View our policies, terms, and conditions, and Critical Information Summaries for all Nex Telecom Mobile, International Roaming and Broadband plans.

General Terms & Conditions

Nex Telecom (ABN: 28 864 970 579), trading as Nex Telecom Mobile and Nex Telecom Broadband ("Us"), will supply you with telecommunications services ("Services") on the terms and conditions set out below. Words not defined in these terms and conditions have the same meaning as in the Telecommunications Act 1997 (Cth) ("Telecommunications Act").

1. Our Contract With You

• 1.1 These terms and conditions form the basis of your contract with us as a customer ("Contract").
• 1.2 The Contract forms part of our Standard Form of Agreement, together with your agreement:
  • 1.2.1 These General Terms and Conditions.
  • 1.2.2 Critical Information Summaries.

  1.2.3 Mobile Services Description (where applicable).

  1.2.4 Broadband Services Description (where applicable).

  1.2.5 Our Pricing table is available on request or from our website, nextelcom.com.au, and the Other Charges document.

  1.2.6 Policy documents including Fair Go Policy, Complaint Handling Policy, Identify Verification Policy, Number Transfer Verification Policy, PCI Compliant Cardholder Policy, Customer Service Guarantee Waiver, Refund and Returns Policy and Privacy Policy.

• 1.3 The Contract also includes your application/order form(s) or voice recording, which you complete and provide to us. We may accept and rely on a facsimile, email or scanned copy of the application or order form as if it were an original – and you'll be legally bound to that copy in the same way.
• 1.4. The Contract also includes our currently applicable price list. The price list may change from time to time, but we'll notify you of any changes when they happen or prior to any such changes coming into effect. Copies of the price list are available at nextelcom.com.au.
• 1.5. The Contract is formed on the date we notify you we've accepted your application/you issue the first order form.

2. Service Description

• 2.1. Services will be supplied to you through the carriers or networks ("Carriers") that we nominate in writing from time to time. You agree that we:
  • 2.1.1. May need to change Carriers to continue to deliver Services to you. We will notify you of such change, including who the new Carrier will be, in writing, prior to any change coming into effect.
  • 2.1.2. Have your express authorisation to notify any relevant Carrier in respect of and to effect any such change.
• 2.2. We do not warrant that we will be able to supply Services, and we are not liable for any failure to provide all or part of any of the Services. Still, to the extent and to the standard that Carriers provide Services to us, those Services will be provided by us to you. When your connection is disrupted, we will do our best to reinstate our Services to you as soon as we can.
• 2.3. When using the Services, you agree:
  • 2.3.1. To comply with all statutes, regulations, by-laws, or licence conditions of any government body.
  • 2.3.2. To not breach any person's rights or otherwise cause us or a Carrier loss, liability, or expense.
  • 2.3.3. That our obligations to provide the Services cease when we transfer your account to another supplier and the other supplier takes over full billing of those Services.

3. Charges and Payments

• 3.1. You agree during the term of the Contract:
  • 3.1.1. To be charged for the Services we provide to you, regardless of whether it is you who uses them, at our current prices.
  • 3.1.2. To be charged for any costs set out in the Other Charges document.
  • 3.1.3. If our charges are expressed as being exclusive of any taxes, we can pass on to you the full amount of any taxes payable on the charges.
  • 3.1.4. To pay accounts for all those charges (including any applicable taxes) by the date specified on the account ("Due Date").
• 3.2. If you dispute in good faith an amount on the account, you must let us know in writing or by calling us within seven days, setting out reasons for the dispute and the amount in dispute. Excluding any dispute over any amount of a charge, you must pay the whole amount of each account by the Due Date.
• 3.3. If you pay only part of your account by the Due Date, then we may charge a late payment fee to your invoice and suspend all or part of your Services until the outstanding amounts on the account are paid. Nothing in this clause affects our rights to terminate the Contract under clause 9.
• 3.4. If you don't pay the account by the Due Date, we also reserve the right (at our discretion) to adjust the prices you pay for the Services.
• 3.5. If you direct us to transfer any of the Services to another supplier, you will pay us on receipt of an account under our normal payment terms:
  • 3.5.1. All our accounts up until the time we stop providing the Services.
  • 3.5.2. All other proper charges that we become aware of after the date your Services stop that relate to the Services we provided to you.
  • 3.5.3. Any early termination charges or fees associated with the cancellation of your service.
• 3.6. Payments are collected by Nex Telecom (or such other authorised billing and payments provider advised by us to you from time to time).

4. GST

• 4.1. In this clause, an expression defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) ("GST Act") has the same meaning.
• 4.2. Our prices are taken to be GST inclusive unless they are expressed to be 'GST exclusive', 'exclusive of GST', '+ GST' or similar.
• 4.3. Where any amount is GST inclusive, it's the gross amount inclusive of any GST payable in respect of any taxable supply for which that amount is paid. Otherwise:
  • 4.3.1. The consideration payable by you represents the value of any taxable supply where payment needs to be made.
  • 4.3.2. If we make a taxable supply for a consideration that represents its value, then you must pay the amount of any GST payable in respect of the taxable supply immediately.
• 4.4. If these terms require you to pay, reimburse or contribute to an amount paid or payable by us in respect of an acquisition of a taxable supply from a third party, the amount you must pay, reimburse, or contribute will be the value of the acquisition by us less any input tax credit to which we are entitled plus, if our recovery from you is a taxable supply, any GST payable under this clause.
• 4.5. We may recover any GST payable under this clause in the same manner as our charges.
• 4.6. If the GST rate is changed per the GST Act, our rates to you will reflect the changes in GST.

5. Amending Terms and Conditions

• 5.1. Without limiting clause 3.1, we may vary, alter, replace, or revoke any of these terms and conditions once we have given you 14 days written notice. We may interpret your ongoing use of the Services after that date as accepting the variation, alteration, replacement, or revocation.

6. Credit Check

• 6.1. Before we accept your application, you have provided us with all information relevant to our assessment of your credit rating. You have consented to the following:
  • 6.1.1. Us obtaining a credit report from a credit reporting agency that contains personal information about you.
  • 6.1.2. Us giving to, and seeking from, any credit provider named in a credit report or your application information relating to your credit rating - including without limitation any information about your creditworthiness, credit history or credit capacity that credit providers are allowed to give or receive from other credit providers under the Privacy Act 1988 (Cth) ("Privacy Act").
  • 6.1.3. Us making independent enquiries of third parties concerning your financial standing, and for this purpose, you have authorised and permitted such third parties to supply such information regardless of any confidentiality or privilege which applies to the information sought.
  • 6.1.4. Us providing any information we obtain about you to the relevant Carrier.

7. Transfer of Services

• 7.1. When you transfer any services ("Transferred Services") from a Carrier, a telecommunications service provider or equipment supplier who supplies telecommunications services or equipment to you at the time we accept your application ("Current Supplier"), you authorise us to sign on your behalf and in your name any forms required by the Current Supplier to transfer the Transferred Services as we direct.
• 7.2. You may also need to contact your Current Supplier once your account is activated with us to close off your services with them.
• 7.3. You agree to immediately pay to the Current Supplier any amounts owing for the Transferred Services up to the date of the transfer.

8. Limit on Liability

• 8.1. We do not exclude or limit:
  • 8.1.1. The application of any provision of any statute (including the Competition and Consumer Act 2010 (Cth), the Privacy Act or the Telecommunications Act) where to do so would go against that statute or cause any part of this clause 8 to be void.
  • 8.1.2. Direct losses and damages that arise only as a result of our gross negligence (which means where we commit an act or allow an omission to occur in reckless disregard of the consequences of the act or omission).
• 8.2. Except where clause 8.1 applies, we exclude all statutory liability, tortuous liability (including but not limited to liability in negligence), conditions and warranties implied by custom, the general law or statute, liability for all direct, economic, consequential or indirect losses, expenses, damages and costs incurred by you, arising out of or relating to the Services, any failure to supply or delay in supplying the Services, any delay in the connection or failure in the operation of the Services or out of or relating to the Contract.
• 8.3. Including, but not limited to, liability for gross negligence and except to the extent of clause 8.1.1, we are not responsible or liable for any indirect consequential or economic damages, including, without limitation, loss of income or profit or loss of actual potential business opportunities.
• 8.4. You acknowledge that any liability of any Carrier to you in relation to the Services is governed by the terms and conditions on which that Carrier, from time to time, supplies that service to its retail customers.

9. Terminating the Agreement

• 9.1. We reserve the right to charge you an administration fee, termination fee or any other charges incurred by us in providing the Services to you if you terminate your Contract before the full Contract term. The details on how the cancellation/early termination charges are calculated are provided in the applicable product section of these terms and conditions.
• 9.2. We may immediately terminate this agreement by written notice at any time if, without our prior written consent:
  • 9.2.1. You breach any term or condition of the Contract or accompanying policy.
  • 9.2.2. A receiver or receiver and manager is appointed over any of your property or assets.
  • 9.2.3. A liquidator or provisional liquidator is appointed to you.
  • 9.2.4. You become bankrupt.
  • 9.2.5. You enter into any arrangements with your creditors.
  • 9.2.6. You assign or otherwise deal with your rights under the contract.
  • 9.2.7. You cease to carry on business.
  • 9.2.8. If there is a material change in your direct or indirect ownership or control.
• 9.3. We may also immediately terminate the Contract at any time by written notice if the Carriers stop providing the services necessary for us to provide them to you.
• 9.4. If we terminate the Contract in accordance with this clause and a Carrier arranges to supply you services other than through us, you acknowledge that:
  • 9.4.1. The Carrier may need more time to make those arrangements.
  • 9.4.2. Once the Carrier has made arrangements, the services acquired by you from the Carrier will be acquired on the Carrier's then-current tariffs and terms and conditions - and the Carrier will bill you accordingly.
• 9.5. We may also terminate the Contract at any time by written notice if you are in breach of our Fair Go policy or any NBN Co Fair Use Policy (as published from time to time).

10. Information

• 10.1. Without limiting clause 6.1, you agree to provide us with any information we ask for that relates to us providing the Services to you under this agreement.
• 10.2. You authorise and consent to the following:
  • 10.2.1. Us conducting a physical audit of the Services and any equipment supplied in respect of the Services if we consider it necessary.
  • 10.2.2. Us exchanging all information about you and the Services provided to you in our possession or control with Carriers if need be. This includes but isn't limited to your name, billing address, street address, relevant telephone numbers, and any information obtained by us for your application and the Contract.
  • 10.2.3. The Carrier exchanging with us any information in the 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 records.
  • 10.2.4. Our use (and the Carrier's use) of the information referred to in clauses 10.2.2. and 10.2.3.

11. Assigning Rights

• 11.1. Your rights under the Contract are personal – so you must not assign or attempt to assign any right or obligation under the Contract without our written consent. We will let you know in writing if we're assigning all or any of the rights and obligations under the Contract at any time.

12. Warranty of Authority

• 12.1. You warrant that any persons signing this agreement on your behalf have full power and authority to bind you in respect of this agreement.

13. Our Equipment

• 13.1. Risk in any equipment provided by us or any third party to you for purchase or hire ("Equipment") passes to you once it's been delivered. You will accept any Equipment on the basis of these terms and conditions - and any additional terms and conditions we tell you about at the time of delivery.
• 13.2. Ownership (title) to any Equipment provided for purchase does not pass to you until all amounts owing to us under the Contract and the cost of such Equipment have been paid in full. Until then, the Equipment will be held by you as bailee for us.
• 13.3. If the Equipment is installed at premises occupied by you, you can't interfere with the Equipment or its installation.
• 13.4. If the advertised Equipment becomes unexpectedly unavailable, we may supply substitute Equipment that's substantially equivalent to the advertised Equipment.
• 13.5. If the advertised Equipment is not technically suitable for your situation, we may supply substitute Equipment that's substantially equivalent to the advertised Equipment.
• 13.6. You irrevocably grant to us, our agents and servants, leave and licence to enter premises occupied by you at any time and without notice - using reasonable force if necessary, to inspect, search for and retake possession of any Equipment where payment is overdue. You shall indemnify us and hold us harmless against any loss or damage suffered by any person or company arising from retaking such possession.
• 13.7. Once your Contract is terminated for any reason, you will immediately return all Equipment owned by us or make it available for our collection. If you don't do this within 30 days of the date of termination, you will be invoiced for the cost of the Equipment as applicable.
• 13.8. Where you have equipment on the premises you occupy that another supplier uses to provide you with services, we will disconnect that equipment when you transfer the services to us. We will connect our Equipment (if any). Let that supplier know immediately that you have transferred your services to us - and arrange for them to remove their equipment from the premises.

14. Installation and Connecting Equipment

• 14.1. This clause only applies if we expressly agree to install or connect Equipment.
• 14.2. We will install the Equipment at your site within a reasonable time after the delivery date to connect you to the Service during normal business hours in your area. You'll need to provide us with safe access.
• 14.3. You must prepare the site for the installation (in accordance with any directions or specifications issued by us) at your own expense, including providing:
  • 14.3.1. Appropriate electricity supply.
  • 14.3.2. Appropriate electrical and mechanical fittings.
  • 14.3.3. Appropriate environmental conditions
  • 14.3.4. A secure location for the Equipment, including, if applicable, a suitable point for mounting an external satellite dish without obstructions.
  • 14.3.5. All facilities needed to locate the Equipment.
  • 14.3.6. Access to all relevant personnel, including your technical personnel.
  • 14.3.7. Where necessary, permission for us and our representatives and agents to enter your site and install the Equipment - including making any minor physical modifications (within reason) to help us do that.
• 14.4. You warrant to us that as of the date of installation and connection to the service, you will have notified any relevant parties - and obtained all relevant permissions for us to enter your site, install Equipment and connect your service.
• 14.5. You must indemnify us against any claim made against us or loss incurred by us (including legal cost on a full indemnity basis) in connection with such entry and installation - except to any extent that we cause or contribute to it by:
  • 14.5.1. Our negligence.
  • 14.5.2. Our breach of any applicable consumer standards.
• 14.6. You must obtain and maintain, at your expense, any permits, licences, approvals, and authorisations, including local council planning approval, needed to install and operate the Equipment and connection to the service.
• 14.7. If the installation has to be rescheduled because you breach this clause, we charge a reasonable amount for our additional costs.

15. Lost, Stolen and Damaged Equipment

• 15.1. You are responsible for any lost, stolen, and damaged Equipment owned by us unless we or our personnel cause it. 15.2. You'll need to pay us for Equipment that is lost, stolen or damaged, except if we or our personnel cause it.

16. Miscellaneous

• 16.1. Any notice, demand, consent, or other communication that needs to be given to either party must be delivered personally or sent by prepaid mail or facsimile to the last notified address of the other.
• 16.2. The Contract shall be governed by and construed in accordance with the laws of the State or Territory of Australia where the Services are connected - and the parties agree to the non-exclusive jurisdiction of the courts of that State or Territory of Australia.
• 16.3. The Contract contains your and our full understanding to the exclusion of any prior or collateral agreement or understanding relating to the Services, whether oral or written.
• 16.4. If any part of the Contract is found to be invalid or of no force or effect, the Contract shall be considered as though such part had not been inserted, and the remainder of the Contract shall retain its full force and effect.

17. Authorised Representative

• 17.1. If you wish to appoint an authorised representative ("Authorised Representative") to deal with us on your behalf, you may do so.
• 17.2. Please consider carefully before authorising somebody to make changes to your account. An Authorised Representative you appoint can deal with us on your behalf as your agent (including making a complaint) and;
  • 17.2.1. If you specifically give them limited rights, have only those rights (including any limitations you specify on access to your information).
  • 17.2.2. if you do not give them limited rights, has the power to act and access information as if they are you.
• 17.3. We may also accept a person who holds an appropriate Power of Attorney or Guardianship Order as an Authorised Representative for a customer. You will need to forward a certified copy of the Power of Attorney or Guardianship Order to us - and we may need to have the documents checked before we can accept the appointment. Please ask for a copy of the form to add an Authorised Representative from our Customer Service team if you want to add an Authorised Representative to your account.

18. Personal Guarantee

Where you are a company ("Customer"), the persons named in the application form as directors of the Customer hereby jointly and severally guarantee to us.

• 18.1. Payment of all amounts payable by the Customer under the Contract on the day and times and in the manner due thereunder.
• 18.2. Due and prompt performance and observance of any covenants, obligations, terms and conditions on the part of the Customer to be performed or observed pursuant to the Contract. This guarantee will be a continuing guarantee and will not be released by any partial payment or by any neglect or forbearance on the part of us or any time or other indulgence granted by us to the Customer, nor shall we be required first to demand payment from the Customer as this guarantee will operate as an independent agreement which is in no way dependent upon the terms of any other agreement. You covenant to indemnify us and keep us indemnified. Against all actions, proceedings, costs, damages, expenses, claims and demands whatsoever for or in respect of the non-payment of the said amounts or any part thereof or the breach, non-performance, or non-observance of any of the said covenants or conditions of the Contract by the Customer.

19. Commissions

• You acknowledge that we may pay commissions to agents or other parties who introduce you to us or assist us in making this Agreement with you.