Kookaburra Comms - Terms and Conditions

1. Introduction

These Terms and Conditions govern the provision of services by Kookaburra Comms Pty Ltd ("we", "us", "our") to the customer ("you", "your"). By engaging our services, you agree to these terms. These Terms comply with Australian Consumer Law (ACL), ACMA regulations, and Communications Alliance standards.

2. Services Provided

Kookaburra Comms provides remote programming, on-site support, Ubiquiti network services, 8x8 cloud communication systems, NBN, Fibre Internet services, 5G Internet services, and other related services as outlined in our Service Agreements. We offer service agreements with discounted rates, response times, and additional service benefits.

3. Pricing and Payments

3.1 Standard Rates: Our standard rates are $160 ex GST for the first hour and $120 ex GST for each additional hour for on-site services, and $60 ex GST per half-hour for remote programming.
3.2 Service Agreement Rates: Service Agreement customers receive reduced rates as per the Service Agreement terms.
3.3 After-Hours Rates: Services provided outside business hours are subject to after-hours rates, with a minimum 4-hour charge.
3.4 Payment Terms: Payment is due within 7 days of invoicing unless otherwise agreed in writing. Failure to pay within the agreed time may result in suspension of services.
3.5 GST: All prices are exclusive of GST unless stated otherwise. GST will be applied where applicable.

4. Accepted Quotes

4.1 Quote Validity: All quotes provided by Kookaburra Comms are valid for a period of 30 days unless otherwise specified.
4.2 Acceptance: A quote is deemed accepted when you provide written confirmation (via email or signed document) indicating your agreement to the terms outlined in the quote. Once accepted, the quote becomes binding, and the terms of the quote will govern the project or service.
4.3 Changes to Accepted Quotes: Any changes to an accepted quote must be agreed upon in writing by both parties and may affect the pricing or timeline.
4.4 Payments for Accepted Quotes: Payment terms for accepted quotes will follow the terms outlined in the quote or be invoiced according to Section 3 of these Terms and Conditions, unless otherwise agreed in writing.
4.5 Cancellation of Accepted Quotes: Once a quote is accepted, cancellation may be subject to fees for any work already completed or expenses incurred by Kookaburra Comms.
4.6 Cooling-Off Period: If the accepted quote is related to NBN, Fibre, 5G, or 8x8 services, the 10 business day cooling-off period will apply, as outlined in Section 4.4.

5. Service Agreements

5.1 Inclusions: Service Agreements include a specified number of remote programming hours, discounted call-out rates, priority response times, and software updates.
5.2 Additional Services: Services beyond the scope of the agreement will be billed at the agreed-upon rates.
5.3 Termination: Either party may terminate the Service Agreement with 30 days' written notice. No refunds will be provided for unused hours or services.
5.4 Cooling-Off Period:
    5.4.1 Eligibility: For contracts related to NBN, Fibre, 5G, and 8x8 services, customers are entitled to a cooling-off period as mandated by Australian Consumer Law.
    5.4.2 Duration: The cooling-off period lasts for 10 business days from the date of signing the contract.
    5.4.3 Exercise: To exercise the cooling-off right, you must provide written notice to us within the cooling-off period.
    5.4.4 Refunds: Upon receiving your notice, we will refund any payments made, excluding any non-refundable deposits or setup fees, within 14 days.
    5.4.5 Exclusions: Certain services or circumstances may exclude the cooling-off period as per ACL. Please refer to your specific Service Agreement for details.

6. Warranties and Consumer Guarantees

6.1 Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies the guarantees, rights, and remedies you may have under the ACL.
6.2 Service Quality: We warrant that our services will be provided with due care and skill, and any goods supplied will be of acceptable quality as required by the ACL.
6.3 Liability: Our liability is limited to the resupply of services or the cost of having the services supplied again, in accordance with ACL. This limitation does not apply to any liability that cannot be limited or excluded by law.

7. Limitations of Liability

7.1 Indirect Damages: We are not liable for indirect, incidental, or consequential damages, including but not limited to loss of revenue, profits, or business opportunities.
7.2 Total Liability: Our total liability for any claim related to the services provided is limited to the amount paid by you for those services.

8. Service Availability and Response Times

8.1 Business Hours: Our standard business hours are 8:00 am to 5:00 pm, Monday to Friday, excluding Victorian public holidays.
8.2 Response Times: Service Agreement customers will receive priority response within 8 hours for critical issues. We do not guarantee immediate availability but will make reasonable efforts to respond within the agreed timeframe.
8.3 Force Majeure: We are not responsible for delays or failures in service due to circumstances beyond our control (e.g., natural disasters, strikes, or network outages).

9. Customer Obligations

9.1 Access to Premises: You must provide us with safe access to your premises when on-site services are required.
9.2 Compliance: You agree to comply with all reasonable requests from our technicians and provide accurate and complete information to assist in the delivery of our services.

10. Intellectual Property

Any intellectual property, including software updates or configurations provided as part of our services, remains our property or that of our licensors. You are granted a non-exclusive, non-transferable license to use any software provided solely for the purpose of receiving our services.

11. Termination of Services

We may terminate our services if you breach any term of this agreement, fail to make payments, or act in a way that hinders our ability to provide the services.

12. Dispute Resolution

Any disputes related to these Terms and Conditions must first be addressed through good faith negotiations. If the dispute cannot be resolved, either party may seek mediation or legal remedy as allowed under Australian law.

13. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any legal proceedings must be commenced in the courts of Victoria.

14. Compliance with ACMA and Communications Alliance

14.1 Regulatory Compliance: We comply with all relevant regulations and standards set forth by the Australian Communications and Media Authority (ACMA) and the Communications Alliance.
14.2 Privacy and Data Protection: We adhere to the Privacy Act 1988 and ensure that all personal and business data is handled in accordance with ACMA guidelines and Communications Alliance best practices.
14.3 Telecommunications Standards: All telecommunications services provided by us, including NBN, Fibre, 5G, and 8x8, meet the technical and operational standards required by ACMA and the Communications Alliance.
14.4 Consumer Protection: We uphold the consumer protection standards mandated by ACMA and the Communications Alliance, ensuring fair treatment, transparent communication, and resolution of complaints in a timely manner.
14.5 Reporting Obligations: We maintain all necessary reporting and compliance documentation as required by ACMA and the Communications Alliance and make such information available upon request.

15. Cooling-Off Period for Specific Services

15.1 Applicability: The cooling-off period outlined in Section 5.4 applies specifically to contracts for NBN, Fibre, 5G, and 8x8 services.
15.2 Rights During Cooling-Off: During the cooling-off period, you have the right to cancel the contract without penalty, provided the cancellation is communicated within the specified timeframe.
15.3 Procedure for Cancellation: To cancel, please contact our Customer Service team via email at service@kookaburracoms.com.au or call us at 03 9008 4199. Include your contract details and reason for cancellation.
15.4 Effect of Cancellation: Upon cancellation within the cooling-off period, we will cease providing the services, and any prepaid amounts will be refunded as per Section 5.4.4.