SFOA

Note: The above claim is based on competitors’ mainstream rates. Some services provide per minute CAP rates which may be cheaper.

SFOA

1800Freecall Pty. Ltd. (A.C.N 112 604 878) sets out its Standard Form of Agreement below. 1800 Freecall Pty. Ltd. is referred to as 1800 PHONEHOME in this document.

Standard Form of Agreement (SFOA)
The SFOA contains important information about your rights and obligations. A summary of the SFOA can be found on this website via the Summary SFOA link.

Standard Form of Agreement under Part 23 & S479, Telecommunications Act, 1997 (Cwth).

1800Freecall Pty. Ltd. has as its business the facility called 1800 PHONEHOME. Variations to this document will be published on this website.

CONTENTS:
> Introduction
> 1. Service Agreements
> 2. Rights of 1800 PHONEHOME
> 3. Customer Obligations
> 4. Service Support
> 5. Billing
> 6. Suspension and Termination
> 7. Third Parties
> 8. Warranties
> 9. Limitation of Liability
> 10. Indemnity
> 11. Privacy
> 12. Complaints Procedure
> 13. Invalidity
> 14. Waivers
> 15. Cumulative Rights
> 16. Force Majeure
> 17. Continuing Indemnities and Survival of Indemnities
> 18. Entire Agreement
> 19. No Assignment
> 20. Notices
> 21. Currency of Agreement

Introduction
This document sets out the terms and conditions of your use of the 1800 PHONEHOME facility. Under Part 23 of the Telecommunications Act (1997), suppliers of telecommunications services may register with the Australian Communications Authority a Standard Form of Agreement (SFOA) that governs the supply of the 1800 PHONEHOME reverse charge call facility. This document is available online and you may request a copy of this document via the contact link on this website. This document governs the aspects of the 1800 PHONEHOME service and will remain in force until revoked. A summary of the SFOA is published on this website Summary of Standard Form of Agreement.

Standard Form of Agreement
1.0 Service Agreements
1.1 1800 PHONEHOME and the customer agree to the terms and conditions set out in this SFOA. 1800 PHONEHOME will provide a reverse charge call facility. The person initiating the call (Party A) and the person receiving and/or accepting the call (Party B) are deemed to be customers.
1.2 If deemed necessary, 1800 PHONEHOME may vary the terms of agreement in this SFOA. 1800 PHONEHOME will publish the variations on this website.
1.3 The customer agrees to use the 1800 PHONEHOME facility in a responsible manner. 1800 PHONEHOME cannot and will not protect you against improper use as defined in paragraph 3 below.
2.0 Rights of 1800 PHONEHOME
2.1 Under this Agreement 1800 PHONEHOME may:

(a) prevent access to a customer who misuses the 1800 PHONEHOME service,

(b) where it is deemed necessary in order to comply with 1800 PHONEHOME’s obligations, 1800 PHONEHOME
may monitor data accessed or transmitted by the customer while using the service;

(c) take any steps deemed necessary to comply with 1800 PHONEHOME’s obligations under the relevant State
or Federal legislation, industry code of practice or under direction from a relevant regulatory authority or
court order;

(d) increase/decrease the amount charged for the 1800 PHONEHOME service,

(e) vary the conditions of the service, and

(f) remove a service, or parts of a service.

2.2 Variations, where appropriate, will be published on this website.
3.0 Customer Obligations
3.1 The customer will not in any way misuse the 1800 PHONEHOME service, by attempting to interfere with, or the operation of, the 1800 PHONEHOME service, the service providers or telecom organisations that 1800 PHONEHOME uses.
3.2 The customer will not in any way interfere with other 1800 PHONEHOME clients and customers nor interfere with the network or operations of a supplier who is interconnected with 1800 PHONEHOME.
3.3 The customer will always act in a reasonable manner to assist 1800 PHONEHOME in providing the service, including, but not limited to co-operating with 1800 PHONEHOME so that 1800 PHONEHOME is able to provide the service efficiently.
4.0 Service Support
4.1 1800 PHONEHOME will endeavour to resolve any questions as quickly as possible. Click onto the contact link on this website for prompt service.
4.2 You may contact 1800 PHONEHOME by email, telephone or post. 1800 PHONEHOME may contact the customer by email, telephone or post.
4.3 Advice from 1800 PHONEHOME is given in good faith and with the best of intention, however, the customer agrees to act on any advice given by 1800 PHONEHOME at the customer’s own risk.
4.4 1800 PHONEHOME makes reasonable efforts to ensure that the information on this website is correct and up to date. However, 1800 PHONEHOME does not warrant the accuracy of that material.
5.0 Billing
5.1 The customer must pay all charges for the service in accordance with this agreement, which may be varied from time to time.
5.2 1800 PHONEHOME will bill the customer in the manner specified on the Rates page of this website.
5.3 See the rates link on this website for current charges.
5.4 The customer’s charges will be calculated by reference to data recorded and/or logged by the partners of 1800 PHONEHOME. These records will be conclusive evidence of the usage of the service and the charges payable.
5.5 Unless expressly stated otherwise, all rates/charges under this agreement are inclusive of GST.
5.6 Any costs incurred by 1800 PHONEHOME in recovering information, like usage logs, acceptance logs etc. to assist or provide information to a customer or other third party, from partners and telecom organisations, will attract a fee equal to the costs incurred.
5.7 Any costs incurred by 1800 PHONEHOME that result from a call/s made by the customer to a third party, or any other instance, that in turn results in a charge levied against 1800 PHONEHOME will attract a fee equal to the costs incurred.
6.0 Suspension and Termination
6.1 1800 PHONEHOME may suspend, in part or in whole, the service without notice.
6.2 1800 PHONEHOME is required to undertake the repair, maintenance or service of any part of the network 1800 PHONEHOME is responsible for.
6.3 1800 PHONEHOME is reasonably required to reduce or prevent fraud or interference within the 1800 PHONEHOME facility.
6.4 Where 1800 PHONEHOME suspends the service, in part or in whole, that suspension will be without prejudice to 1800 PHONEHOME. Despite any other provisions of this agreement, 1800 PHONEHOME will not be liable to the customer, or any person claiming through the customer, in contract, tort or otherwise (including negligence) for any loss or damage arising from suspension, in part or in whole, of the service.
7.0 Third Parties
7.1 1800 PHONEHOME is not liable for any call charges incurred by the customer/s using this facility. It is the customer’s sole responsibility to ensure that the customer dials the correct number and the customer accepts the reverse charge call.
8.0 Warranties
8.1 1800PHONEHOME makes no warranty about any performance characteristic or capability of the service.
8.2 1800 PHONEHOME does not warrant that the service will be free of blockages, delays or faults and 1800 PHONEHOME is not responsible for any loss or damage which may occur as a result.
8.3 1800 PHONEHOME cannot and will not guarantee connection to or from any particular fixed or mobile phone line because payphone operators/networks/strategic partners/telecommunication operators may vary in performance from time to time.
8.4 The customer warrants that the customer has not relied on any representation made by 1800 PHONEHOME, its officers, employees or agents, which has not been stated expressly either in this agreement or upon any description, illustrations or specifications contained in any document (including brochures, advertising or publicity material) produced by 1800 PHONEHOME. The customer acknowledges that, to the extent 1800 PHONEHOME has made any such representation, the customer has been provided with an opportunity to independently verify the accuracy of that representation and the customer entered into this agreement solely in reliance upon either the customer’s verification or decision not to verify (as the case may be).
8.5 To the extent permitted by law 1800 PHONEHOME excludes all terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, statutory or otherwise, relating to the provision of the 1800 PHONEHOME service.
8.6 To the extent that 1800 PHONEHOME’s liability by operation of law cannot be excluded, 1800 PHONEHOME liability shall be limited to re-supplying the service or where re-supply of the services is not possible, a refund to the extent of fees/charges paid for the service.
9.0 Limitation of Liability
9.1 1800 PHONEHOME excludes all liability for any other loss or damage (including but not limited to consequential or indirect loss or damage or any economic loss or business interruption loss or lost profits or loss of opportunity or the customer’s liability to other people under contracts or otherwise) however caused (whether by negligence or otherwise) which may be suffered or incurred by the customer, or another party acting as or for the customer, as a result of, or which may arise directly or indirectly in respect of, a failure or omission on the part of 1800 PHONEHOME to comply with its obligations under this agreement.
9.2 1800 PHONEHOME is not liable to the customer or to any other person for any other loss or damage (including but not limited to consequential or indirect loss or damage or any economic loss or business interruption loss or lost profits or loss of opportunity or the customer’s liability to other people under contracts or otherwise) that arises directly or indirectly in respect of acts or defaults of a third party, faults or defects in the service/s, and/or faults or defects that arise in telecommunications services not provided under this agreement.
10.0 Indemnity
10.1 The customer must indemnify and keep 1800 PHONEHOME indemnified against any loss, cost, liability or damage (including, without limitation, legal costs on a solicitor/client basis) incurred or suffered by 1800 PHONEHOME which arises from or is connected with the customer’s breach of this agreement arising from:

(a) any claim or demand against 1800 PHONEHOME (including, without limitation, for negligence) by any
person other than the customer to or through whom the service, or any service which uses or relies on
the service, is supplied or distributed, which arises from or is connected with 1800 PHONEHOME’s supply
of the service or any ancillary service; and

(b) any damage which the customer or the customer’s employees, agents or contractors cause to the
1800 PHONEHOME network, equipment or any other 1800 PHONEHOME property.

11.0 Privacy
11.1 The Privacy Policy of 1800 PHONEHOME is published on this website.
12.0 Complaints Procedure
12.1 If the customer wishes to make a complaint or has a question about 1800 PHONEHOME, its services or any associated matter, the customer may contact 1800 PHONEHOME by email, telephone or post. Please click onto the contact link on this website. Wherever possible, complaints/questions will be dealt with promptly.
12.2 If the customer is dissatisfied with the outcome of the complaint/question, as a last resort, the Telecommunications Industry Ombudsman offers a full complaint procedure. Details are online at http://www.tio.com.au
13.0 Invalidity
13.1 If a provision of this agreement or a right or remedy of a party under this agreement is invalid or unenforceable in a particular jurisdiction, then it is read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability; and it does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.
13.2 This clause is not limited by any other provision of this agreement in relation to severability, prohibition or enforceability.
14.0 Waivers
14.1 A waiver of a provision of this agreement or a right or remedy arising under this agreement, including this clause, must be in writing and signed by the party granting the waiver. Unless otherwise specified a waiver is valid for seven business days.
14.2 A single or partial exercise of a right does not preclude a further exercise of that right or the exercise of another right.
14.3 Failure by a party to exercise a right or delay in exercising that right does not prevent its exercise or operate as a waiver.
14.4 A waiver is only effective in the specific instance and for the specific purpose for which it is given.
15.0 Cumulative rights
15.1 The rights and remedies of a party under this agreement do not exclude any other right or remedy provided by law.
16.0 Force Majeure
16.1 1800 PHONEHOME is not liable for any delay in installing any service, any delay in correcting any fault in any service, failure or incorrect operation of any service, or any other delay or default in performance under this agreement,
if it is caused by any event which is reasonably beyond our control, including but not limited to compliance with 1800 PHONEHOME’s legal obligations, war, accident, industrial action, embargo, delay or failure or default by any other supplier.
17.0 Continuing Indemnities and Survival of Indemnities
17.1 Each indemnity contained in this agreement is a continuing obligation despite a settlement of account or the occurrence of any other thing, and remains fully effective until all monies owing, contingently or otherwise, under an indemnity has been paid in full.
17.2 Each indemnity contained in this agreement is an additional, separate and independent obligation and no one indemnity limits the generality of another indemnity; and survives the termination of this agreement.
18.0 Entire Agreement
18.1 This agreement contains the whole understanding between 1800 PHONEHOME and the customer to the exclusion of any prior or collateral agreement or understanding of any kind relating to the service/s.
19.0 No Assignment
19.1 1800 PHONEHOME may assign all its rights and obligations under this agreement.
19.2 The customer may not assign the customer’s rights under this agreement or otherwise transfer the benefit of this agreement or a right or remedy under it, without the prior written consent of 1800 PHONEHOME.
20.0 Notices
20.1 Any notice provided under this agreement must be provided in writing. For the purposes of this clause, the customer agrees that an e-mail constitutes notice in writing and that an email will be deemed to have been received by the customer where 1800 PHONEHOME sends an email to the return email address and 1800 PHONEHOME does not receive a delivery failure report for that email.
21.0 Currency of Agreement
21.1 This SFOA document was last updated on 8 July 2016.