CommuniTel Terms of Service

1.1 Acceptance of Terms

CommuniTel Billing Services (VIC B1831805A) is a division of Empowered Communications Pty Ltd A.C.N. 096 918 080, referred to hereafter as ("CommuniTel") or ('the Service').

Provision of the services is conditional upon acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on this Web Site, referred to hereafter collectively as the 'Terms Of Service' ("TOS").

BY SUBMITTING THE SUBSCRIBER APPLICATION ON THIS WEB SITE OR USING ANY OF THE SERVICES AVAIALBLE ON OR THROUGH THIS WEB SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TOS. If you do not agree to our TOS, which includes by incorporation our Privacy Policy, you must immediately terminate your account by following the instructions provided on this Web Site.

1.2 Description of Service

CommuniTel will provide you with telecommunication services for local, national, international long distance and voice calls to Australian mobiles and such other services as we may agree to provide to you from time to time ("Services"). We will provide these services using our facilities and services and those of other suppliers.

Subscribers access the Service: by dialling an override prefix; by preselecting long distance and fixed to mobile calls; or by Voice Over Internet Protocol (VOIP). CommuniTel does NOT provide telephone line rental or maintenance - this will continue to be provided by your current provider.

Subscribers to the CommuniTel service have the ability to earn calling credits/rebates by participating in the CommuniTel Reward System. These calling credits/rebates are applied to the subscriber's account to reduce the total charge to the subscriber.

1.3 Service not available to Subscribers in all areas

The CommuniTel service is not available to subscribers in all areas. To become a CommuniTel subscriber your telephone service must be located in either: Melbourne (prefixes 038, 039); Sydney (prefixes 028, 029); Adelaide (prefixes 0882, 0883, 0884); Brisbane (prefix 073); or Canberra (prefix 0262).

1.4 Override services

To access the CommuniTel Override service, Subscribers must pre-pend dialled numbers with the prescribed 4-digit prefix. If you omit to dial the prescribed prefix, the call will be billed by the current service provider and not by CommuniTel.

1.5 Preselected services

If you have elected to preselect for the services, you agree that you are transferring the provision of your long distance, fixed to mobile and international calls to CommuniTel. Local calls are not preselectable and will default to your current service provider.

You understand that not all services are preselectable to CommuniTel (eg. lines connected to the Optus network)

In making a preselection request, you appoint CommuniTel as your agent to deal with current service provider(s) to give effect to such transfers. CommuniTel will notify within 10 days to confirm the outcome of the preselection request.

1.6 VOIP services

VOIP Subscribers acknowledge that the CommuniTel VOIP service is associated with a standard fixed line service and can only be used as an out-bound second line service only. Due to the potentially unstable nature of providing VOIP over the public Internet, the service should not be used for emergency services calls. To comply with the Telecommunications (Emergency Call Service) Determination 2002, the VOIP service must only be used at the same fixed address as the associated fixed telephone service.

2.1 Application of Rates and Charges
CommuniTel will bill you for services in accordance with the relevant tariffs applying at the time the call was made. CommuniTel may vary its rates and charges without notice and as notified on this Web Site from time to time.

CommuniTel's records are prima face evidence of your use of the service and the charges payable. Any telephone calls made from the numbers nominated by you will be deemed to have been authorised by you and you will pay the charges accordingly.

2.2 Method of Billing

CommuniTel offers pre-paid or post-paid billing of accounts.

In the event that you pre-purchase credit, we will issue you with a tax invoice at the time we receive payment. Your account will be debited each time you make a call until you have exhausted your credit. At this time (or any time before) you must pre-purchase more credit to continue using the service.

In the event that you elect to be billed in arrears, you will be required to complete a credit card direct debit authority. At the start of each month you will be issued a tax invoice for call charges in arrears and any rental charges in advance. Your credit card account will then be debited for the current charges at a time determined by us (normally seven days after the invoice was issued.)

All bills for services will be issued electronically; Paper bills are not available.

2.3 Credit Limit

Where you have elected to pay in arrears, CommuniTel may impose a credit limit on your account and may require a security deposit or interim payment at any time throughout the month. If your account reaches the predetermined credit limit then a payment will be deducted from your credit card without prior notice to you.

2.4 Billing from other Suppliers

CommuniTel does not provide telephone line access or maintenance. You will continue to be billed by your current service provider for service and equipment non-preselected/overridden calls. You must continue to pay these bills in accordance with your current service provider's terms and conditions.

2.5 Suspension

In the event that we are unable to debit your credit card for your post-paid services we will notify you by email. Where charges owing to us remain outstanding after 7 days, unless we have received written notice from you of a bona fide dispute of those charges we reserve the right to suspend provision of Services to you.

4.1 Calling credits

Subscribers may be awarded calling credits ("Credit") for participating in certain activities such as completing surveys, by reading and responding to email promotions; by participating in transactions with affiliated merchants; and by other methods as notified from time to time on the Site.

You agree that opting in to earn credits does not obligate us to provide you with any particular number of opportunities to earn Credit or to send messages to you.

4.2 Opting in

As a condition of registration you must, as a minimum, opt in to participate in email promotions and online research. CommuniTel uses a double opt-in system that requires you to respond to a registration email before your account is activated. If you do not activate your account, your registration will not be completed and you will not be able to use CommuniTel.

In addition, CommuniTel reserves the right to send you email messages from time to time for which you may not be rewarded. Such messages may include system updates; bulletins; administrative announcements; special requests, etc., and may be sent via email or regular mail.

4.3 Third Party Promotions

As part of the Site and the Service you may be presented with promotions, advertisements and offers provided by third parties ('Third Party Promotions'). All Third Party Promotions are paid for by the advertiser and do not represent an endorsement or recommendation by CommuniTel or its affiliates, directors or employees.

Any dealings with any advertiser as a result of Third Party Promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You agree that CommuniTel will not be held responsible or liable for any part of any such dealings or promotions.

4.4 Linked Sites

CommuniTel may provide links to third parties' Web sites ("Linked Sites"). Unless otherwise noted on the Site, Linked Sites are not reviewed, controlled or examined by CommuniTel in any way. CommuniTel is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. Except as otherwise noted on the Site, these links do not imply CommuniTel's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Sites. In no event shall CommuniTel be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. CommuniTel reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different Subscribers.

4.5 Awarding of credit

In the event that you participate in a transaction with a reward partner that would make you eligible to earn CommuniTel Credit, CommuniTel will make reasonable efforts to credit your account in a timely manner. You acknowledge that in order for us to award credits that your browser must accept cookies. You acknowledge that certain firewall or filtering software may affect our ability to credit to your account.

4.6 No liability

You understand and agree that CommuniTel will not be responsible to you or any governing body for any taxes or the loss of any benefits as a result of being issued CommuniTel rewards or prizes.

4.7 Referral system

CommuniTel employs an incentivised referral system. You agree not to send unsolicited email (SPAM) to strangers to promote the CommuniTel Service or otherwise abuse the referral system.

4.8 Abuse of reward system

You will not use any automated means including scripts, spiders, robots, bot, crawlers or the like in connection with your participation in collecting CommuniTel Credit or with any other activity on the site.

5.1 Performance

Because the performance of some Services may be affected by the levels of use of other users and of facilities related to providing the Service, we do not warrant that Services will be free of congestion, delays or faults and we will not be responsible for any loss or damage which may result.

5.2 Warranties

Except as required by law, all terms, conditions, warranties, undertakings, inducements and representations, relating to the provision by us of the Services are excluded, and we will not be under any other liability in respect of any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of the Services.

5.3 Limitation of Liability

Our liability for any breach of any term, condition or warranty or under any remedy implied by law (which cannot be excluded), will be limited at our option to the re-supply of Services; or the payment of the cost of having Services re-supplied.

5.4 No Liability

We have no liability to you or to any other person for:


Faults or defects in Services which are caused to any material extent by your own conduct or misuse, nor

Any delay or default in performance under this agreement if it is caused by an event reasonably beyond our control, including but not limited to war, accident, act of God, industrial action, embargo, delay or failure or default by another telecommunications service provider.

5.5 Indemnification

You agree to indemnify CommuniTel, its parents, subsidiaries, affiliates, officers and employees to the fullest extent permitted by law against claims arising from a breach of this agreement and/or use of the Services by you or someone using your username and password; or your inability to use the Service.

a Authorise us to sign on your behalf and in your name forms of authority to your current Supplier to transfer your accounts into our name; and

b Authorise your current supplier of telecommunications services to transfer to us your local, national, international and calls to Australian mobiles, telecommunications services relating to the telephone numbers transferred to us; and

c Will remain responsible for all amounts owing to your current Supplier of telecommunications services for any services they supply, or have supplied, to you; and

d Acknowledge that you may forfeit some or all incentives and benefits with your current telephone company (eg discount plans, charity concessions); and

e Acknowledge that we will not accept any liability for any amounts owing by you to your current Supplier for services which were provided to you prior to the commencement of Services under this agreement.

7.1 Termination by you

You may terminate this agreement at any time upon notice to us. If you have preselected to us, you acknowledge that you will remain preselected to us until you preselect to an alternate provider or until your telephone service is cancelled. In that event that you are still preselected to us when you cancel your agreement with us, then your telephone service may be disrupted.

You remain liable for any charges you incur up to the effective date of cancellation. No refund of any fees, including any monthly access fees, will be granted, and no credits to your account will be redeemable or convertible to cash or any other form of credit.

7.2 Termination by us

CommuniTel reserves the right to terminate a Subscriber's account in the event that the Subscriber provides false or misleading subscription information or otherwise violates these TOS. Interpretation of what constitutes a breach of this agreement shall be at the sole discretion of CommuniTel.

In addition, you agree that if you do not access the service for a period of more than three (3) months then we may terminate your account without notice to you.

You understand and agree that if your account is terminated by us, any Credit will be forfeited and you will lose the right to participate in the program