Important:  Please ensure that you read this document carefully.  If you do not agree to this Customer Service Guarantee waiver, you must notify Fonality within 7 days of receiving this document.

1.  INTRODUCTION

1.1     The Telecommunications (Customer Service Guarantee) Standard 2011 ("Standard") sets out certain rights and protections that are available to a customer that receives a standard telephone service. The Standard is made pursuant to section 115 of Part 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ("Act") and the rights and protections under the Standard are collectively known as the Customer Service Guarantee ("CSG"). The CSG is only available to customers that have 5 or less standard phone lines.
1.2     The Standard can be found at: www.comlaw.gov.au/Details/F2011L00413/Download
1.3     Part 5 of the Standard allows us, as your carriage service provider, to propose that you (the Customer) waive certain rights and protections in connection with the CSG.
1.4     Fonality is able to offer substantially cheaper call costs under the Terms of Service and Licence Agreement, but only on the basis that you agree to waive the rights and protections as stated at paragraph 2.2 below.
1.5     This CSG waiver sets out the rights and protections that you (the Customer)  agree to forego in order to obtain significant service benefits provided by Fonality Pty Ltd ABN 32 112 795 276 (Fonality) with respect to the services identified at paragraph 2.1 below.

2. TERMS

2.1     Service to which waiver applies. This CSG waiver applies to the services to be provided by Fonality under the Terms of Service and Licence Agreement between Fonality and the Customer, entered into on or about the date of this CSG waiver ("Service").
2.2     Acknowledgement of waiver. In accordance with Part 5 of the Standard, the Customer acknowledges that: (a) the Customer waives each of the rights and protections available under Part 5 of the Act and Part 2 of the Standard to the extent that such rights and protections relate to the Service; (b) as a result of the Customer's waiver: (i) the Customer will obtain the significant service benefit of substantially cheaper call charges than would otherwise be payable for the Service; and (ii) the Customer will not be able to claim damages or any amounts in compensation from Fonality where the CSG performance standards are not met including, without limitation, pursuant to section 116 of the Act; and (c) except as provided in this paragraph 2.2, the rights and protections of the Customer under Part 5 of the Act will not be forgone.
2.3     Date waiver takes effect. This CSG waiver will take effect at the end of the period of 7 days after the day on which this document is given to the Customer, unless the Customer withdraws its acceptance by notice to Fonality before the end of that period.
2.4     Withdrawal by Customer. All notices to Fonality from the Customer in relation to this CSG waiver must be addressed to the Customer's Fonality representative and sent by post to the following address: Level 6, 56 Berry Street. North Sydney NSW, 2060.
2.5     Consequence of withdrawal. If the Customer notifies Fonality of the Customer's withdrawal within 7 days of being given this CSG waiver, Fonality may not be able to provide the Services to the Customer in accordance with the Terms of Service and Licence Agreement.  Until the day on which this CSG waiver takes effect, Fonality reserves its right to refuse provision of the Service.

© 2011 Fonality, Inc. All rights reserved. Unauthorized duplication is a violation of applicable US, Australian and international laws.

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