Tag Archives: contract

Mythbuster: ‘Entire agreement’ clauses lock out misrepresentation claims

People are often confused about the effect of clauses that say ‘You acknowledge that we have made no other promises or representations to you.’ Often you see such clauses quoted in support of an argument that a claim for misrepresentation … Continue reading

Posted in ACCC, Australian Consumer Law, Competition and Consumer Act, Making sense of contracts, Mythbusters, Trade Practices Act | Tagged , , | Leave a comment

SFoA backgrounder released

Many CSPs are already using a ’Standard Form of Agreement’ but many others don’t … and don’t know what it’s all about. To demystify the topic, here’s a dowloadable SFoA backgrounder that overviews what they are and why they can improve CSP business … Continue reading

Posted in Making sense of contracts, Telecommunications Act | Tagged , , , | Leave a comment

Why Telstra and Optus need to be concerned about the coming unfair contracts law

Some time this month, Minister for Competition Policy and Consumer Affairs Chris Bowen will introduce an ‘unfair contract terms’ Bill into Federal Parliament.  Telstra and Optus have both slammed it. Businesses that contract with Telstra and Optus need to understand … Continue reading

Posted in New laws, Trade Practices Act | Tagged , | Leave a comment

Dodo’s doh! doh! liability limitation

How simple can Parliament make it ? In certain cases, a service provider cannot limit its liability in any way. Not at all. Zip. Zero. Zilch. Yet time and again, CSPs pretend (the polite legal word is ‘purport’) to limit … Continue reading

Posted in General | Tagged , , | 1 Comment

Test yourself: How far back can a telco or ISP back bill ?

How far back can a CSP go in billing charges after the billing period in which they were incurred ? Clue … there’s a Communications Alliance Code that’s relevant, and a TIO policy.

Posted in Code compliance | Tagged , , | Leave a comment

Mythbuster: A CSP can’t cut service just because a payment is late

A surprising number of people, both service providers and consumers, believe that an overdue payment entitles a CSP to suspend or terminate service. For consumer and small business contracts, that simply isn’t true.  If there’s nothing more to it, the … Continue reading

Posted in General, Mythbusters | Tagged , , | Leave a comment

Mythbuster: A CSP can’t change its contract instantly

Many ISP and telco contracts contain a term to the effect that the service provider can change the contract at will.  It’s normally followed up by something like ‘so you must check this T&C page frequently.’ The truth:  In consumer … Continue reading

Posted in How not to do it, Mythbusters | Tagged , , , , , | Leave a comment

Struggling to make sense of Dodo’s liability clauses

Regular readers will know that T&C clauses that (supposedly) limit CSP liability are very important.  If you don’t get them right, you can be exposed to unnecessary legal risk. Worse, you may commit a criminal offence under the Trade Practices … Continue reading

Posted in How not to do it | Tagged , , , | Leave a comment

CSPs fail simple compliance test

It’s surprising how many service providers trip up on basic compliance requirements.  We surveyed 36 Aussie CSPs against a simple benchmark.  21 of them failed. The smaller the company, the more likely it was to get the requirement wrong.  But … Continue reading

Posted in How not to do it, Telecommunications Act | Tagged , , , | 2 Comments

Online trader Best Buy Australia gets trade practices law wrong

Best Buy Australia Pty Ltd caught our attention when it was fined by ACMA for spamming.  So we took a look at their T&Cs, just out of interest. Perhaps unsurprisingly, they get the law seriously wrong when it comes to … Continue reading

Posted in How not to do it, Trade Practices Act | Tagged , | Leave a comment