Foxtel Broadband & Home Phone Agreement Foxtel Home Phone Service Description Effective from 23 February, 2016
CONTENTS 1. ABOUT THIS SERVICE DESCRIPTION 1 2. FOXTEL HOME PHONE 1 3. PLANS 1 4. MINIMUM TERM 2 5. REQUIREMENTS AND RESTRICTIONS 2 6. SERVICE CONNECTION 3 7. EXTRAS 3 8. BUNDLE TERMS 8 9. FAULT RECTIFICATION 8 10. CALL TYPES 8 11. TELEPHONE NUMBERS 9 12. IP ADDRESSES 10 13. YOUR DETAILS AND THE INTEGRATED PUBLIC NUMBER DATABASE (IPND) 11 14. QUALITY AND PERFORMANCE 12 15. MOVING TO THE NBN & OTHER SERVICES OR PLANS 12 16. SERVICE CANCELLATION 13 17. CUSTOMER SERVICE GUARANTEE 13 18. CHECKING YOUR USAGE 14 19. PRIORITY ASSISTANCE 15 20. DEFINITIONS 15
1. ABOUT THIS SERVICE DESCRIPTION If you receive a Foxtel Home Phone service, this Service Description forms part of your Foxtel Broadband & Home Phone Agreement. This Service Description describes the Foxtel Home Phone service and sets out some of the terms on which we will supply the Foxtel Home Phone service to you. 2. FOXTEL HOME PHONE 2.1 Foxtel Home Phone Foxtel Home Phone service is a Standard Telephone Service that comprises: connection to the public switched telephone network; the ability to make and receive certain types of calls (subject to any conditions that may apply in respect of certain types of calls); a telephone number; the listing of that telephone number in a public telephone number directory, except if you request an unlisted (silent) telephone number; directory assistance services; operator services; Calling Line Identification and Voicemail; and additional value added services, if selected by you, such as Calling Number Display, Call Connect or other services made available by Foxtel from time to time (see clause 7 below for further details). 2.2 Network Boundary Point We are responsible for supplying Foxtel Home Phone service up to the Network Boundary Point in your Home. We are not responsible for anything on your side of the Network Boundary Point (except for faults caused by any Foxtel Supplied Equipment during its Warranty Period). You are responsible for everything on your side of the Network Boundary Point, including your telephone handset, but excluding faults caused by Foxtel Supplied Equipment during its Warranty Period. 3. PLANS We offer to supply the Foxtel Home Phone service in accordance with different Plans. You must choose to receive the Foxtel Home Phone service in accordance with one of these Plans. The Plans and pricing for the Foxtel Home Phone service are set out in the Price Guide. 1
4. MINIMUM TERM You can acquire the Foxtel Home Phone service for the Minimum Terms set out in the Price Guide. Your Minimum Term will be set out in your Application for the Foxtel Home Phone service as accepted by us or will be subsequently agreed with us in accordance with this Agreement. If you are receiving the Foxtel Home Phone service as part of a Bundle, your Minimum Term will be set out in your Application for the Bundle as accepted by us or will be subsequently agreed with us in accordance with this Agreement. 5. REQUIREMENTS AND RESTRICTIONS 5.1 Availability Selected areas Foxtel Home Phone service is only available in selected areas that are covered by the Supplier Network. If your Home is not located in an area in which we supply the Foxtel Home Phone service, we will not be able to supply a Foxtel Home Phone service to your Home. Network availability and capacity We can only supply the Foxtel Home Phone service to your Home where there is sufficient availability and capacity on the Supplier Network to so do. If there is insufficient availability and/or capacity on the Supplier Network to do so, we will not be able to supply a Foxtel Home Phone service to your Home. We can supply a maximum of three (3) Foxtel Home Phone services to your Home at any one time. Other factors There may be other commercial, operational or technical reasons why we cannot supply the Foxtel Home Phone service to your Home. If any of these reasons prevents us from being able to supply a Foxtel Home Phone service to your Home, we will notify you of those reasons. 5.2 Required Equipment In order to receive the Foxtel Home Phone service, you must install and operate all of the Required Equipment in accordance with our instructions. 5.3 Preselection To the maximum extent permitted by law, your Foxtel Home Phone service must be preselected to us for all call types (including national, calls to mobile and international calling). 2
This is a condition of our supply of the Foxtel Home Phone service to you. 5.4 No changes to your Service We may be required by law, not to permit any changes to your Foxtel Home Phone service during certain periods (eg during an NBN cease sale period). 5.5 Service moves If you wish to move your Service to another service provider, you must contact that new provider to organise the disconnection from us. If you wish to cancel your Service without moving to another provider, we will arrange the disconnection. 6. SERVICE ACTIVATION Where a performance standard under the CSG Standard applies in relation to the connection of your Foxtel Home Phone service, we will connect your Foxtel Home Phone service in accordance with that performance standard. The performance standards under the CSG Standard do not apply to all customers or in all circumstances. Please refer to clause 17 for more information. If the CSG Standard does not apply in relation to the connection of your Foxtel Home Phone service, we will use our best efforts to start supplying your Foxtel Home Phone service between 2 and 10 business days 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. If priority connect is available, and this will reduce your Service activation time, we may offer you this service. We will charge you an activation fee, as specified in the Price Guide, for activation of your Foxtel Home Phone service. An additional fee may apply for the priority connect service. 7. EXTRAS If you acquire any of the following Extras in connection with your Foxtel Home Phone service, then the terms in relation to that Extra will apply to you. All Extras may not be available with your Service at all times, due to technical or operational reasons. The types of Extras as well as the terms of supply, including the fees, may change from time to time due to changes in our arrangements with our Supplier. 3
Extras are available for purchase through www.foxtel.com.au/ myaccount or by calling 131 999. Pricing for all Extras is set out in the Price Guide. 7.1 Calling line identification (CLI) CLI is included in your Foxtel Home Phone service. CLI is data generated and sent over a telecommunications network every time a call is made. CLI includes the calling party s telephone number, the called party s telephone number, the date, time and duration of the call, and the routing of the call. Every time you make a call using Foxtel Home Phone, your CLI will be presented to the called party and the called party may be able to see your telephone number using CND, unless you have chosen to block your CLI. You can choose to block your CLI, in which case your CLI will not be presented to the called party and the called party will not be able to see your telephone number using CND. If you want to block your CLI, please call us on 131 999. You cannot block your CLI: for calls made to emergency services numbers (e.g. 000); and for calls made to other carriage service providers, where CLI is used for the purposes of fraud prevention, billing, call management or credit control. 7.2 Voicemail Foxtel Voicemail is included in your Foxtel Home Phone service. Foxtel voicemail records messages left by callers to your Foxtel Home Phone service. The messages are stored in a mailbox so you can retrieve them by dialling 125101 from your Foxtel Home Phone service. You know you have a message waiting when you hear a special dial tone. You can have one mailbox Foxtel Home Phone service which stores up to 10 messages of up to 1 minute each. New messages are kept for 7 days, and retrieved messages are kept for 3 days, unless you delete them. 7.3 Calling Number Display (CND) CND allows the called party to see the telephone number of the calling party, provided that the called party is receiving a telephone service and using telephone equipment that supports CND, the calling party has not blocked its CLI and there is no technical impediment in sending the CLI. 7.4 Silent Number If you have chosen the option for an unlisted (silent) number we will not list your name, address or Foxtel Home Phone service number 4
in the telephone directory. We will not disclose your Foxtel Home Phone service number through directory assistance. 7.5 Call Waiting Call waiting tells you if there is another call when you are already on a call. A tone alerts you to the new call allowing you to put your first caller on hold while you answer the new caller. Call Waiting is available in most areas of Australia. If you have a new Foxtel Home Phone service, Call Waiting will be automatically turned on. To access this Extra, you must have a handset which supports tone (DTMF) dialling, have a push button keypad including * and # buttons and have a time loop break (that is, a recall or flash) button. 7.6 Call Return Call return allows you to retrieve the number of your last unanswered call and return it, if you choose. You cannot use call return on selected advanced features or if we have restricted your Foxtel Home Phone service due to late payment. To access this Extra, you must have a handset which supports tone (DTMF) dialling, have a push button keypad including * and # buttons and have a time loop break (that is, a recall or flash) button. 7.7 Call forward There are 5 kinds of call forward services. Call forward immediate this forwards all calls to your Foxtel Home Phone service to another number. Call forward busy this forwards calls to your Foxtel Home Phone service to another number when your Home Phone is busy. Call forward no answer this forwards calls to your Foxtel Home Phone service to another number when your Foxtel Home Phone service does not answer. Call forward selected callers - this forwards calls from up to 15 set calling numbers to another Basic Telephone Service. This Call Forward option is only available to you if you have transferred a service from Telstra and maintained this as an option. Call forward set the time - this forwards all calls to your Foxtel Home Phone service at particular times forwarded to a number you set. This Call Forward option is only available to you if you have transferred a service from Telstra and maintained this as an option. To manage this feature you must have a handset which supports tone (DTMF) dialling, have a push button keypad including * and # buttons and have a time loop break (that is, a recall or flash) button. You can call forward to standard Australian landline numbers and/ or to standard Australian mobile numbers. 5
7.8 3-Way Chat 3-Way chat allows Foxtel Home Phone service customers to you place a call on hold, make a second call to a standard Australian landline number or a standard Australian mobile number and join the two calls in a three-way conference call. To access this features, you must have a handset which supports tone (DTMF) dialling, have a push button keypad including * and # buttons and have a time loop break (that is, a recall or flash) button. 7.9 SMS The short message service (SMS) for Foxtel Home Phone service lets you send a short text message from or receive a short text message on your Foxtel Home Phone service. You can send a SMS to: another Foxtel Home Phone service which is compatible with SMS; or a Telstra mobile service or a mobile service which is on the Telstra network. You cannot send a SMS to: a premium SMS service; or a 13x, 1300x or 180x service. To the extent permitted by law, we cannot promise that the SMS will be continuous or fault free and we cannot promise that you will be able to receive, send or reply to a text message from your Foxtel Home Phone service. To access this features, you must have a SMS compatible handset. 7.10 Number Redirection Number Redirection is for customers who have to receive new numbers because of technology changes within our Supplier Network or because they have moved to premises connected to a different telephone exchange. To ensure that we can setup a Number Redirection you should apply for a Number Redirection at the same time that you request to cancel or change your old number. You can only request a Number Redirection for a number that you are the account holder of. 7.11 Call Control Call control allows you to turn on or off preset call barring options. These barring options include: 1800 Calls Local Calls Only Local & Operator Calls Local, National, Operator & Extras Local, National, International & Extras 6
Local, National & Extras Local, National & Operator Local, National, Operator & Extras 7.12 Delayed Hotline Delayed hotline dials a preset number from your Foxtel Home Phone service if no number is dialled within a preset time of establishing a dial tone. 7.13 Phone & Fax Line Phone & Fax Line gives you a second telephone number, in addition to your Foxtel Home Phone service number. The second telephone number has a distinctive ring and enables your compatible fax machine to distinguish the receipt of faxes from voice calls. All charges for Phone & Fax Line (including monthly fees and call charge) will bill against the primary number. Any calls made on the Phone & Fax Line will be charged as per your standard call rates. If you take an Unlimited Mobile and National Calls Pack or International Calling Pack on your Foxtel Home Phone service number calls made on your second line will not apply to these offer rates. To take Phone & Fax Line both your second line and your Foxtel Home Phone service number must be preselected to us for Local, National, calls to Mobile and International calling. 7.14 Remote access Remote access lets you make changes to some of your Foxtel Home Phone service Extras. To access this Extra, you must have a handset which supports tone (DTMF) dialling, have a push button keypad including * and # buttons and have a time loop break (that is, a recall or flash) button. 7.15 Multiple Number Multiple Number gives you a second telephone number, in addition to your Foxtel Home Phone service number. When the second telephone number is called, your Foxtel Home Phone service rings differently. All charges for Multiple Number (including monthly fees and call charge) will bill against the prime number. Any calls made on the Multiple Number will be charged as per your standard call rates. 7
If you take an Unlimited Mobile and National Calls Pack or International Calling Pack on your Foxtel Home Phone service number calls made on your second line will not apply to these offer rates. To take Multiple Number both your second line and your Foxtel Home Phone service number must be preselected to Foxtel for all calls (Local, National, Mobile and International calling). 7.16 Unlimited Mobile and National Calls Pack The Unlimited Mobile and National Calls Pack is an Extra which can be added to a Foxtel Home Phone service and provides unlimited calls to standard Australian mobile and standard National numbers. The use of the Unlimited Mobile and National Calls Pack is subject to the Foxtel Fair Use Policy 7.17 International Calling Pack The International Calling Pack is an Extra which can be added to a Foxtel Home Phone service and provides special call rate international calling rates to 25 landline destinations and mobiles in 5 selected destinations The use of the International Calling Pack is subject to the Foxtel Fair Use Policy. 8. BUNDLE TERMS If you acquire your Foxtel Home Phone service as part of a Bundle, then these Bundle Terms will apply to you. The Foxtel Home Phone service must be supplied to the same physical address as all other Services in the Bundle. All Foxtel Services that form part of a Bundle must be billed in the one Foxtel bill. There is a limit of one Foxtel Home Phone service per Bundle. 9. FAULT RECTIFICATION & SUPPORT Where a performance standard under the CSG Standard applies in relation to the rectification of faults with your Foxtel Home Phone service, we will rectify that fault in accordance with that performance standard. The performance standards under the CSG Standard do not apply to all customers or in all circumstances. Please refer to clause 17 for further information. 10. CALL TYPES 10.1 Call Types The call types available using the Foxtel Home Phone service are as follows. 8
Local Calls National Calls International Calls International Mobile International Inmarsat 13 Calls Foxtel To Foxtel Local Foxtel to Foxtel National Foxtel to Foxtel 13 Numbers Telstra Mobile Australian Mobile Special Calls Special Pre Rated Calls to Directory Assistance 19x calls 1800 Reverse Sensis Calls SMS Call Return Auto Callback calls 3-Way conf calls Telstra Satellite Optus Satellite Other Services 10.2 Emergency service calls All calls made to emergency service numbers (e.g. 000) will be routed to the Supplier Network. We will not restrict or suspend supply of your Foxtel Home Phone service in a way that prevents you from making emergency service calls using your Foxtel Home Phone service. 11. TELEPHONE NUMBERS 11.1 Telephone number for your Foxtel Home Phone We will allocate you a telephone number for use in connection with your Foxtel Home Phone service, unless you have chosen to port your existing telephone number from another service provider to us and we have accepted that port, in which case we will use your existing telephone number in connection with your Foxtel Home Phone service. See clause 12 for details regarding porting of existing telephone numbers. 11.2 Special requests for telephone numbers You can request that we allocate you a specific telephone number for use in connection with your Foxtel Home Phone service or reserve a specific telephone number for future use in connection with your Foxtel Home Phone service, but we are under no obligation to fulfil any such requests. If we choose to do so, we may charge you a number allocation 9
charge or a number reservation charge, as applicable. 11.3 Reallocation, suspension and withdrawal of telephone numbers We may change, reallocate, suspend or withdraw the telephone number we have allocated to you for use in connection with your Foxtel Home Phone service. We will only do this if we are required or permitted to do so by law. If we do this, we will give you as much prior notice as is reasonably practicable in the circumstances. 11.4 Unlisted (silent) telephone numbers If you wish to change your existing telephone number to a listed telephone number or unlisted (silent) telephone number, please call us on 131 999. By default, your telephone number will be a listed telephone number, meaning that it will be listed in public telephone number directories and discoverable through directory assistance services. Pricing for unlisted (silent) numbers is set out in the Price Guide. 12. IP ADDRESSES 12.1 About porting Local number portability is a scheme that gives you the option of keeping your existing telephone number when you change the service provider of your Standard Telephone Service. This process is known as porting. 12.2 How we handle porting We will handle the porting of your existing telephone number from another service provider to us in accordance with the relevant industry codes. 12.3 How to port your existing telephone number to us If you want to port your existing telephone number from another service provider to us, you must ensure that all information provided to us in relation to your port is accurate, complete and up-to-date, and is not misleading. During the porting process, you may experience a brief interruption of supply of your Foxtel Home Phone service. You must not disconnect your existing Standard Telephone Service being supplied by your other service provider during the porting process. If your existing Standard Telephone Service is disconnected for any reason during the porting process, you will lose your rights in respect of your existing telephone number and we will not be able to port your existing 10
telephone number from your other service provider to us. Your other service provider may charge you fees when you change the service provider of your Standard Telephone Service, including administrative fees for porting your existing telephone number and for early termination if you cancel your Standard Telephone Service during an agreed fixed term. We are not responsible for payment of those fees. We reserve the right to reject the porting of your existing telephone number from your other service provider to us, including for commercial, operational and technical reasons. If we reject the porting of your existing number, we will notify you and allocate you a new telephone number in connection with your Foxtel Home Phone service in accordance with clause 11. 12.4 How to port your telephone number to another service provider If you want to port your existing telephone number from us to another service provider, you need to arrange this with that service provider. 12.5 Excluded ports, transfers We will only port or transfer standard residential telephone numbers, except in limited circumstances. We will not port or transfer complex business set ups which may include multiple numbers. We will not accept porting or transferring of the following number types: 1900 numbers; 1800 numbers; and 1300 numbers. 13. YOUR DETAILS AND THE INTEGRATED PUBLIC NUMBER DATABASE (IPND) We will provide your name, address, telephone number and other details to the integrated public number database (IPND), even if you have requested an unlisted (silent) telephone number. We are required by law to do this. The IPND is used for various purposes, including publishing public telephone number directories, providing directory assistance services, operating emergency call services, assisting law enforcement agencies and safeguarding national security. The IPND is kept and maintained by our Supplier. We are not responsible for the IPND or any breach by our Supplier of any its obligations in respect of the IPND, including any unauthorised disclosure of your information in a public telephone number directory or through the provision of 11
directory 14. QUALITY assistance AND services. PERFORMANCE The supply of your Foxtel Home Phone service and your access to telephony services will not be continuous, fault-free, accessible or available at all times. 15. MOVING TO THE NBN & OTHER SERVICES OR PLANS We may elect to move your Foxtel Home Phone service to another Service or Plan, including a Foxtel Home Phone on NBN service (if available), that we believe is reasonably comparable to your current plan, by giving you at least 30 days notice. If we elect to move you to another Service or Plan (other than to migrate you to a Foxtel Home Phone on NBN service) and this move adversely affects you (other than in a minor way), you may cancel your Service provided you notify us of your intention to do so within 14 days of receiving our notice regarding the move. If you cancel in this way, you will not need to pay any otherwise payable Early Termination Fee. If we notify you of our intention to migrate you to a Foxtel Home Phone on NBN service and you do not wish to migrate to the NBN with us, you must notify us of this within 14 days of receiving our notice regarding the proposed move. If you provide this notice we will continue to provide your Foxtel Home Phone service to you until we are required by law to disconnect this Service and move you to the NBN or you cancel this Service. If you cancel in this way, you will need to pay any applicable Early Termination Fee unless this move to the NBN adversely affects you (other than in a minor way). We may be required by law to disconnect your Service, even during the Minimum Term for that Service. If your Service is disconnected, there may be a delay in the provision of a new service on the NBN due to third party suppliers. If we migrate you to a Foxtel Home Phone on NBN service, we will use our best efforts to minimise any disruption to your Internet access during this transition. To do so, we may overlap supply of your existing Foxtel Home Phone service with supply of your new Foxtel Home Phone on NBN service. If this is not practicable, we may cancel and stop supplying your existing Foxtel Home Phone service before we start supplying your new Foxtel Home Phone on NBN service. For certain NBN technologies, excluding FTTP, you will require a new Foxtel Hub to access your Foxtel Home Phone on NBN service. 12
16. SERVICE CANCELLATION 16.1 Cancellation You can cancel your Foxtel Home Phone service by notifying us, in which case we will stop supplying each cancelled Foxtel Home Phone service on the date agreed with you, or if no date agreed then immediately after the end of the Bill Period in which you made your request to cancel. You will be liable to pay all fees for each cancelled Foxtel Home Phone service up to (and including) the date on which we stop supplying that cancelled Service. You may have to pay the Early Termination Fee for each cancelled Service in accordance with clause 2.6 of the General Terms. 16.2 Effect of cancellation on supply of your ADSL Internet access service If you are receiving an ADSL Internet access service over the telephone line over which you are receiving Foxtel Home Phone service (such as Foxtel Broadband on ADSL or any ADSL Internet access service provided by another service provider), you may no longer be able to receive that ADSL Internet access service immediately after we stop supplying your Foxtel Home Phone. We are not responsible for your inability to receive any such ADSL Internet access service after we stop supplying your Foxtel Home Phone. If you have any questions about this, please contact us or your ADSL Internet access service provider. 17. CUSTOMER SERVICE GUARANTEE The CSG Standard establishes performance standards in relation to the connection, the rectification of faults and service difficulties and the keeping of appointments in relation to the supply of Specified Services. To the extent that we are supplying you a Specified Service as part of your Foxtel Home Phone service, we will supply those Specified Services in accordance with the performance standards under the CSG Standard. The performance standards do not apply where: you have validly waived your rights and protections granted to you by the CSG Standard in relation to your Foxtel Home Phone service; or we make a reasonable offer to supply you with an interim service or alternative service and you refuse to accept that interim service or alternative service; or 13
we offer you an interim service or alternative service and give you sufficient information about their respective terms and functionality for you to make an informed decision, and you accept the interim or alternative service. The performance standards are also subject to a range of exemptions, including where: you are being supplied with more than five Standard Telephone Services; where our failure to comply with a performance standard is the result of maintenance or upgrading of a facility or network, subject to certain conditions; or where our failure to comply with a performance standard is a result of circumstances beyond our reasonable control, subject to certain conditions (please refer to the information on mass disruptions on the Foxtel Website); or you fail to keep an appointment with us or our Supplier without giving at least 24 hours notice; or you have not co-operated or have denied us or our Supplier access to your Home in connection with your Service. You may also request, or agree with us, that different performance standards apply to those under the CSG Standard. If we fail to achieve an applicable performance standard and none of the exemptions apply, you may be entitled to receive financial compensation. The amount of financial compensation is specified in Schedule 2 of the CSG Standard. If you are entitled to receive financial compensation, then we will apply this to your bill. If you have any questions about the CSG Standard, including whether you might be eligible to receive financial compensation, please refer to the information on the CSG Standard on the Foxtel Website or contact us. If you would like to know more about the CSG Standard, visit the Australian Communications and Media Authority at www.acma.gov.au. 18. CHECKING YOUR USAGE You can check your usage of your Foxtel Home Phone service through your Online Account. This usage information is usually updated every 24-48 hours. Certain services may not be included in this usage information: please refer to the Foxtel Website for details of these, if any. 14
19. PRIORITY ASSISTANCE Priority Assistance is an additional service that provides enhanced connection, fault rectification and reliability for people who have (or are living with a person who has) a diagnosed life-threatening medical condition. Priority Assistance customers are entitled to the highest level of service practically available for the connection and rectification of faults, and receive certain assurances in respect of service reliability, in relation to their fixed line Standard Telephone Service. We do not provide Priority Assistance in connection with the Foxtel Home Phone service. If you require Priority Assistance, please contact us and we can direct you to a service provider who can supply you with a fixed line Standard Telephone Service with Priority Assistance. 20. DEFINITIONS In this Service Description, where a word or phrase is capitalised and defined in: the Definitions section of the General Terms, that word or phrase will have the meaning given to it in that Definitions section; or this clause 20, that word or phrase will have the meaning given to it in this clause 20. CLI means calling line identification, which is discussed in clause 7.1. CND means calling number display, which is discussed in clause 7.3. CSG Standard means the Telecommunications (Customer Service Guarantee) Standard 2011 (Cth). Information on the CSG Standard can be found on the Foxtel Website. IPND means integrated public number database, which is discussed in clause 13. Network Boundary Point, in respect of your Home, means the Network Boundary Point determined under section 22 of the Telecommunications Act 1997 (Cth). Priority Assistance means the service described in clause 19. 15
Required Equipment, in respect of the Foxtel Home Phone service, means: a telephone handset; and where an ADSL Internet access service is being supplied over the telephone line over which you are receiving the Foxtel Home Phone service, an ADSL filter for that telephone handset. Specified Service means a Standard Telephone Service and the following enhanced call handling features: call waiting, call forwarding, call barring (not including blocking that has been programmed on the entire network), calling number display and calling number display blocking. Standard Telephone Service has the meaning given to that term in the Telecommunications (Consumer Protection and Service Standard) Act 1999 (Cth). 16
For all enquiries call 131 999 FX03993 0216