Telco Preselection Terms and Conditions

1. General
   1. By accepting the supply of the Business Preselection Service, you accept these terms and conditions. You acknowledge that the terms and conditions, including relevant Charges, may be varied from time to time by Independent Computer Retailers (ICR) Pty Ltd ("ICR") giving you not less than 14 days written notice.
2. The Service
   1. ICRnet Preselection is a telephony service by which your national long distance calls, calls to mobiles, and international calls will be carried by ICR and includes ICR Telco Override. Telco Override enables you to dial, or have programmed into your PABX an override access code (1423). If the Override Code is used, in addition to long distance calls, calls to mobiles, international calls, local calls will be carried by ICR.
   2. Telco Preselection and Telco Override will not permit carriage of calls to Freephone Services (18), Local Rate Services (13), Premium Rate Services (19), Data Services (0198), Satellite Mobile Services (014), Calling Card Services (189), Paging Services (016), VPN Services (188), and UPT Services (05). You acknowledge that ICR may use the services of another carrier in supplying the Services.
3. Use of the Service
   1. You must not use the Service in any way which would constitute a breach of the law, including without limitation by making hoax, threatening or abusive calls.
4. Charges & Billing
   1. The Service may be subject to an optional Minimum Monthly Spend and contract term ("Minimum Service Period") as stated on the order form.
   2. You will be charged for all calls from the specified service numbers carried (whether such calls were made with your authority or not) based on the rates specified on the Rate Card. ICR may from time to time provide to you an updated Rate Card, which will take effect 14 days after the date ICR issues the updated Rate Card. The Minimum Monthly Spend will be payable regardless of the number of calls that have been made using the Service.
   3. ICR will bill you on a monthly basis. Bills must be paid within 14 days of the date of the bill. Payment must be made in full by cash, cheque, credit card, direct debit or other methods permitted by ICR.
   4. ICR may charge a late payment fee on any overdue amounts. In addition, ICR may impose an administrative fee to cover its reasonable expenses and costs incurred in enforcing any failure or delay in your payment, This may also include reconnection fees where services have been suspended or cancelled.
5. Privacy
   1. Personal information that ICR collects from you is collected for the primary purposes of enabling ICR to supply services to you and for the administration of your account with ICR, including creditworthiness assessment billing and debt collection.
   2. You agree that ICR may release your personal information and other information provided to us by you to another carriage service provider if that release is required to enable ICR to supply the services to you and to a credit reference agency in connection with ICR obtaining from or supplying to that agency information about your creditworthiness.
6. Period Of Agreement
   1. This Agreement shall commence on the date your application is accepted by ICR and shall continue until terminated in accordance with these terms and conditions. The Minimum Service Period shall commence on the date the Service is activated. If during the Minimum Service Period this Agreement is terminated by you or is terminated by ICR, you will pay to ICR an Early Termination Charge calculated by multiplying the Minimum Monthly Spend by the number of months between the date of termination and the expiry of the Minimum Service Period.
7. Service Suspension and Termination
   1. ICR may terminate this agreement by providing you not less than 30 days written notice. You may terminate this agreement at any time by giving us written notice but, if the termination is during the Minimum Service Period, you will be liable to the Early Termination Charges.
   2. ICR may by written notice immediately suspend supply of the Service to you and/or terminate this agreement if:
      1. You fail to pay by the due date any charges payable for the Service and fail to rectify that default within 7 days of receiving from ICR a written notice requiring you to do so;
      2. You are declared bankrupt or die or if a receiver, liquidator, provisional liquidator or administrator is appointed you.re your undertakings or assets and that appointment continues for a period of 5 Business Days, or if you enter into any arrangement with any of your creditors or any class of such creditors or if you cease to carry on business;
      3. ICR has reasonable evidence that you have breached clause 3 of this Agreement.
8. Liability
   1. ICR does not warrant that the Service will be uninterrupted or fault free.
   2. ICR excludes any liability to you for any indirect or consequential loss, costs, or damage (including, but not limited to, loss of profits, loss of revenue, and expectation loss) arising out of this Agreement, including, but not limited to, ICR's supply of (or failure to supply) the Service, whether arising as a result of any act, omission or negligence of ICR or otherwise.
   3. To the maximum extent permitted by law, ICR limits its liability to you for any liability which may arise out of or in relation to this Agreement, (whether based in contract, tort, including negligence, or statute) to an amount in aggregate for all claims which is the amounts paid by the Customer for the Services under this Agreement.
   4. You indemnify us against any loss or damage we may suffer as a result of your use or attempted use or any use of the Service.
9. General
   1. Headings are for ease of reference only and not as an aid to interpretation.
   2. The Customer may not transfer legal responsibility for the Service without ICR.s written consent.
   3. The Customer acknowledges that where ICR requires the consent of the Customer to undertake certain actions, then provided ICR acts in good faith, ICR may rely upon the authority of any employee of the Customer who warrants that he or she is authorised to provide that consent on behalf of the Customer.
   4. ICR may set off or apply any credit balance in any of your accounts with ICR or any amounts owed by ICR to you against any amount due and payable by you to ICR.
   5. Failure by either party to exercise or enforce any right conferred by this Agreement will not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement of the right or of any other right on any later occasion.
   6. If part or all of any clause of this Agreement is illegal, invalid or unenforceable it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable or if this is not possible, the affected clause or part will be severed from this Agreement, the remaining provisions of this Agreement will continue to have full force and effect and the parties will attempt to replace that severed part with a legally acceptable alternative clause that meets the parties' original intention in relation to the subject matter severed.
   7. The Agreement constitutes the entire agreement between the parties as to its subject matter and supersedes any prior understanding or agreement between the parties (including any Memorandum of Understanding) and any prior condition, warranty, indemnity or representation imposed, given or made by ICR.
   8. The Agreement is governed by the laws applicable in the State of New South Wales in the Commonwealth of Australia and each party irrevocably submits to the non-exclusive jurisdiction of the courts of that State.