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IMPORTANT CUSTOMER INFORMATION: YOUR RIGHTS AND OBLIGATIONS Summary of Buzz Broadband’s full Standard Form of Agreement This is a summary of the Standard Form of Agreement which you have with Buzz Broadband Pty Limited (ACN 109 116 716) in terms of which Buzz Broadband (BB) provides its BuzzPhone service. This summary is designed to give you an overview of the Standard Terms and Conditions (ST’s&C’s). It does not change the legal effect of the ST’s&C’s. A copy of the ST’s&C’s together with any updated version of the summary is available at any of BB’s offices or on BuzzPhone’s website http://www.buzzphone.com.au. The ST’s&C’s contain full details of the Service and the terms and conditions on which the Service will be supplied. Unless the contrary intention is evident, terms used in this summary have the same meaning as in the ST’s&C’s. 1. The Service 1.1 Service Description (a) The Service is a telephony service that utilises “voice over internet protocol”, which is available to residential and business customers who connect the Equipment to BB's Network or who connect the Equipment to any suitable broadband network. The Service will enable you to make and receive: (a) local calls to and from other persons who are directly connected to the BB Network or any fixed network; (b) calls to and from persons located outside of the local calling area within Australia who are directly connected to fixed exchanges of other Suppliers; (c) international calls to and from persons anywhere in the world who are directly connected to fixed networks of other Suppliers; and (d) calls to and from mobile telephones anywhere in the world, subject to interconnection arrangements between the BB Network and any other Supplier's Network with which the relevant called or calling number is associated. The Service may only be accessed and used through the installation of the Equipment, which Equipment may be supplied by BB on the terms and conditions set out in the Standard Terms and Conditions (ST’s&C’s). 1.2 Excluded Services (a) The Service does not include or encompass the provision of any priority services, or services for persons with special needs or interests. (b) The Service relies on a supply of electricity and may not enable you to connect to Emergency Services (e.g. police, ambulance, fire brigade) if that supply of electricity fails. Therefore the Service is not a full replacement or substitute for a standard telephone service and should not be used, as a first choice, to make an emergency call. (c) The Service excludes the ability to make calls to, or receive calls from 19XX telephone numbers (d) The Service excludes any dial-up or broadband internet service or any other service that BB may provide to you. 1.3 Local Number Portability (LNP) You acknowledge and agree that BB may not be able to provide LNP for existing numbers which you use for telecommunication services and cannot port any Number issued to you or ported from another Service Provider to any other Service Provider. 2. Service availability, quality 2.1 General acknowledgment BB does not guarantee that the Service will be available or that capacity will be available at all times to make and receive calls, or that the Service will be free from faults or errors. BB will provide the Service using all the reasonable care and skill of a competent Carrier. 2.2 Reliance on other networks The Service may rely upon the operation of telecommunications networks, equipment, facilities and/or cabling controlled by a Supplier. BB is unable to guarantee the operation of those Supplier Networks or services and BB will not be responsible, or liable to you, for failures of those Supplier Networks or services. 2.3 Fault reporting BB will provide a fault reporting service between 07h00 (7a.m.) and 22h00 (10p.m.) on any day that is not a Saturday, Sunday or public holiday in Queensland (a Business Day). Where BB determines that there is a fault within the BB Network, it is responsible for correcting that fault. BB is not responsible for correcting any other faults. 2.4 Maintenance BB may conduct maintenance on and of the network and infrastructure through which the Service is provided. BB will try to conduct maintenance outside the hours of 09h00 (9am) to 17h00 (5pm) on a Business Day, but this may not always be possible. 2.5 Acknowledgement Except for any warranties implied by law which cannot be legally excluded, BB does not warrant, and has not represented, that the Service is or will be free of errors, defects or interruptions, or that it will be available at all times. You will only use the Service for the making of voice calls and not for the transmission of data (such as fax or dial-up internet connections) unless the Equipment is provisioned for that purpose. 3. Accessing the Service 3.1 Prerequisites to connection To access the Service you must have a telephone handset and an RJ-45 terminated Category 5 cable presenting a broadband internet connection to the Equipment being a compatible Analogue Telephone Adaptor (ATA). 3.2 Electricity The operation of the Equipment required to access the Service relies on a supply of electricity. If the electricity supply fails the Equipment required to access the Service will not work. If your supply of electricity fails, you will not be able to use the Equipment to access the Service or to connect to any Emergency Services. 4. Customer Service Guarantee In consideration of the innovative nature of the BB network and the substantial cost savings realised by you in utilising the BB Service, you agree to unconditionally waive your rights in terms of the Customer Service Guarantee in respect of the Service. 5. Service Charges, Equipment Charges and Call Charges Service Charges consist of the charges associated with connection to the BB Network. Equipment Charges consist of charges associated with the use of the Equipment and Call Charges are charges levied for making calls. 5.1 Obligation to pay You will pay to BB all of the Service Charges, Equipment Charges and Call Charges. 6. Invoicing and payment 6.1 Invoices BB may invoice you for Service Charges and Equipment Charges monthly in advance, on a monthly invoice sent to you (which may be the same monthly invoice sent to you in relation to the provision of a dial-up or broadband internet service or any other service supplied by BB to you. BB may invoice you on the same invoice for Call Charges monthly in arrears. The frequency of invoices may be varied at any time without notifying you. Interim invoices in respect of unusual Service Charges, Equipment Charges or Call Charges may also be issued. 6.2 Electronic Invoicing Invoices may be issued to you by mail to your address or electronically by way of a link to a website or to an e-mail address of which you have notified BB. 6.3 Payment Each invoice will be due on, and must be paid by, the due date specified in that invoice. Payment must be made by direct debit, or such other methods or modes of payment that are specified in an invoice. You will be required to give to BB authority to effect such direct debits or credit card charges necessary to effect payment of all charges. A late payment fee applies to late payments. In addition to the late payment fee, interest calculated at 2% per annum above the prime lending rate of BB’s principal bank from time to time calculated on the daily balance of the unpaid amount from the due date until that unpaid amount (including the late payment fee and accrued interest) is paid, is also payable. 6.4 Additional costs You are liable for any costs incurred as a result of your purported payment being dishonoured or cancelled or the collection of outstanding monies after their due date. 6.5 Cancelled, suspended or disconnected Service If the Service is cancelled, suspended or disconnected you remain liable for any charges incurred before the cancellation, suspension or disconnection of your Service. BB may reconnect the Service on your request if a serviceable Equipment remains, but reconnection is conditional on you paying to BB the reconnection fee specified in the ST’s&C’s and/or the Rate Card. 7. Deposit BB may, in its discretion, notify you that BB's acceptance of your Application is conditional on you paying a deposit (the amount of which will be specified) in advance. If BB so notifies you, you must within 7 days of the notice, pay the deposit. 8. Billing and other disputes 8.1 Requirements for commencing dispute procedure You may dispute an amount invoiced by providing BB with a request to review or investigate the invoice, provided that such request is made within 12 months of the date of the relevant invoice, your request is accompanied by specific evidence that demonstrates that a particular charge or an invoice is incorrect and if you are disputing specific charges, you have paid any undisputed portion of the invoice in which those Service Charges or Equipment Charges or Call Charges are specified. 8.2 Claims, proceedings You may only make a claim or commence proceedings alleging that any charge or invoice is incorrect, or that you are entitled to a refund, if you do so within 12 months of the date of the invoice, or the overpayment, as the case may be. 8.3 Other disputes In respect of disputes, other than those that relate to invoices, you may make a complaint by calling a customer service representative of BB. BB will process, investigate and action such complaint in accordance with its complaints procedure (a copy of which will be provided to you if you request it) from time to time. If your complaint is not resolved by BB to your satisfaction, you may refer it to the independent Telecommunications Industry Ombudsman who will deal with it at no charge. In addition you may have rights under the Trade Practices Act 1975 (Cth) and/or similar State or Territory legislation, in respect of the Service provided by BB. 9. Term You are required to subscribe to the Service for at least 1 month from the Service Commencement Date or, if you are required to provide a deposit, the date on which you are connected to the BB Network and have provided the deposit (Minimum Term). After the end of the Minimum Term, BB will continue to provide, and you will continue to acquire, the Service in accordance with the ST’s&C’s until it is terminated. 10. Termination 10.1 Customer's right to terminate You may terminate the ST’s&C’s at any time by giving BB 30 days' prior written notice or at any time by giving BB written notice if BB breaches a material term of the ST’s&C’s and that breach is not capable of remedy, or BB breaches a material term of the ST’s&C’s that is capable of remedy, but fails to do so within 30 days of receiving a notice from you specifying the nature of the breach and requesting that it be remedied. 10.2 BB's right to terminate BB may, on such notice as is required by Telecommunications Laws, terminate the ST’s and C’s with you and cease supplying the Service to you, if you fail to pay any Service Charges, Equipment Charges or Call Charges which are due by you under the ST’s&C’s or breach a term or condition of the ST’s&C’s and fail to remedy that breach to BB's satisfaction within 14 days of being notified of such breach or become the subject of an Insolvency Event. BB may terminate this Agreement by giving you no less than 14 days' prior written notice if: (a) any at any time prior to the Service Commencement Date, BB reasonably determines that it is not technically or operationally feasible or commercially viable to supply the Service to you; (b) BB is required to do so in order to comply with the requirements of any statute or regulation, the directions or any person acting with the authority of any statute or regulation or any emergency services organisation or any other competent authority; (c) BB is unable, or ceases to be able to interconnect the BB Network with any other Supplier Network; (d) a Supplier terminates its agreement with BB, or ceases to supply services to BB, and BB is not able to provide the Service in accordance with the Service Description; (e) the Service is suspended for any reason for more than 14 days; or (f) an event or occurrence outside the reasonable control of BB prevents the supply of the Service in accordance with the ST’s&C’s for more than 14 days. BB may terminate the ST’s&C’s at any time by giving you 30 days' prior written notice. 10.3 Suspension of Service by BB As an alternative to the termination, BB may in certain circumstances, on such notice as is required by Telecommunications Laws, suspend the provision of the Service. While the Service is suspended, you will continue to fulfil all of your obligations under the ST’s&C’s. 10.4 Suspension of the Service by you You may suspend your Service in increments of one month to a maximum of 6 months per calendar year. Application to BB must be made to suspend your service and be approved within 7 days of the suspension date and you must return such Equipment as requested by BB before the suspension commencement. Accounts that are overdue or subject to dispute cannot be suspended and invoices that are due during the suspension period will be settled in accordance with the ST’s&C’s. 10.5 Consequences of termination If the ST’s&C’s are terminated other than as a result of BB's breach of the ST’s&C’s: (a) before the Service Commencement Date, you must pay to BB any charges payable under the ST’s&C’s; or (b) you must pay all Service Charges, Equipment Charges and Call Charges until such time as the Service is deactivated or BB ceases to provide that Service to you, together with any other amounts due under the ST’s&C’s, within 10 Business Days of the date of that invoice. 11. Customer Information 11.1 Use and disclosure of Customer Information You authorise BB to acquire, use and disclose Customer Information to: (a) enable BB to fulfil its obligations under the ST’s&C’s; (b) enable BB to ensure that you perform your obligations under the ST’s&C’s; (c) a credit reporting agency to obtain credit information about you; and (d) collate marketing and research information relating to the supply of the Service to you. You consent to the collection, use and disclosure of Customer Information as set out in this section 11 and in accordance with BB's privacy policy from time to time. 11.2 CLI When a call is made using a Service, the CLI may automatically be sent to the telecommunications equipment of the person receiving the call and a call is received using a Service, the CLI of the calling party may be displayed or recorded by the Equipment, unless CLI is barred by the person making the call or you have requested that your Service be a Silent Line service. 11.3 Collection, Use, Disclosure BB may be required or permitted by law to collect, use or disclose personal information about you, including to the operator of the Integrated Public Number Database, or to law enforcement agencies. 11.4 Access If you are a natural person, you are entitled to access any Customer Information held by BB, unless BB is permitted or required by any applicable law to refuse such access. 12. Amendment of the ST’s&C’s Subject to the Telecommunications Act 1996, BB may amend, vary, remove or replace any provision(s) of the ST’s&C’s on not less than three Business Days written notice to you. BB may change the technical specifications of the Service at any time for operational or network planning reasons. It will endeavour, but is not required, to give you reasonable prior notice of such changes which may adversely impact upon your use of the Service. BB will send all correspondence regarding the Service by mail to the mailing address or electronically to the e-mail address of which you have notified BB.
I have read, understood and agree to the Summary Standard Form of Agreement.
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