we reserve the
       provide.                                                      right to redraw the non-payment plus any
    b) Fees will be charged at our standard rates                    applicable liquidated damages and fees payable
       applicable from time to time.                                 pursuant to this Agreement at any time at our
                                                                     discretion.
    c) You will be responsible for paying any varying
       charges including, but not limited to, taxes and          TERMS AND CONDITIONS THAT APPLY
       any other fees and charges payable.
10. DISPUTES                                                     TO MOBILE BROADBAND
    a) If you believe that a drawing has been initiated
       incorrectly, contact us during business hours         12. THE SERVICE
       before contacting your financial institution.             The service is a Broadband Internet service and
    b) If you do not receive a satisfactory response from        provides access to the Internet and related services.
       us to your dispute, contact your Financial                The service provides a connection to the Internet via
       Institution who will respond to you with an answer        the Optus Mobile 3G/HSDPA and GSM networks. The
       to your claim:                                            service is available to residential and small and
       i) within business days (for claims lodged within         medium business customers who connect to a Mobile
            12 months of the disputed drawing); or               Broadband service and are approved by us. All
       ii) within 30 days (for claims lodged more than 12        applications for the service are subject to our credit
            months after the disputed drawing).                  assessment and acceptance. The service is only
                                                                 available to customers within the Optus 3G/HSDPA or
    c) You will receive a refund of the drawing amount if        GSM coverage area and is subject to network
       we cannot substantiate the reason for the                 availability, refer to www.optus.com.au/coverage.
       drawing.
                                                             13. SATISFACTION GUARANTEE
                                                                 Blink Coverage Satisfaction Guarantee applies. If
    EQUIPMENT PROTECTION                                         within the first week of connection, you are unhappy
                                                                 with the level of Mobile Broadband Internet coverage
11. LOANER EQUIPMENT                                             or connection we will terminate your contract and
    a) The Loaner Equipment program is only applicable           waive any Cancellation fees, as long as you return the
       to Customers who have chosen this option.                 Mobile Broadband Modem and SIM at your expense to
                                                                 an address nominated by us with a copy of your
    b) If your Equipment needs repair, we will, at your          receipt or proof of purchase. If you do not return the
       request, lend you equipment (the Loaner                   modem to us, an equipment charge of $199 will be
       Equipment) while the damaged Equipment is being           applicable. Monthly access charges are not
       repaired subject to the following conditions:             refundable.
       i) You pay us a $220 Bond which is refundable         14. DATA PLAN ONLY
            upon return of the Loaner Equipment in good          Monthly access charges are payable in advance. Blink
            working order;                                       Mobile Broadband plans may only be used as a data
       ii) You pay us $30 which is non refundable to             plan. You should not use the supplied SIM to access
            cover costs of freight and insurance of the          (and may not be able to access) other services such as
            Loaner Equipment from Us to You and back             Voice calls. If you are able to access such services,
            again                                                your use of such services will be charged at prevailing
    c) You Agree to the following terms in relation to the       rates. Data usage will be counted in kilobytes, where
       Loaner Equipment:                                         1024kb = 1MB and includes both uploads and
       i)    the Loaner Equipment will be of the same            downloads.
             class of equipment as the damaged               15. EXCESS DATA
             Equipment (for example, if the damaged
             Equipment is a laptop the Loaner Equipment          Your pricing plan sets out a maximum amount of
             will be a laptop) but the Loaner Equipment          included data that you can use to download and
             may not be identical to the damaged                 upload at high speed in a billing month. If you exceed
             Equipment (in brand, size or technical              your plan’s included monthly data allowance,
             specifications);                                    additional excess usage will be billed by Blink or our
                                                                 telecommunications partner, M2 Telecom. Excess data
       ii) you may only request Loaner Equipment for             usage will be charged at a rate of $0.165 per Megabyte
             computer equipment which you use to access          or part there of. Unused data allowance cannot be
             the broadband internet service;                     rolled over or substituted for other services.
       iii) you may request Loaner Equipment on more
             than one occasion, up to a maximum of 42        16. DOWNLOAD SPEED
             days in every 2 calendar years;                     Maximum download speeds on 3G/HSDPA are up to
       iv) you can have use of the Loaner Equipment              and between 3Mbps and 3.6Mbps. Customers can
             with no monthly payment for the Loaner              expect speeds between 500kbps and 1.5Mbps. Actual
             Equipment for a total of 42 days;                   speeds will vary and may be slower. Many factors
                                                                 affect speeds such as your distance from the mobile
       v) if you do not return the Loaner Equipment              tower, the capacity and load of the mobile tower,
             within the 42 days, you will be charged $25         which bearer you are currently using (GSM, 3G/
             per week thereafter until you return the            HSDPA), your hardware and software, the source of
             Loaner Equipment to us;                             your download, and general internet traffic. The
       vi) you must return the Loaner Equipment to us            service is subject to network availability.
             after the 42 days if we give you one month’s    17. CHANGING PLANS AND NOTICES
             notice;
       vii) Subject to some exceptions for remote areas,         You may change to another Blink Plan with a higher
             we will deliver Loaner Equipment to, and            download allowance at Blink’s discretion.
             collect the Loaner Equipment from,
             anywhere within Australia;                          Prices quoted are GST inclusive, on your Tax Invoice
       viii) If your request is made during normal               charges will be calculated excluding GST. GST will be
             business hours and delivery is to an                calculated on the total amount of taxable supplies
             Australian metropolitan area, we will make          during the billing period and shown as a separate
             reasonable efforts to deliver Loaner                entry. Blink reserves the right to change prices
             Equipment to you within 1 business day of           including download rates and monthly excess
             your request (our ability to do this will           megabyte fees at any time, with 30 days notice to you.
             depend on a number of factors including, the    18. TERM
             equipment we have in our storage facility).         You have signed up to a contract with a term as
       ix) Loaner equipment is subject to availability of        shown on the Blink Signature Page, under Agreed
             equivalent equipment in our warehouse.              Term. The minimum cost of your plan over the Agreed
                                                                 term is the Total Amount Payable per month
                                                                 multiplied by the Agreed Term, with exception to
                                                                 Clause 13.
   If connection to the service is not maintained for the
   Agreed Term, you will be charged an early termination
   fee equal to the monthly fixed charge for each month
   remaining in your term or
        $0 for month to month contracts,
        $100 for contracts from 3 to 11 months,
        $200 for 12 to 23 month contracts,
        $400 for 24 month or higher contracts,
   whichever is the lessor amount.
19. CARRIER REQUIREMENTS
   Our Carrier has agreed to support us to provide the
   service on condition that you give the following
   undertakings, which by your use of the service you
   agree to do:
   a) Resale: you may not resell or resupply the Service.
   b) Privacy & marketing consents: you consent to
      allow us to disclose to the Carrier (or its related
      bodies corporate) your end user details, including
      information relating to your affairs or personal
      particulars (including any listed or unlisted
      telephone number, address and account history) or
      carriage services supplied to you.
      You consent to allow our Carrier (or its related
      bodies corporate) to use that information in order
      to facilitate the supply of carriage services to you
      by us or by the Carrier and for marketing purposes.
   c) Carrier liability: The Carrier is not liable to you (in
      contract, tort (including negligence) or otherwise)
      in relation to the service, or any delay or any
      failure to provide the service.
      Carriers and carriage service providers: you
      confirm that you are not a carrier or carriage
      service provider (as those terms are defined in the
      Telecommunications Act 1997 (Cth)).
      If you become a carrier or carriage service
      provider, then we or Optus may immediately
      cancel the service by notice to you. If we or Optus
      do so, we or they will negotiate in good faith with
      you to enter into an agreement governing supply
      of the service, on terms to be agreed.
   d) Indemnity: to the maximum extent allowed under
      any law, statute, regulation or code, you
      indemnify us in relation to any claims by persons
      that suffer loss as a result of a defect in the
      service.
   e) Acceptable use limitations: you agree to not use
      more than 8Gb in data (total download and
      upload) in each calendar month. If you use more
      than 8 Gb in any calendar month, you
      acknowledge that your service may be suspended
      or cancelled at our absolute discretion.
   f) No mobile number portability: you acknowledge
      that the service does not support mobile number
      portability between mobile carriers. You also
      acknowledge that you will not be allocated with
      the relevant mobile service number.
   g) Acceptable use policy: you agree to comply with
      the Blink Acceptable Use Policy, which is available
      at www.blinkit.net.au
   h) You must not disassemble, decompile or reverse
      engineer any software provided by Blink in relation
      to the Service.
   i) Suspension and termination of service: you agree
      that Blink reserves the right, at any time without
      notice (although Blink will endeavour to provide
      notice as reasonably practicable in the
      circumstances, taking into account technical,
      operational and commercial issues) to suspend or
      terminate your service. This is usually, but not
      limited to, the following reasons; fraud or criminal
      activity, reached plan data limits or high excess
      usage, credit management, system or network
      maintenance, or network interference.

				
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