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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
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
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
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
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.
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
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 AAPT, CAV, consumer protection, contract, regulation, TPG
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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
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 ACMA, contract, regulation, sfoa
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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