Terms & Conditions

General Terms

Date of Last Revision: January 28, 2016

 

Our Agreement

1.1 What names and entities does this Agreement apply to?

This agreement relates to all brands and trademarks, such as lsl.global, that are controlled by Connekt.global Pty Ltd (Connekt).

1.2 When this Agreement applies

This Agreement is our standard form of agreement that sets out the terms on which we supply online marketing services to you. All other ancillary services provided in connection with Connekt are supplied under separate agreements with each separate entity. We assume no responsibility whatsoever for services or agreements you may have with other entities. We need to make reference to where within the application a tick can be placed for us to refer another business. You authorise us to refer you to other business from time to time that may be beneficial to you.

1.3 Documents associated to this Agreement

This Agreement relates to the following documents:

  • Your Application;
  • this General Terms document (and any Connekt policies referenced in these General Terms);
  • the CONNEKT Price Guide;
  • for the Warranty Statement that applies to any Connekt equipment you have chosen to receive; refer to clause 11.
  • Annexure A - Payment Methods and Conditions;
  • Annexure B - Website and App Terms of Use;
  • Annexure C - Statement of Rights and Responsibilities;
  • Annexure D - Connekt Pages Terms;
  • Annexure E - Connekt Self Serve Terms;
  • Connekt Privacy Policy;
  • Connekt Community Standards Policy;
  • Connekt Platform Policy;
  • Connekt Fair Use Policy;
  • Connekt Cookies Policy;
  • Connekt Brand Resources Policy;
  • Connekt Copyright Policy;
  • Connekt Complaint Handling Process Policy;
  • Connekt Financial Hardship Policy; and
  • Connekt Mass Service Disruption Policy.

The Connekt policies can be located on the Connekt website. We reserve the right to amend the policies from time to time due to changes in the law to meet operational requirements.

If there is an inconsistency between any of the terms of our Agreement, the terms of those documents higher in the above list prevail over those lower in the above list to the extent of the inconsistency.

If there is an inconsistency between any of the terms of this Agreement in connection with the services or agreements you may have with other entities, then the terms of this Agreement prevail to the extent of the inconsistency.

1.4 Current version of this Agreement

A copy of the current version of this Agreement is available on the Connekt Website. You can also obtain a copy of the current version of this Agreement by contacting us.

1.5 Contacting us

You can contact us by:

  • emailing us at This email address is being protected from spambots. You need JavaScript enabled to view it.; or
  • lodging an enquiry at www.connekt.global; or
  • writing to us at Suite 7, 48 School Road. Maroochydore. Qld. 4558.

If you need to give us a notice under this Agreement, you must do so by using one of the above methods (except where this Agreement requires you to give us a particular notice by a particular method, in which case you must do so by using that method).

We will promptly notify you of any changes to our contact details.

1.6 Contacting you

We can contact you by:

  • calling you on the telephone number you most recently provided to us; or
  • sending you an SMS on the mobile telephone number you most recently provided to us; or
  • emailing you at the email address you most recently provided to us; or
  • writing to you at the postal address you most recently provided to us; or
  • publishing a notice on the Connekt Website.

If we need to give you a notice under this Agreement, we will do so by using one (or a combination) of the above methods.

You must promptly notify us of any changes to your contact details.

1.7 Changes to this Agreement

We may change any term of this Agreement at any time and for any reason. We can do this without your permission, but you have certain rights if we do so.

If we change this Agreement and that change could not be reasonably expected to adversely affect you, we will notify you of that change within a reasonable period after we make it by publishing a notice on the Connekt Website or giving you notice using any of the other contact methods listed in clause 1.6.

If we change this Agreement and that change could be reasonably expected to adversely affect you, we will give you at least 21 days prior notice of that change by publishing a notice on the Connekt Website or giving you notice using any of the other contact methods listed in clause 1.6.

However, if any change is:

  • due to circumstances outside of our reasonable control such as changes in law (including changes to taxes or credit card fees); or
  • due to changes to agreements with our Suppliers (including new charges or increases to charges imposed on us); or
  • for security or protection of network integrity reasons,

then we will give you as much prior notice as is reasonably practicable in the circumstances, which may be less than 21 days.

If we change this Agreement and that change could be reasonably expected to adversely affect you (other than in a minor way or if due to a change in law), you may cancel any of your Services that are affected by that change in accordance with clause 2.1, provided that you notify us of your intention to do so within 42 days after we publish or you receive our notice regarding that change. If you cancel in this way, you won’t need to pay any Early Termination Fees that may otherwise be payable.

Examples of changes that may have a minor impact on you are small increases in charges and the withdrawal of minor service features.

 

Commencement and Termination

2.1 When this Agreement starts

This Agreement starts when we accept your Application that you submit to us, whether in writing, by phone or online.

2.2 How we assess your Application

After we receive your Application, we will decide whether to accept or reject it. We may undertake a credit assessment of you as part of this process.

We may reject your Application if:

  • you do not meet our eligibility;
  • you do not meet our credit criteria;
  • you have not provided satisfactory proof of your identity;
  • any of the Services you have applied to receive are not available at your Business; or
  • we cannot otherwise supply any of the Services you have applied to receive for commercial, operational or technical reasons.

We may also reject your Application on other reasonable grounds.

We will notify you of our decision to accept or reject your Application. If we reject your Application, we will also notify you of the nature of our reasons for doing so. This Agreement will automatically end after we have notified you of the nature of our reasons for rejecting your Application.

You must ensure that all information provided in your Application, including your telephone number, is correct and up to date. You will be liable for costs incurred by you as a result of providing incorrect information in your Application.

2.3 When we will start supplying your Services

We will use our best efforts to start supplying each of your Services within a reasonable period after we accept your Application.

We rely on our Suppliers to supply your Services and this may affect when we can start supplying them to you. Where you have chosen to receive two or more Services, we may start supplying them at different times.

2.4 Minimum Term

You agree to receive each of your Services for the Minimum Term that applies in respect of that Service as agreed in your Application, subject to any changes permitted under this Agreement.

2.5 When the Minimum Term starts

The Minimum Term for your Service starts when we accept your Application that you submit to us, whether in writing, by phone or online.

2.6 Ongoing Successive Terms

Your Agreement shall be automatically extended for ‘Ongoing Successive Terms’ on the basis of your current payment method for a further 12 month period. You must give written notice to us not less than 3 months before the conclusion of each term that you do not wish to further extend this Agreement.

2.7 Early Termination Fees

If, during the Minimum Term of a Service, you cancel that Service or we stop supplying that Service to you for a reason caused by you, you must pay the Early Termination Fee for that Service, unless this Agreement provides otherwise.

The maximum Early Termination Fee that applies in respect of each Service is set out in the Price Guide. The Early Termination Fee will be the maximum amount at the start of the Minimum Term for that Service. The Early Termination Fee decreases by equal instalments each month (pro-rated for part months, if required) that you remain on the Minimum Term for that Service.

You don’t need to pay the Early Termination Fee:

  • in the circumstances described in clause 1.7; or
  • if you are cancelling because:
    • we have told you that you are not able to move your Services to your new address;
    • we have breached this Agreement and haven’t remedied that breach within a reasonable period of time after you notified us of that breach;
    • we become bankrupt or insolvent; or
    • you are required to do so by law.

2.8 After the Minimum Term ends

After the Minimum Term of a Service ends, you agree that we will continue supplying that Service to you in accordance with this Agreement on a month-to-month basis until the agreement is terminated.

2.9 When we can temporarily restrict or suspend supply of your Services

We can temporarily restrict or suspend supply of any or all of your Services if:

  • you fail to pay your Tax Invoice by the Payment Date, except any disputed amount in your Tax Invoice where you have raised a Billing Dispute about that amount and it has not been resolved;
  • you otherwise breach this Agreement (including any term of any Connekt policy referenced in these General Terms) and don’t remedy that breach within a reasonable period of time after we notify you of that breach and the steps you must take to remedy that breach;
  • you die or become (or appear likely to become) bankrupt;
  • you, or we reasonably believe that you,:
    • pose an unacceptably high credit risk for us;
    • have been verbally or physically abusive, threatening or inappropriate, or have acted in a bullying or harassing way, in respect of our Personnel;
    • have made multiple complaints without a reasonable basis for doing so and you continue to make such complaints after we have made reasonable efforts to notify you to stop;
    • have engaged in unlawful or fraudulent conduct in connection with the supply of any of your Services; or
    • are causing or contributing to the existence of a risk or threat to the security or integrity of your Services, any other customer’s Connekt services, the Connekt Network or any Supplier Network;
    • it is necessary to do so to rectify any fault, perform any Connekt Network Maintenance or Supplier Network Maintenance or for any other operational or technical reason;
    • it is (or we reasonably believe it is likely to become) unlawful for us to supply any of your Services to you;
    • we are required to do so by law or to comply with (or to manage our compliance with) a notice, order, direction or request of a Regulator or emergency services organisation; or
    • we cannot supply any of your Services:
      • due to an emergency;
      • because we are unable to obtain supply of any goods or services from any of our Suppliers and this prevents or restricts us from supplying any of your Services to you in accordance with this Agreement; or
      • due to an event or circumstance beyond our reasonable control.

Before we restrict or suspend your services, we will use our best efforts to give you at least 5 business days prior notice of this proposed action, including the reason why we are taking this action, the impacts of this action on you and (if applicable) the steps you need to take for us to stop the restriction or suspension. Otherwise, if permitted by law, we will notify you as soon as reasonably practicable after the start of the restriction or suspension.

If you don’t agree with the reason why we have restricted or suspended any of your Services, you can notify us and we will review that decision and notify you of the outcome of that review. If we don’t complete the review at the time of your request, we will notify you when we expect to have done so.

We will lift the restriction or suspension as soon as possible after the reason for the restriction or suspension no longer applies and (if applicable) you have taken the steps described in our notice.

We can, at any time, change a restriction to a suspension (and vice versa) by notifying you.

2.10 When we can cancel your Service

At any time, including during the Minimum Term of a Service, we can cancel and stop supplying a Service to you if:

  • we have suspended or restricted supply of that Service in accordance with clause 2.9 for a reason caused by you and you have not taken the steps described in our notice within a reasonable period of time, by giving you at least 5 business days notice; or
  • we have suspended or restricted supply of that Service in accordance with clause 2.9 for more than 15 continuous days (regardless of the reason for the suspension or restriction), by giving you at least 15 days notice; or
  • we are required to do so by law or to comply with (or to manage our compliance with) a notice, order, direction or request of a Regulator or emergency services organisation, immediately without notice.
  • we have a right to cancel that Service.

After the Minimum Term for a Service has ended, we can also cancel and stop supplying that Service to you by giving you at least 30 days notice.

2.11 How you can cancel your Service

You can cancel any or all of your Services by notifying us, in which case:

  • we will stop supplying each cancelled Service immediately after the end of the Tax Invoice Period in which you made your request to cancel;
  • you will be liable to pay all fees for each cancelled Service up to (and including) the date on which we stop supplying that cancelled Service; and
  • you may have to pay the Early Termination Fee for each cancelled Service in accordance with clause 2.7.

2.12 After we stop supplying all of your Services

After we stop supplying all of your Services, we will calculate the amount of your outstanding fees or credit on your Account, including Early Termination Fees (if applicable).

If you owe us any outstanding fees and have been paying by Scheduled Direct Debit, you authorise us to deduct that amount from your nominated bank, credit union or credit card account. Otherwise, we will issue you a Tax Invoice for that amount and you must pay that Tax Invoice within 14 days after receiving it.

If you have credit on your Account, we will refund that amount to you after we have calculated and deducted all outstanding fees on your Account. If requested by us, you must promptly cease promoting that you are a LSL Business or any comment relating to the supply of your Services, and comply with any of our instructions in this regard.

2.13 When this Agreement ends

This Agreement will end immediately after:

  • we have stopped supplying all of your Services; and
  • you have paid us all of your outstanding fees for all of your Services or we have refunded you any credit in relation to your Services.

If this Agreement ends for any reason, we may delete all of your data from any storage media. You are responsible for backing up your data.

 

Setting up and receiving your Service

3.1 Service delivery options

Service begins with a profile being created on the Connekt Website and/or App.

You can choose to:

  • provide the content and artwork for your profile;
  • or choose to upgrade to have your profile created professionally.

Initially Connekt personnel will assist with providing a default profile for your business; however this will need to be updated to enhance your image and the profile you wish to be portrayed.

If you choose to upgrade to have your profile professionally created, you will be referred to a professional to provide this service to you separate to the Services we are providing to you.

We will not be responsible for any loss of income or profit due to an inaccurate or poorly presented profile.

3.2 Approvals, authorisations, consents and permissions

You are responsible for obtaining all approvals, authorisations, consents and permissions that may be necessary for:

  • you to receive your Services and exercise your rights and perform your obligations under this Agreement;
  • us to supply your Services and exercise our rights and perform our obligations under this Agreement; and
  • our Suppliers to supply their goods and services to us and exercise their rights and perform their obligations under their supply agreement with us, including creating a business profile for your business.

If you are part of a franchise this may include obtaining approvals, authorisations, consents and permissions from the franchisor. We may also notify you of any other approvals, authorisations, consents and permissions you are responsible for obtaining under this clause.

If you fail to comply with your obligations under this clause, we will not be liable for any failure to perform any of our obligations in connection with the supply of your Services to the extent caused or contributed by your failure to comply with your obligations under this clause.

3.3 Cooperation

You must cooperate with us and provide us with all necessary information (and ensure such information is accurate, complete, up-to-date and not misleading) to allow us to supply your Services and exercise our rights and perform our obligations under this Agreement. You must also cooperate with our Suppliers to allow them to supply their goods and services to us and to exercise their rights and perform their obligations under their supply agreement with us.

If you fail to comply with your obligations under this clause, we will not be liable for any failure to perform any of our obligations in connection with the supply of your Services to the extent caused or contributed by your failure to comply with your obligations under this clause.

 

Using your Services

4.1 Your use

You must only use your Services lawfully and in accordance with this Agreement, for your personal or business use. You must only use the Services in compliance with the Connekt Fair Use Policy. You must not use or attempt to use your Services:

  • in any way that is unlawful, to break any law, to damage any property, to injure any person, to menace or harass any person, to incite hatred against any person, or infringe any other person’s intellectual property or other rights;
  • to transmit, publish or communicate material that is illegal, defamatory, offensive, abusive, indecent, menacing or unwanted (or promote others to engage in such acts);
  • to send excessive unsolicited data to third parties or for any purpose that may result in a virus, worm, trojan or similar program being sent;
  • to access, host or send any ‘prohibited content’, as that term is defined in the Broadcasting Services Act 1992 (Cth);
  • in any way that might:
    • expose us or any of our Suppliers to liability or the risk of legal or administrative action, including prosecution under any law, or bring us or any of our Suppliers into disrepute;
    • damage the Connekt name or Network or any Supplier Network; or
    • cause interruption, interference or degradation in the performance of your Services, any other customer’s Connekt services, the Connekt Network or any Supplier Network.

You must not interfere with the normal operation of, the Services, the Connekt Network or any Supplier Network. You must not access or interfere with any network, system, equipment or facility that is owned, operated or controlled by any of our Suppliers, unless you are authorised to do so.

You must not establish, maintain or permit a connection to the Connekt Network or any Supplier Network that is prohibited by or does not meet the requirements of any technical or interconnection standards made by a Regulatory Authority, unless such connection is made in accordance with a connection permit issued under an applicable law.

You must comply with all directions given by a Regulator and all reasonable directions given by us in connection with your Services. You must also comply with all reasonable directions given by us to comply with any requirements of our Suppliers in connection with the supply or use of your Services.

4.2 Responsibility for use by others

If you allow any other person to use your Services, you must ensure that they comply with this Agreement as if they were you. You will be responsible to us for any use of your Services by any other person. You must ensure that minors (persons under 18 years of age) are supervised by a responsible adult at all times when using the Services.

You are responsible for all fees incurred through the use of your Services, regardless of whether such usage was authorised by you. You must advise us immediately if you suspect there has been any unauthorised use of your Services.

4.3 Connekt Network Optimisation

Connekt will manage network traffic to ensure optimal operation of the Connekt Network. This may include managing time sensitive applications in order to improve the customer experience on the Connekt Network. Time sensitive applications may include video streaming, as well as communications services.

4.4 Interception and Testing

We (or our Suppliers) may, to the extent permitted by law, monitor or intercept communications over the Services to ensure:

  • compliance with any request or direction of a Regulator, law enforcement authority or other authority, to the extent permitted by law;
  • our (or our Supplier’s) compliance with the law; or
  • your compliance with this Agreement.

We may also undertake testing of the security of the Connekt Network (including any Connekt Supplied Equipment) and the Services from time to time.

 

Managing your Account

5.1 Access and management

You can access and manage your Account online through your Online Account. To do so, you will need your Account Number and the password or PIN associated with your Account.

5.2 Keeping your password and PIN confidential

You must keep confidential the password or PIN associated with your Account. You should change your password or PIN on a regular basis. When you select or change your password or PIN, you must ensure that your password or PIN meets generally accepted practices for PIN and password security at that time, including in relation to complexity and randomisation.

You are responsible and liable for all transactions made with us and/or instructions given to us using the password or PIN associated with your Account. You must advise us immediately if you suspect there has been any unauthorised access to or use of your Account.

5.3 Appointing an authorised representative

You may authorise a person over the age of 18 years to act as your agent in relation to your Account.

In order to do so you must:

  • notify us of your intention to appoint a person as your agent;
  • give us certain personal information about that person; and
  • obtain that person’s consent for you to provide their personal information to us and for us to collect, use and disclose their personal information in accordance with this Agreement and the Connekt Privacy Policy.

If you authorise a person to act as your agent, you warrant to us that you have obtained the above-mentioned consent.

After you have authorised a person to act as your agent, that person will have power to act on your behalf in respect of your Account and will have the authority to do most things in relation to your Account (including changing Plans and Bundles, for which fees may apply). Your authorised representative will not be able to add another authorised representative or cancel your Account, unless you have authorised this and agreed it with us.

You can cancel the appointment of an authorised representative by giving us at least 7 days notice.

 

Managing your Services

6.1 Changing your Payment Plan

You can change your Payment by contacting us. If you change your Payment Plan, subject to the provisions of any Payment Plan Terms in clause 10 (also refer to Annexure A - Payment Methods and Conditions ) that are applicable to you, the following rules apply:

  • a change to your existing Payment Plan will not incur additional charges if the term is increased or options decreased;
  • the previous minimum agreed term cannot be reduced after 30 days from commencement;
  • the current Payment Plan rate and options will apply as at the time of any alteration; and
  • any previous Payment Plan offered that is no longer available cannot be requested.
  • a change to a Payment Plan will be effective immediately after we have processed your request (and your fees will be adjusted accordingly on a pro rata basis); and

6.2 Our rights to stop offering and supplying Payment Plans and Inclusions

We may stop offering any Payment Plans or the included items at any time. We can do this without your permission and without notice.

We can stop supplying any Payment Plans or the included items that you may be receiving by changing this Agreement in accordance with clause 1.7. In this case, you may have certain rights to cancel your affected Services in accordance with clause 1.7.

6.3 Effect when we stop supplying some of the Included Items

If we stop supplying some of the Included Items during the Minimum Term, subject to our rights under clause 2.10, that change may have effect immediately.

6.4 Overdue payments

Notwithstanding any of the provisions in this clause 6, we may refuse to upgrade your Payment Plan or provide Service if you have any overdue payments on any Tax Invoice for your Services.

 

Relocating to a new address

If you want to transfer any of your Services to a new address, you must use your best efforts to give us as much notice as possible. In most cases, we will need at least 30 days notice to arrange a transfer.

After receiving your notice, we will determine whether your Services are available at your new address.

If your Services are available at your new address, we will use our best efforts to transfer your Services to your new address on or as soon as possible after the date you want the transfer to take effect. We rely on Suppliers to supply your Services and this may affect when we can start supplying them to you at your new address.

If we transfer any of your Services to your new address, we will charge you the applicable Relocation Fee specified in the Price Guide. We will cancel all Services at your existing address on the same date or such other date as agreed with you.

If any of your Services are not available at your new address, we will notify you.

 

Change of Account Holder

If you wish to change the name of the Account holder, please contact us. We will charge you the applicable fee specified in the Price Guide for this change.

 

Fees

9.1 What fees apply to you?

The fees that apply in connection with your Services are set out in the Price Guide. The fees set out in the Price Guide are inclusive of all taxes, including GST (unless stated otherwise).

The applicable monthly fees for a Service will apply from the date that we activate that Service.

If we need to repair or replace software or equipment due to your breach of this Agreement or your negligence or fraud then we may charge you an additional amount.

9.2 Offers

We may make special offers to you from time to time, through general advertising or directly to you.

Special offers may change the prices or other terms of this Agreement for a period of time and may be subject to conditions. If you validly accept the terms of a special offer, then those terms will prevail to the extent that they are inconsistent with any terms of this Agreement. The terms of this Agreement will otherwise continue to apply. When the special offer expires, the full terms of this Agreement will apply.

9.3 Can fees change?

We can change current or impose new fees and charges in connection with the Services at any time, in accordance with clause 1.7.

 

Payment Plan Terms

10.1 Tax Invoice

We will issue a Tax Invoice to you each month (or as otherwise agreed) for:

  • monthly recurring fees, in advance (including any part month recurring fees, in arrears, for changes made in a prior Tax Invoice Period);
  • variable fees, in arrears (as applicable);
  • fees for Connekt Supplied Equipment (as applicable); and
  • other fees as set out in the Price Guide or otherwise agreed with you (as applicable).

We will include fees for all of your Connekt Services on the one Tax Invoice.

In some circumstances we may require a prepayment of fees before providing a Service. We will obtain your prior consent to this prepayment.

If we fail to include any fees in your Tax Invoice that we should have included, we may add those fees to one of your subsequent Tax Invoices. If we do so, we will tell you that some of the fees in that subsequent Tax Invoice relate to a previous Tax Invoice Period.

We will calculate your Tax Invoices with reference to data received from our Suppliers. We rely on this data when calculating your Tax Invoices. We will not be liable for any billing errors that occur as a result of you providing inaccurate billing information.

We will include the value of any credits on your Account.

10.2 Tax Invoice method

We will issue your Tax Invoices to you by making your Tax Invoice available to you through your Online Account.

If you also wish to receive your Tax Invoice by post, you can request this through your Online Account. It may take us one Tax Invoice Period to implement this request.

If you choose to have your Tax Invoices sent to you by post, you must pay us the relevant administration fee specified in the Price Guide, for each Tax Invoice.

We may send you a courtesy email or SMS when your Tax Invoice is available to view online. We are not obliged to do this and you still need to pay your Tax Invoice regardless of whether we send or you receive a courtesy email or SMS.

10.3 Payment

You must pay the full amount payable specified in your Tax Invoice by the Payment Date.

You can pay your Tax Invoice by any of the payment methods specified in your Tax Invoice.

If you choose to pay your Tax Invoice by any method other than Direct Debit from a bank account (not Credit Card), we will charge you the monthly account processing fee specified in the Price Guide, for each Tax Invoice.

10.4 Scheduled Direct Debit from a bank account (not Credit Card)

You can set up, change or cancel your Scheduled Direct Debit through your Online Account or by other means identified in 1.5 of this agreement. If you set up a Scheduled Direct Debit and/or if you pay your Tax Invoices for the Services by Scheduled Direct Debit, you agree to the terms of the Direct Debit Request Agreement set out in Annexure A to these General Terms.

By setting up Scheduled Direct Debit, you authorise us to deduct the full amount payable (less any adjustment or payment made in between Tax Invoice issue date and relevant Payment Date) specified in each of your Tax Invoices from your nominated bank, credit union or credit card account on the relevant Tax Invoice Payment Date (which will usually be 10 business days after the date on which we issued that Tax Invoice to you).

As a Scheduled Direct Debit customer, we will not automatically send you a Tax Invoice but you can access your monthly Tax Invoice at any time through your Online Account. If you ask us to, we will send you a paper version of your Tax Invoice and charge you the applicable administrative fee specified in the Price Guide for each such Tax Invoice.

10.5 What to do if you don’t agree with your Tax Invoice

If you think we have made a mistake on your Tax Invoice you must notify us as soon as possible.

If you wish to dispute any fee on your Tax Invoice, you must contact us as soon as possible.

10.6 Failure to pay

If a Scheduled Direct Debit payment is declined or you fail to pay us the full amount due by the Payment Date or your payment is otherwise unsuccessful, we will use our best efforts to notify you that an amount is overdue.

If the amount outstanding is not immediately paid then we may take one or more of the following actions:

  • charge you the late payment fee specified in the Price Guide; and
  • charge you the dishonoured payment fee specified in the Price Guide.

In accordance with clause 2.9 we may also restrict or suspend the Services you can receive from us until all amounts due have been paid.

If any amount outstanding remains unpaid, we will use our best efforts to send you a separate notice to notify you that we may take one or more of the following actions:

  • disconnect your Services;
  • terminate this Agreement;
  • take legal action against you to recover the unpaid amount; and/or
  • refer you to a collections agency.

10.7 A Guarantee for Payment

We may ask you to provide us with a prepayment (for a reasonable amount) or financial guarantee (issued by someone who is reasonably acceptable to us). We will only do so if we reasonably believe you pose an unacceptably high credit risk for us after we have conducted a credit assessment in relation to you and the Services you are receiving at that time. If you don’t comply with our request within a reasonable period of time, we may exercise our rights to temporarily restrict or suspend supply of your Services in accordance with clause 2.9.

10.8 Financial Hardship

If you are having difficulty paying your Tax Invoices, you may be eligible for assistance under our financial hardship arrangements. Details of these arrangements are set out in our Financial Hardship Policy, available on the Connekt Website.

If we have agreed a financial hardship arrangement with you, then the terms of that arrangement will be subject to this Agreement. You must promptly advise us if your circumstances change at any time during the term of any financial hardship arrangement that we have agreed with you.

10.9 What happens on Reconnection?

If you pay all outstanding amounts after your Services have been disconnected for non-payment or if your Services were otherwise disconnected, you can request us to reconnect your Services. Reconnection fees specified in the Price Guide will apply for each reconnected Service. We may also require you to pay future fees and charges by Scheduled Direct Debit before we reconnect you.

We will use best efforts to provide you with the same services and Payment Plan (or similar, if these no longer available) that you subscribed to before your Services were disconnected. However, you may no longer be eligible for any discounts you were receiving prior to the disconnection.

 

Equipment

11.1 Connekt Supplied Equipment

You may buy Connekt Supplied Equipment from us if we agree.

We will own the Connekt Supplied Equipment until you pay us the purchase price in full. After this time, you will own the Connekt Supplied Equipment (excluding any Software supplied with that equipment, which we will licence to you in accordance with clause 12). Risk in the Connekt Supplied Equipment passes to you on delivery.

You must only use the Connekt Supplied Equipment in connection with your Services in accordance with our instructions. If you do not do this, then we may not be able to provide the Services to you and we may cancel the Services.

The terms of any relevant Warranty Statement which we or our suppliers may issue from time to time will apply to our provision of LSL Supplied Equipment to you. A copy of the relevant Warranty Statement, if any, will be provided to you with your Connekt Supplied Equipment.

Until you have paid for the LSL Supplied Equipment in full, you must keep the equipment insured to replaceable value and the insurance policy must note our interests as an interested third party. You must provide a copy of the insurance policy and certificate of currency to us within 7 days of receiving a written request for them.

11.2 Customer Supplied Equipment

You may use Customer Supplied Equipment (such as an ADSL modem), subject to and in accordance with this clause 11.2 and any equipment requirements in relation to a Service.

You must ensure all Customer Supplied Equipment meets any relevant technical standards and specifications established, approved or adopted by any Regulator. Your responsibilities and obligations in relation to Customer Supplied Equipment apply regardless of whether your Customer Supplied Equipment meets such technical standards and specifications.

You may only use Customer Supplied Equipment in connection with your Services in accordance with our instructions. You must not use Customer Supplied Equipment in any other way.

You are solely responsible for:

  • operating, inspecting, servicing, maintaining, updating, modifying, repairing and replacing any Customer Supplied Equipment; and
  • any fault, loss or damage that may be caused or contributed to by the use of any Customer Supplied Equipment (including any interruption, interference or degradation in the performance of your Services, another customer’s Connekt service, the Connekt Network or any Supplier Network).
  • ensuring that Customer Supplied Equipment is compatible with our equipment and systems.

If any Customer Supplied Equipment is causing or contributing to any such fault, loss or damage (including any such interruption, interference or degradation), you must comply with our reasonable instructions, which may include disconnecting and ceasing to use of that Customer Supplied Equipment.

We do not provide any technical support for Customer Supplied Equipment. If Customer Supplied Equipment is causing or contributing to any fault in connection with your Services, we may not be able to help you rectify that fault and you will continue to be responsible for paying all fees for your Services, even though you may not be able to receive them.

We may, at any time, perform Connekt Network Upgrades and our Suppliers may, at any time, perform Supplier Network Upgrades. The performance of Connekt Network Upgrades and/or Supplier Network Upgrades may adversely affect the performance of Customer Supplied Equipment and/or stop Customer Supplied Equipment from working in connection with your Services. We are not responsible for any such effects.

This clause, and each clause within this document, can be amended from time to time, if required.

11.3 Space, power and environment for equipment

You must provide adequate space, mains power supply and operating environment for all equipment that is located at your Business and used in connection with your Services.

11.4 Lost, stolen or damaged Connekt Supplied Equipment

You are responsible for any lost, stolen or damaged CONNEKT Supplied Equipment after it has been delivered to you, except to the extent any damage is caused by us. After we have delivered Connekt Supplied Equipment to you and for so long as we continue to own it:

  • you must notify us as soon as possible after you become aware that any such Connekt Supplied Equipment has been lost, stolen or damaged (and, if stolen, you must also notify the police and provide us with the report or incident number given to you by the police); and
  • we may charge you to replace or repair any such Connekt Supplied Equipment that has been lost, stolen or damaged, except to the extent any damage is caused by us.

 

Software

Nothing in this Agreement affects the ownership of any right, title or interest in any Software.

We grant to you a non-exclusive, fully paid and royalty free licence to:

  • install and use the Software for the purposes of receiving and using each of your Services and for purposes that are reasonably incidental to such purposes; and
  • to make a reasonable number of copies of the Software for the purposes of receiving and using each of your Services and for purposes that are reasonably incidental to such purposes (including for archive, back-up and recovery purposes),

for the period in which you are receiving each of your Services.

Except as otherwise expressly permitted by this Agreement or by law, you must not:

  • copy all or any part of the Software, or allow all or any part of the Software to be copied, without first obtaining our written permission;
  • translate, reverse engineer, decompile or disassemble any of the Software;
  • create any adaptation, modification or derivative of any of the Software;
  • publish, distribute or commercialise any of the Software or any adaptation, modification or derivative of the Software;
  • sell, rent, lease, sublicense, assign or transfer any of the Software; or
  • remove any trade mark, trade name or any proprietary, copyright, trade secret or warning legend from any of the Software.

 

Fault reporting and rectification

13.1 Reporting faults

If you experience a fault with any of your Services, you may report that fault:

  • through your Online Account.
  • emailing us at This email address is being protected from spambots. You need JavaScript enabled to view it.; or
  • lodging an enquiry at www.connekt.global; or
  • writing to us at Suite 7, 48 School Road. Maroochydore. Qld. 4558

Before reporting a fault to us, you must take reasonable steps to ensure the fault is not caused by anything on your side of the Network Boundary Point. I think leave this description in as it can

13.2 Investigating faults

After you report a fault to us, we will investigate the cause of the fault and, where possible, determine its cause.

If we determine the fault is caused by anything on your side of the Network Boundary Point, we may charge you the technical fault assessment where identified as Customer Fault fee specified in the Price Guide.

13.3 Rectifying faults in Connekt Network

Where a fault is caused by the Connekt Network, we will use our best efforts to rectify the fault:

  • within a reasonable period after you report that fault to us.

Where a fault is caused by the Supplier Network, we will notify our Supplier and use our best efforts to ensure that our Supplier rectifies the fault:

  • within a reasonable period after you report that fault to us.

We will keep you informed of progress in rectifying faults in the Connekt Network by publishing updates on the Connekt Website or giving you notice using any of the other contact methods listed in clause 1.6.

13.4 Faults caused by anything on your side of the Network Boundary Point

Where a fault is caused by anything on your side of the Network Boundary Point, you may ask us to rectify the fault. If you ask us to do so, we may give you a Work Order containing a description of the work we propose to do for you and the estimate of our fees for performing that work. If we cannot assist with the rectification of your fault we may refer you to a third party.

If we have provided a Work Order and you ask us to proceed, we will perform the work in accordance with the Work Order and you agree to pay us the applicable fees. You acknowledge that the costs of rectifying the fault may exceed the costs estimate. Except as provided in this clause 13.4, we are not responsible or liable for such faults.

After we complete the work, you (or any person over 18 years of age that you nominate to be present during the work) are required to sign the Work Order. When you sign the Work Order you acknowledge that you have received this Agreement and that you are satisfied that we have performed the work in accordance with the Work Order.

13.5 Cooperation and access

You must cooperate with us and our Suppliers and provide us and our Suppliers with safe, sufficient and timely access to your Business in order for us and our Suppliers to perform our respective obligations in relation to fault rectification. If you fail to do so, we will not be liable for any failure to rectify, or delay in rectifying, the relevant fault.

13.6 Faults in Connekt Supplied Equipment

Where a fault is caused by Connekt Supplied Equipment within its Warranty Period, we will use our best efforts to rectify the fault within a reasonable period after you report that fault to us. We may send you replacement Connekt Supplied Equipment, in which case we may require you to return the faulty CONNEKT Supplied Equipment to us.

Where a fault is caused by Connekt Supplied Equipment after the expiry of its Warranty Period, we will not be responsible for rectifying the fault. If you ask us and if available, we can send you replacement Connekt Supplied Equipment. We will charge you the applicable equipment fee specified in the Price Guide.

 

Network maintenance

We may, at any time, perform Connekt Network Maintenance. Where we are performing Connekt Network Maintenance in response to a fault or an emergency or other unforeseen event or circumstance, we might not be able to give you notice before starting work.

Our Suppliers may, at any time and without notice to you, perform Supplier Network Maintenance. If we are aware such work is going to be performed, or is being performed, and that work might adversely affect your Services, we will use our best efforts to notify you.

The performance of Connekt Network Maintenance and Supplier Network Maintenance may interrupt, interfere with or degrade the performance of your Services. Any such interruption, interference or degradation will not be regarded as a fault in respect of your Services.

To minimise the impact of Connekt Network Maintenance on you, we will use our best efforts to minimise the duration and frequency of Connekt Network Maintenance in your area and only perform Connekt Network Maintenance between 10pm and 6am, but it may not always be possible for us to do so.

 

Your privacy

By entering this Agreement, you consent to us collecting, using and disclosing your personal information in accordance with this Agreement and the Connekt Privacy Policy.

 

Complaints & Disputes

16.1 What to do if you have a complaint

If you have a complaint about any of your Services please contact us. We will handle your complaint in accordance with our Complaints Handling Policy.

 

Liability

17.1 Our liability to you

Basis of our liability

We supply the Services and Connekt Supplied Equipment to you:

  • on the terms expressly set out in this Agreement (including any relevant Warranty Statement); and
  • subject to non-excludable rights under consumer protection laws (including the consumer guarantees that apply pursuant to the Australian Consumer Law).

No other terms or rights apply.

Subject to the remainder of this clause 17.1, we are liable to you:

  • if we fail to supply on the above-mentioned basis; and
  • if we are negligent in accordance with legal principles of negligence applied by the courts.

Exclusions and limitations of our liability to you

Associated Programs are subject to change and no guarantees are given such as the 'Emplosure Program' through the Referral Partner Program that it will continue to be available. Programs may come and go and so there is no guarantee that any Program on offer, when you paid your fee, or at any time within your contracted period, that any particular Program will continue to be available in the future.

To the maximum extent permitted by law, we exclude all other liability to you under, arising from or in connection with this Agreement and our supply of any Services and Connekt Supplied Equipment, whether that liability exists in contract, in tort, at common law, in equity, under statute, under an indemnity or otherwise.

We supply the Services and Connekt Supplied Equipment to you on the condition that you will only use them for business use. We are not liable for any losses arising from or in connection with use of any Services or Connekt Supplied Equipment for business purposes, except to the extent we cannot exclude such liability under legislation, in which case our liability is limited to replacing, repairing or resupplying the relevant goods or services where it is fair and reasonable for us to rely on this limitation and we are allowed to limit our liability in this way under legislation.

We are not liable for any failure to supply any of Services or Connekt Supplied Equipment in accordance with this Agreement to the extent our failure is caused or contributed to by:

  • any act or omission by you, including:
    • any breach of this Agreement by you; and
    • the use of any Customer Supplied Equipment in connection with your Services;
    • any act or omission of any of our Suppliers or our inability to obtain supply of any goods or services from any of our Suppliers where this prevents or restricts us from supplying any of your Services to you in accordance with the requirements of this Agreement; or
    • any event or circumstance beyond our reasonable control.

We are not liable for:

  • any delay in connecting any of your Services;
  • any delay in rectifying a fault in connection with any of your Services; or
  • any failure to attend an appointment for these purposes,

We are not liable to you for any Consequential Loss, except to the extent we cannot lawfully exclude such liability.

Our liability to you will be reduced proportionally to the extent that:

  • you have failed to take all reasonable steps to minimise and mitigate your losses and
  • you have caused or contributed to the act, omission, event or circumstance giving rise to the liability,

except to the extent our liability cannot be lawfully reduced in this way.

17.2 Your liability to us

Basis of your liability to us

Subject to the remainder of this clause 17.2, you are liable to us:

  • if you breach this Agreement; and
  • if you are negligent in accordance with legal principles of negligence applied by the courts; and

You are also liable for the acts and omissions of certain third parties under this Agreement, including pursuant to clauses 4.2 (Responsibility for use by others) and 5.3 (Appointing an authorised representative).

If you and one more other persons are the customer, you are jointly and severally liable in connection with this Agreement and your acquisition and use of your Services.

Exclusions and limitations of your liability to us

To the maximum extent permitted by law, you exclude all other liability to us under, arising from or in connection with this Agreement and your acquisition and use of your Services and Connekt Supplied Equipment, whether that liability exists in contract, in tort, at common law, in equity, under statute, under an indemnity or otherwise.

You are not liable to us for any Consequential Loss, to the extent you can lawfully exclude such liability.

Your liability to us will be reduced proportionally to the extent that:

  • we have failed to take all reasonable steps to minimise and mitigate our losses and
  • we have caused or contributed to the act, omission, event or circumstance giving rise to the liability,

except to the extent your liability cannot be lawfully reduced in this way.

 

Other Legal matters

Assignment, novation and other dealings: We may assign, novate or otherwise deal with our rights and obligations under this Agreement. The same applies for you in respect of your rights and obligations, except you need our permission to do so. We will act reasonably in giving or withholding our permission.

Commissions: We may pay commission to any person who introduced you to us.

Governing law: This Agreement is governed by the laws of the Commonwealth of Australia and the State or Territory in which your Business is located.

Reading and interpreting: The following rules apply when reading and interpreting this Agreement:

  • headings are for convenience only and do not affect the interpretation of this Agreement;
  • the singular includes the plural (and vice versa);
  • where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
  • the words ‘including’, ‘such as’, ‘particularly’, ‘principally’ and similar words are not words of limitation;
  • a reference to ‘we’, ‘us’ or ‘our’ includes our successors, permitted substitutes and permitted assignees;
  • a reference to law includes any change to it, any re-enactment of it, any provision substituted for it and any regulation or instrument issued under it; and
  • a reference to a monetary amount is in Australian dollars.

Rights: We may exercise our rights (including giving or withholding our permission or consent) at our discretion, unless provided otherwise. The fact we have not exercised a right where we are entitled to do so does not mean that we have waived that right. The same applies for you in respect of your rights.

Severability: Any part of this Agreement that is void or unenforceable will be severed and the remainder of this Agreement will continue unaffected.

Subcontracting: We may subcontract the performance of any of our obligations under this Agreement, but we will remain liable to you in respect of the performance of those obligations.

Survival: Any term of this Agreement that, by its nature, is intended to survive the end of this Agreement will survive the end of this Agreement. This includes your obligation to disconnect any connections to the CONNEKT Network and any Supplier Network in accordance with clause 2.12, your obligations to provide access to you Business in connection with the Services and the clauses regulating our liability to you and your liability to us.

 

Definitions

In this Agreement, where a word or phrase is capitalised and defined in this clause 19, that word or phrase will have the meaning given to it in this clause 19.

Account means your account with us to receive your Services.

Account Number means the number assigned to your Account.

Agreement means the terms on which we will supply, and you will receive, your Services and any Connekt Supplied Equipment, which are set out in the documents specified in clause 1.3.

Application means, where you have applied to receive your Services:

  • in person (e.g. through a Connekt door-to-door salesperson), the application form in respect of those services that was signed by you and submitted to us;
  • over the phone, the order in respect of those Services that was completed by us in accordance with your instructions and authorised by you; or
  • online, the order in respect of those Services that was completed or authorised by you and submitted to us.

Tax Invoice Dispute means a genuine dispute or issue with any amount in your Tax Invoice, which you have contacted us in relation to.

Tax Invoice Period means, in respect of a Tax Invoice, the period in which your monthly charges are applied.

Bundle means a bundle of any two or more of the following different types of services.

Bundle Terms means the business rules that apply to a particular Bundle. Bundle Terms that apply to any Bundle with Connekt or LSL for those Services.

Business means the business address at which you receive, or have applied to receive, any Service.

Complaints Handling Policy means the Connekt policy of the same (or similar) name that is published on the Connekt Website, as amended from time to time.

CONNEKT means Connekt.global Pty Ltd ACN 603 588 174, its agents and Contractors.

Connekt means any service that we supply and you receive under your Agreement, such as Connekt Reward Points.

Connekt Agreement means this Agreement.

Connekt Fair Use Policy means the Connekt policy in relation to your use of the Services of the same (or similar) name that is published on the Connekt Website, as amended from time to time.

Connekt Network means the network, systems, equipment, facilities and infrastructure owned, operated or controlled by us (or any of our Related Companies) and used to supply Services. The Connekt Network excludes any Supplier Network.

Connekt Network Maintenance includes any inspection, management, service, maintenance, repair, replacement, remediation or modification of the Connekt Network.

Connekt Network Upgrade includes any upgrade, enhancement, modernisation, reconfiguration, enablement or augmentation of the Connekt Network.

Connekt Partnership means the partnership between Connekt or LSL and a Contractor or any Referral Partner.

Connekt Privacy Policy means the CONNEKT policy of the same (or similar) name that is published on the CONNEKT Website, as amended from time to time.

Connekt Subscription Agreement means Connekt ‘s standard form agreement for the provision of Services, as amended from time to time.

Connekt Service means the Service and/or any Connekt service (as the context requires).

Connekt Supplied Equipment means equipment that you lease or buy from us (or any of our Related Companies) in connection with the supply of your Services, including the Connekt Hub App.

Connekt Website means the website accessible at www.connekt.global.

Consequential Loss means any loss or damage that:

  • does not arise naturally, in the usual course of things, from the breach, action or inaction in question; or
  • constitutes loss of profit, loss of anticipated profit, loss of opportunity, loss of anticipated savings, loss of revenue, loss or impairment of credit rating, loss of data, loss of business opportunities and loss of or damage to reputation or goodwill, even if such loss arises naturally, in the usual course of things, from the breach, action or inaction in question.

Contractors mean contractors, agents and third parties with whom we (or our Suppliers) have entered into agreements or arrangements with from time to time in order to act on our behalf in connection with:

  • contacting you; or
  • providing you with information pertaining to the Services or any products and services that we or our Related Companies offer from time to time; or
  • performing, planning, research, product development and strategic, financial and other business purposes in relation to our products and services on our behalf.

Customer Supplied Equipment means any equipment other than Connekt Supplied Equipment that you use in your Business in connection with your Service.

Early Termination Fee or ETF, in respect of a Service, means the fee described as such in the Price Guide.

Extra means any optional feature that may be supplied in connection with a Service.

Extras Terms, in respect of an Extra, means the terms and conditions that apply in respect of that Extra.

Financial Hardship Policy means the Connekt policy of the same (or similar) name that is published on the Connekt Website, as amended from time to time.

General Terms means this document, as amended from time to time.

GST means a goods and services tax or similar value added tax levied or imposed under the GST Law.

GST Law has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

LSL is the brand that refers to the Locals Supporting Locals program and related services provided to you by Connekt from time to time.

LSL Business Member means a business that is a financial member through the Locals Supporting Locals Program.

Minimum Term means the minimum period that you agree to receive a Service and/or Bundle, as specified in your Application for that Service and/or Bundle or subsequently agreed with us in accordance with this Agreement.

Network Boundary Point, in respect of a Service, has the meaning given to that term in the context for that Service.

Online Account means My Account accessible via the Connekt Website.

Payment Date, in respect of a Tax Invoice issued to you, means the date specified as such on that Tax Invoice or if not specified, a date that will not be earlier than 10 business days after the date on which we issued that Tax Invoice to you.

Payment Terms means the terms of payment stated in clause 10 or as varied with our agreement.

Personnel mean our directors, officers, employees, agents and contractors.

PIN means the personal identification number in respect of your Account.

Plan, in respect of a Service, means a plan in accordance with which that Service is supplied.

Policies means the policies referred to in this agreement or as amended from time to time or any new policies which we adopt.

Price Guide means the document that sets out our fees for the provision of the Connekt program and related services, including the Standard Fees, that is published on the Connekt Website, as amended from time to time.

Referral Partners means a business such as 'Employsure', through the Referral Partner Program, that is available for you to request their services or offers within the LSL Application Agreement.

Regulator means the, the Australian Competition and Consumer Commission or any other government or statutory body or authority.

Related Company means a company or entity that is wholly owned (directly or indirectly) by Connekt.global Pty Ltd.

Scheduled Direct Debit means a direct debit payment that automates the monthly payment of the Connekt Services from either your credit card or nominated bank account.

Service means a Connekt Program service.

Software means any software provided or made available by us to you in connection with the supply of your Service, including any firmware that forms part of any Connekt Supplied Equipment.

Standard Fees means our standard fees that apply in respect of Services supplied on an unbundled or standalone basis.

Supplier means any person that supplies us with goods or services that we rely on to supply any Connekt service.

Supplier Network means the network, systems, equipment, facilities and infrastructure owned, operated or controlled by a Supplier.

Supplier Network Maintenance includes any inspection, management, service, maintenance, repair, replacement, remediation or modification of a Supplier Network.

Supplier Network Upgrade includes any upgrade, enhancement, modernisation, reconfiguration, enablement or augmentation of a Supplier Network.

Technical Fault includes any fault where the internet is not assessable; or a device for whatever reason cannot access the Connekt Apps or Website or LSL App or Website. A Technical Fault also may refer to equipment supplied by either party.

Warranty Period means, in respect of any Connekt Supplied Equipment, the applicable warranty period, which includes any warranty period required by law.

Warranty Statement means the warranty provisions in relation to any Connekt Supplied Equipment that are provided to you with that equipment and/or that are set out on the Connekt Website, as amended from time to time.

We, us and our means Connekt.

Work Order means the document that forms part of this Agreement and sets out a description of work we will perform for you and is (or is to be) signed by you (or your authorised representative) after we have completed that work.

You and your means the Connekt customer named as the account holder on the Application or identified as the primary account holder when you first sign up for the Services.