The following Terms and Conditions supplement Dailye Pty Ltd Master Agreement which can be found here.  Any item or issue not covered in this Terms and Conditions will fall back to the Master Agreement. By agreeing to these Terms and Conditions, you are also agreeing to Dailye Pty Ltd Master agreement.

1.0 General Information about Dailye Pty Ltd Data and Services:

Dailye Pty Ltd reserves the right to terminate a Data Plan in the event of non-payment  or overdue payment for services provided

The Authorized signatory of this account, will be notified by both email and general mail of the intended disconnection or suspension of the services.

Early termination by the customer will result in liability to the customer equalling the value of all Monthly Recurring Charges payable for the remainder of the minimum term.

Late Payment of $44.00 inc.gst. will be charged for any account that is overdue by a period of 2 or more business days.

Dailye Pty Ltd Data Services are subject to the Dailye Pty Ltd Acceptable Use Policy.

All customers will be set up on either a Direct or Credit Card Payment Plan.

 

2.0 Early Termination Fees (effective from January 2nd, 2021)

YOUR RIGHTS TO CANCEL OR SUSPEND YOUR SERVICE

Refer to Dailye Pty Ltd Master Agreement

 

OUR RIGHTS TO CANCEL OR SUSPEND YOUR SERVICE

Refer to Dailye Pty Ltd Master Agreement

 

2.1 Choosing to cancel your service – casual customers

You will be a casual customer if you are acquiring your service on a month by month basis or on a fixed length contract for a minimum term but there is no early termination charge if your service is cancelled before the end of that term.

If you are a casual customer, we can cancel your service at any time, if we:

(a) get your consent; or

(b) tell you a reasonable period (but at least 30 days) beforehand or;

(c) transfer you to a reasonably comparable alternative service.

 

2.2 Choosing to cancel your service – fixed term customers

If you are a fixed term customer, we can cancel your service before the end of your fixed length contract at any time if:

(a) we get your consent to do so; or

(b) we take reasonable steps to appropriately offset the effect of the cancellation on you (for example, by providing a credit or rebate to you); or

(c) we transfer you to a reasonably comparable alternative service for the remainder of your fixed length contract; or

(d) we offer to transfer you to an alternative service for the remainder of your fixed length contract and take reasonable steps to offset any material detrimental effects of the transfer caused by any material differences between the cancelled service and the alternative service we offer.

If we cancel your service in this way, we will not charge you any early termination charge.

If you’re a fixed term customer at the date on which we’re required to disconnect your service as part of the migration to the NBN, we will terminate your service and your access to existing networks. No early termination charge will be charged in these circumstances.

 

3.0 Material breach by you

Refer to Dailye Pty Ltd Master Agreement

 

Dailye Pty Ltd Acceptable Use Policy is set available here. We can charge you the applicable early termination charge if you are a fixed term customer and we cancel your service before the end of the fixed term because of your material breach.

4.0 Suspension during period before we cancel your service

We can suspend or restrict the provision of your service during the period before we cancel your service because you are in material breach of Our Customer Terms. If you ask us to reconnect your service following your suspension for failing to pay an account, you may have to pay us a reconnection fee. The amount of the reconnection fee is generally the costs to us to perform this task and you will be notified in writing, for your acceptance of this prior to any reconnection. Our other rights to cancel, suspend or restrict your service

 

4.1 We can cancel, suspend or restrict your service by telling you with as much warning as we reasonably can if:

(a) the law requires us to do so;

(b) providing the service becomes illegal or we believe on reasonable grounds that it may become illegal;

(c) you die;

(d) there is an emergency that affects our ability to provide the service;

(e) we are not able to provide the service to you due to an event outside our reasonable control (such as a failure in equipment that is not owned or operated by us, an industrial strike or an act of God); or

(f) we reasonably believe that providing the service may cause death, personal injury or damage to property.

We will not charge you any applicable early termination charge if we cancel your service for one of these reasons.

 

4.2 We can also cancel, suspend or restrict your service by telling you with as much warning as we reasonably can if:

(a) we cannot enter your premises to do something in connection with the service that we need to do in order to supply the service or make the service or related equipment safe;

(b) you become bankrupt or insolvent or appear likely to do so;

(c) an administrator, receiver or scheme administrator is appointed to you, and that administrator, receiver or scheme administrator does not accept personal liability for the ongoing supply of services by us within 3 business days of our request that they do so;

(d) you vacate the premises to which the service is connected;

(e) there is excessive or unusual use of the service; or

(f) we reasonably consider that you pose an unacceptably high credit risk to us.

We consider that you pose an unacceptably high credit risk to us when there is some doubt as to your ability to pay by the due date based on factors such as:

previous payment history and payment behaviour (e.g. late payments, dishonoured payments or failure to pay);

any previous advice from you about a potential inability or unwillingness to pay;

your usage is inconsistently high when compared with previous usage patterns;

your response where we have told you of this unusually high usage; or

pending bankruptcy or insolvency.

We can charge you any applicable early termination charge if you are a fixed term customer and we cancel your service before the end of the fixed period under the previous clause.

5.0 Maintenance and repair work

We can also suspend or restrict your service temporarily if we reasonably believe it is desirable or necessary to do so to maintain or restore any part of a network used to supply your service. Where possible maintenance and repair is required, the  work will be attempted to be performed at times that will cause the least inconvenience to our customers. However, where your service is provided on the NBN, we are relying on NBN Co to determine the times for this work and to provide us with information about the NBN. In these circumstances we will try and give you as much warning as we reasonably can. If we have no alternative but to cancel your service due to necessary maintenance or restoration of any part of a network used to provide your service, we will not charge you any early termination charge.

 

6.0 Refund of prepayments

If we cancel your service under this clause, we will refund to you any unused portion of your monthly access charge or minimum monthly spend and any other amount you have prepaid.  However, we can deduct from your refund any amounts that you owe to us (unless these terms say otherwise). For example, we can deduct charges you have incurred before cancellation or any applicable early termination charge.

If you use your Service for business purposes

If we are providing your service to you mainly for your personal use and we reasonably believe that you are using the service mainly for business purposes, we can tell you of this and ask you to move to a suitable business service. If you do not agree to move to a business service, we can cancel your service by telling you 30 days beforehand and charge you any applicable early termination charge.

If you are or become or operate as a “carrier” or “carriage service provider” under the Telecommunications Act 1997, you have to tell us. We can refuse to provide a retail service to you if you tell us or we reasonably believe that you are operating and using retail services as a carrier or carriage service provider. We can also cancel or suspend your retail services by telling you in writing 30 days before we do so. You can enter into a written agreement with us for the supply of wholesale services, if you choose to do so. If we do not exercise a right under this clause fully or at a given time, we can still exercise it later.

We occasionally need your consent to do certain things. We can rely on the authority of any of your employees who tell us they have authority to give your consent,  or have received the authority in writing ,as long as we act reasonably.

If you are a business customer, government customer, charitable organisation or non-profit organisation, you can appoint a third party to act on your behalf in relation to Our Customer Terms if you get our written consent first. We will only withhold our consent (or withdraw our consent if previously given) on reasonable grounds (for example, grounds relating to a breach of the third party’s obligations).

 

Please contact us by email at [email protected] or by mail to 19/114-118 Merrindale Dr, Croydon VIC 3136 addressed to the Service Manager, Dailye Pty Ltd, if you require any further clarification of our Dailye Pty Ltd General Terms and Conditions  – Early Termination Fees.