Terms, Policies & Critical Information

FibreMax® maintain the following terms and policies in-line with regulatory requirements.

Terms of Use

1. About the Website

1.1. Welcome to www.fibremax.com.au (the ‘Website’). The Website provides Internet and Telecommunication services (the ‘Services’).

1.2. The Website is operated by MaxoTech Pty Ltd t/a FibreMax® (‘FibreMax®’) ABN 20159147430. Access to and use of the Website, or any of its associated Products or Services is provided by FibreMax®. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease use of the Website, or any of the Services, immediately.

1.3. FibreMax® reserves the right to review and change any of the Terms by updating this page at its sole discretion. When FibreMax® updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by FibreMax® in the user interface.

3. Subscription to use the Services

3.1. In order to access the Services, you must first purchase a subscription through the Website (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’).

3.2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

3.3. Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ‘ Account’).

3.4. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) Email address

(b) Preferred username

(c) Mailing address

(d) Telephone number

(e) Password

3.5. You warrant that any information you give to FibreMax® in the course of completing the registration process will always be accurate, correct and up to date.

3.6. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period’).

3.7. You may not use the Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with FibreMax®; or (b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

(a) you will use the Services only for purposes that are permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify FibreMax® of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of FibreMax® providing the Services;

(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of FibreMax®;

(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by FibreMax® for any illegal or unauthorised use of the

Website; and

(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Payment

5.1. Where the option is given to you, you may make payment of the Subscription Fee by way of:

(a) Direct Debit

5.2. All payments made in the course of your use of the Services are made using EziDebit. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the EziDebit terms and conditions which are available on their website.

5.3. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee .

5.4. You agree and acknowledge that FibreMax® can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

6. Refund Policy

FibreMax® will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of FibreMax® makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund’).

7. Copyright and Intellectual Property

7.1. The Website, the Services and all of the related products of FibreMax® are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by FibreMax® or its contributors.

7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by FibreMax®, who grants to you a worldwide, nonexclusive, royalty-free, revocable license whilst you are a Member to:

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and

(c) print pages from the Website for your own personal and non-commercial use.

7.3. FibreMax® retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any rights, title and interest to you.

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

7.4. You may not, without the prior written permission of FibreMax® and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

8. Privacy

8.1. FibreMax® takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to FibreMax®’s Privacy Policy, which is available on the Website.

9. General Disclaimer

9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

9.2. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) FibreMax® will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

9.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of FibreMax® make any express or implied representation or warranty about the Services or

any products or Services (including the products or Services of FibreMax®) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or

unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Services or any of the products of FibreMax®; and

(d) the Services or operation in respect to links which are provided for your convenience.

10. Limitation of liability

10.1. FibreMax®’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

10.2. You expressly understand and agree that FibreMax®, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

11. Termination of Contract

11.1. The Terms will continue to apply until terminated by either you or by FibreMax® as set out below.

11.2. If you want to terminate the Terms, you may do so by:

(a) providing FibreMax® with 30 days days’ notice of your intention to terminate; and

(b) closing your accounts for all of the services which you use, where FibreMax® has made this option available to you. Your notice should be sent, in writing, to FibreMax® via the ‘Contact Us’ link on our homepage.

11.3. FibreMax® may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any provision;

(b) FibreMax® is required to do so by law;

(c) the provision of the Services to you by FibreMax® is, in the opinion of FibreMax®, no longer commercially viable.

11.4. Subject to local applicable laws, FibreMax® reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts FibreMax®’s name or reputation or violates the rights of those of another party.

12. Indemnity

12.1. You agree to indemnify FibreMax®, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(c) any breach of the Terms.

13. Dispute Resolution

13.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

13.2. Notice:

A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

13.3. Resolution:

On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute

expeditiously by negotiation or such other means upon which they may mutually agree;

(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Conflict Resolution Service or his or her nominee;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d) The mediation will be held in Western Australia, Australia.

13.4. Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

13.5. Termination of Mediation:

If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

14. Venue and Jurisdiction

The Services offered by FibreMax® is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.

15. Governing Law

The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

16. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

17. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Privacy Policy

1. We respect your privacy

1.1. FibreMax® respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.

1.2. “Personal information” is information we hold which is identifiable as being about you.

 

2. Collection of personal information

2.1. FibreMax® will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.

2.2. You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.

2.3. Additionally, we may also collect any other information you provide while interacting with us.

 

3. How we collect your personal information

3.1. FibreMax® collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

 

4. Use of your personal information

4.1. FibreMax® may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.

4.2. FibreMax® may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.

 

5. Disclosure of your personal information

5.1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.

5.2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.  

5.3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of FibreMax®, www.fibremax.com.au, its customers or third parties.

5.4. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.

5.5. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

5.6. By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

 

6. Security of your personal information

6.1. FibreMax® is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

6.2. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

 

7. Access to your personal information

7.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at privacy@fibremax.com.au.

7.2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

 

8. Complaints about privacy

8.1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to Suite 659, 1/422 Oxford Street, Bondi Junction, NSW, 2022. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

 

9. Changes to Privacy Policy

9.1. Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

 

10. Website

10.1. When you visit our website

When you come to our website (www.fibremax.com.au) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

10.2. Cookies

We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies, but you can choose to reject cookies by changing your browser settings.

However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.

10.3. Third party sites

Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that FibreMax® is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

Direct Debit Authorisation & Agreement

MAXOTECH PTY LTD t/a FibreMax (ABN 20159147430)

Direct Debit Authorisation 

 

By clicking Yes, you have agreed to the Terms and Conditions of MAXOTECH PTY LTD t/a FibreMax (ABN 20159147430) herein referred to as “FibreMax®”. 

I/we authorize Ezidebit, acting on behalf of FibreMax, to debit payments from my specified Credit Card provided online, and I/we acknowledge that “Ezidebit or FibreMax” will appear as the merchant on my credit card statement.

 

I/we authorize Ezidebit Pty Ltd CAN 096902813 to debit my/our account at the Financial Institution as provided online through the Bulk Electronic Clearing System (BECS) in accordance with this Direct Debit Authorisation and as per the Ezidebit DDR Service Agreement (Ver 1.9) below.

 

I/we acknowledge that Regular Monthly Debit Amount including payment details and associated fees/charges as indicated in my Services Schedule and/or the total amount billed for the specified period for this and other subsequent agreements or amendments between me/us and FibreMax® and/or Ezidebit.

 

Fee Schedule:

flexiMAX 25-100Mbps               $10 monthly*

*Charged at $10 per month if used (unlimited used thereafter)

Additional costs^

The following additional cost may apply:

Transfer (churn) fee $16.50

New Development fee $300

Additional installations $300

Incorrect fault raised to the Carrier# $199

(#No fault on Carrier’s network)

Late cancellation or Missed appointment $ 99

Order withdrawal $ 99

^NBN Co may impose other charges on FibreMax® not listed above pursuant to the NBN Co Wholesale Broadband Agreement. Where FibreMax® incurs those charges as a result of the services provided to you, we may pass through those charges and bill them to you. 

Debit order fees()

Once-off administration fee $5.50

Bank account transaction fee $0.99

Credit Card surcharge 2%

Failed Payment fee $14.80

()In addition to your monthly access fees by FibreMax®

All prices are inclusive of GST and charged in advanced.

 

Minimum fees apply to all Service Schedules and pro-rata fees may apply.

New Development fees only apply to the first NBN connection at premises in a newly developed area.

 

This authorization is to remain in force in accordance with the terms and conditions on this Direct Debit Authorisation, the provided Ezidebit DDR Service Agreement (Ver 1.9). I/we have read and understand the same. I/we acknowledge that our personal information will be collected, used, held and disclosed in accordance with the Ezidebit Privacy Policy available online.

 

I/we acknowledge that MAXOTECH PTY LTD t/a FibreMax (ABN 20159147430) Terms, Policies & Critical Information are available online.

 
 

MAXOTECH PTY LTD t/a FibreMax (ABN 20159147430) DDR SERVICE AGREEMENT (Ver 1.9)

 

I/We hereby authorise Ezidebit Pty Ltd ACN 096 902 813 (Direct Debit User ID number 165969, 303909, 301203, 234040, 234072, 428198) (herein referred to as “Ezidebit”) to make periodic debits on behalf of MaxoTech t/a FibreMax (ABN 20159147430) as indicated on the Direct Debit Authorisation above (herein referred to as “FibreMax®”).

 

I/We acknowledge that Ezidebit is acting as a Direct Debit Agent for FibreMax and that Ezidebit does not provide any goods or services (other than the direct debit collection services to me/us for FibreMax® pursuant to the Direct Debit Authorisation and this DDR Service Agreement) and has no express or implied liability in regards to the goods and services provided by FibreMax® or the terms and conditions of any agreement that I/we have with FibreMax®.

 

I/We acknowledge that the debit amount will be debited from my/our account according to the terms and conditions of my/our agreement with FibreMax® and the terms and conditions of the Direct Debit Authorisation (and specifically the Debit Arrangement and the Fees/Charges detailed in the Direct Debit Authorisation) and this DDR Service Agreement.

 

I/We acknowledge that bank account and/or credit card details have been verified against a recent bank statement to ensure accuracy of the details provided and I/we will contact my/our financial institution if I/we are uncertain of the accuracy of these details.

 

I/We acknowledge that it is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution. Accordingly, I/we acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available, I/we agree that Ezidebit will not be held responsible for any fees and charges that may be charged by either my/our or its financial institution.

 

I/We acknowledge that there may be a delay in processing the debit if:

1. there is a public or bank holiday on the day of the debit, or any day after the debit date;

2. a payment request is received by Ezidebit on a day that is not a banking business day in Queensland;

3. a payment request is received after normal Ezidebit cut off times, being 3:00pm Queensland time, Monday to Friday.

Any payments that fall due on any of the above will be processed on the next business day.

 

I/We authorise Ezidebit to vary the amount of the payments from time to time as may be agreed by me/us and FibreMax® as provided for within my/our agreement with FibreMax®. I/We authorise Ezidebit to vary the amount of the payments upon receiving instructions from FibreMax® of the agreed variations. I/We do not require Ezidebit to notify me/us of such variations to the debit amount.

 

I/We acknowledge that Ezidebit is to provide at least 14 days’ notice if it proposes to vary any of the terms and conditions of the Direct Debit Authorisation or this DDR Service Agreement including varying any of the terms of the debit arrangements between us.

 

I/We acknowledge that I/we will contact FibreMax® if I/we wish to alter or defer any of the debit arrangements.

 

I/We acknowledge that any request by me/us to stop or cancel the debit arrangements will be directed to FibreMax®.

 

I/We acknowledge that any disputed debit payments will be directed to FibreMax® and/or Ezidebit. If no resolution is forthcoming, I/we agree to contact my/our financial institution.

 

I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, a failed payment fee may be payable by me/us to Ezidebit. Where a failed payment fee is applicable, the amount will be as detailed in the Debit Arrangement of the Direct Debit Authorisation. I/We will also be responsible for any fees and charges applied by my/our financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee as may be incurred by Ezidebit or FibreMax®.

 

I/We authorise Ezidebit to attempt to re-process any unsuccessful payments as advised by FibreMax®.

 

I/We acknowledge that certain fees and charges (including setup, variation, SMS or processing fees) may apply to the Direct Debit Authorisation and may be payable to Ezidebit and subject to my/our agreement with FibreMax®. I/we agree to pay those fees and charges to Ezidebit.

 

Credit Card Payments

I/We acknowledge that “Ezidebit or FibreMax” will appear as the merchant for all payments from my/our credit card. I/We acknowledge and agree that Ezidebit will not be held liable for any disputed transactions resulting in the non-supply of goods and/or services and that all disputes will be directed to FibreMax® as Ezidebit is acting only as a Direct Debit Agent for FibreMax®.

 

I/We acknowledge that Credit Card Fees are a minimum of the Transaction Fee or the Credit Card Fee, whichever is greater as detailed on the Direct Debit Authorisation.

 

I/We appoint Ezidebit as my/our exclusive agent with regard to the control, management and protection of my/our personal information (relating to FibreMax® and contained in this DDR Service Agreement). I/We irrevocably authorise Ezidebit to take all necessary action (which Ezidebit deems necessary) to protect and/or correct, if required, my/our personal information, including (but not limited to) correcting account numbers and providing such information to relevant third parties and otherwise disclosing or allowing access to my/our personal information to third parties in accordance with the Ezidebit Privacy Policy.

Other than as provided in this Agreement or the Ezidebit Privacy Policy, Ezidebit will keep your information about your nominated account at the financial institution private and confidential unless this information is required to investigate a claim made relating to an alleged incorrect or wrongful debit, to be referred to a debt collection agency for the purposes of debt collection, or as otherwise required or permitted by law. Further information relating to Ezidebit’s Privacy Policy can be found at http://www.ezidebit.com/au/privacy-policy/.

 

I/We hereby irrevocably authorise, direct and instruct any third party who holds/stores my/our personal information (relating to FibreMax® and contained in this DDR Service Agreement) to release and provide such information to Ezidebit on my/our written request.

 

I/We authorise:

a. Ezidebit to verify and/or correct, if necessary, details of my/our account with my/our financial institution; and

b. my/our financial institution to release information allowing Ezidebit to verify my/our account details.

 

FibreMax®

Suit659, 1/422 Oxford Street, Bondi Junction, NSW 2022

1300 757 013   |   accounts@fibremax.com.au

 

Ezidebit

PO Box 3327 Newstead, QLD 4006

(07) 3124 550

Summary of Financial Hardship Policy

This document explains the options available to customers of MaxoTech Pty Ltd t/a FibreMax who are experiencing genuine Financial Hardship.

 

How we can help

At FibreMax it is important to us to have a personal and open relationship with our customers and we understand that during certain times you might deal will financial difficulty, whether temporary or long-term. We are committed to helping customers stay connected and working with you to find a sustainable solution. We can provide payment plans, or other solutions depending on your circumstance. 

 

How to explain Financial Hardship

Financial Hardship is a term used to describe a variety of unexpected situations where you are unable (rather than unwilling) to meet your financial commitments due to one or more contributing factors such as:

  • Loss of employment of you or a family member
  • Illness, physical incapacity, hospitalisation or mental illness of you or a family member
  • Family breakdown
  • A death in the family
  • Being a victim of domestic or family violence
  • Other factors resulting in an unforeseen change in your capacity to meet payment obligations, whether through a reduction in income or through an increase in non-discretionary expenditure

 

How do I arrange a payment plan

To arrange a payment plan, please contact us by emailing accounts@fibremax.com.au or by calling our friendly support team at 1300 757 013 between the hours of Monday to Friday  9am – 8pm AEDST, closed Christmas Day and New Year’s Day.
 
The earlier you contact us, the better. Discussing your situation gives us the opportunity to help you manage your financial hardship and keep your services connected. We endeavour to act with compassion and sympathy, and to accept reasonable arrangements, considering each customer’s individual circumstances and the services supplied.

 

How do we assess Financial Hardship

To be able to assess your request for financial assistance we may ask you to provide any relevant information or supporting evidence by e-mail that will help us understand your individual circumstances and the level of support you require, including, but not limited to:

  • Documentation, such as a statutory declaration from a person familiar with your circumstances (financial counsellor, social/case worker, medical professional, etc).
  • Evidence of you having consulted or being booked to consult with and/or being supported by a recognised financial counsellor. 

 

If you don’t provide us with this information, an assessment may not be made.  However, we also understand that sometimes (for example, if you are experiencing domestic or family violence) you may not be able to provide documents.  If you provide false or incomplete information, this may result in the cancellation of any arrangement we agree to.

 

How will the process work

If we agree to a Financial Hardship arrangement, we will let you know within 5 business days about your rights and obligations under that arrangement, its duration and any review date. If requested by you, we will send details of your Financial Hardship arrangement in writing. The arrangement will not commence unless you have accepted it.
 
If your circumstances change during the term of the arrangement, you have an obligation to promptly inform us of such changes. We will review your arrangement accordingly. 
 
If we decide that assistance will not be given because your circumstances do not meet the criteria set out in this Financial Hardship Policy, we will immediately inform you of this decision.

 

How do you decide which option for Financial Hardship assistance will be used

Once we have assessed your request, we will consider the appropriate options available to us to assist you in the management of your financial hardship, as it relates to the services we supply to you, which may include:
 
Options to help you stay connected:

  • Applying restrictions on some or all your services, for example: barring certain call types (such as mobile or international)
  • Applying appropriate spend controls, for example: reducing or removing any optional Prepayment Balance to stop you incurring usage outside your plan’s inclusions 
  • Moving you to a lower cost plan on an interim basis 

 
Options for suitable financial arrangements:

  • Temporary postponement or deferral of payments to avoid disconnection of services
  • Agreeing to a payment plan arrangement
  • Agreeing with you to change to a lower cost plan or contract
  • Waving late payment fees

 

How can I get other support

There are a range of other financial support services available, such as free financial counselling services offered in each state and territory. For more information on these and other options available, please see ACMA’s website or alternatively contact Financial Counselling Australia on 1800 007 007 or financialcounsellingaustralia.org.au.

 

How private is my information

As part of this process, you may be required to provide some sensitive information, such as employment information, income details (including any government assistance), debt statements (bills), medical details or other information about your situation. Our team treats Financial Hardship matters with understanding and sensitivity and your privacy will remain our utmost concern. All information will be kept confidential and in accordance with the privacy provisions of the Privacy Act 1988 and FibreMax’s https://fibremax.com.au/terms-policies/

Critical Information Summaries

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