TERMS & CONDITIONS

Fees and charges applicable to your service will commence from the date of connection to JINGL.

JINGL will send an automatically generated email to its customers whenever the account is topped up either via web login interface or by making a call to JINGL support/billing team.

We will send an automatically generated invoice to you once each month detailing the charges of your service usage. You must pay any outstanding fees and charges by the invoice due date. For cases where direct debit authority has been signed, all fees and charges will be billed to your nominated credit card or bank account.

Any charges that we carry forward and do not bill at that time can be billed by us within 190 calendar days from when the charge was incurred by you. We will send you an emailed copy of your bill but you can also access it by logging on to your account on the JINGL Website – www.jingl.com.au

JINGL issues invoices solely as PDF files via e-mail or as a download. JINGL doesn’t send invoices via normal postage in printed paper format.

It is generally not possible to issue an invoice in paper form. The Customer accepts that invoices are sent via e-mail although a confidential transfer of the data cannot be guaranteed.

If you do not receive your invoice, it is your responsibility to notify us immediately.

You will be charged for the calls made according to the chosen call plan.

Customers are responsible for all fees incurred through the use of their account, regardless of the source of usage. The Customer will be responsible for and liable to pay all applicable charges relating to the service, whether such use was made by them or by another person with or without their knowledge or consent.

We reserve the right to make changes to the Pricing Plans at our discretion without notice. Price revisions may happen when (and as deemed necessary) by us. Any changes to the service tariff or plans will be updated on JINGL’s website.

All of our bills are itemised and designed in a way which is easily understandable for you. If you need clarification of any entries on your bill you should contact us as soon as possible and in any event before the due date for payment of the bill.

If you dispute any item on your bill you must pay the whole of the bill including the disputed balance within the time fixed for payment and JINGL will refund any amounts that it agrees should not have been charged if it is established to JINGL’s reasonable satisfaction that you are not liable for the same.

Provision of the service is conditional upon the Customer paying all fees and charges applicable to the service in accordance with this agreement and the tariff of their selected service plan.

If payment is made by credit card, JINGL reserves the right at any time to stop accepting credit cards from one or more providers.

If the Customer's credit or debit card data or other data related to the payment procedure change, the Customer must update this information immediately by logging into their account or by making a call to JINGL’s friendly customer service team.

If the Customer fails to update his/her credit or debit card details or other data relevant for payments, or if the Customer cancels a direct debit authorisation or the Customer causes a return debit note, a negative balance may result. In this case, JINGL is entitled to request the Customer to balance their negative account. We are entitled to charge processing costs with a flat rate of AUD$45.00 (Inc. GST)

You agree to pay the Charges without any set-off or deduction on or before the due date as stated on the invoice by payment by bankers direct debit (or such other means as JINGL may accept). In addition, if you fail to pay the Charges, and JINGL chooses to pass your account to a debt collection agency, you agree to be liable for any and all additional costs related with this debt collection process.

Without prejudice to any other rights or remedies JINGL may have, we will charge you a fee of AUD$45.00 (inc. GST) or 5% of the outstanding balance (whichever is greater), if you do not pay the whole or any part of your bill by the date it falls due. In case you breach your agreement we may also charge you AUD$125.00 reconnection fee for resuming the services after they have been suspended or terminated.

If you do not succeed to pay any bill by its due date then you will lose the benefit of any relevant Reward Program that you would otherwise have been entitled to in respect of that month or any discount to which you would otherwise have been entitled.

Dishonoured cheques or direct debit drawings will incur a AUD$10.00 (including GST) administration fee.

If you accept an equipment upgrade, special offer, promotion or benefit, such as a free month of service, free installation, a rebate or other incentives, there may be a term of commitment associated with the benefit you accepted. The Commitment will be disclosed as part of the promotion and commences on the date you activate the new equipment or accept the special offer, promotion or benefit. If your service is disconnected prior to the end of the Commitment period, you agree to pay JINGL a recovery fee in an amount equal to the difference between the price you paid and the Recommended Retail Price (RRP) of the goods, service or other benefits you received at the time the commitment period began.

Number Portability of Direct In-Dial ranges is supported in most instances however some number ranges are locked to certain carriers and cannot be ported to JINGL.

Any numbers that you wish to port must be an active service with your current service provider. A telephone number associated with a suspended or disconnected account with your current service provider cannot be ported and any associated porting requests will be rejected.

Any additional complex services attached to the number like Line/Rotary Hunt, Fax Stream/Duet Services, Voicemail, Digital Subscriber Line, ADSL/SSS services need to be removed/disassociated prior to submitting a porting request. These cannot be transferred and may result in the loss of any such additional services provided by your existing service provider.

You may not be able to port your number if moving to a different geographical location.

Porting of your 13, 1300 or 1800 number service will be conducted in conjunction with Industry Numbering Management Services Ltd (INMS).

In the event that you nominate an incorrect customer name, losing carrier name or account number on a porting form your application may be rejected, your application to port will be delayed and port rejection fees will apply.

Your current service provider may also reject a port request if the information you provide is incorrect or does not match the data held by them. In this case, you authorise us to correct the information and resubmit the request to port your telephone number or dispute the rejection by your current service provider.

In the event of a port rejection, withdrawal or reversal, JINGL is not responsible for any period of outage and no responsibility is accepted by us for any loss of income or business as a result of a port being rejected.

By accepting these terms, you are agreeing not to allow through your actions, or those of others, the use of services from JINGL for unlawful, immoral or illegal purposes; including but not limited to making offensive, life threatening, unwelcome, indecent or prank/hoax calls, using the services fraudulently or to commit or further a criminal offence.

You must inform us if there is any change of ownership or control of the Customer or if any events occur which may stop or inhibit you from paying your bills or if you become insolvent or if any directors or partners of or in the Customer are convicted of any crime.

You will pay all charges levied by your previous carrier up to the time when your services are transferred to JINGL and indemnify JINGL against any claims or losses arising from the transfer of your service.

In case of your decision to transfer to a new Carrier you will pay JINGL all amounts due to JINGL under the terms of your agreement with JINGL before doing so.

If you would like to transfer your services or those provided to you by JINGL to another Provider, you will need to contact the other Provider in order to pursue this.

JINGL reserves the right to charge a fee for porting your telephone numbers to or from JINGL. Not all numbers can be ported to or from JINGL, and we reserve the right to reject any porting request.

There is a description of the available plans with JINGL on a number of different Critical Inforamtion Summary which can be obtained from our offices or website. You can also ask our friendly customer service team to send them to you by post, fax or e-mail.

JINGL may vary the nature of its plans and/or increase the rates shown on its Critical Inforamtion Summary from time to time. If these changes affect you we will give you 21 days prior notice of the change and you may cancel your agreement during the period of 42 days of receiving such notice subject only to payment in full of all charges and costs incurred prior to the cancellation taking effect.

The following terms apply to all of JINGL plans except where the contrary is stated on the relevant Critical Inforamtion Summary:
1. Rates are quoted in Australian dollars
2. Rates quoted are inclusive of GST

If there is a fixed monthly charge for the service under a fixed term then JINGL will bill out any unexpired period at the specified rate as soon as it is aware that termination will take place.

If you terminate your fixed term agreement with JINGL and such termination results in your agreement coming to an end prior to the end of the Term, you shall pay a termination payment equal to:
1. The difference between the discounted value and the full recommended retail price of any equipment supplied to you under a discount subscription; and/or
2. The amount of your monthly “Plan Access Fee” and/or “Rental Fee” during the term multiplied by the number of months or parts of months of the unexpired term at the date of termination;
3. plus GST.

Unless it may not do so because of the principles of an Industry Code or by the general law or the regulations of ACMA or a body competent to impose such controls, JINGL will use all reasonable care in providing the services.

JINGL accepts no responsibility for any loss or damage of any nature relating to the same in any way.

You accept that JINGL’s liability is limited for any service outage and inability to dial 000 or to access emergency services.

JINGL will never be responsible for lost profits or opportunities or for pure economic loss.

JINGL will apply the Industry Codes and the Internet Industry Privacy Code of Practice if inconsistent with the terms hereof.

You accept and agree that you will have no claim against JINGL or any underlying network access provider if you are unable to access the service and the exclusions and limitations of liability in this clause shall apply to all claims arising from your use of the service including claims against our business associates.

To allow us to offer you competitive pricing whilst maintaining a high standard of customer support you agree to waive certain rights you have under the Customer Service Guarantee (CSG) also known as Telecommunications (Customer Service Guarantee) Standard 2000 (No. 2). By using JINGL’s services you will be deemed to have waived your rights under the CSG, unless you inform us within 7 days of submission of your Application for Services that you no longer wish to waive those rights. If you inform us with the 7 day period, we may repudiate to accept your Application for Services.

We shall not be liable for you or any third party in contract, for negligence or breach of statutory duty, or otherwise, for any loss of revenue, business, anticipated savings, profits, (whether or not in each case they are considered to be direct or indirect losses), corruption or destruction of data, or for any indirect or consequential loss howsoever arising, or in connection with any computer virus or system failure even if we are expressly advised of the possibility of such damage or loss.

In the event of any failure in the service, we shall not be liable for any charges incurred by you, should you divert your traffic to another provider.

You will indemnify JINGL from and against any and all costs, expenses, (including reasonable legal fees), claims, demands and actions arising from or related to any breach of this agreement or any misuse of the service or equipment (whether or not supplied by JINGL).

We shall not be liable to you for any loss or damage due to any cause beyond our reasonable control such as failure or shortage of power supplies, acts or omissions of other communications providers, compliance with any law or court order, acts or omissions of local or central government or other competent authorities.

If the principles of an Industry Code or the general law or the regulations of ACMA or a body competent to enforce such controls require JINGL to take responsibility for any loss or damage, then such responsibility will be restricted to one of the following at JINGL’s option :
1. The replacement or repair of the relevant goods or the supply of equivalent goods; or
2. The payment of the cost of replacing the goods or of acquiring equivalent goods; or
3. The supply of the relevant services again or the payment of the cost of having the services supplied again.

We shall not be in breach of this agreement for any delay or failure in performance if such delay or failure is due to a cause beyond our reasonable control.

You must compensate JINGL if you fail to abide by the terms of your agreement for any loss that it suffers as a result.

If you do not succeed to abide by the terms of your agreement, in addition to meeting any claims that JINGL may bring against you, you will take responsibility for and hold JINGL harmless from any liability to JINGL arising as a result of such failure as well as any sums by way of indemnity, legal and other costs, charges and expenses JINGL may incur as a result of such matters.

You authorise JINGL to make any payments or to conform with any demands in respect of such failures by you, without any reference to or further authority from you, and you agree that any such payment shall be binding on you.

Without prejudice to our rights to terminate this agreement, we may suspend the service at any time if we reasonably believe you are in breach of any terms of this agreement or any other agreement with us.

JINGL may :

1. Terminate your agreement or suspend the services without notice if it has reasonable grounds to suspect that you will not meet present or future charges payable to JINGL and it has taken reasonable steps to bring this to your notice.
2. Terminate your agreement or suspend the services if you are in material breach of your agreement or unsuccessful to pay any charges that are due for payment.
3. Terminate your agreement at any time (other than for the duration of an agreed fixed period) on giving 30 days prior notice in writing and without giving any reason for doing so subject to refunding any unexpired pre-paid credit to you.
4. Terminate your agreement or suspend the services without notice if: you make, or offer to make, an arrangement with your creditors; you commit an act of bankruptcy; someone brings a petition against you, receiving order or administration order against you to make you bankrupt; you are a limited company and a resolution to liquidate the company is passed or a receiver or administrator is appointed over all or part of your assets. We can also end this agreement if we think any of these actions or similar actions may happen.
5. Suspend the supply of the services for a reasonable period for operational reasons.
6. Suspend the supply of the services if you are approaching or exceed your approved credit limit.
7. Suspend the supply of the services in case of an emergency.
8. Suspend the supply of the services if it has reasonable grounds for suspecting fraud or unlawful conduct in relation to the services.
9. Suspend the services if we are obliged to comply with legislation or regulatory requirements including but not limited to any authorisation or licence under which we provide the service expiring or being revoked or the order of a competent court or agency.
10. You may, by written notice to Jingl, and signed by you: Terminate your Agreement during the period of 42 days after receiving notice of increase of charges, as detailed in the “Plans” section, subject only to payment in full of all charges and costs incurred preceding the effective date of termination; Terminate your Agreement at any time by giving 30 days prior notice to Jingl expiring at the end of a billing period.

If you are discontented with the services or with any actions taken by JINGL you should give notice of this directly to JINGL.

Both you and JINGL’s complaints officer must take all reasonable steps to discuss the matter and try to resolve the same within 21 business days.

You agree not to refer any matter to the Telecommunications Industry Ombudsman until you discuss, send a notice and try to resolve the matter with the JINGL's complaint resolution team.

JINGL will be entitled to treat any notice as duly served if either:
1. It is sent by post and is not returned as undeliverable by Australia Post; or
2. It is sent by fax and the fax is successfully transmitted to the correct number; or
3. It is sent by e-mail and the e-mail is not rejected by the system within 7 days after being sent.

Notices to JINGL's complaints officer must be in writing, clearly addressed to 'The Complaints Officer' and sent to JINGL at JINGL's address shown on the website or any new address notified to you by JINGL from time to time by registered post or delivered by hand to that address.

JINGL may make changes to these terms and conditions from time to time by varying the version available on the JINGL Website.

JINGL may also modify its plans from time to time. All applied changes will be made available on JINGL website – www.jingl.com.au

JINGL has a return or refund policy for all goods purchased from the JINGL website. Goods which are delivered in a non-working condition or which are determined to have a major problem are eligible.

For a major problem, if it cannot be fixed or would take too long or be too difficult to fix you can:
1. Return the item and choose a refund or exchange, or
2. Keep the item and we will compensate you for any drop in value.

For a minor problem, if it can be fixed within a reasonable time we will :
1. Repair it within a reasonable time, or
2. Give you a refund or exchange.

When you are NOT entitled to seek a refund
1. Changed your mind.
2. Have ordered the wrong item.
3. Found the goods cheaper elsewhere.
4. Were aware of the relevant fault before buying the goods.
5. Damaged the goods by misusing them.

Further information can be found here Click Here

We guarantee that we shall provide the service with reasonable skill and care, within a reasonable time and substantially as described in this Terms & Conditions and in the Service Description. We do not guarantee that the provision of the service will be fault free or uninterrupted but will use all reasonable skill and care to provide and maintain the service. We do not make any other promises or warranties about the service. You acknowledge and agree that in entering into this agreement you do not do so on the basis that the service will always be optimal, and do not rely on any representation, warranty or other provision except as expressly provided in this agreement and all conditions, warranties or other terms implied by statute or common law are excluded to the full extent permitted by law. The equipment and the service are made available for your own use only.

We reserve the right to alter or discontinue all or part of the service, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the service.