What we provide you

Subject to Empcom Pty Ltds ABN 72 088 110 258 ("Empcom") acceptance of your application, Empcom provides you with the ability to make national and long distance long distance calls and fixed to mobile calls from the local calling areas of Sydney, Melbourne, Brisbane and Perth using either:

1. The Empcom Prepaid Calling Card Service;
2. The Empcom Override Service; or
3. The Empcom Preselect Service (together the "Service")

all of which are described in this Service Description.

These calls can terminate to:

1. Australian national geographic numbers (calls dialled using an Australian area code but not including calls to numbers in the same local call charging zone);
2. Digital mobile numbers (calls dialled with a prefix 04); and
3. Most long distance numbers (calls dialled as 0011 + Country Code).

However, Empcom does not guarantee that you will be able to make successful calls to every valid number within the above call types as Empcom does not own or operate every part of the network in providing these services to you. Empcom currently supports transmission of speech only. In particular, Empcom does not support modem calls and does not guarantee the quality of fax calls. You cannot make 000 emergency calls via the Empcom Prepaid Calling Card Service. 000 emergency calls dialled using the Empcom Override Service with the 14xx prefix referred to below will be routed to Telstra. 000 emergency calls dialled using the Empcom Preselect Service will also be routed to Telstra.

By using the Empcom Prepaid Calling Card Service and the Empcom Override Service, you will remain connected to your existing preselected service provider. There is no obligation on you to nominate Empcom as your preferred telecommunications carrier, but if you wish to do so in order that you may access Empcom's Preselect Service, you must return a completed and signed application form regarding the Empcom Preselect Service, and other terms and conditions may apply. This application form is available at http://www.empcom.net/.

How you can access Empcom Prepaid Calling Card service

You access the Empcom Prepaid Calling Card Service by dialling into one of Empcom's Prepaid Calling Card platforms located in the local calling areas of Sydney, Melbourne, Brisbane and Perth by using the telephone number provided by Empcom. You can access the Empcom Prepaid Calling Card platforms via local calls only in the Sydney, Melbourne, Brisbane and Perth local calling areas. You will incur a local call charge from your local network operator. You may also access the Empcom Prepaid Calling Card platforms via mobile phones or payphones. However, you will incur the usual charges from your mobile or payphone network operator for calling into Empcom's Phone Calling Card platform in this manner. You will be allocated a card number and a PIN. The Empcom Prepaid Calling Card platform will prompt you to enter these numbers as the method of identifying yourself. Detailed usage instructions are available on both the back of your Empcom Prepaid Calling Card.

How you access the Empcom Override Service

If you remain preselected to a telecommunications service provider other than Empcom, the Empcom Override Service may be accessed by first dialling "14xx" before the national area code or long distance access code of the called number. Unless otherwise agreed with Empcom, before using the Empcom Override Service you must return a completed and signed application form regarding the Empcom Override Service. This application form is available at http://www.empcom.net/.

How you access the Empcom Preselect Service

If your access line is preselected to Empcom, you will have access to the Empcom Preselect Service. "Preselect" in relation to your telephone access line means to designate Empcom to provide certain pre-selectable services to your telecommunications access line, in this case:

1. National long distance voice calls;
2. Long distance Preselect voice calls; and
3. Calls from fixed telephone lines to digital mobiles.

If you have preselected Empcom you will be able to dial the numbers on the above services without use of the override code or the Empcom Prepaid Calling Card.

Call charges

Call charge details are available on the following web page: http://www.empcom.net/ Empcom may change these call charges from time to time and Empcom shall use its reasonable endeavours to notify you of such changes in call charges by providing not less than 7 days prior notice by way of update to Empcom's website at http://www.empcom.net/ and/or by including a notice in your billing information.

The Service

You agree to acquire from Empcom the Service on these Terms and Conditions and the terms and conditions contained in the relevant Service Description. Empcom agrees to provide the Services to you subject to these Terms and Conditions and the relevant Service Description provided that you meet the requirements of Empcom. To the extent of any inconsistency, these Terms and Conditions shall prevail over the relevant Service Description. You must, and ensure that third parties using the Service through you, use the Service in accordance with these Terms and Conditions and the relevant Service Description.
Empcom will endeavour to provide the Service in accordance with the relevant Service Description but may change some elements of the Service Description at any time for operational or network planning reasons. Empcom will use its reasonable endeavours to ensure that such changes do not adversely impact your use of the Service.In these Terms and Conditions and in the Service Description, "you" and "your" means the person contractually responsible for the Service.

Your Obligations

You will be responsible for all applicable charges for use of the Service whether such calls were made by you or another person with or without your knowledge or consent. In addition, and without limitation, you are responsible for any charges incurred:

1. In relation to the Empcom Prepaid Calling Card Service in accessing the Empcom Prepaid Calling Card platforms. This includes, but is not limited to, any charges incurred by your local service, mobile, long distance or payphone network operator that you may use to dial into Empcom Prepaid Calling Card platforms;
2. In relation to the Empcom Override Service, in relation to your preselected telecommunications service provider; and
3. in relation to the Empcom Preselect Service in relation to any other non-Empcom preselected services from your other telecommunications service providers.

You undertake at all times to take all necessary steps to protect any PIN or card relating to any Service from misuse, and to prevent disclosure to any unauthorised persons. You must notify Empcom immediately upon first becoming aware of either the loss of your card or unauthorised disclosure of your PIN.

You must ensure that the Service is not used to transmit any defamatory, offensive, abusive, indecent, menacing, illegal, fraudulent or hoax material or other material which would otherwise constitute a breach of any duty or obligation in contract, tort or otherwise owed to Empcom or any third party. You must also not use the Service to interfere with calls made by any person or tamper with the Service in any way. You indemnify and shall keep indemnified Empcom against all claims, costs, loss, expenses or injuries arising in relation to a breach of this clause.

When using this Service, you must comply with, and ensure others comply with, all laws, regulations, codes or determinations or any other requirements of any government or statutory authority.If you change your address, you must inform us within 21 days of such change. If the status of your line with your local network operator changes, this may affect your access to certain Services, and you should advise one of our Customer Service Representatives on 1300 367 138.

You must give Empcom at least 30 days written notice that your account for the Services is no longer required. Until Empcom receives this notice, you are responsible for anything done with, or any use made of, the Services.

Customer Service

If you get disconnected during a call, get a bad line call or a fault on our network is preventing you from using the Services, hang up from the call immediately. Call 1300 367 138 and inform a Customer Service Representative of your difficulties. We will attempt to resolve any problems as soon as practicable.

At our discretion, if we consider that you have received poor service from us we may provide a credit to you. These credits will not be transferable or redeemable for cash.If you have any queries regarding any of the calls made using the Service, please contact a Customer Service Representative on 1300 367 138.

Fees

Empcom will charge you for all calls made using the Service in the manner specified by the Service Description.
Empcom will bill you on a monthly basis, although Empcom reserves the right to:

1. Vary the billing frequency;
2. Issue an interim bill for accrued charges which will become immediately due and payable; or
3. Bill you through a billing agent.

Processing and verification procedures may mean that not all calls made during the period covered by a bill can be included in that bill. Empcom may include those calls in any subsequent bills. Unless otherwise requested, you agree that your bill will contain only a summary of total national and long distance call charges provided that Empcom will provide itemised call details.

Your bill will be calculated by reference to data recorded or logged by Empcom and any of Empcom's suppliers. Records held and call-logging procedures adopted by Empcom and any of Empcom's suppliers will be conclusive evidence of the usage of the Service and the charges payable by you.

If your accumulated charges for use of the Service exceed $500 at any time, Empcom may at its sole discretion, suspend your access to the Service. Although Empcom will use best endeavours to contact you before this limit is exceeded, Empcom may suspend provision of the Service to you without prior notice.

Empcom will endeavour to bill you for your use of the Service in the first 10 days of each month and payment will be due on the 20th day of that month. If your account is not paid within 10 days of that due date, you agree to pay Empcom a late payment fee on any overdue amounts on an invoice at the rate of 15% of the amount overdue, calculated from the due date to the date of actual payment in full. You agree that this late payment fee is a genuine pre-estimate of the damage Empcom will suffer as a result of your late payment and is not a penalty.

Notwithstanding anything in these terms and conditions, Empcom will not provide you with any credit for any charges extending beyond 62 days from the date that the charges are incurred. If any amounts are outstanding beyond 62 days from the date that the relevant charges are incurred, this Agreement may by terminated by Empcom immediately and you will be required to pay all outstanding charges to Empcom immediately.

In addition, Empcom may impose a charge on you to cover Empcom's reasonable expenses and costs incurred in enforcing any failure or delay in your payment. You must pay any taxes (including, without limitation, any goods and services tax), duties, stamp duties, imposts, levies or government charges relating to your use of the Service.

Without limiting Empcom's rights, if your account is unpaid in part or in whole for a period of one month from the due date, Empcom reserves the right to terminate your access to the Service at any time in Empcom's discretion and to refer your information to a debt collection agency or credit reference agency without notice to you. In this circumstance, Empcom also reserves the right to restrict or terminate your access to other Empcom services used by you. Empcom may require you to pay a reconnection charge before you can use the Services or other Empcom services again.

If you think there is a mistake in your account, please let us know before the due date for payment. If we agree that there is a mistake, a credit reflecting this amount will be placed onto your account. If Empcom accepts your application for Empcom's Preselect Service, you will remain responsible to your former preselected telecommunications service provider for all charges for the relevant preselected calls made on your telecommunications access line until the local exchange carrier changes your preselection.

If you wish to cease using Empcom's Preselect Service and change the preselection of your telecommunications access line away from Empcom to another telecommunications service provider, you will remain responsible to Empcom for all charges for preselected calls made on that telecommunications access line until the local exchange carrier changes the preselection.

Provision of Credit and Privacy

You acknowledge that Empcom may give information about you to a credit reporting agency for the following purposes:

1. To obtain a consumer credit report about you; and/or
2. To allow the credit reporting agency to create or maintain a credit information file containing information about you; provided that:
3. This information is limited to:
   1. identity particulars - your name, sex, address (and the previous two addresses), date of birth, name of employer and drivers licence number;
   2. your application for credit or commercial credit - the fact that you have applied for credit and the amount;
   3. the fact that Empcom is a current credit provider to you;
   4. payments which are overdue by more than 60 days and for which debt collection action has started;
   5. advice that your payments are no longer overdue in respect of any default that has been listed;
   6. information that, in the opinion of Empcom, you have committed a serious credit infringement (that is, acted fraudulently or shown an intention not to comply with your credit obligations); and
   7. dishonoured cheques - cheques drawn by you for $100 or more which have been dishonoured more than once; and
   8. this information may be given before, during or after the provision of credit to you.

You agree that Empcom may obtain information about you from:

1. a business which provides information about the commercial credit worthiness of persons; and/or
2. a credit reporting agency, for the purpose of assessing your application for consumer credit.

You agree that Empcom may exchange information about you with those credit providers names in your credit application or names in a consumer credit report issued by a credit reporting agency for the following purposes:

1. to assess an application by you for credit;
2. to notify other credit providers of a default by you;
3. to exchange information with other credit providers as to the status of this credit facility where you are in default with other credit providers; and/or
4. to assess your credit worthiness.

You acknowledge that the information exchanged pursuant to clause 5.3 can include anything about your credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act. You acknowledge that, if you do not bar calling line identification in respect of call made using the Service, your telephone number may be sent automatically to the equipment of the called party and you shall have no claim against Empcom in this regard.

Quality of Service

You can access this Service only in the calling areas specified in the Service Description. It is technically impractical to guarantee that the Service is free of fault or error and that there always is sufficient capacity to carry all calls attempted to be made using the Service. Empcom will undertake to provide the Service using the reasonable care and skill of a competent carriage service provider, but may be subject to failure to deliver capacity by our suppliers.

Although Empcom will endeavour to give as much notice as reasonably practicable, Empcom may suspend the Service at any time. Despite any other provision of these Terms and Conditions or the Service Description, Empcom will not be liable to you, or any person claiming through you, in contract, tort or otherwise (including negligence) for any loss or damage arising from suspension of the Service or any faults arising in the Service in accordance with this clause 6.

Empcom will not be liable to provide the Service to you if it becomes impracticable to do so because of any cause beyond Empcom's reasonable control, including without limitation acts of God, civil disorder or war, national or local emergency, adverse weather conditions, industrial dispute or acts or omissions of other carriers or carriage service providers or any authority.

You acknowledge that, in the event that you are acquiring Empcom's Preselect Service, there may be a delay between when you preselect Empcom and when your local exchange carrier implements the preselection changes. Similarly, if you wish to change your preselection from Empcom, there may be a delay between when you preselect another telecommunications service provider other than Empcom and when the local exchange carrier implements that preselection. Empcom will not be liable to you for any delay in this regard.

Limitation of Liability

By using Empcom's services you do so at your sole risk. Empcom does not warrant that our service will be uninterrupted or error-free. You may have the following statutory rights:

1. the Trade Practices Act 1974 and the state and territory fair trading laws may imply certain conditions and warranties into your contract with Empcom and confer certain rights and remedies on you, which may not be excluded, restricted or modified by agreement. These include, for example, a warranty that services will be rendered with due care and skill;
2. the ACA has issued a customer service guarantee that establishes minimum connection and fault repair times, breach of which entitles you to specified amounts of damages.

Except as provided by clause 7.2, Empcom excludes all liability to you, or any other person claiming through you, for any cost, loss, liability or damage arising (whether in contract, tort, under statute or otherwise) out of Empcom's or its agents performance or failure to perform or delay in performing its obligations under these Terms and Conditions and the Service Description (including as a result of any negligence) including but not limited to liability:

1. for any economic damages or indirect or consequential loss, including but not limited to any loss of profits or loss of business; or
2. arising from the acts or omissions of any carrier or carriage service provider other than Empcom, or from the failure of, or default in any other service, network, facilities or equipment of any carrier or carriage service provider comprised in the Service.

To the extent that Empcom does have some liability under this clause 6, the total liability of Empcom to you or any person claiming through you for any cost, loss, liability or damage arising out of the failure of the Service due to Empcom's or its agents performance of, or failure to perform, its obligations under these Terms and Conditions (including the description) and including as a result of any negligence of Empcom or its agents; whether in contract, tort, statute or otherwise, is limited at Empcom's option to:

1. in the case of goods, repairing or replacing the goods, or supplying equivalent goods, or paying the cost of doing any of these; or
2. in the case of services, supplying the services again or paying the cost of doing so.

Termination Empcom may immediately terminate supply of the Service to you without prior written notice if:

1. you fail to pay any charges by the due date as set out in clause 3;
2. subject to paragraph 8.1.1, you default in performance or observation of any obligation under these Terms and Conditions and, if that breach is remediable, you fail to correct the breach within 14 days of written notice from Empcom;
3. you are declared bankrupt;
4. a receiver or liquidator or provisional liquidator is appointed to you or you enter into any arrangement with your creditors or any class of creditors;
5. you die, or in the case of partnership, on dissolution or on the filing of an application to dissolve the partnership;
6. our agreement with our relevant suppliers are terminated. On termination, all charges for use of this Service and all other amounts owing by you to Empcom will become immediately due and payable.

General

Our agreement is governed by the laws of the State of New South Wales and you and Empcom agree to submit to the non-exclusive jurisdiction of the Courts of that State