1. Agreement
- By applying to acquire a service from Capti Fibre and having your application accepted, an agreement is formed. Applications can be made over the phone, through an online ordering process, or by completing a physical order form. By applying, you confirm that you are over 18 years of age and legally eligible to enter into the agreement.
- The agreement consists of the following components:
- Your application
- The service description
- The plan brochure or any other document provided to you during the application process.
- These Standard Terms and Conditions
- In case of any inconsistencies within the agreement, the following order of priority will be followed to resolve them:
- The plan brochure
- The service description
- These Standard Terms and Conditions
- Your application.
2. Duration of the Agreement
- The agreement begins upon acceptance of your application by Capti Fibre.
- For contracts other than fixed period contracts, the agreement will remain in effect until terminated by either party with a 30-day notice or as specified in the agreement.
- In the case of fixed period contracts, the agreement will continue:
- For the minimum contract period mentioned in your application, service description, or plan brochure
- Until termination as specified in clause 12
- If neither party cancels the agreement at the end of a fixed period contract, Capti Fibre will continue to provide the service on a month-to-month basis.
- If Capti Fibre decides not to continue providing the service to you at the end of a fixed-period contract or wishes to modify the terms of the agreement, including charges, you will be notified at least 30 days before the end of the fixed-period contract.
3. Changes to the Agreement
- Capti Fibre may make changes to the agreement under the following circumstances:
- With your consent
- When the change will not have an adverse effect on you, and you have been notified in advance
- In relation to charges for international telephone calls or roaming, and you have been notified in advance
- To introduce or modify a fee or charge to comply with a tax or levy imposed by law, and you have been notified in advance
- To introduce or modify a charge associated with a content or premium service, where Capti Fibre relies on a third party for the service and the third party increases its price to Capti Fibre, and you have been given reasonable notice of the change
- If the agreement is a fixed period contract and the change is unfavorable to you, provided that Capti Fibre provides at least 21 days' notice of the change.
- Capti Fibre may withdraw any plans/packages by giving you notice, but such withdrawals will only take effect at the end of your current fixed-period contract.
- Notice of any changes to the agreement may be given by Capti Fibre:
- Via email to your designated email address
- In conjunction with a bill c. In writing, including by fax or mail
- Changes to these standard terms or a service description will be made available online, and you are encouraged to regularly check our website.
- If Capti Fibre changes the agreement under clause 3.1(f), you have the option to cancel the agreement within 42 days of the notice date without incurring charges, except for usage or network access charges until the agreement ends, and outstanding amounts for installation or equipment with other suppliers' services.
- Your continued use of the service after the effective date of a variation, alteration, replacement, or revocation, or after the expiration of the 42-day period, will be considered
4. Service Applications
- You confirm that all information provided in your application to Capti Fibre is accurate and complete. You acknowledge that we will rely on this information. If you provide incorrect information during the application process, which is then relied upon by a third-party carrier for service provision or attempted provision, you will be responsible for a resubmission payment to Capti Fibre.
- We may refuse an application for service under the following circumstances:
- Technical limitations prevent us from providing the service, including network capacity constraints.
- The application process is incomplete or you are unwilling to provide the necessary documents or information.
- You do not meet our credit assessment criteria.
- By applying for a service, you authorize Capti Fibre to communicate with credit referencing bodies/associations regarding your credit history and provide them with the details you have provided to us. We may do this periodically throughout the term of the agreement.
- If you do not meet our credit assessment criteria, we may impose restrictions on the service. We will inform you of the general reasons for these restrictions and, if applicable, provide guidance on accessing restricted services.
- We may pay commission to a dealer or agent involved in your application process on behalf of Capti Fibre.
5. Privacy of Your Information
- As part of your application and in connection with providing the service to you, Capti Fibre may collect private information about you. Capti Fibre is legally required to collect certain Personal Information, including your name, address, and telephone service number, to provide it to the operator of the Independent Public Numbering Database (IPND). The IPND information is used for directory development and to assist emergency service organizations.
- We strive to comply with our privacy policy, which is available on our website or by contacting us. This policy governs the information we collect about you, its usage, and your rights to access it. By providing personal information to Capti Fibre, you consent to the collection and disclosure of your information to:
- Credit providers or credit reporting agencies for purposes permitted by the Privacy Act (1988), including obtaining a credit report, maintaining a credit information file, or notifying a default.
- Law enforcement agencies to aid in preventing or prosecuting criminal activities.
- Conduct ongoing credit management of your account.
- Shareholders, related entities, suppliers, agents, or professional advisers for reporting, accounting, product supply and service, marketing, and audit purposes.
- Upstream suppliers to us for purposes related to the service or your use of the service.
- Any person who provides us with your username(s) or password(s).
- We will periodically 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 (even after termination of the agreement) for this purpose using any available contact methods. You can withdraw your consent at any time by contacting us.
6. Minimum Contract Period
- The minimum contract period is the fixed duration during which you are required to acquire the service. The minimum contract period may be specified in your application or the plan. It begins when the service is activated.
- If you cancel the service or if we cancel the service due to your default during the minimum contract period, you may be subject to an early termination charge as outlined in the plan brochure or service description.
- After the Minimum Contract Period has ended, your service will automatically renew, and you will continue to be charged until you or we cancel the service with 30 days' notice.
7. Usage
- You acknowledge that charges will apply when using the Capti Fibre service. It is crucial for you to take measures to prevent unauthorized usage. You should ensure that you maintain control over devices that may utilize your service, such as computers, handsets, mobile phones, and wireless devices. Third parties should not be able to access or use your equipment without your authorization. You understand that unauthorized usage may occur due to computer viruses or third-party intrusions. Therefore, it is important to have appropriate protection systems in place to limit the possibility of unauthorized usage.
- As we cannot control access or usage of your handsets and equipment, you are responsible for all usage charges incurred with the service, regardless of whether the usage was authorized by you, unless the usage resulted from our mistake.
- You are not permitted to authorize a third party to use your service without direct supervision and/or written authorization from Capti Fibre.
- You acknowledge that we cannot be held responsible for any loss you may incur due to faults or failures within a third-party carrier's network infrastructure.
- While we strive to provide the service to the best of our abilities, you assume the risk of using it. Even if you lose equipment or allow another person to use your service, you are solely responsible for its usage, including:
- Calls made and messages sent
- Websites and content accessed
- Content or software downloaded and its impact on your equipment or service
- Products and services purchased
- Information provided to others
- Installation or use of any equipment or software, whether provided by us or not
- Modification of any settings or data on your service or related services or equipment, whether instructed by us or not
- Personal supervision of any users under the age of 18 who use the service
- Compliance with laws while using the service and accessing any websites and third-party content
- The service is provided with the expectation that it will be used for approved purposes. Therefore, you must:
- Not engage in illegal, malicious, deceptive, or misleading activities while using the service
- Not violate any standards, content requirements, or codes established by relevant authorities or industry bodies
- Not use the service in a way that interferes with the service network's operations or disrupts others' enjoyment of their service or causes offense
- Not use the service for commercial purposes or distribute or resell it without our written permission
- Comply with all laws, regulations, guidelines, and reasonable instructions from Capti Fibre regarding your service usage
- Provide us with any necessary information and cooperation related to the service
- Notify us of any changes in your personal information, including account details, debit or credit card information, expiration dates, billing, and service addresses
- You must not use the service in a manner that violates any fair use policy, acceptable use policy, or fair go policy applicable to the service.
- Capti Fibre may suspend or terminate your service, with or without notice, if, in our reasonable opinion, the service has been directly or indirectly involved in activities detrimental to our internet service, jeopardizing its performance for other customers or affecting the wider community's perception of Capti Fibre. Such activities include, but are not limited to:
- Sending spam emails or forwarding spammed emails to other internet users
- Causing the listing of Capti Fibre or its customers on any real-time blacklist
- Engaging in email bombing or using bulk email programs to send unsolicited commercial, informational, charitable, petition, chain, or political/religious messages
- Attempting unauthorized access to other internet servers and systems
- Engaging in misrepresentations, abusive behavior
8. Phone Numbers
This section applies to the acquisition of a telephone or other service number through Capti Fibre.
- If you do not already have a phone number for your phone to use with our service, we will assign you a phone number.
- All phone numbers are selected, issued, and used by Capti Fibre in accordance with the ACMA's Numbering Plan and Telecommunications Numbering Plan Number Declarations (numbering regulations).
- In order to comply with the numbering regulations, there may be instances where we need to recover or replace a phone number previously issued to you.
- We will provide you with reasonable notice if such action is necessary.
- If you require a new phone number, you may request one. Please note that there may be a charge associated with issuing a new phone number.
- If you have received harassing calls and reported the matter to the relevant law enforcement agency, we will provide you with a new phone number free of charge on the first two occasions. Any subsequent phone number changes may incur a charge.
- While you do not own the phone number, your right to use the phone number begins when we assign it to you.
- Your right to use the phone number ceases if you no longer subscribe to our service, unless you choose to port the phone number.
- You have the option to transfer your service number to another carrier or service provider. In doing so, you acknowledge and understand that:
- Charges may apply as a result of the transfer from Capti Fibre to another carrier or service provider.
- You remain responsible for any outstanding fees and charges.
- The transfer may result in the disconnection of related services such as Voicemail, paging and data services, silent numbers, priority assistance, or other enhanced services.
- It is your responsibility to ensure that any equipment or software used with your service is compatible with your new carrier or service provider.
- If you continue to use our service after transferring to another provider (e.g., through the use of an override code), you agree to pay us for any applicable fees and charges incurred for those services.
- If you transfer from Capti Fibre before the minimum term of your plan expires, you will be liable for any outstanding fees and charges, including plan payout and plan cancellation fees.
- In the event that you transfer your service to us:
- You authorize us to sign on your behalf and in your name the necessary forms of authority to your current supplier to transfer your service number(s) to Capti Fibre. You also authorize your current supplier to transfer all services relating to the service numbers being transferred.
- If your current supplier charges or credits us with any amount related to services provided before the transfer date, we will credit or charge that amount to your account as soon as possible.
- You indemnify Capti Fibre against any claims made by your current supplier regarding any amounts owed by you to them.
- If you discontinue the service without porting the phone number, we may assign the phone number to another customer in accordance with the numbering regulations.
- Capti Fibre is not liable for any expenses or losses you may incur due to: a. The recovery or replacement of the phone number as mentioned in clause 8.4 above. b. The termination of your right to use the phone number as specified in clause 8.9 above.
- In the event that your service is disconnected or transferred from Capti Fibre, you are required to settle all outstanding amounts owed under the agreement. Once payment has been received, any remaining funds held by us will be refunded to you. If we are unable to refund the owed funds within 12 months of your disconnection, the funds will be retained by Capti Fibre, and you agree to forfeit them.
9. IP Addresses
- You acknowledge that the IP Address(es) provided to you for use with the service are solely assigned for the duration of your service subscription. Upon termination of the service, your right to utilize the IP Address(es) ends.
- Capti Fibre assumes responsibility for all DNS delegation and routing associated with the service.
- Capti Fibre operates using Carrier-Grade Network Address Translation (CGNAT). This means that your devices are assigned private IP addresses that are translated to a public IP address when accessing the internet. The use of CGNAT allows for efficient allocation of IP addresses and helps ensure the security and stability of the network.
- If you require a public routable IP address for specific purposes, such as hosting servers or running certain applications, you may request to order a public IP address as part of your plan. Additional fees or specific terms and conditions may apply for obtaining and utilizing a public routable IP address, which will be provided to you upon request.
10. Billing and Account Payment
- The plan brochure or service description may specify that bills will not be issued. In such cases, charges will still apply even if no bill is issued.
- If we have agreed to issue bills, we will send you a tax invoice at the end of each billing period, unless stated otherwise in the plan brochure. It is your responsibility to pay all outstanding amounts by the due date indicated on your tax invoice.
- Usage records and download times may vary, and we cannot guarantee that all usage records during a billing period will be reflected on the corresponding bill. This is especially true for charges incurred during international roaming but also applies to other types of usage.
- Payments can be made through our available payment methods, subject to applicable service fees and charges. We will allocate your payments at our discretion towards outstanding tax invoices.
- If you have chosen to use our direct debit facilities and we have not received your payment by the due date, we reserve the right to debit your nominated account on or after the due date. We may continue to do so until all amounts due are paid. You will receive SMS or email notifications regarding the debits.
- If you have a reasonable claim or dispute with an invoice or debit, we will suspend our collection or recovery processes until a resolution has been reached. We will promptly reimburse any incorrectly debited amounts once the issue is resolved.
- All administration, registration, and setup fees are non-refundable. Equipment can be exchanged or refunded if it has not been opened or used and is returned to us within 30 days of purchase.
- If you require a printed copy of an invoice, an administration fee may apply based on your request.
- Accepted credit cards: Visa, Mastercard, American Express, Diners Club. Accounts paid with an American Express or Diners Club card will incur a surcharge of 3.02% and 2.75% (incl. GST) of the debited amount, respectively, when the card is charged.
- It is your responsibility to ensure that sufficient funds or credit are available in your nominated credit card or direct debit account when we initiate the debit. You must pay dishonor fees and any other charges, expenses, or losses resulting from unsuccessful debit attempts unless the failure was due to a clear error on our part. Dishonored checks will incur a $16.50 (incl. GST) handling charge, while Direct Debit rejections will incur a $10.00 (incl. GST) charge.
- You must inform us at least two weeks prior to the expiry date if your credit card is due to expire and provide us with details of a current credit card. Additionally, you are required to notify us of any changes or transfers regarding your nominated direct debit account or account details.
- If a customer provides a new credit card number or updates their credit card details, we will immediately debit the credit card for any outstanding amount owed or an amount of $1 if no balance is due. This debit serves to confirm the accuracy of the card number and CVC with the customer's financial institution. The CVC is not retained by us, and the received amount is credited to the customer's account.
- 13. Prepaid Visa/Master credit cards or gift cards will not be accepted by us.
- If you fail to make a payment due to us, we may, after providing appropriate notice, refer the debt to a third-party collections agent for collection purposes. You will be responsible for all costs, charges, and expenses we incur in recovering the debts owed to us, including accounting and mercantile agent costs, as well as interest.
11. Bank Account Direct Debit Terms
- If you have arranged to make payments through our Direct Debit Request ("Your Direct Debit Request"), this clause outlines the terms and conditions under which we accept and process debit transactions from your bank account through the Direct Debit System.
- We agree to abide by this clause upon receiving your complete Direct Debit Request, including all necessary details for initiating the debit transactions.
- In some instances, we may have requested an online or verbal declaration from you, granting us authorization to deduct funds from your bank account. By agreeing to this declaration, you will be considered as having "signed" a Direct Debit Request (DDR) Form. You also consent to the reproduction of this document from our electronic records, understanding that the reproduced document shall accurately represent the signed document in the absence of errors.
- If you are not the sole authorized account holder, individuals authorized to operate the bank account must complete and sign a DDR form before we can proceed.
- As the recipient of a Direct Debit Facility (DDF) from you, we will:
- Provide you with a monthly statement detailing the amounts debited under your Direct Debit Request.
- Provide written notice of at least 21 days if we intend to:
- Change the procedures outlined in this agreement.
- Modify the terms of your Direct Debit Request.
- Cancel your Direct Debit Request.
- Address any disputes raised regarding your Direct Debit Request as follows: We will investigate the dispute, and if an error is found, we will refund the disputed amount within 5 business days. If the disputed amount was debited correctly according to the terms of the Direct Debit Agreement, we will inform you of the outcome in writing within 5 business days.
- Not disclose any personal information provided under the Direct Debit Request, unless:
- You dispute any amount debited under your Direct Debit Request, and we need to disclose information related to your Direct Debit Request or the debited amount to the Financial Institution where your account is held or the Financial Institution sponsoring our use of the Direct Debit System, or both, or
- You provide consent for such disclosure, or iii. We are legally obligated to disclose that information.
- As the provider of the Direct Debit Facility (DDF), you:
- Authorize us to initiate debit transactions from your account in accordance with the terms of your Direct Debit Request and this agreement.
- Acknowledge that if the payment due date falls on a non-business day, we will initiate the debit transaction on the following business day. If unsure about the processing time of debit transactions on non-business days, you should directly inquire with your Financial Institution.
- May ask us to:
- Modify the terms of your Direct Debit Request.
- Postpone a payment scheduled under your Direct Debit Request.
- Stop a specific debit transaction. In such cases, you must arrange an alternative payment method at least 3 days prior to the due date, ensuring payment is received by the due date.
- Cancel all services, including your Direct Debit Request, by submitting a written request that includes your customer number and telephone number to us.
- Must promptly notify us of any disputed amount debited under your Direct Debit Request. You can notify us of the dispute by letter or fax, including your customer number and telephone number, along with details and reasons for the disputed payments. We will strive to resolve any disputes within 21 days. Disputes may also be directed to your own Financial Institution.
- Acknowledge your responsibility to ensure sufficient funds are available in your account by the due date for any debit transactions made under your Direct Debit Request, allowing us to obtain payment according to the agreed terms.
- Understand that if any of our attempts to initiate a debit transaction under your Direct Debit Request are rejected by your Financial Institution, we will recharge any dishonor fees incurred from the Financial Institution to your account. We will make two additional attempts to process outstanding amounts as per your Direct Debit Request. If these attempts fail, we will contact you via telephone or in writing to arrange alternative payment methods for the outstanding balance and establish a suitable payment method for future account payments.
- Recognize that not all accounts held with a Financial Institution are eligible for debit transactions through the Direct Debit System. Before providing your account details under the Direct Debit Request, it is your responsibility to verify the accuracy of those details against a recent statement from your Financial Institution.
12. Suspension/Disconnection of the Service
- If your fixed-term contract has ended or you are on a month-to-month contract, you or we have the right to disconnect the service and cancel the agreement at any time by providing a 30-day notice.
- In the event that you fail to comply with what we consider to be a significant term or condition of this agreement, or if you fail to comply with multiple less significant terms and conditions, we may suspend or disconnect your service or reroute calls from your service. Generally, we will notify you of the breach and allow a reasonable amount of time to rectify the issue. However, we reserve the right to suspend or disconnect your service without prior notice in the following situations:
- We observe unusual activity on your service, such as activity that indicates your service or connected equipment may be infected with a virus or other malicious software, or other activities that reasonably suggest fraudulent or illegal usage of the service.
- You have failed to make payment for charges within the specified timeframe and have not remedied the failure within a reasonable period determined by us.
- Your actions may pose a risk of damage to the service network.
- You are no longer approved by us, based on our assessment policies or other criteria, to receive the service.
- We receive instructions from a regulatory authority or enforcement agency to suspend or disconnect your service.
- We have reason to believe that you have used your service for unauthorized, criminal, or unlawful activities.
- You vacate the premises where the service is provided without prior notification.
- Technical issues or repairs are required for the service network.
- Compliance with our legal obligations necessitates suspension or disconnection.
- We are entitled to take such action under the specific terms and conditions of your plan or package.
- You engage in verbal abuse, threats, attempts, or actions that cause harm to our staff, equipment, or network infrastructure, or any of the service networks.
- In the following additional circumstances, we may suspend or disconnect your service(s) or reroute calls from your service(s), but we will provide reasonable notice before taking such action:
- If you have a mobile service and report the loss of your SIM card.
- If you have a mobile service that does not generate any toll charges within a three-month period.
- If you engage in activities that may cause damage to the service network.
- If you use the service in a manner that, in our opinion, violates the terms of the agreement.
- If you fail to comply with the terms outlined in a Plan Brochure or Service Description.
- Disconnection of one or more services included in a bundled offer(s) may result in the forfeiture of any discounts provided under such offers.
- During the period of suspension or disconnection, applicable fees and charges will continue to be applied. This will only occur if the suspension or disconnection is a result of your failure to fulfill your obligations under this agreement or if it is done at your request.
- If we disconnect your service prior to the expiration of the minimum term of your plan, you will be responsible for any outstanding fees and charges, including the remaining access fees on your plan and a plan cancellation fee if applicable. We will only impose a plan cancellation fee if you have failed to comply with a significant term or condition of our agreement.
- We shall not be held liable to you or any individuals making claims through you for any loss or damage arising from the suspension or disconnection of your service in accordance with this clause.
13. Force Majeure
- We shall not be held liable for:
- Any delays in the installation of any service.
- Any delays in rectifying any faults in any service.
- Failure or improper operation of any service.
- Any other delays or defaults in performance under this Agreement. Such circumstances shall be deemed beyond our reasonable control, including but not limited to: war, accidents, civil commotion, riots, military actions, sabotage, acts of terrorism, vandalism, embargoes, judicial actions, labor disputes, actions of government or government authorities, acts of God, earthquakes, fires, floods, plagues, or other natural disasters, computer viruses, hacker attacks, or failure of the internet, or any delays, failures, or defaults by any other suppliers.
14. Liability
- You may have certain rights and remedies under:
- The Competition and Consumer Act 2010 (Cth) and other applicable laws, which may imply certain conditions and warranties into this agreement; and
- The Customer Service Guarantee issued by the ACMA, which establishes minimum connection and fault repair times, and breach of which may entitle you to certain specified damages.
- We do not exclude, restrict, or modify those rights, remedies, or implied conditions and warranties.
- In cases where we are liable for any loss or damage resulting from the breach of any implied term, condition, warranty, or remedy under the Competition and Consumer Act 2010 (Cth), our liability is limited to either resupplying, repairing, or replacing the relevant service or equipment. This limitation does not apply if the service or equipment is not of a kind ordinarily required for personal, domestic, or household use or consumption and it is fair and reasonable to provide such remedies.
- It is important to notify us as soon as you become aware of or believe that you have a claim against us
- We are not responsible for any defamatory, offensive, or illegal conduct or material found in connection with our services, including conduct or material transmitted by any means by any other person.
- You agree to indemnify us against all actions, claims, suits, demands, liabilities, losses, costs, and expenses arising out of or in connection with your use of the service or the equipment in violation of the terms of this agreement.
- If there are multiple persons involved, your liability will be joint and several.
15. Assignment
- You have the option to transfer your rights and obligations under this agreement to other person(s) who have been approved by us in accordance with our assessment policies.
- We may, without your permission and without notice, make the following changes if we determine that it will not negatively impact you:
- Transfer our rights and obligations under this agreement to our designated party.
- Temporarily or permanently delegate our obligations under this agreement to our designated party.
- Novate this agreement to our designated party by terminating this agreement and entering into a new agreement between you and our designated party, with terms similar to this agreement.
- If any of the above actions are taken, the transfer, delegation, or novation will become effective upon the signing of the relevant document. You hereby grant us the authority to sign any necessary documents on your behalf to facilitate the transfer, delegation, or novation.
16. Governing Law
- This agreement is subject to and governed by the laws of the state or territory of Australia in which you normally reside. Both you and we agree to submit to the jurisdiction of the courts in that state or territory.
17. Meaning of Words
- The terms used in this agreement have the following meanings, 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 the 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 the 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 the rules we use to determine whether 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-line 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 the 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.
- GST Act means A New Tax System (Goods and Service Tax) Act 1999.
- GST Supply means a supply as defined in and which is subject to liability for GST under the GST Act.
- Hardware means the Call Saver Unit or any equipment that we may provide from time to time.
- Internet Service means connection to the global network of computers known as the internet using software protocols supported by us, plus any other services offered by us, including enhanced services.
- Mobile Network means the mobile network over which we supply the service.
- Mobile Service means the connection to the Mobile Network plus any other services offered by us, including enhanced services.
- Packagemeans a grouping of services and plans that are sold together under specific terms and conditions.
- Passwords means the personal information or security codes, such as your customer service account passcode or website password, used by us to confirm that an individual has the authority to inquire or transact on your account.
- Personal Information has the same meaning as defined within the Privacy Act 2000.
- Plan means your plan for each of the service(s), the terms and conditions of which may include a minimum term, monthly fees, and call charges as amended from time to time.
- Plan Brochure is any brochure or other document (including a webpage) that sets out the terms and conditions of a plan.
- Premium Services means content or information services charged at a flat or timed rate, such as picture, ringtone, and game downloads, and SMS messages to weather services, as well as psychic, voting, and competition lines. Premium Service phone numbers usually begin with 190 or an international prefix, while SMS numbers usually begin with 18 or 19.
- Primary Contact means the mobile or fixed-line service number, email address, or other specific contact designated by you and accepted by us to use as our primary means of contacting you in relation to your account.
- Priority Assistance means services offered to persons who are diagnosed with a life-threatening medical condition with a high risk of rapid deterioration to a life-threatening situation and where access to a telephone would assist in remedying the life-threatening situation.
- Service means any and all of the digital mobile phone services, fixed-line services, and internet services that we provide to you, including any enhanced services, and also includes our customer support services. Information on our services is available on our website.
- Service Network means the carrier of the telecommunications services sold to you by us and includes the mobile network.
- SIM Card means the subscriber identity module card, which the network owns but is provided to you to be placed into your mobile phone to enable you to access your mobile service.
- Tax Invoice Date means the date you are issued with a tax invoice containing a fee or charge.
- Third Party Content means products and information provided by third parties to you, which you can access through your service.
- Third Party Content Supplier means a party that provides third-party content to you through your service.
- Toll means making a voice call or SMS from your mobile service.
Complaint Resolution Process
At Capti, our primary goal is to provide exceptional service to our customers. If you have experienced a service that does not meet your expectations, we encourage you to voice your concerns by making a complaint.
Definition of a Complaint: A complaint is an expression of dissatisfaction directed to us regarding our products or the process of handling complaints. It is an expectation that you seek a resolution. Please note that reaching out to us for technical support or reporting a service issue may not necessarily be considered a complaint. If there is any uncertainty, we will kindly request confirmation if you wish to make a formal complaint.
Our Approach to Complaint Resolution: We are committed to treating your complaint with fairness and respect. Capti firmly believes that our Complaint Handling Process is the most efficient and effective means of resolving issues. We will dedicate our best efforts to address your complaint promptly and in accordance with this process.
How to Make a Complaint
If you need to make a complaint regarding your Capti service, we encourage you to reach out to our Level 1 support teams during operating hours. Here are the contact details for each team:
- Capti Technical Support team:
- Capti Customer Service team:
For the operating hours of our support teams, please visit our website at www.capti.com.au/contact
If your complaint remains unresolved after contacting our Technical Support or Customer Service teams, you have the option to escalate it to our Customer Relations team, who specialize in complaint resolution. You can contact Customer Relations directly using the following details:
Please let us know if you require any assistance
If you need help understanding this process or wish to make a complaint, kindly inform us.
You have the option to appoint an authorized representative or advocate to communicate with us on your behalf. However, to ensure your privacy, we will need your consent, either verbally or in writing, before proceeding. Please note that designating an authorized representative grants them the authority to contact Capti on your behalf and discuss account-related matters such as billing, contracts, technical issues, and account changes (excluding account cancellation). On the other hand, if you appoint an advocate, they can only act on your behalf and access your information when you are present to provide consent.
If you have a hearing or speech impairment, you can contact us through the National Relay Service. If English is not your first language, you can reach us through a language interpreter service or nominate someone to assist you. Please be aware that engaging third-party services may involve associated fees.
If you have any other special needs or disabilities, please inform us, and we will make every effort to support you. If you are facing financial hardship, please refer to our Financial Hardship Policy for information on how we can assist you.
What occurs when we receive your complaint:
Upon receiving your complaint, we will acknowledge it and provide you with a reference number. The acknowledgement will be provided:
- Immediately, if you contacted us by phone, or
- Within 2 working days for general complaints or within 1 working day for Urgent Complaints, if you contacted us by any other means.
If you believe your complaint is urgent, please refer to the Urgent Complaints section below.
Our goal is to investigate and resolve all complaints within the following timeframes:
- For Urgent Complaints, within 2 working days.
- For all other complaints, within 5 working days, except for cases involving complex matters, where we strive to resolve them within 15 working days.
If we anticipate that the resolution may exceed the aforementioned timeframes, we will contact you directly. We will discuss the reasons for the delay, provide a new timeframe, and inform you about external resolution options (if the delay is expected to surpass 10 working days).
In the event that we are unable to reach you through known methods of communication, we will send a written notification. This communication will inform you that you have 10 working days to respond before we consider the complaint closed.
Upon receipt of your complaint, we will appropriately classify it into one of the following categories:
- Billing or Contract Dispute: Complaints regarding billing, invoices, charges, fees, contract terms, and other financial disputes.
- Cancellation: Complaints pertaining to service suspension or termination.
- Equipment Order: Complaints regarding the ordering, delivery, or return of equipment such as modems or SIM cards.
- Point of Sale: Complaints concerning the sales or registration process.
- Privacy Issue: Complaints regarding the handling of customer information, spam, or unwanted calls.
- Provisioning: Complaints related to service activation or porting.
- Service Changes: Complaints about plan changes, service relocations or reconnections, and changes in account ownership.
- Staff: Complaints regarding the service provided by Capti representatives.
- Technical Issue: Complaints concerning the performance of Capti services or equipment, including faults and speed.
- Usage: Complaints regarding usage records or disputes for home phone, internet, and mobile services.
- General/Other: Complaints that do not fit into any other category.
Urgent Complaints:
Please inform us if your complaint requires immediate attention. Complaints will be considered urgent if:
- You have applied for or have been approved for Financial Hardship under our policy, and it is evident that the nature of your complaint will directly contribute to or worsen your hardship.
- Disconnection of a service is imminent or has already occurred without following the proper process.
Please note that we do not offer Priority Assistance. If you require Priority Assistance, Telstra is an alternative service provider that offers such assistance.
Urgent Complaints will be given priority over other complaints. If you contacted us by phone, we will acknowledge your Urgent Complaint immediately. If you reached out to us through other means, we will acknowledge it within 1 working day of receiving your Urgent Complaint.
Our goal is to resolve Urgent Complaints within 2 working days. However, if it appears that the resolution may exceed this timeframe, we will directly contact you to provide an update and discuss a new estimated timeframe.
If your complaint has not been categorized as urgent based on the aforementioned criteria, but you reasonably believe it should be, please notify us as soon as possible.
Methods to track the progress of your complaint:
We will provide regular updates regarding the status of your complaint. To inquire about the status, you can contact us via phone or email, providing your account details or the reference number assigned to your complaint.
Upon submitting or escalating your complaint, Customer Relations will provide you with their direct contact information for further communication.
If there are any reasons for delays in resolving your complaint, we will promptly inform you and provide a specific timeframe for its resolution.
When a complaint is resolved:
We will inform you of the outcome of your complaint, either verbally (via telephone) or in writing (via email). If you have a preferred method of contact, please let us know when you file your complaint.
Implementation of any proposed resolution is dependent on your acceptance. Once you have accepted the resolution, we will strive to implement it within 10 working days (or within 2 working days for Urgent Complaints), unless an alternative timeframe has been agreed upon or if the resolution requires your action and you have not yet completed it.
If your complaint has been escalated to Customer Relations, we will provide written follow-up correspondence confirming the date on which the resolution was implemented or will be implemented.
We will not close your complaint without your consent, except in the following circumstances:
- You have expressed dissatisfaction with the progress or resolution of your complaint, and in response, we have informed you of your options for external dispute resolution, including relevant avenues such as the TIO.
- We have been unable to contact you for more than 10 working days after making a written attempt to do so.
- After careful consideration, we have reasonably determined that your behavior or complaint is frivolous or vexatious (providing the reasons for this determination), and we have explained your options for external dispute resolution. If requested by you, within 5 working days of reaching this conclusion, we will provide written confirmation of these matters.
We will never cancel your services solely due to our inability to resolve your complaint to your satisfaction, should you choose to seek assistance through an external dispute resolution avenue.
Additional options for external dispute resolution:
Our goal is to address and resolve complaints through our Complaint Handling Process. We kindly request that you allow us the opportunity to explore all possible avenues to resolve your complaint. However, if you remain dissatisfied with our handling of your complaint and you have already escalated it within our organization, you have the option to seek complaint mediation or further assistance from the Telecommunications Industry Ombudsman (phone: 1800 062 058) or the fair trading department in your state or territory.