using or subscribing to Interwerks you are subject to the
following terms and conditions:
1.1 "Interwerks", "our", "us",
"we", "system" or "service"
refers to Interwerks Pty Ltd, its networks, its systems and its
1.2 "You" or "your" refers to any
subscriber, customer, member, person, corporation or device
that connects to Interwerks for the purpose of gaining
access to the service and the system refers to any computer,
network, concentrator, telephone, mobile telephone, PSTN
line, terminal, or device that is used by Interwerks to
supply the service.
2. Our Policy
(a) We provide Telephone & Internet services for the
family, home user and small business at the same price
Australia with great "value for money" and
"affordable" services that everyone can enjoy.
(b) Our services are designed to be shared by you in a fair
and equitable manner and not to be monopolized or abused by
you at the expense of others.
(c) Our Customer Service staff are there to help and assist
you to find the resources or information required and to
make your Telephone & Internet experience with us more
pleasurable. We are unable to assist you with any support,
repair or training for services or software that we have not
provided you. When communicating with our Customer Service
Staff you are required to do so in a courteous and
respectful manner at all times.
(d) We operate a credit policy that is designed to minimize
bad debts, keeping operating costs as low as possible and
passing on any savings to you.
(f) If you are not able to abide by our policies and general
conditions of service, you should make arrangements to find
an alternative service more suitable to your needs.
3. Application for Service
3.1 When you apply for a service with us, you will be asked
for personal information and you authorise us to conduct any
relevant credit checks necessary to enable us to determine
your credit worthiness.
3.2 You must be at least eighteen years of age, and provide
your correct name, Date of Birth, current address and
telephone number. We may also ask you for a copy of your
current Drivers License as part of determining your correct
3.3 Your privacy will be respected at all times, however we
may monitor or keep any records we may consider necessary
about your use of our services.
3.4 Your application form is subject to this document and
forms part of this agreement. We may accept and rely on a
facsimile copy of your application form as if it was an
original and you will be bound by it as if it was an
4. Plans & Pricing Information
4.1 All our current plans and pricing are published on the
Interwerks Web Site and on our brochures which are available
at locations where our services are sold.
4.2 Our published plans may be subject to change for time to
time and we will provide you with appropriate notice via
e-mail, in the event that any change in our opinion, is
detrimental to you.
4.3 Some of our plans are offered purely for promotional
purposes and are subject to special conditions which are in
addition to our standard conditions in this document.
4.4 If you would like to change your plan, you may request a
plan change by email.
4.5 Any unused hours and/or unused data or calls on your
current plan will not carry over to the new plan you have
selected and any applicable excess fees must be paid to us
before your plan change will take effect.
4.6 If you have applied for the supply of a pre-configured
modem/router with your broadband adsl service, that router
will be supplied configured to operate in the default manner
for Australia, as set by the manufacturer of the
modem/router; should you require it to operate in other than
that default manner, you will be responsible for its
4.7 Where a plan incorporates a set amount of data per
month, notwithstanding anything else in these Terms and
Conditions, that data amount applies to the calendar month.
4.8 Where a plan incorporates a set amount of data for a
"peak" or "off-peak" period, that period
is taken to be your local time, inclusive of any adjustments for
5. Your Conduct
5.1 When you use our service, you must not place, store or
relay software or information on our system which is
unlawful, or attempt to access internal areas of our system
or engage in any form of "hacking",
"relaying", "mail bombing", "ping
attacks", "spamming", "port
scanning", "denial of service", or any
disruptive action against our system.
5.2 The password we provide to you must remain confidential
and is not transferable and you may not assign, transfer or
resell this agreement or service.
5.3 Our services may not be re-sold or used to provide data
feeds for other systems, services or locations.
5.4 You are responsible for selecting and maintaining at
your own expense any facilities or equipment necessary for
you to connect to our system.
5.5 Our services are designed to be shared in a fair and
equitable manner with other members utilizing our service
and you may not use our service in such a way that, in our
opinion, your actions will affect other members.
5.6 Our web hosting services are provided with no warranty,
express or implied.
5.7 We are not responsible for your data, files, or
directories hosted on our web hosting system. You are solely
responsible for maintaining your own data, file, and
directory structure backups.
5.8 Any material you submit for publication on our web
hosting system must not violate or infringe any copyright,
trademark, patent, statutory, common law or proprietary
rights of others, or contain anything libelous, illegal or
5.9 You may not use our system or service as a means to
transmit or post defamatory, harassing, abusive, or
6. Payment Terms & Method
6.1 You agree to pay for any services we provide to you,
regardless of whether it is you or a third party who uses
6.2 You agree that you will be charged for services we
provide at our current prices published on the Interwerks
Web Site from time to time.
6.3 We operate a strict credit policy designed to provide
you with low prices and to minimize our bad debts.
6.4 Our standard method of payment is via credit card,
however we can provide you with alternative payment methods
if you contact our accounts department.
6.5 All Credit Card billing is done by Sydneywerks or its
nominee and Sydneywerks is the name that will appear on your
Credit Card Statement.
6.6 You can also make single Credit Card payments by calling
1300 720 207.
6.7 When you pay by Direct deposit, or EFT (Electronic Funds
Transfer), your payment should be made to the Sydneywerks
bank account along with your Customer Number for reference.
6.8 If you are paying by cheque, your cheque should be be
made payable to Sydneywerks and you should attach your
Remittance Slip and Customer Number for reference.
6.9 At the time of first subscribing to our service you are
charged one (1) month’s fees as per the plan or service
you have selected.
6.10 You are charged a once-off set up or fast churn fee at
the time of first subscribing to us.
6.11 The minimum contract length for the provision of
services by Interwerks may be 3, 6, or 12 months, depending on
the service supplied; should you cancel your service within
the minimum contract length specified for a service a
disconnection fee applies.
6.12 If you join us during the month, your month of service
and your service charges will commence on the date the
service is first made available to you. You will be liable
for service charges in subsequent months on the anniversary
of the date the service is first connected. However, please
note 4.7 with respect to plans having set amounts of data
6.13 You will be sent a notice on or after the first day of each
service month advising you that your payment is due for payment
within seven (7) days.
6.14 If you have not paid your account on or by the seventh
(7th) day after the payment notice, you will be charged a
late payment fee of $15.00.
6.15 If you dispute the amount of any charge, you must
advise us of the disputed amount and pay
the undisputed amount on or by the seventh (7th) day after the
payment notice or you will be charged a late payment fee of
6.16 If your account remains overdue by the fourteenth
day after the payment notice we may suspend all or part of your Services
until you pay us all outstanding amounts.
6.17 If your service is suspended by us, we will charge you
a re-connection fee of $55.00 to re-activate your service.
6.18 If your
account remains overdue by the twentyeighth (28th) day after
the payment notice, we may cancel your service and you will
then also be liable for any further charges due as a result
of early termination of your contract. A cancelled service
can not be re-activated.
6.19 Nothing in this section affects our rights to terminate
6.20 If you direct us to transfer any Services to another
supplier, you must pay us all amounts up until the time we
stop providing you any services and any other charges that
we may become aware of after the date of transfer that
relate to the services we provided to you.
6.21 If you direct us to transfer any service to another
supplier, you must give us a least 30 days notice of such
transfer or you will be liable for one month's service
charge for that service in lieu of that notice.
7. Voice Services
7.1 If you chose to have us provide your telephone services,
your services will be preselected to us and you agree to use
us exclusively to provide all your long distance calls and
not to use another carrier's override code.
7.2 When using our services, you agree to comply with all
statutes, regulations, by-laws or licence conditions of any
government body, and not to breach any person's rights or
otherwise cause us or another carrier a loss, liability or
7.3 You may not resupply this service to another person or
7.4 We may provide your voice and associated voice services
through any carrier we choose and without reference to you.
7.5 Your service will be provided to the standard that our
voice supplier provides the service to us.
7.6 We will use our best endeavour to reinstate your service
if your service is disrupted.
7.7 Our obligations to provide the service to you will cease
when when you transfer your service to another provider.
7.8 If we are unable to discuss pricing options with you, we
will select our best value rates for you.
7.9 If you have chosen to subscribe to our bundled services
we will charge you at the published rates.
7.10 Line Rental: If you have not subscribed to our
bundled services, we will charge you at the Standard
Telephone Service rates published on the Interwerks web
7.11 Charges: We will charge you monthly access
charges, line rental, call charges and any relevant service
charges as per the published rates on the Interwerks web
7.12 We will charge you for any timed calls on a per second
7.13 We will charge you in blocks of 30 seconds for any
calls to global and satellite services such as Inmarsat,
International Network Shared Code and Iridium.
7.14 Plan Change or Cancellation: If you change or
cancel your service plan, this does not take effect until we
process your request. We will tell you of the likely
timeframe when we receive your request or tell you when your
request has been actioned.
7.15 Transfer or Churn" of Services to Interwerks:
When you transfer or churn your services from another
provider to us, you authorise us to sign on your behalf and
in your name any forms required by us to transfer or churn
the services as we direct.
7.16 You agree to immediately pay your previous provider any
amounts owing to them for your services up to the date you
agreed to transfer your services to us.
8.1 We will send regular notices to the E-mail address you
have provided on your application form.
8.2 You must regularly check your E-mail address for
important notices from us.
8.3 Notices are deemed to have been sent by us when date
stamped by our sending mail server.
9.1 To protect your security and privacy, we cannot accept
cancellations over the telephone.
9.2 To cancel your service you can request a cancellation by
email and our customer service department will contact you
to finalise your account.
9.3 When you cancel your service, any money we are holding
against your account will be applied against your last month
of service, provided you have cancelled your service prior
to the twentieth (20th) of the previous month.
9.4 When you cancel your service or transfer it to another
provider, you must provide us with at least 30 days notice
of such cancellation or transfer, or you will be liable for
an extra month's service charge.
10. Complaints & Dispute
10.1 We understand that disputes and misunderstandings can
arise between you and us and that conversations with
different people can result in miscommunication.
10.2 For this reason, please forward the details of any
complaint or dispute you may have in writing by email.
10.3 On receipt of your written complaint, we will
investigate your complaint carefully with a view to
resolving it to your satisfaction within ten (10) business
11. Limitation of Liability
11.1 We are not liable for any loss, damage or injury
(including without limitation any loss of profit, indirect,
consequential or incidental loss, damage or injury) arising
from your use of our service or information obtained from
11.2 We are dependent on external network and data services,
therefore you indemnify us for any inability to provide such
services which are beyond our control. We do not guarantee
that access to any service either internal or external to
our system, will be available at any given time or that any
files, information or services will be error free or fault
11.3 Our failure at any time to enforce or require the
strict compliance of any provision in this agreement, shall
not be interpreted as a variation of this agreement. We
reserve the right to alter any services as required and to
subcontract or assign this agreement without giving you any
11.4 This agreement is binding upon you, your executors and
administrators. If you are underage and have failed to
disclosed this to us, this agreement is legally binding on
your parents or legal guardians.
12. Use of Information and the Privacy
12.1 You agree to provide us with any information requested
in connection with the provision of Services to you under
this agreement and you authorise us to use the information
provided by you as set out below, subject to the provisions
of the Privacy Act, 1988, the Telecommunications Act, 1997
and any other applicable act or mandatory code of practice:
12.2 You authorise us and consent to us exchanging with
other carriers all information about you and the Services
provided to you by us including, but not limited to, your
name, billing address, street address, relevant telephone
numbers and any information obtained by us for the purpose
of processing your application; and
12.3 Any other carrier exchanging with us any information in
the previous carrier?s possession or under its control in
relation to the services including, without limitation, all
your records and, in particular, exchange line details,
account information, call charge records and call event
12.4 You authorise us to obtain from a credit reporting
agency a credit report containing personal credit
information about you in relation to commercial credit
provided by us to you; and
12.5 You authorise us to obtain personal information about
you from other credit providers, whose names you provided to
us or that may be named in a credit report, for the purpose
of assessing your application for commercial credit made to
12.6 You authorise us to obtain a consumer credit report
about you from a credit reporting agency for the purpose of
collecting overdue payments relating to commercial credit
owed by you; and
12.7 You authorise us to provide any information about you
to any law enforcement agency as required or authorised by
statute or regulation.
12.8 We may refuse to provide you with information held
about you where to do so would in the case of personal
information would pose a serious and imminent threat to the
life or health of any individual; and
12.9 Where us providing access would have an unreasonable
impact upon the privacy of other individuals; and
12.10 If the request for access is frivolous or vexatious;
the information relates to existing or anticipated legal
proceedings between the organisation and the individual.
13.1 We may immediately terminate your service by written
notice, via e-mail, fax or letter, if in our opinion you
breach any term or condition of this agreement; or
(a) a receiver or receiver and manager is appointed over any
of your property or assets; or
(b) a liquidator or provisional liquidator is appointed to
(c) you become bankrupt or you enter into any arrangements
with your creditors; or
(d) you assign or otherwise deal with your rights under this
(e) you cease to carry on business; or there is a material
change in your direct or indirect ownership or control.
13.2 We may also terminate this agreement at any time by
providing you with a written notice via E-mail, fax or
letter, if the voice carrier we currently use ceases to
provide necessary services to us.
13.3 You agree to pay for all services utilised during the
term of this agreement.
13.4 If your service is terminated by us, you are personally
liable and responsible for any money owning to us even if
you signed the application on behalf of a corporation,
business or other party.