The terms and conditions outlined below are for the purpose of section 479 of the Telecommunications Act 1997 (Cth).
These terms and conditions apply to all dealings between Babelfish Communications and their clients, either personally or on behalf of the company they represent.
Any customers or clients engaging BabelFish Communication with any orders for service or if a client or customer accepts and pays for any service with BabelFish Communications, it will be taken as an acceptance of these terms and conditions.
Unless otherwise agreed between BabelFish Communications and their client, any works requested by the client will not commence until any required fees or deposits payable in respect of such services be have been paid. BabelFish reserves the right to withhold delivery of services until any outstanding invoices have been paid.
BabelFish Communications can change these terms and conditions at any time without notice to the client provided the changes are not detrimental to the client or if a change is a requirement by law. If BabelFish Communications is required to make a change to these terms and conditions which is detrimental to the client (such as a price increase), BabelFish Communications will notify the client in writing at least 21 days before any changes come into effect. Any continuation of payment following changes to these terms and conditions will be construed as an agreement by the client to be bound by the amended terms and conditions.
To purchase services with BabelFish Communications a client must be eighteen years of age and provide acceptable identification to this effect. BabelFish Communications reserves the right to refuse our services to any client.
BabelFish Communications work with several suppliers to provide their services. By ordering a service with BabelFish Communications the client acknowledges that BabelFish Communications operations are dependent on related services provided by third party suppliers. In many cases, BabelFish Communications are bound by the terms and conditions of relevant suppliers, including ‘no refund’ policies. Any request by a client instructing BabelFish Communication to obtain goods and services on their behalf will be taken as the client’s agreement to the relevant third party terms and conditions. BabelFish Communications does not control and is not responsible for any interruption, degradation or failure of service to the extend it is caused or contributed to by third party suppliers.
Part 5 of the Telecommunications (Client Service Guaruntee) Standard 2011 (CSG) permits BabelFish Communications to ask that you waive the protections and right provided for under the CSG. The CSG contains performance standards which carriage service providers, such as BabelFish Communications, are required to fulfill (unless the Client has waived these performance standards). More information in relation to the CSG is available on the Australian Communications and Media Authority’s website (www.acma.gov.au).
Our Services cost significantly less in comparison to equivalent Standard Telephone Line services provided upon the public switched telephone network or other equivalent services. BabelFish Communications is only able to provide such pricing if we are not required to meet the CSG performance standards.
While we endeavour to provide you with the highest level of service possible, we require our Clients to waive their rights under and in respect of the CSG.
By engaging the services of BabelFish Communications, it will be taken that you the client waive all of the rights conferred by the CSG, including the performance standards that apply to the supply of specific services, the obligations of the provider under those standards, the Clients entitlements to damages under the Telecommunications (Client Protection and Service Standard) Act 1999 for contravention of the performance standards and on request, provide information to the client about a performance standard. By engaging BabelFish Communications, the client also waives the rights of any guaranteed maximum service connection periods, guaranteed maximum fault rectification periods and making and changing appointment in the following circumstances as set out in the CSG.
By accepting services or engaging BabelFish Communication to provide services to you, you the client waive your right under the CSG under these terms and conditions, and you will not be able to claim compensation from BabelFish Communications for any failure to meet the prescribed performance standards in relation to the supply of our services. This waiver will be in effect from the start date of your relationship with BabelFish Communications and will continue until such time as the services are cancelled by the client or BabelFish Communications.
By engaging BabelFish Communications to provide telecommunication services, the client agrees to pay BabelFish Communication for their services. Unless otherwise arranged, all invoices supplied to clients must be paid within the timeframes set out in the invoice. Clients can access itemised bills for relevant billing periods by requesting the information from BabelFish Communications. All bills will be supplied to the client’s email address as a PDF attachment. Failure to inform BabelFish Communications of a change of email address may result in late charges being applied to the client’s account should payment not be received by the due date on the invoice.
Should the client not pay the amount displayed on the invoice by the due date of the invoice, BabelFish Communications may charge the client interest on the amount of the invoice at a rate of 10% per month, calculated on a daily basis. Should a debt owed to BabelFish Communications by the client remain outstanding for an unreasonable amount of time, BabelFish Communications may engage third party debt collection services to recover outstanding amounts. Should an account be referred for debt collection, the Client must also pay any costs, including legal costs, incurred in recovering the amount due or enforcing any of its rights under these terms and conditions.
The Client agrees to use the service in accordance with all applicable laws and follow all directions issued by the relevant authorities, as well as any rules imposed by any third party whose content or service the Client accesses using BabelFish Communications’ service or whose network the Client’s data traverses, while following all reasonable directions issued by BabelFish Communications, such as directions BabelFish Communications is required to issue by its suppliers or by following the law.
The Client will not use a BabelFish Communications to engage in defamatory, offensive, abusive, indecent, menacing, unwanted or otherwise behaviour which is prohibited by law, including engaging in misleading or deceptive business or marketing practices, fraudulent or illegal activity, or act in a way which incites discrimitation, hate or violence towards a person or group of people based on their ethnicity, religion, gender, sexuality or nationality.
Clients are prohibited from acting in any way which damages, interferes with or interrupts the services provided by BabelFish Communications or the network used to supply the service, resell, distribute or reproduce any part of the service or operate a contact center, telemarketing business or similar without BabelFish Communication’s prior written approval, or to disguise the origin of a communication, or by using numbers that begin with ’13’, ‘1300’ or ‘1800’ to make indirect calls through other service providers, including calling card providers.
BabelFish Communications may take all reasonable steps to ensure compliance of the above directions, should the Client fail to comply, BabelFish Communications may restrict, suspend or cancel the service without further notice to the Client. BabelFish Communications may also notify the relevant authorities.
By engaging BabelFish Communications, the Client acknowledges that BabelFish Communications may block access or restrict a service (other than an emergency number or service) if required for technical, operational or commercial reasons. The Client acknowledges that – other than specific business numbers which will be designated as such – the Client does not own the telephone numbers or any part of the service BabelFish Communications provides. BabelFish Communications may change, withdraw or reset a number to comply with any lawful direction, direction by a supplier or in compliance with the Telecommunications Numbering Plan or direction from the ACMA.
To the maximum extent permitted by law, the maximum aggregate liability of BabelFish Communications to the Client in respect of loss or damage sustained by the Client under or in connection with these terms or conditions of through the use of services provided by BabelFish Communications is limited to the total fees paid to BabelFish Communications by the Client in the 3 months preceding the first event giving rise to the relevant liability.
The Client agrees at all times to indemnify and hold harmless BabelFish Communications and its officers, employees and agents from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of BabelFish Communications and its officers, employees and agents where such loss or liability was caused or contributed to by the Client or the Client’s officers’, employees’ or agents’ breach of any term of these terms and conditions or is negligent, fraudulent or criminal act or omission.
BabelFish Communications will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with these terms and conditions or any goods or services provided by BabelFish Communications, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.
BabelFish Communications – in addition to other termination rights outlined in these terms and conditions – may terminate any services provided to the Client with reasonable notice if BabelFish Communications suspends the services to the client for more the 14 days, an event beyond the control of BabelFish Communications prevents BabelFish Communications from providing services to the Client for more than 14 days, or BabelFish Communications has a reasonable suspicion that the Client – or a person the Client has allowed to use the service – is misusing the service or is not authorized to use the service.
The Client may terminate their service with BabelFish Communications at any time by providing written notice. The Client may also terminate their services with BabelFish Communications under the laws in force in their state or territory in which the client resides, and nothing in these terms and conditions limits or excludes any of the Client’s rights or other rights under such laws.
Upon termination of services provided by BabelFish Communications, the client must pay all amounts owed for services provided as at the date of termination and any fees paid by the Client are non-refundable. No rights, liabilities or remedies of any party will be invalidated by the termination.
