Last Modified: 28th of February, 2023
An agreement is formed when you apply to acquire a service from us and we accept your application. The application may be made over the phone, or by completing an online ordering process or a physical order form. You warrant that you are over 18 years of age and legally entitled to enter into the agreement.
The agreement will be made up of:
If there is an inconsistency between any part of the agreement, the inconsistency will be resolved according to the following order of priority:
By using our Service, you acknowledge that you have read and agree to these Terms of Service. If you have any questions or concerns about this Agreement, please contact us.
Period of the Agreement
This Agreement shall remain in effect until the Service is terminated by either you or Ripple Networks.
We may change the agreement in the following circumstances:
We may withdraw any plans/packages at any time by giving you notice but such withdrawals will only take effect from the end of your then current fixed-period contract.
Changes to these standard terms or a service description will be made available online and you are encouraged to check our website regularly.
If we change the agreement under clause 3.1(f), you may cancel the agreement within 42 days of the date of the notice without incurring charges, other than usage or network access charges to the date the agreement ends and outstanding amounts for installation or for equipment with other suppliers' services.
Your ongoing use of the service after the date of a variation, alteration, replacement or revocation or on the expiry of the 42 day period, is deemed acceptance of the variation, alteration, replacement or revocation.
You warrant that information provided to us in the application is true and correct in all material respects and you acknowledge that we will rely on it. You agree that, if you give us incorrect information during an application which is then relied upon and used by a third party carrier for the provision or attempted provision of a service, you will be liable for a resubmission payment to us.
An application for Service may be refused by us in the following circumstances:
By applying for a service, you authorise us to communicate with credit referencing bodies/associations about your credit history and in so doing to provide them with the details that you have provided to us. We may do this from time to time during the term of the agreement.
We may apply restrictions to a service where you have not met our credit assessment criteria. We will advise you of the general nature of the reasons for these restrictions and, if applicable, how you may access services which have been restricted.
We may pay commission to a dealer or agent acting on our behalf who is involved in your application process.
By using our Service, you acknowledge that you have read and agree to these Terms of Service. If you have any questions or concerns about this Agreement, please contact us.
As part of your application and in connection with the provision of service to you, we may obtain from you private information about you.
Ripple Networks is required by law to collect certain Personal Information about you, including your name, address and telephone service number to provide it to the operator of the Independent Public Numbering Database (IPND). Information in the IPND is used to develop directories and to assist emergency service organizations.
We use our best endeavours to comply with a privacy policy which is available on our website or by contacting us. This policy governs the information we collect on you, how we use it and your rights to access it. You consent to us to collect and disclose your personal information including any unlisted telephone number and address from or to:
From time to time we will update you on our services, news, promotions and offers including those from related or affiliated organizations. You consent to us contacting you at any time (including after you have terminated the agreement), for this purpose through any available contact methods. You can withdraw your consent at any time by contacting us.
The minimum contract period is the minimum fixed period during which you must acquire the service. The minimum contract period may be specified in your application or in the plan. The minimum contract period commences when the service is activated.
If, during the minimum contract period, you cancel the service or we cancel the service because of your default, you may be liable to pay an early termination charge which is either set out in the plan brochure or in the service description.
Once the Minimum Contract Period is over, your service will continue to renew automatically, and you will continue to be charged for the service, until such time as you or we cancel the service by giving 30 days notice.
You acknowledge that charges will be incurred when the service is used. It is therefore important that you take steps to ensure that such usage does not occur without your authorization. You should ensure that you are in control of devices that might make use of your services, such as computers, handsets, mobile phones, and wireless devices connected to your service and that third parties cannot access or use such equipment without your authority. You acknowledge that usage of some services can occur because of an infection of your computer with a virus or due to other unauthorized third party intrusions. You should ensure that you have appropriate protection systems operating on your equipment to restrict or limit the possibility of unauthorized usage.
As we are not able to control access or usage of your handsets and other equipment, you are responsible for all usage charges in respect of the use of the service, whether or not such usage was authorized by you, unless the usage was caused by a mistake by us.
You are not permitted to authorize a third party to use your service without direct supervision and/or written authorization by us.
You acknowledge that we cannot be held responsible for any loss incurred by you because of faults and/or failures within a third party carrier's network infrastructure.
While we will use our best endeavors in providing the service, you use it at your own risk. Even if you lose some equipment or permit another person to use your service, you are solely responsible for its use including:
The service is provided to you on the basis that it is used only for approved purposes. In particular you must:
You must not use the service in a way which contravenes any fair use policy, acceptable use policy or fair go policy that applies to the service.
We may suspend or terminate, with or without notice, your service if, in Ripple Networks' reasonable opinion, the service has been directly or indirectly involved in activities that are detrimental to our internet service or jeopardize the use of our service or its performance for other customers or how the wider community will perceive Ripple Networks. Such activities include, but are not limited to:
If your use of the service results in loss to other users or us, you may be liable to pay compensation.
You must not resell or provide the service to any other person or entity unless we have expressly agreed to such resale or provision in writing. This includes providing the service to any other person or entity for a fee, reward or other consideration.
You acknowledge that we may use third party suppliers to provide parts of the service. You consent to us disclosing your private information to these third party suppliers if this is necessary for the supplier to supply their services to us. You also acknowledge that these third party suppliers may have their own terms and conditions that apply to their services and that you must comply with these terms and conditions if you wish to use their services.
You acknowledge that we may be required to cooperate with the authorities in the investigation of illegal activities and we may do so without notice to you.
If you breach any of these conditions or if there is any other reason we are entitled to do so, we may immediately suspend or terminate the service to you by notice in writing to your nominated billing address or by email or by telephone. In such cases you must pay all outstanding charges up to the date of termination together with an early termination charge if applicable.
We may terminate this agreement and any service(s) without notice if we are required to do so by any law or regulation in any relevant jurisdiction. If we terminate the service(s) for this reason, we will refund any unused portion of any fees or charges paid by you. We will not be liable to you for any loss or damages you may suffer as a result of the termination.
If you cancel your service before the end of any minimum contract period or any agreed contract period, you will be liable to pay an early termination charge as specified in the service description or the plan brochure. This early termination charge is required to compensate us for the costs we incur when you cancel the service early.
You must advise us immediately of any change of your name or address or other information relevant to your use of the service.
You agree that you are solely responsible for ensuring that your use of the service complies with all applicable laws and regulations.
We may at any time amend these terms and conditions, including our acceptable use policy, by publishing the amended terms and conditions or acceptable use policy on our website. The amended terms and conditions or acceptable use policy will take effect immediately upon being published on our website.
We reserve the right to amend any plans, packages, rates or charges at any time by giving you notice in writing or by email or by publishing the amended plans, packages, rates or charges on our website. The amended plans, packages, rates or charges will take effect immediately upon being published on our website.
You may only use the service for your own personal or commercial use and must not resell or provide the service to any other person or entity unless we have expressly agreed to such resale or provision in writing.
This section applies if you acquire a telephone or other service number.
If you do not already have a phone number for your phone for use with the service, we will issue you a phone number.
All phone numbers are selected, issued and used by us in accordance with ACMA's Numbering Plan and Telecommunications Numbering Plan Number Declarations (numbering regulations).
We may be required to recover or recover and replace a phone number we have issued to you in order for us to comply with the numbering regulations. We will give you as much notice as is reasonably practicable if we have to do this.
You may request a new phone number. If we agree to issue you a new phone number, you may have to pay a charge.
If you need a new phone number because you have received calls of a harassing nature and you reported the matter to the relevant law enforcement agency, we will supply you with a new phone number free of charge on the first two occasions. You will have to pay a charge for any further phone number changes.
You do not own the phone number but your right to use the phone number starts when we issue the phone number to you. Your right to use the phone number ends if you no longer obtain the service unless you port the phone number.
You may transfer your service number to another carrier or service provider. If you do so you acknowledge and understand that:
We are not liable to you for any expense or loss incurred by you due to:
If your service is disconnected or transferred from us you must pay us all outstanding amounts under the agreement. Once we have received payment, we will refund to you any amount(s), which we may still hold. If we are unable to refund monies owed within 12 months of your disconnection, we will retain the funds, which you agree to forfeit to us.
You agree that the IP Address(es) issued to you for use in connection with a service are only issued to you for use during the term of your acquisition of the service. On termination of the service, your right to use the IP Address(es) ceases.
Ripple Networks is responsible for all DNS delegation and routing in connection with the service. If you require any additional IP addresses or other resources, you must request them in writing from Ripple Networks and we will determine, in our sole discretion, whether to provide them to you. Any additional IP addresses or other resources provided to you will be subject to the terms and conditions of this agreement.
You must not use any IP addresses or other resources provided to you by Ripple Networks for any unlawful or malicious purposes, including but not limited to spamming, phishing, hacking, or any other activity that could harm our network or other customers. You must also comply with all applicable laws and regulations regarding the use of IP addresses and other resources.
Ripple Networks reserves the right to reclaim any IP addresses or other resources provided to you if we determine, in our sole discretion, that you are using them in violation of this agreement or any applicable laws and regulations. If we reclaim any IP addresses or other resources, you must immediately cease using them and return them to Ripple Networks.
You agree to pay all charges associated with your use of our Service, including any applicable taxes. We may suspend or terminate your Service if your account is past due.
If your fixed period contract has expired or you are on a month-to-month contract, you or we may disconnect the service and cancel the agreement at any time by giving 30 days notice.
If you fail to comply with what we consider to be an important term or condition of this agreement or should you fail to comply with a number of less important terms and conditions then we can suspend or disconnect your service or reroute calls from your service. We will generally provide you with notice of your failure and allow you a reasonable time to remedy it. However, we may suspend or disconnect your service without notice to you where:
In the following additional circumstances we may suspend or disconnect your service(s) or reroute calls from your service(s) but we will provide you with reasonable notice prior to doing so:
Where one or more services included in a bundled offer(s) are disconnected, entitlement to any discounts under such offers may be forfeited.
While your service is suspended or disconnected, we will continue to charge you any applicable fees and charges. We will only do so where the suspension or disconnection is due to your failure to comply with your obligations under this agreement or is performed at your request.
Where we disconnect your service prior to the expiration of the minimum term of your plan you will be liable for any outstanding fees and charges, including the remaining access fees on your plan plus a plan cancellation fee if applicable. We will only charge a plan cancellation fee in circumstances where you have failed to comply with an important term or condition of our agreement.
We are not liable to you or any person(s) claiming through you for any loss or damage arising from suspension or disconnection of your service in accordance with this clause.
We shall not be liable for any delay or failure in the performance of our obligations under this Agreement if the delay or failure is due to circumstances beyond our reasonable control, including, but not limited to, acts of God, war, riot, fire, flood, or other natural disasters.
This section applies if you have arranged to pay Ripple Networks by providing a Direct Debit Request.
Your Direct Debit Request
As recipient of a Direct Debit Facility (DDF) from you, we will:
As the provider of DDF, you:
In the event that a payment due to us is dishonored or reversed, we may charge you a dishonor fee to cover the costs we incur as a result of the dishonor or reversal. We reserve the right to debit this fee from your account using the Direct Debit Request.
If you wish to dispute a charge or if you believe that a charge has been made in error, you must notify us within 30 days of the disputed charge appearing on your bank statement. Failure to notify us within this timeframe will result in the disputed charge being deemed correct.
We reserve the right to suspend or cancel your Direct Debit Request at any time, at our sole discretion, by giving you notice in writing. If we cancel your Direct Debit Request, you must arrange an alternative payment method for any outstanding fees and charges.
We may amend these Bank Account Direct Debit Terms at any time by giving you notice in writing or by publishing the amended terms on our website. The amended terms will take effect immediately upon being published on our website.
You acknowledge and agree that you are solely responsible for ensuring that there are sufficient clear funds available in your account to cover the payments due to us under the Direct Debit Request. If there are insufficient funds in your account to cover a payment, you may be charged additional fees by your bank or financial institution.
We are not liable to you for any loss or damage you may suffer as a result of us exercising our rights under these Bank Account Direct Debit Terms, or as a result of any error, mistake or delay on our part or on the part of any financial institution involved in the Direct Debit Request.
These Bank Account Direct Debit Terms are governed by the laws of the jurisdiction in which you acquire the service, and you submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
You may not assign, transfer or novate this agreement or any of your rights or obligations under this agreement without our prior written consent.
We may assign or novate this agreement or any of our rights or obligations under this agreement to any person approved by us under our assessment policies, by providing written notice to you. The transfer or novation will take effect when the relevant document is signed.
If we transfer or novate this agreement or any of our rights or obligations to a third party, you acknowledge and agree that the third party will be entitled to all of our rights and benefits under this agreement and we will be released from our obligations under this agreement.
You agree to do all things necessary, including executing any documents, to give effect to any assignment or novation under this clause.
Terms used within this agreement have the following meaning unless the context suggests otherwise.
"ACMA" means the Australian Communications and Media Authority.
"Agreement" means the agreement for the provision of the services between us comprising the items outlined in clause 1.2 of these standard terms.
"Air limit" means a usage threshold we may impose on use of your mobile service.
"Available service" area means locations in which the service network is capable of providing service. Information on coverage areas is available by contacting us or visiting our website.
"Billing period" means the period in which you are billed by us for service. You will have 12 billing periods per year unless we agree otherwise.
"Billing run" means the process of producing a bill for you. Each billing run corresponds to a billing period.
"Carrier" means a Telecommunications carrier licensed under the Telecommunications Act 1997.
"Contact method" means mail, SMS, MMS, email or telephone.
"Credit assessment policies" means those rules we use to determine whether we wish to accept or decline to provide or continue to provide you with the service. These policies may change from time to time without notice to you. Under these policies you must: be at least 18 years of age; be capable of entering into a legal contract; be alive; not be insolvent or bankrupt or subject to any proceedings to make you insolvent or bankrupt; where you are in a partnership, the partnership must not have been dissolved; where you are a company neither you nor any of your assets may have been assumed under the terms of a debt security instrument or under court order or otherwise appointed.
"Credit limit" means a limit we may place on your use of a service or on amounts you owe us at a point in time.
"Current supplier" means a carrier or telecommunications service provider who supplied telecommunications to you at the time of signing the agreement.
"Customer care policies" means the policies, procedures, terms and conditions under which we provide services. Our customer care policies are updated from time to time and are available on our website or by contacting us.
"Customer service guarantee" means the current minimum performance standard set by the ACMA under sections 115, 117 and 120 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
"Direct debit date" means the date, on or after the due date, on which we will automatically debit your direct debit facility for amounts due.
"Direct debit facility" means the debit account or credit/charge account nominated by you for the debiting of your fees and charges.
"Due date" means the date the amount shown on your tax invoice is due to be paid to us. The due date is not less than 14 days after the tax invoice date.
"Enhanced services" means the services we provide that are designated by us as enhanced services. Our website and plan brochures will detail which services we have designated as enhanced services.
"Equipment" means the item(s) required or otherwise used in conjunction with your service such as mobile phones, fixed lines phones, personal computers, software and modems purchased from us or otherwise.
"Factsheets" means detailed information made available on our website or otherwise.
"Fees and charges" means fees and charges payable by you under your plan and under this agreement including any amounts of applicable GST.
"Fixed line service" means the standard telephone service comprising connection to the public switched telephone network plus any other service(s) offered by us including any enhanced services.
"Fixed period contracts" are entered into where you commit to a minimum period for which you will acquire the service and may be set out in the plan brochure but do not include month to month contracts.
"GST" means the tax imposed by A New Tax System (Goods and Services Tax Imposition General) Act 1999 and any regulations thereto or such other Act and regulations of equivalent effect.
We are committed to providing high-quality service and products to our customers. If you have a complaint, we encourage you to bring it to our attention. We take all complaints seriously and will work with you to resolve any issues as quickly and fairly as possible.
If you have a complaint, please contact us using one of the contact methods detailed in our customer care policies. We will acknowledge your complaint within 2 business days and aim to resolve it within 15 business days of receiving your complaint.
If we are unable to resolve your complaint within 15 business days, we will inform you of the reason for the delay and the expected timeframe for resolution.
If you are not satisfied with the outcome of your complaint, you can contact the Telecommunications Industry Ombudsman (TIO) for independent dispute resolution. The TIO is a free and independent service for resolving disputes between telecommunications companies and their customers. Contact details for the TIO are available on our website or by contacting us.
We will keep a record of your complaint, including the nature of the complaint, the steps taken to resolve it, and the outcome. This information will be used to improve our products and services and our customer service processes.
By using our Service, you acknowledge that you have read and agree to these Terms of Service. If you have any questions or concerns about this Agreement, please contact us.