Terms and Conditions
These terms and conditions contain the agreement between you (“the Customer”) and Nextelle for the telecommunications services provided.
Our agreement with you includes these terms and conditions. We will provide you with our current pricing at your request or it can be found on our web site www. M1 Telecom.com.au. The 4-digit override code provided can be used to access the Nextelle network. Weekend rates apply between the hours of Friday Midnight to Sunday Midnight and do not include International or mobiles. Standard Rates will apply at all other times.
Nextelle will send you a tax invoice on a per calendar month basis setting out the Fees due for the Service we have provided to you, all call charges will be rounded up to the next cent. Timed calls are charged in six second increment with a minimum of one minute charge. The initial month of billing will be pro-rated from the date you connect till the end of the calender month plus one month in advance for all Line Rental, Internet and service charges. Any payments made through Australia Post will incur an additional charge of $2.00 per transaction. You agree to pay all invoices by the Due Date; you will be liable for all reasonable collection costs (including our total legal fees) we incur to collect the amount outstanding, or to recover Hardware or any other equipment; and the Carrier may be entitled to claim payment from you of any amount under our commitment unpaid by the Due Date on the same terms and conditions we can claim payment from you. To obtain new connection discounts, bills must be paid in full by the due date otherwise full charges apply. If there is a dispute, you must pay the undisputed amount of each invoice by the Due Date. Where in our opinion you have a reasonable claim or dispute with an invoice, we will suspend our collection or recovery processes on the disputed amount until a resolution on your claim or dispute has been settled. We aim to resolve invoice disputes within 21 working days. You will not have to pay any amount which you have genuinely disputed in accordance with this clause unless, and until, the disputed amount is resolved in our favor. You must otherwise pay all Charges specified on your bill by the due date. If any of the bills are not paid in full within 30 days from the due date we may refer you to our collections agency to take necessary legal action to recover the debt. This will also affect your credit rating.
We reserve the right to charge you a late payment fee of $12.00 (Inc Gst) & $60 (Inc Gst) reconnection fee, if accounts are not paid by the due date.
You acknowledge that the Service may not be available in all circumstances and that we will not be liable for default or failure to perform our obligations under our contract resulting from; our inability to gain access to the Carrier network; or from any other cause beyond our reasonable control. We are not liable to you in any circumstances for any loss of, or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit, whether direct, indirect, economic, consequential or howsoever otherwise caused. If we have reasonable grounds to believe you are a credit risk, we may ask you to provide some form of a security deposit in advance for our Services. If you do not provide the relevant security by the date requested, then we may refuse to provide you with the Service or may terminate a Service that we have been supplying.
An initial credit limit of $180 applies to all accounts and Nextelle reserves the right to disconnect the services without notice once this limit has been exceeded. If you require a higher credit limit please call us.
Termination of your Services
Your service can be terminated by either yourself or by Nextelle at any time and without notice. You can terminate your service by contacting our customer service team by telephone or in writing. We may suspend the service immediately and without notice at any time if there is a failure of the equipment used to deliver the Service or the equipment used to deliver the Service requires maintenance or modification or you do not comply with the terms and conditions of the agreement. If we suspend your service, you will still remain liable for all Fees during the suspension. We can temporarily suspend you from the Service if: (a) We identify excessive use or unusual call patterns; (b) you have not done what you are obliged to do; (c) an authority, such as the ACMA, requests us to do so; or (d) there are technical problems with our network or the network of the Carrier; (d) your Service has an unusually high volume or spend when compared to previous activity for that Service; (e) You exceeded the current credit limit on your account in any given month.
If you have any concerns about the Services we are providing to you, you should contact us immediately. We will endeavor to resolve any problem or complaint you have as quickly and effectively as possible. If you are not satisfied with the initial outcome of your complaint, the matter will be reviewed in accordance with our complaints procedures.
Nextelle will send you a monthly invoice and will debit your credit card on the due date of your Nextelle invoice. A fee of $11.00 applies if the direct debit transaction gets rejected. If you choose to change your Direct Debit details, please contact Nextelle Customer Service.
Once an account has been cancelled or closed, Nextelle requests that you pay the whole of the unpaid balance of your account. If your account has a credit balance, Nextelle will refund that to you by cheque.
Nextelle is committed to participate with copyright laws in Australia.
Nextelle users must not copy any CDs, MP3s, Books, Articles, Software and Games from the Internet. This is considered illegal and in breach of the Copyright Act 1968. Therefore prosecution by the authorities is possible. Nextelle condones piracy and takes serious steps to prevent infringements. Nextelle reserves the right to suspend or cancel any repeat offenders.
Steps taken by Nextelle to prevent copyright users on its network:
As soon as Nextelle receives notification from any third parties regarding a breach of copyright by a user, a warning notice is sent to the end user.
If the breach is repeated by the same user, a final warning is sent asking the user to stop copyrighting on the network or risk having their service suspended or cancelled.
If the breach is repeated yet again Nextelle will have the end users service suspended or cancelled off the network.
3.FAIR GO POLICY
Reason for the policy, to ensure all Nextelle customers enjoy quality service and are not disadvantaged by others that misuse Nextelle’s promotions, Caps or Unlimited plans.
Fair Go Policy applies to the following Nextelle Services
Customers must not use the special in an unreasonable or excessive manner in which it impedes or stops Nextelle from providing services to other customers. We may limit, suspend or terminate your International call access if you excessively use the specialx or any international call promotions.
You must use your Home phone plans in accordance with any limits stated in plan that you subscribe to for the use of that Service. We may limit, suspend or terminate your Home Phone service if you unreasonably exceed such limits or excessively use in which it may impede or stop Nextelle from providing services to other customers.
You must use your Mobile plans in accordance with any limits stated in plan that you subscribe to for the use of that Service. We may limit, suspend or terminate your Mobile Phone Service if you unreasonably exceed such limits or excessively use in which it may impede or stop Nextelle from providing services to other customers.
You must use your Internet in accordance with any limits stated in plan that you subscribe to for the use of that Service. We may limit, suspend or terminate your Internet Service if you unreasonably exceed such limits or excessively use your unlimited plan in which it may impede or stop Nextelle from providing services to other customers. Speed will be limited to 128kbps once Total monthly data download limit is exceeded. Speed will revert back to ADSL2 fast speed at the start of a new calendar month.
The override may be used for Local, National, International and Calls to Mobile. You can remain with your provider for the line rental and use M1 Telecom for the Override. The override connection may fail due to network duplication or your line service is not compatible with the network.
Your Pre-selection or Long Distance direct service can be connected or transferred from another provider to Nextelle with your authorization. The Transfer of your Long distance calls may take up to 5 to 10 working days to complete. The Transfer or connection of your Long Distance direct service may fail due to network duplication or your line service is not compatible with the network. Long Distance calls include National, International and calls to mobiles.
Your Line Rental provider will bill you for local calls & any other additional services. Nextelle will only bill you directly (without an override) for National, International, and calls to mobile.
When you authorize Nextelle to transfer your line Rental you are also authorizing to transfer your Pre selection/Long distance calls. The transfer of your Line Rental may take up to 5 to 10 working days to complete. The transfer or connection of your Line Rental and Long Distance direct service may fail due to network duplication or your line service is not compatible with the network. By authorizing the transfer of your line Rental to Nextelle you are consenting that you are the account holder of the telephone and you are authorizing Nextelle to transfer your telephone service to Nextelle , the information you provided is true and correct. You understand that prices are subject to change without notice. You understand access fees are charged from the date of connection and one month in advance. Any additional discounts, benefits and services from your existing provider will not automatically be transferred or may no longer be available. You are liable for charges and commitment billed after the date of transfer from your previous provider. You are Subject to Nextelle’s credit assessing policies. You understand that it is your responsibility to check the terms and conditions of your existing fixed telephone services relevant to this transfer to Nextelle with your existing service provider. No costs involved to transfer your line Rental to Nextelle from another provider.
If you do not have an existing telephone line, Nextelle can connect a new line for you, there are connection fees involved to provide you a new line at your premises. $89.00 Connection Fee: This is when a working telephone socket exists from a previous connection and a technician is not required to visit your property or premises. $200.00 connection Fee: New telephone line connection – a telephone service has not previously been connected at your premises (There may have previously installed cabling to your property or premises and you may be able to hear a dial tone) Telephone line connection with a technician visit with cabling work – a previous telephone service existed at your property or premises and a technician is required to visit your property or premises to install and work on the cabling up to the first socket in the property or premises
If you request Nextelle to connect a new line and if the line gets cancelled or transferred within three month period, Nextelle reserves the right to charge a cancellation fee of $150.00 including GST.
Nextelle will bill you for all calls directly (without an override) this includes local National, International, and calls to mobile. Nextelle will also charge you for additional features used by you for example 1900, 123 Sensis, *10# and extra service charges you may have had with your previous line rental provider for Example Calling number Display, Call Control, Silent line or Message Bank..etc. If at anytime you are experiencing a fault on your telephone line you must contact M1 during business hours to advise of the problem. An Incorrect call out fee of $100.00 may be charged only if no fault is found on the network. The Main Distribution Frame (MDF) and the Network Boundary Point (NBP) are not considered part of the network however they are part of the Customer’s Premises Equipment (CPE).
Nextelle Provides Mobile Sim only plans. You can transfer your existing mobile number to Nextelle from your current provider. Nextelle can provide you with a new mobile number. All new Nextelle Sim cards come with active Voice mail diversions.
Subject to Fair go policy. You must use your Internet in accordance with any limits stated in plan that you subscribe to for the use of that Service. We may limit, suspend or terminate your Internet Service if you unreasonably exceed such limits or excessively use in which it may impede or stop Nextelle from providing services to other customers.
Nextelle currently does not have an online download usage link. In the meantime if you require to check your download usage please call our friendly Customer Service between Monday to Friday 8:30am-6.30pm and Weekends and public holidays 10am-5:00pm AEST. They will be able to provide you with acurrate download usage up until the previous working day.
ADSL transfers and connections may take up to 10 to 14 working days to complete, if service is available at your local exchange. Nextelle will not be liable for delays in transfer or connections. The transfer or connection of your ADSL may fail due to your local exchange being too far away from your premises therefore hindering the service we provide or your line infrastructure is not compatible with the ADSL network.
All prices quoted when ADSL2 is bundled with Nextelle Line Rental (PSTN) except Standalone plans. All ADSL2+ plans (Standard and Offnetwork) are available only on direct debit through a nominated Credit Card. Click here for Line Rental Terms and conditions for Bundle plans.
ADSL2 is only available in selected coverage areas. Nextelle may still be able to provide you with ADSL2 service on its Offnetwork Plans. The new connection or transfer fees are charged on your first Nextelle bill. A relocation fee of $99.00 is applicable when customers change their address and/or phone number as well as plan downgrades. You understand access fees are charged from the date Nextelle activates your ADSL2 connection on your line and one month in advance. Nextelle does not provide ADSL2 modems. You are responsible for your internet use and wireless security. Therefore Nextelle takes no responsibility for any data downloaded and/or the content stored on your computer. Please see Nextelle’s postion on copyright laws. All ADSL2 Plans cannot be used in conjunction with any other Nextelle offer. Unused downloads cannot be rolled over to a new Calendar month. Speed shaped to 128kbps when monthly download limit is exceeded. Speed will revert back to ADSL2 fast speed at the start of a new calendar month.
All ADSL2+ plans (Standard and Offnetwork) are available only on direct debit through a nominated Credit Card or bank account. Nextelle will send you a monthly invoice and will debit your credit card on the due date of your Nextelle invoice. A fee of $11.00 applies if the direct debit transaction gets rejected. If you choose to change your Direct Debit details, please contact Nextelle Customer Service.
if you request to downgrade any plan during your commitment period a $99.00 downgrade fee applies. The plan will take effect from the following calender month.
if you request to upgrade any plan during your commitment period no additional fees will apply. The plan will take effect from the following calender month with a new commitment period.
ADSL2 transfers and connections may take up to 10 to 14 working days to complete. Subject to availability at your local exchange. Nextelle will not be liable for delays in transfer or connections. The transfer or connection of your ADSL2 may fail due to your local exchange being too far away from your premises therefore hindering the service we provide, no available ADSL2 ports at your local exchange or your line infrastructure is not compatible with the ADSL2 network.
Nextelle cannot guarantee any speeds. The line speed will differ due to the following aspects including:
Distance from the local telephone exchange
The quality of the phone line
Quality of cabling
The number of equipment connected to your local area network and phone line.
Quality of hardware and Software of your modem and PC
You must use your Internet in accordance with any limits stated in the plan that you subscribe to for the use of that Service. We may limit, suspend or terminate your Internet Service if you unreasonably exceed such limits or excessively use in which it may impede or stop M1 Telecom from providing services to other customers. Speed will be limited to 128kpbs once monthly Total monthly data download limit is exceeded. Speed will revert back to ADSL2 Plus fast speed when extra data is added or at the start of a new calendar month.