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6. Liability
Our liability to you
6.1 If our services are used by you in pursuit of fi nancial gain
(such as to conduct share trading), it is very important that you
have another means of communication available and do not
solely rely on our services.
6.2 In many cases, we accept liability to you for breach of contract
or negligence under the principles applied by the courts. Some
exceptions are set out below.
6.3 As your service is provided to you for the primary purpose of
personal use, we do not accept liability for losses that result from
the use of your service in connection with the conduct of a business.
However, we will accept that liability if it cannot be excluded under
any legislation. If that liability cannot be excluded but can be limited
under any legislation, we limit our liability to resupplying, repairing or
replacing the relevant goods or services (or payment of the cost of
resupply, repair or replacement) where it is fair and reasonable to do so.
6.4 We are not liable for any loss to the extent that it is caused
by you, results from your failure to take reasonable steps to
avoid or minimise your loss, or caused by us failing to comply
with our obligations due to events outside our reasonable control
(such as failure in equipment that is not owned or operated by us,
an industrial strike or a natural disaster).
Your liability to us
6.5 If you and one or more others are the customer(s) for a service,
each of you is jointly and individually responsible for all charges
and other obligations relating to that service.
6.6 Consumer and small business customers are liable to us for
breach of contract or negligence under the principles applied by the
courts but are not liable to us to the extent that it is caused by us.
4. Changing our customer terms
We can change most of the terms (including price) on which
we supply services to you. Generally, subject to some exceptions,
if a change is not required by law or necessary for security or
technical reasons and has more than a minor detrimental impact
on you, we will tell you at least 30 days beforehand. If a change
will have a detrimental impact, we may also publish a notice in
a relevant newspaper summarising the change 3 working days
beforehand. We will tell you about changes by sending you a text
message or otherwise in writing, directing you to further information
about the charges (such as on telstra.com or at a Telstra store).
We may also publish a notice in a national newspaper.
5. Cancellation and suspension
5.1 You can cancel your service at any time by telling
us beforehand.
5.2 We may ask you to put your request in writing. If you cancel
a service before we have provided it to you, we may charge you
any costs we incur.
5.3 We may suspend or cancel a service in a number of circumstances,
for example where you are in breach of Our Customer Terms
(including using your service in a way which we reasonable believe
is fraudulent, poses an unacceptable risk to our security or network
capability or is illegal), it is necessary to restore or maintain our
network, there is an emergency, the law or a regulator requires
us to do so, you leave your premises, or you become bankrupt or
insolvent. The amount of notice (if any) we give you depends on
the circumstances.
5.4 If a service is cancelled or suspended, you are still required
to pay for relevant charges incurred up to the date of cancellation
or suspension.