1300 728 884 or (03) 9436 4566
Standard Form of Agreement
Summary of our Standard Form of Agreement
Important Customer Information: Your rights and obligations
Your access, connection and use of the services; any Goods or any quotations for or offers to supply Goods; and/or any other services in connection with Goods and/or Services including but not limited to installation and maintenance services, provided to you by RA-WIFI Pty. Ltd. ABN: 31-125-849-621 trading as DeVoteD. The provision of Supplies by us is subject to and will incorporate the terms and conditions of this Agreement; Acceptable Use Policy and all applicable laws. By accessing and using the Service you represent that you have read, understood and accepted these Terms and agreed to be bound by them. If you do not agree to these Terms please do not use the Service or register an Account.
Standard Form of Agreement
For the purpose of section 479 of the Telecommunications Act 1997 we have formulated and filed with the Australian Communications and Media Authority a Standard Form of Agreement (SFOA) which consists of the following documents:
The SFOA sets out the terms and conditions under which DeVoteD supplies telecommunication services (the Services) to its customers. The SFOA is binding on DeVoteD and you, the customer, from the time we accept your Application for the provision of Services. Regardless of whether you have read the SFOA, you must comply with the SFOA. The SFOA does not apply to the extent that it differs to terms specified in your Application.
If we have agreed to provide Services to you for a Fixed Term, and neither you nor DeVoteD cancel the Services at the end of the Fixed Term, DeVoteD will continue to supply the Services to you on a month-to- month basis on the existing contract terms. To cancel a service in accordance with the SFOA you are requried to give 30 days notice and submit your request through www.devoted.com.au/cancel
For information about your rights and obligations under the SFOA, please review the below SFOA.
1. SFOA Summary
This Summary provides you with an overview of important terms and conditions in the SFOA. It does not deal with all of, or override any of, the terms and conditions of the SFOA.
Up-to-date copies of the SFOA, this Summary, including variations, can be obtained from the DeVoteD website www.devoted.com.au or from DeVoteD's office. Copies of this Summary in other major languages, braille, audio or large print format may be obtained upon request from DeVoteD.
This Summary is correct at the time of writing, but may be updated from time to time to reflect changes to the SFOA which we are permitted to make in accordance with its terms or as otherwise required by law.
2. Changing the SFOA
We may make changes to the terms of the SFOA, by giving you at least 30 days prior notice. If you acquire a Service for a Fixed Term and we make changes during that Fixed Term which will cause more than a minor detriment to you, you may cancel the Service without incurring any early termination fee by giving notice to us within 42 days after the date we notify you of the change.
You agree that our obligation to give you 30 days’ notice and afford you a right to terminate does not apply in relation to:
DeVoteD will provide you with Services you have requested in your Application. If your Application specifies a Fixed Term, that is the minimum term of the Agreement.
The Services include the following kinds of services:
You must pay for the Services you receive according to the fees set out in the Schedule of Fees and Charges (the Fees), which is available from www.devoted.com.au. Fees and Administrative Charges may apply to connection, reconnection, disconnection, access, usage equipment, content provided with usage, number reservation, maintenance, repairs, and other fees associated with the supply of the Services.
Fees may also vary depending on the type of call (voice or data), the type of customer (residential or business), the volume of calls and any specific terms agreed upon by you and DeVoteD as evidenced in your Application. Any discounts, credits, rebates or special rates which may apply to you will be stated in the Application.
DeVoteD may vary any Fees or Administrative Charges in accordance with our rights to change the SFOA.
5. Fees for the Service
Unless otherwise agreed or notified, DeVoteD will charge all accounts monthly by credit card standing authorisation or direct debit standing authorisation.
We will refund or credit any overpayment due to a variation in the Fees or cancellation of a Service. If we have undercharged you, you will be liable for any underpayment.
We reserve the right to charge you for any fees we incur from or must pay to your bank. If you are paying by credit card, you may be charged a credit card processing fee as set out in our Schedule of Fees and Charges.
Accounts must be paid in full on the due date otherwise you will be liable for a late payment fee. You may also be liable for costs relating to debt recovery services.
If your account continues to be unpaid, DeVoteD may suspend, limit or cancel your Services.
Accounts left unattended may result in your details being forwarded onto a debt recovery agency and / or a default registry.
If you wish to dispute an invoice or claim a refund for overpayment of any Fees, you should do so within 5 months of the date of the invoice to which the alleged disputed amount or overpayment relates.
Any equipment DeVoteD provides to you for the supply of the Services and which we do not sell to you (Service Equipment) remains our property.
Any equipment sold to you (Purchased Equipment) remains our property until you have paid for it in full. Loss or damage to the Purchased Equipment is at your risk upon delivery of the Purchased Equipment to you.
In the event equipment requiring a return / replacement you must return via a registered method. DeVoteD takes NO responsibility for loss or damage to items being returned without such registered shipment method.
7. Customer Service Guarantee
The Customer Service Guarantee Standard (CSG) sets out minimum performance standards in relation to the supply of a Standard Telephone Service. It is a condition of providing our UNI-V Standard Telephone Services that you waive your entitlements under the CSG.
For more information about the CSG, see the Australian Communication and Media Authority’s website at www.acma.gov.au
8. Limitation, Suspension, Disconnection and Cancellation of the Services
The term of the SFOA continues until you choose to cancel the Services or we exercise our right to limit, suspend or cancel the Services.
If your contract has expired or you have chosen a no contract option; you or DeVoteD may cancel a Service by giving 30 days’ notice.
If you cancel your service by giving us 30 days’ notice within a fixed term contract you may be liable to pay an early termination fee.
DeVoteD will not cancel your service within a fixed term contract unless in accordance with the below circumstances:
DeVoteD may limit, suspend, disconnect or cancel the Services with no notice period in a number of circumstances including where:
You are still required to pay any Fees incurred before the limitation, suspension, cancellation or disconnection of the Services and, you may be liable to pay a disconnection fee and/or reconnection fee.
9. Early Termination Fee
If the Service is cancelled before the end of a Fixed Term, you may be liable to pay an early termination fee in accordance with the Schedule of Fees and Charges for the relevant Service. You will not be liable to pay an early termination fee where you are entitled to cancel the Service for DeVoteD's material breach of the agreement or a variation to the agreement which causes more than a minor detriment to you.
10. Transfer of the Services
If you want to transfer any of the Services to another supplier, you will remain liable to DeVoteD for any Fees due up until the date of transfer for the supply of the Services and any fees relating to termination of your DeVoteD Services (To cancel a service you are require to give 30 days notice). Any unpaid amount must be paid in full within 7 days of our invoice for such Fees.
You indemnify DeVoteD against your use of the Services to transmit or publish any material which is defamatory, or any material in breach of copyright or any obligations of confidentiality, or otherwise in breach of any law. You indemnify DeVoteD against any claims made by another Supplier or person in relation to amounts you owe to that Supplier or person.
DeVoteD does not warrant that the Services will be free of interruption, delays or faults of any kind. DeVoteD provides the Services to you subject only to the terms, conditions and warranties contained in the SFOA and those which are implied by law and cannot be excluded. For example, if the service we supply to you is of a kind ordinarily acquired for personal, domestic or household use then the Consumer Guarantees apply and it will be implied by law that:
13. Personal Information
You agree to DeVoteD collecting, using and disclosing your personal information for the purpose of managing your account and as necessary to fulfil our obligations under the SFOA in connection with the supply of the Services to you (including disclosing your personal information to our Suppliers, agents, credit reporting agencies and contractors).
You must inform us of any changes to your personal information and supply true and correct information.
If you require commercial or consumer credit, you also agree that we may use your personal information for the purposes of obtaining a credit report which will help us to assess your application for credit and also to assist us to collect any overdue payments. We will only disclose credit information to a credit reporting agency or other credit providers for those specific purposes set out in the General Terms.
14. Complaint Handling
DeVoteD aims to investigate and resolve your complaints about the Services quickly and effectively. If you have a complaint, please contact DeVoteD on 1300 728 884.
If you remain unsatisfied by DeVoteD's handling of your complaint or the outcome, you can take your complaint to the Telecommunications Industry Ombudsman (TIO). The TIO is authorised to investigate certain complaints by residential and small business users of telecommunications and Internet services. For further information, see the TIO’s website at www.tio.com.au.
The Consumer Affairs or Fair Trading body in your State or Territory may also investigate consumer complaints.
15. Further Information
For a free copy or further information about the SFOA, this Summary, Services, Fees or any information contained in this Summary, contact DeVoteD at:
PO Box 253 Salisbury South, South Australia 5106
Phone: 1300 728 884 www.devoted.com.au