CUSTOMER POLICIES, NOTICES AND AGREEMENTS
Acceptable Use Policy
IDXNET Standard Terms
and Conditions
If we accept your application for a credit account with us we
will supply you with internet services in accordance with
these terms and conditions.
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Definitions and Interpretation
(The words highlighted in bold in this agreement are
definitions)
IDXNET means IDXNET Computing Pty
Limited ACN 070 515 481, trading as IDXNET and its employees,
officers, agents and affiliates.
Customer means the person, company or other
entity on the application form which IDXNET accepts.
Agreement means these standard terms and
conditions (as amended or varied from time to time by IDXNET),
the details on the customer's application for a credit account,
the signed application form and the type of account that the customer
selects.
Service or services or internet service means
the computing and communication Internet service provided by IDXNET,
and any future modifications to the service.('the services')
Customer User ID means as specified in the customer's
application form.
Type of account means the type of account that
the customer selects to use.
Internet Services IDXNET will provide the
services to the customer upon commencement of this agreement.
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| 2. |
Commencement
The period of service for the services commences when IDXNET
registers the Customer's User ID. It ends at the date of
termination.
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| 3. |
IDXNET's Fees and Charges
The customer agrees to accept the pricing and charges
for services for the customer's type of account as
published on the IDXNET's home page at www.idx.com.au. The customer
agrees that these form part of these terms and conditions.
IDXNET may vary the pricing and charges at any
time by giving reasonable notice to the customer by e-mail and
by publishing the new price or charge on its home page. By continuing
to use IDXNET's services after IDXNET publishes its new
price or charge the customer agrees to accept the new price or
charge.
IDXNET will send the customer a monthly account at the
beginning of each month via e-mail. The customer agrees to pay
from the commencement date a one-off charge for each User ID
registered. The customer agrees to pay within seven days of IDXNET
issuing an account for: all charges for the type of account that the customer
selects, incurred by any person using the customer's password.
(The customer must pay these charges whether or not the use of
the password is authorised); and any additional charges that the customer
incurs through using the services.
Business customers agree to pay the minimum monthly usage
charge applicable to each business account listed in the selected
billing option.
The customer agrees to pay interest on overdue payments at 2%
above the overdraft rate from time to time as charged by IDXNET's
principal bankers. (This rate is published on IDXNET's home
page)
The customer may change the type of account through IDXNET's
home page. The change in type of account commences when IDXNET
accepts the customer's application for the change. The change
may be given electronically and by email.
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| 4. |
Customer's own costs
The customer agrees to pay for: installing and using
telephone lines and all other equipment needed to use the services; all
telecommunication charges for using the services; and all government
taxes, duties and levies imposed on the customer or IDXNET
in providing the services, including GST.
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| 5. |
Acceptable Use Policy
The customer agrees to abide by IDXNET's Acceptable Use policy published on the IDXNET
website: www.idx.com.au. This policy may be changed from time to time
and the customer must ensure that they are aware of any such changes.
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| 6. |
Accounts Administrator
The customer must immediately inform IDXNET
in writing if the Nominated Account Administrator changes.
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| 7. |
Security Deposit
IDXNET may require the customer to pay a
security deposit before providing any Services, or as a condition of
continuing any of the Services. In its discretion, IDXNET may
use the security deposit to pay for any costs, loss or liability caused
to it by the customer. IDXNET will refund the balance
of the security deposit, without interest, when the customer
has fully performed all obligations under the agreement.
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| 8. |
Amendment of agreement
IDXNET may amend these terms and conditions and the agreement
at any time after giving reasonable notice to the customer. IDXNET
may give this notice electronically to the customer's e-mail
address and by posting it on its website. The customer agrees
if the customer continues to use the services after notice is
given the customer has accepted the amendment.
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| 9. |
Publication at Customer's Risk
The customer accepts all responsibility for any
information and material that the customer publishes over the services.
The customer indemnifies IDXNET from any liability that
IDXNET incurs through the customer's
publication of anything over its services. The customer
acknowledges that IDXNET does not vet or approve anything
available through its services and that IDXNET accepts no
liability for any material available on the services. The customer
accesses and uses such information and material at the customers own
risk.
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| 10. |
Provision of Service
The customer acknowledges that IDXNET cannot
provide an uninterrupted or fault-free service. The customer
acknowledges that IDXNET provides its services to the customer
at times and by means that it decides in its own discretion.
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Breaches of the agreement
The customer agrees to indemnify IDXNET
against any economic loss to or liability to IDXNET as a result
of the customer breaching the terms of any agreement with IDXNET.
The customer agrees that this includes the period between when IDXNET
became aware of the breach and when it was entitled to terminate the
agreement. The customer must pay to IDXNET all expenses
it incurs in recovering any money that the customer owes to it.
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| 12. |
Termination
Termination by IDXNET: IDXNET may terminate
the agreement or the provision of any services :- If the customer
breaches any term of the agreement including those relating to payment
or use; or IDXNET believes that the customer is or may
be bankrupt or insolvent; or the customer has provided false or
incomplete information to IDXNET; or if IDXNET or a
regulatory authority believes that it is not in the public interest to
continue providing the services to the customer.
Termination by the customer: The customer
may terminate the agreement at any time by giving thirty days written
notice to IDXNET. The agreement is terminated on the thirtieth
day after IDXNET receives the notice of termination. This
notice may be given electronically and by email. On termination the customer
must return to IDXNET any materials that IDXNET
provided to the customer in relation to the services.
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| 13. |
Liability of customer on termination
Termination by IDXNET: If IDXNET gives the customer
notice of termination, the customer must immediately pay all
outstanding charges. The customer is not entitled to any refund
of payments made under this agreement. IDXNET must use the customer's
security deposit to offset any amount that the customer owes IDXNET
at termination.
Termination by the customer: IDXNET will
refund to the customer any unused advanced payments on monthly
accounts. IDXNET will not refund to the customer any
payments relating to special or discounted accounts.
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| 14. |
Suspension of Service
IDXNET may suspend, in its discretion and without
notice to the customer, the services or may disconnect or deny
the customer access to any of the services: if the customer
breaches any term of the agreement - including failing to pay due
charges - until the customer remedies the breach; or if the customer
does anything that IDXNET believes violates the IDXNET's
Acceptable Use Policy. During any technical failure and modification of
or maintenance to the services IDXNET may suspend or disconnect
the service without notice to the customer. IDXNET will
make all reasonable attempts to resume the service as soon as
reasonably practicable. The customer remains liable for all
charges due throughout the period of suspension.
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| 15. |
Technical Support
IDXNET may but is not obliged to provide the customer
with technical support. IDXNET does not guarantee the support
and is not liable for any loss or damage caused to the customer
in connection with the support.
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Disclaimer and exclusion of Liability
To the extent that the law allows, IDXNET is not
liable to the customer or any other person or entity for:-
negligence; or any economic loss or liability caused by its supply or
failure or delay in to supply the services; or the content, context or
confidentiality of any communications made using the services. IDXNET
cannot provide support for software it does not supply, including
software downloaded from the Internet. This disclaimer does not apply
to any term or warranty that the law does not allow to be excluded. Any
term or warranty that the law implies into this agreement is deemed to
be included in the agreement. If the law allows it, IDXNET
limits its liability at its own discretion, to: repairing or replacing,
or paying to repair or replace any damaged or faulty goods; or
resupplying or paying the cost of resupplying the services.
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| 17. |
Credit checks and the Privacy Act
The customer consents to IDXNET obtaining
from a credit reporting agency any necessary personal information to
allow IDXNET to assess the customer's application for
credit. Information on what personal information IDXNET may
obtain and how it may use it is in the Privacy Act box below.
Particular information about an individual is governed by paragraph 1.3
of the National Privacy Principles. A copy of the National Privacy
Principle 1.3 can also be obtained by reference to IDXNET
website.
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| 18. |
Assignment
The customer must not assign the customer's
rights under this agreement.
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| 19. |
Governing Law
The laws of New South Wales govern this agreement. IDXNET
and the customer agree to submit to the jurisdiction of the New
South Wales courts.
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CREDIT TERMS
1. In making this application the applicant acknowledges and
consents to the terms and conditions in relation to the Privacy ACT of
1988 given below which allows IDXNET access to consumer credit
reporting to allow credit assessment of this application.
2. Credit facilities may be withdrawn on overdue accounts at IDXNET's
discretion without notice. The applicant allows IDXNET to report to the
credit-reporting agency any overdue amounts of more than 60 days and
for which debt collection has started.
3. It is understood that payment is due at date of invoice. Should
payment be defaulted then the total account becomes due and IDXNET
reserves the right to use the services of a debt collection agency or
solicitor to collect debts and if necessary report the default to a
credit reporting agency. The person making the application is the
person to whom IDXNET will look for payment.
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CONSENT TO
ACCESS CREDIT APPLICATION UNDER THE PRIVACY ACT 1988
You have provided IDXNET with information about yourself in
your application. IDXNET may disclose your credit information to a
credit reporting agency. IDXNET may use this information only in
accordance with the Privacy Act 1988. In applying for a credit account
with IDXNET you acknowledge that the following summarised sections of
the Privacy Act apply to your application:
1. IDXNET may give notice of disclosure of your credit information to a
credit reporting agency. Section 18E(1) - Section 18E(8)(c) - Section
18E(3)
2. IDXNET may seek commercial credit information. Section 18L(4)
3. IDXNET may seek consumer credit information in relation to
commercial credit. Section 18K(1)(b) and Section 18K(1)(h).
4. IDXNET may use a credit report about you for collecting overdue
payments. Section 18K(1)(h).
5. IDXNET may seek from or give to other credit providers details about
your credit worthiness. Section 18N(1)(b).
If you have any particular queries you should seek independent legal
advice or refer to the Privacy Act 1988 yourself.
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to the terms and conditions
ACCEPTABLE USE POLICY
This Acceptable Use Policy specifies the actions
prohibited by IDXNET to customers using the Internet.
The customer referred to in this document is the customer
as defined in Clause 1 of the IDXNET Terms and Conditions or
any user whether authorized or not authorized by the customer. IDXNET
may vary this policy at any time and effective upon posting of the
changed policy on the IDXNET website WWW.IDX.COM.AU.
1. All non-permanent dial-in accounts are subject to our
excessive use policy. We define excessive use as more than 360 hours
use per month as or more than 1000 MB (1 Gigabyte) download. Download
is the count of all bytes of data transferred from the Internet to your
computer. Download can happen when you are browsing the Internet, or
reading your email, etc. Download is expressed in Megabytes (MB) which
is 1,000,000 bytes. Accounts may be terminated if the use is excessive
for two consecutive months.
2. We reserve the right to terminate the use of the free web
space if the download rate is more than 100MB per month.
3. The email size limit is 4mb per email. Emails more than
two months old are deleted from our system.
4. Session time limit on non-permanent dial-in accounts is
set to a maximum 10 hours and maybe changed from time to time by our
network administrator without prior notice. During peak periods,
session time limit maybe reduced to maximum 3 hours. Shorter session
times may exist on our special plans.
5. The customer must not use the IDXNET
network to break any Australian or International law including
criminal, copyright and intellectual property laws.
6. The customer agrees not to publish any illegal
material. The customer acknowledges that IDXNET does
not vet or approve anything available through its service and that IDXNET
accepts no liability for any material available or published using its
services.
7. The customer agrees to conform to Internet
protocols and standards and abide by the acceptable use policies
of other networks that IDXNET services is linked to.
8. The customer abides by the security and
authentication protocols of IDXNET and all other network that
it is linked to. The customer may not interfere or circumvent
any established security or authentication protocols of any hosts,
network, account or services available on the Internet. These
activities are sometimes referred to as "hacking", "cracking" or
"denial of service attacks".
9. The following activities without limitation are
prohibited:
- Engage in any
activity that may jeopardize or disrupt the normal operation of IDXNET
and any network or system that it is linked to
- Breach any security measure or authentication system on the Internet
including attempt to scan, probe or test the vulnerability of a system
or network.
- Interfere with services of any network or system with the intent of
overloading the network or system
- Attempt to conceal or forge any TCP-IP packet header or any part of
the header information.
- Unauthorized monitoring of data or traffic on any network or system.
- Attempt to transfer files or computer programs to another network or
computer system without the expressed approval or consent of the owner
of the network or system.
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10. IDXNET consider these acts as abuse of
service and will cause immediate termination of the customer's services
without prior notice.
11. IDXNET prohibits sending of any unsolicited email
messages ("spamming") of any kind. The customer may not use or
attempt to use another network's mail server to do spamming. The customer
agrees not to send or forward any malicious email or propagate chain
emails. The customer must not use another email address that is
owned by another person or company without the consent or authorization
of the owner.
12. The customer agrees to abide by all the
guidelines and acceptable use and posting policy of newsgroups. Any
excessive posting or posting of irrelevant material is not allowed.
13. The customer is aware by doing any of these
prohibited acts that it may incur criminal or civil liability and IDXNET
will fully cooperate with any law enforcement agency in the
investigation and prosecution of such activities.
Back to the terms and conditions
Privacy Policy
IDXNET
COMPUTING PTY LTD (IDXNET) (ACN 070 515 481) advises that
it will collect personal information for the purpose of processing your
application, confirming your identity, addressing any feedback or
complaints you have, answering any queries you may have and for any
purpose for which it was requested or which directly or indirectly
relates to developing and improving its products and services.
IDXNET
proposes to abide by the National Privacy Principles espoused in the
Privacy Act 1988 (Cth).
Personal
Information is information or an opinion, in any form and whether true
or not, about an individual whose identity is apparent or can be
reasonably be ascertained from the information or opinion.
IDXNET
may exchange personal information:
- with any entity to which it is required or authorised by or
under law to disclose such information (for instance, Federal or State
law enforcement agencies and investigative agencies, courts, and
various other Federal or State government bodies);
- with others that you have been informed of at the time any
personal information is collected;
- with our business associates and others for purposes
directly related to the purpose for which the personal information is
collected
- with our professional advisors and other contractors (for
example IT consultants and mailing houses); or
- with your consent (express or implied), to others.
IDXNET may also obtain personal and other information
from some or all of the above to enable it to provide its services or
products to you. When it obtains personal information and other
information from third parties to whom it is referred by you, IDXNET
will assume you have made that third party aware of the referral of the
persons and purposes involved in the collection, use and disclosure of
the relevant personal or other information.
If IDXNET use or disclose your personal information
for a purpose (a "secondary purpose") other than the main reason for
which it was originally collected (the "primary purpose"), to the
extent required by law, we will ensure that:
a) the secondary purpose is related to the primary purpose of
collection and you would reasonably expect that IDXNET would use or
disclose your information in that way; or
b) you have consented to the use or disclosure of your personal
information for the secondary purpose; or
c) the use or disclosure is required or authorised by or under law; or
d) the use or disclosure is otherwise permitted by law.
You can ask to obtain access to your personal information
which IDXNET holds, although under some circumstances permitted
by law, it may not provide such information to you. Also IDXNET
may not be able to require our contractors to provide personal
information to you.
You may be asked to put your request in writing and to pay a
reasonable fee levied by IDXNET for that purpose. If any of the
information obtained by IDXNET is incorrect or inaccurate, it
is expected that you provide the correct information so that the
information hold by IDXNET is complete and accurate and
up-to-date.
Please let us know if you believe that any personal
information relating to you is incorrect.
If you have any complaints about the way IDXNET has
dealt with your personal information, you are asked to contact IDXNET
by telephone on 1300 138 788 and IDXNET will attempt to respond
to the complaints or requests made.
If you are unsatisfied with the outcome, you may refer the
matter to the Office of the Federal Privacy Commissioner at:
Website: www.privacy.gov.au
Phone: 1300 363 992
If it is necessary this Privacy Policy may be amended at any
time. If that occurs, the amendments will be available on the IDXNET
website so that you may be aware of how IDXNET manages your
personal information.
Please contact IDXNET if you have any questions about
personal information that it holds about you or the way it handles your
personal information.
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to the terms and conditions
Privacy Principle 1.3
IDX Computing
Pty Ltd trading as IDXNET/(IDXTEL) may be contacted by telephone 1300
138 788 or via email on www.idx.com.au.
The purposes that personal information is collected from individuals
are for use of credit assessment and network security. The organisation
to which the information would be disclosed is a credit reference
bureau and the main consequences for you if the information is not
provided, is that your application for Internet or voice services may
be refused.
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Complaint
Handling Process – Summary
Our principles:
You have a right to complain, and if you do we will
deal with your complaint in a fair, efficient, objective manner and through a
transparent process.
We strive to solve any problems you may have during
your first contact with us.
Our complaint handling process complies with the
requirements of the Telecommunications Consumer Protections Code C628:2012 (TCP
Code) and responsibility for compliance with the process lies with our Chief
Executive Officer.
Free of charge:
We will not charge you for dealing with your
complaint in most instances, and we will never charge you without telling you
first.
We may charge you to recover our costs in very
specific circumstances only, i.e. we may charge you where you request
information that was collected more than two years ago or where you request information that is not free of charge as per our Standard
Form Customer Contract or our Critical Information Summary.
If cost recovery charges apply, we will tell you
before charging you (and you may of course choose not to pay and discontinue
your complaint) and we will inform you about your options for external dispute
resolution, e.g. the Telecommunications Industry Ombudsman (TIO).
How to make a
complaint?
If you wish to complain, please contact us:
Customer Support – 1300 138788 Mon-Fri 9AM-9PM Sat
9AM-6PM
Use “CONTACT US” on our website www.idx.com.au anytime
If you are calling us from a landline, your call is billed
at a local call rate. Note that calling us from a mobile may be more expensive.
We will help you formulating, lodging and progressing
your complaint if you request this.
Of course you can appoint an authorised representative
or advocate to make a complaint on your behalf. For help with how to appoint an
authorised representative, please go to :
http://www.idx.com.au/Terms.php#authrep
What we will do:
Acknowledge…
We will acknowledge your complaint immediately if you
complained to us over the phone, and within 2 working days if you have lodged
your complaint through any other channel including where you left a message on our
answering machine (e.g. outside our office hours).
When we acknowledge your complaint we
will give you a unique reference number or similar
to enable you to easily follow up on your complaint. We will also give you an
indicative timeframe for resolving your complaint. You can follow up on your
complaint by emailing accounts@idx.com.au
attention CUSTOMER SUPPORT MANAGER if your complaint has not been given the
proper attention.
Our goal is to always fix your problem during your
first contact with us.
Sometimes this is not possible and we need to
investigate the matter. We will then agree with you on how to fix your problem
(this may include waiving of fees or other commercial solutions) and advise you
accordingly within 15 working days of receiving your complaint. We will advise
you in writing if you request this.
Occasionally it may take longer than 15 working days
to investigate your problem and in this case we will explain why and give you a
new expected timeframe.
If the delay is more than 10 working days (and is not
the result of a Mass Service Disruption) we will also inform you about your
options for external dispute resolution such as the TIO.
We will implement all actions required to fix your
problem within 10 working days unless you agreed otherwise or unless you have
not done something that we needed you to do and we cannot proceed because of
this.
What if your
complaint is urgent?
Your complaint will be treated as urgent
·
if you have applied for being in financial hardship under
our Financial Hardship Policy and the issue you are complaining about directly
contributes to the Financial Hardship you are experiencing, or
·
if your service has been disconnected or is about to be
disconnected and due process has not been followed, or
·
if you are receiving Priority Assistance (e.g. because of
a severe medical condition) for the service you are complaining about.
In this case we will agree with you on how to address
the issue and implement all required actions to fix the issue within 2 working
days. If there is a delay, we will explain why, provide you with a new expected
timeframe, and if it is a longer delay also inform you about your options for
external dispute resolution such as the TIO.
If you are unhappy
with our efforts:
If you tell us that you are not satisfied with the
complaint timeframes, its progress or the outcome or if you tell us your
complaint ought to be treated as urgent, we will escalate your complaint
internally. If you are still dissatisfied, we will inform you about your
options for external dispute resolution such as the TIO.
We will never cancel your service only because you
have contacted an external dispute resolution scheme.
Telecommunications
Industry Ombudsman (TIO)
We encourage you to always contact us first if you
experience any problem or are unhappy. We will do our best to solve your
problem during our first contact.
You can contact the TIO as follows:
Phone: 1 800 062
058
Fax: 1 800 630 614
Online: http://www.tio.com.au/making-a-complaint
The services of the TIO are free of charge.
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Notice To Customers With Regards To
Calling Number Display
In compliance
with the provisions of the Industry Code - Calling Number Display,
specifically clause 7.2.3 which states :
"Carriage Service Providers receiving CLI must inform their Customers:
(a) that they are receiving the Customer's CLI regardless of
whether the Customer has Blocked sending it; and
(b) any privacy implications for the Customer.",
IDXNET would like to inform all our customers how it is complying with
this provision.
(For a complete text of the Code, please refer to http://www.acma.gov.au/WEB/HOMEPAGE/industry_codes)
IDXNET's use of the Calling Number Display is primarily guided by its Privacy Policy as stated above. IDXNET will also
obey and implement the provisions of the Industry Code. If you have any
concern or complaints regarding the use of your CLI by IDXNET, please
call 1300 138 788 or send an email to info@idx.com.au.
Alternatively, you can address your complaints to the
Telecommunications Industry Ombudsman (www.tio.com.au)
or the Federal Privacy Commissioner (www.privacy.gov.au). Appointment of an Authorised Representative
Customers
are able to appoint an authorized representative to assist them in
operating their account or with regards to technical issues. The
authorised representative must provide some details in order to
identify them. The customer must send an email to accounts@idx.com.au
to provide details of the authorised representative. The details
required are name, address, contact number and date of birth. These
details are entered on the customer accounts information. The use of
the information provided is guided by the same privacy rules as applied
to the customer's information.
Financial Hardship Policy
Customers
may experience financial hardship from time to time. Financial hardship
arises due to a change in customer's situations like unemployemnt,
illlnes, natural disaster, etc. Also, an unexpected large bill may
contribute to this hardship.
IDXNET is always willing to assist and negotiate with customers in meeting their financial obligations.
To assist customers in this process, the following procedure must be done:
1. The customer must inform IDXNET as soon as possible of the financial
hardship situation. The Customer should send the email to
accounts@idx.com.au specifying the bill that the customer has a problem
paying.
2. Customer must state the amount owed and the reason(s) for not being able to pay the amount owed.
3. IDXNET will reply to the email within 24 hours and will start negotiating with the customer for a payment arrangement.
4. IDXNET will consider all proposals made by the customer to pay the
account and will do so in a cooperaive and symphatetic manner. All late
payment and notices fees will be waived during this negotiation period.
5. Once the payment plan is agreed, IDXNET will confirm this via email and the plan will be effective.
6. If in the course of the payment period another financial hardship is
experienced by the customer, then the process will be repeated and a
new payment arrangement will be negotiated.
7. If the customer refuses to pay the amount owing after several
attempts at negotiation, then the debt may be referred to our credit
reporting agency. The debt can also be written-off depending on the
amount and circumstances of the customer.
Customers seeking assistance on financial hardship and counselling may consult the following website:
www.moneysmart.gov.au and click on financial counselling.
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