Standard Terms & Conditions

 

1. Agreement

These terms and conditions contain the agreement between you ("the Customer") and Flip TV PTY LTD (Flip) for the services provided. You warrant that you are over 18 years of age and legally entitled to enter into an agreement with Flip. Our agreement with you includes these terms and conditions. We will provide you with our current pricing at your request or it can be found throughout the website. Flip reserves the right to change the terms and conditions without notice.

 

2. Service Applications

You acknowledge the information provided to us in the application is true and accurate. You understand we will rely on it for the provision of your services.

You acknowledge that, if you provide us incorrect information during an application which is then used by a third party supplier for the connection or attempted connection of a service, you will be liable for a resubmission payment to us.

An application for Service may be refused by us in the following conditions:

(a) There is technical limitation to our ability to provide you the service, including where there are network capacity constraints;

(b) You have not completed an application process correctly or have been unwilling to provide us with documentation or information we require;

(c) You do not meet our credit assessment criteria.

By applying for a service, you authorise us to converse with credit referencing bodies about your credit history and in so doing to provide them with the details that you have provided to us. We may do this from time to time during the term of the agreement

We may apply restrictions to a service where you have not met our credit assessment criteria. We will advise you of the general nature of the reasons for these restrictions and, if applicable, how you may access services which have been restricted.

We may pay commission to a dealer or agent acting on our behalf who is involved in your application process.

 

3. Force Majeure

We will not be liable for:

(a) delays in installing any service.

(b) delays in correcting any fault in any service.

(c) failure or incorrect operation of any service, or any other delay or default in performance under this Agreement if it is caused by any event or circumstance reasonably beyond our control, including but not limited to; war, accident, civil commotion, riot, military action, sabotage, act of terrorism, vandalism, embargo, judicial action, labour dispute, an act of a government or a government authority, acts of God, earthquake, fire, flood, plague or other natural calamity, computer viruses, hacker attacks or failure of the internet or delay, or failure or default by any other supplier.

 

4. Personal Information

Flip ensures that we only use your personal information in accordance with the Privacy Act 1988. You may obtain a copy of the Privacy Policy by calling us on 1300 354 788 or it can be found by clicking here

 

5. Consent

You acknowledge and agree that Flip, its related bodies corporate and Partners and each of their officers, employees, agents and contractors are permitted to collect, store, use and disclose your Personal Information in the manner set out in this Privacy policy and in accordance with the Privacy Act.

 

6. Disclaimer

Flip will not disclose your Personal Information to any third party (other than its related bodies corporate or a Partner) without your consent in writing, unless otherwise required by law, or unless such disclosure is reasonably necessary in the opinion of Flip to protect its rights or property or to avoid injury to any person. However, in the event of a merger, acquisition or sale of the whole or part of the business of Flip, we reserve the right to transfer your Personal Information as part of any such transaction.

 

7. Protecting your Identify

To help protect and ensure the safety of your private information we have implemented a new form of protection.

To protect your private information from unauthorised high risk customer activity, identity authentication processes will be used to authenticate your identity prior to certain transactions proceeding. These transactions involve what Government regulations classify as high risk transactions. These include but are not limited to the following:

(a) Changing or cancelling a service.

(b) Adding additional services or products to an account.

(c) Address changes, modifications, alterations, relocating or moving.

(d) Amending or cancelling pending orders.

(e) Simcard changes and replacements

(f) Any other transaction that is deemed a high risk interaction.

Before we undertake any high risk transaction we will confirm at least two (2) forms of identification and send a verification code to you via SMS or email for you to confirm.

In the event you suspect that your service or account has been subject to fraud you should immediately report the activity to us on 1300 833 835 and your financial provider.

 

8. Termination and Suspension

You can terminate the Service by contacting us by telephone on 1300 354 788. In this case, cancellation is effective at the end of the current monthly subscription period and your Account will be closed and your access to the Service will be disconnected from this date. If you terminate the Service before the expiration of the term of a fixed term contract, you must pay the Service Fee for the remainder of the term as stipulated in your Account summary.

You can terminate the Service if any changes to these Terms have a materially detrimental effect on you by notifying us within 14 days of the date on which the changes are made. Your cancellation will be effective as of the date of the change to these Terms and notwithstanding anything to the contrary in these Terms you will receive a pro-rata refund for any amount already paid to us in respect of any period after that date.

We may suspend, restrict or cancel the Service immediately and without notice at any time if:

(a) you do not comply with these Terms;

(b) any payments you owe to us have not been paid within 14 days of their due date;

(c) you do not comply with the Flip Fair Use Policy;

(d) you do not comply with regulatory requirements or a regulatory authority, such as the ACMA, requests us to do so; or

(e) you use the Service other than for private, non-commercial use, or in a way that is inconsistent with these Terms or the requirements of our partners or suppliers.

Otherwise, Flip may suspend, restrict or cancel the Service on 30 days’ notice to you.

If we suspend your Account, you will still remain liable for all Service Fees during the suspension period.

 

9. Charges/Billing

Flip will send you a tax invoice on a per calendar month basis setting out the fees due for the service we have provide you. All call charges will be rounded up to the next cent. Timed calls are charged in six second increment with a minimum of one minute charge. International calls are metered from the time dialing has concluded as such unanswered International calls may incur a charge.

All prices are inclusive of GST and are subject to change without notice. The initial month of billing will be pro-rated from the date you connect till the end of the calendar month plus one month in advance for all Internet and service charges.

You agree to pay all invoices by the Due Date; if a payment is not received by the due date a late fee of $10.00 will apply. You will be liable for all reasonable collection costs (including our total legal fees) we incur to collect the amount outstanding, or to recover Hardware or any other equipment; and the Carrier may be entitled to claim payment from you of any amount under our commitment unpaid by the Due Date on the same terms and conditions we can claim payment from you. To obtain new connection discounts, bills must be paid in full by the due date otherwise full charges apply. If there is a dispute, you must pay the undisputed amount of each invoice by the Due Date.

Where in our opinion you have a reasonable claim or dispute with an invoice, we will suspend our collection or recovery processes on the disputed amount until a resolution on your claim or dispute has been settled. We aim to resolve invoice disputes within 21 working days. You will not have to pay any amount which you have genuinely disputed in accordance with this clause unless, and until, the disputed amount is resolved in our favor. You must otherwise pay all Charges specified on your bill by the due date.

Any of the bills are not paid in full within 60 days from the due date and still remain outstanding, Flip may refer you to our collections agency who will take legal action to fully recover the debt. We may use or disclose any personal information recorded to help us proceed in the debt recovery inclusive of your name, address, date of birth, identification, employment and credit history. This may affect your future credit rating and where these recovery actions have been initiated and confirmed unsuccessful, we may elect to default and register your details with the collection or any other credit reporting agencies.

If you require a paper bill, $2.98 bill processing fee will be charged on your monthly invoice.

 

10. Credit Limit

An initial credit limit of $250 applies to all accounts and Flip reserves the right to disconnect the services without notice once this limit has been exceeded.

 

11. Direct Debit

All plans are available only on direct debit through a nominated Credit Card. Flip will send you a monthly invoice and will debit your credit card on the due date of your Flip invoice. A fee of $11.00 applies if the direct debit transaction is rejected.

Flip reserves the right to cancel the Direct Debit arrangement if debits are dishonoured or charged back by your financial institution.

Please note: All Flip plans are available only on direct debit through a nominated Credit/Debit cards or Savings accounts as such your service with Flip may be terminated without a direct debit arrangement.

 

12. Upfront Costs

If equipment is selected the nominated credit card will be charged upfront prior to dispatch. If applicable a service installation Fee may apply in some circumstance and will also be charged upfront. We will let you know prior if this charge applies. Please Note: If the credit card payment is declined the equipment will not be dispatched and the order will be placed on hold or withdrawn until payment is confirmed.

 

13. Equipment

Equipment purchased from Flip cannot be returned or refunded after purchase unless it is deemed to be faulty or un-useable Manufacturer warrantee period. You are required to deal directly with the Manufacturer under their warrantee Policy

 

14. Financial Hardship

Financial hardship means circumstances where you are unable to pay your invoices because of illness, unemployment or other reasonable causes with the expectation that Flip will assist you with a payment plan or Service arrangement where you can manage your invoices. Click here to view our policy.

If you are having a problem paying your bill, or you wish to discuss your options, call our friendly Credit Control Representatives on 1300 354 788 or email enquiries@flipconnect.com.au We can work with you to arrange a payment plan, bar or restrict your service until you have cleared your payments or change your plan to make the service with Flip more affordable.

For further information regarding Financial Support Services visit the ACMA's Website.

 

15. Complaints

If you have any concerns about the Services we are providing to you, you should contact us immediately on 1300 354 788. We will endeavor to resolve any problem or complaint you have as quickly as possible. If you are not satisfied with the initial outcome of your complaint, the matter will be reviewed in accordance with our complaints handling policy. Click here to view our policy.

 

16. Flip Services are subjected to Fair Use Policy.