1. TELECOMMUNICATIONS CONSUMER PROTECTIONS CODE

The Communications Compliance Telecommunications Consumer Protections (TCP) Code is a code of conduct designed to ensure good service and fair outcomes for all Consumers of Telecommunications Products in Australia.

All Carriage Service Providers who supply Telecommunications Products to Customers in Australia are required to observe and comply with the Code.

The Code is registered by the Australian Communications and Media Authority (ACMA), which has appropriate powers of enforcement. Compliance with the Code is monitored by Communications Compliance.

Communications Compliance Ltd has published a brochure to assist our customers in understanding the key aspects of the TCP Code. You can download a copy of the brochure by clicking this link Protecting Our Customers (PDF, 124KB).

Communications Compliance completed an annual review and accepted OM TELECOM compliance documents on 20 August 2020.

2. MANAGING YOUR SPEND

Usage notifications

If you are a residential customer, we will help you control your spend by providing you with notifications via email when you reach 50%, 85% and 100% of your data allowance that is included in your broadband plan.

Usage notifications do not occur in real time but with a delay of 24 hours after you actually reached the respective thresholds.

Other ways of managing your spend

There may be other ways of keeping your spend on track, such as barring more expensive numbers, choosing an internet plan without excess charges (which means that your speed is shaped/slowed down once you used up your included data allowance) or monitoring your spend online through our website.

If you require further information about managing your spend please contact our Help-Desk on 130 258 400 between 9.00am and 5.00pm (AEST) Monday to Friday.

Alternatively you may write to us by completing the online form at OM TELECOM.com.au/contact

3. ESTIMATING INTERNET DATA USAGE

The table below lists data usage estimates when using our Broadband Internet services for various activities. Please note that usage estimates provided are a guide only, your actual usage will depend on the equipment, software and technology used.

4. PAYING US

About your bill

Your telephone bill is issued monthly and sent to you by email. Payment is due within 14 days of the issue date.

Payment methods

Online

Simply complete the details on our Pay a bill page to pay directly from your bank account or using VISA, Mastercard.

Direct debit

Automatic payment on the due date from your nominated bank account or credit card. To set up direct debit payments please contact our Help-Desk on 1300 258 400.

Bpay

Use Bpay to pay from your bank account or credit card. Please refer to your telephone bill for Bpay payment and reference details.

Pay-by-phone

Call 1300 258 400 to pay by VISA, Mastercard. Please refer to your telephone bill for payment reference details.

Credit surcharge

There is 1% surcharge when using VISA or Mastercard.

Secure payment

OM TELECOM uses SSL data encryption security designed to protect the information you send via our websites.

5. FINANCIAL HARDSHIP

This policy has been developed to outline the standards that OM TELECOM will adopt when dealing with customers who do not have the capacity to pay a bill due to financial hardship.

OM TELECOM’s Financial Hardship Policy aims to:

(a) treat all customers in confidence, with fairness and compassion within statutory and commercial business constraints;

(b) assist customers in meeting their financial obligations and responsibilities to us and pro-actively manage their accounts;

(c) offer options to meet individual customer needs;

(d) allow for a continuance of the relationship between OM TELECOM and the customer; and

(e) Fulfill the requirements of the Telecommunications Consumer Protections (TCP) Code in regards to Customer Financial Hardship

Our Definition of Financial Hardship

The Telecommunications Consumer Protections Code C628:2012 defines Financial Hardship as a situation where a customer is unable to discharge their financial obligations in relation to our services but where the customer expects to be able to do so over time if payment arrangements are changed.

Financial hardship can arise from a variety of situations and can be a limited or long term duration.

Hardship can result from a number of factors including:

• loss of employment by the consumer or family member;
• family breakdown;
• illness including physical incapacity, hospitalisation, or mental illness of the consumer or family member;
• a death in the family;
• heavy use of the service by customer (e.g. use of 190X numbers, GPRS or data roaming);
• Use of the service by a third party leaving the customer unable to pay the account; or
• Natural Disaster.

Financial Hardship Assessment Process

In order for us to apply this policy you must satisfy us that you are experiencing financial hardship in the meaning of the definition.

To assess your eligibility for Financial Hardship you will need to provide supporting documents such as:

• evidence that you lost employment;
• a statutory declaration or official written communication from a person or support group that is familiar with your circumstances;
• a statement of your financial position; and
• a medical certificate

Our assessment of an application may be based on the information you provide or other information available to us.

If the information you provide is not sufficient for us to make an assessment, we will tell you that, and what other information is required.

Once we receive all required information, we will let you know within 7 working days whether you are eligible for assistance under our Financial Hardship Policy.

Customers who have chosen to transfer all of their services to another provider but still have an outstanding balance with us are ineligible for participation in our Financial Hardship Program.

Reaching a Financial Arrangement

Once we agree that you are experiencing Financial Hardship, We may at our discretion agree to a temporary financial arrangement which is different to the terms which ordinarily apply to you.

The basic principle of any agreed financial arrangement for Financial Hardship is that the repayment made by you should be sufficient to cover expected future use of the service (as adjusted to ensure your financial position does not worsen over a reasonable period of time) as well as providing continued reduction of debt at a reasonable level.

Where appropriate we will discuss means with you how to limit your spend (this may include barring some service features) during the time of our arrangement and thereafter.

Once we come to an agreement we will put this in writing via letter or email to you. You must inform us if your circumstances change (for better or for worse) during our arrangement.

We will not charge you for assessing your Financial Hardship circumstances or for administering the matter.

Financial Counsellors

You can talk to a phone financial counsellor from anywhere in Australia by ringing 1800 007 007 (minimum opening hours are 9.30 am – 4.30 pm Monday to Friday). This number will automatically switch through to the service in the State or Territory closest to you.

Alternatively, you can find the financial counselling service nearest to you by visiting https://www.financialcounsellingaustralia.org.au/.

You may ask us to deal with a counsellor on your behalf. In order for us to speak to a counsellor, you must be present, or we must have received prior authority from you to speak with you counsellor on their behalf. Please contact us for further information.

How to Contact Us

We encourage you to contact us if you experience any difficulties paying our services.

If you would like to discuss any Financial Hardship matter with us please please contact our Help-Desk on 1300 258 400 between 9.00am and 5.00pm (AEST) Monday to Friday.

Alternatively you may write to us by completing the online form at OM TELECOM.com.au/contact-us

6. PRODUCT WARRANTIES

New equipment

All products purchased are brand new, in their original manufacturer’s box and sealed unless otherwise stated. In addition to your statutory rights under the Trade Practices Act, all products carry the full manufacturer’s product warranties.

Personal, domestic or household goods

If we supply you with goods that are of a kind ordinarily acquired for personal, domestic or household use or consumption then under the Australian Consumer Law, the goods are subject to a number of consumer guarantees that cannot be excluded or limited.

Other goods costing $40,000 or less

If we supply you with goods that are not of a kind ordinarily acquired for personal, domestic or household use or consumption but cost no more than $40,000, the goods are also subject to the consumer guarantees that cannot be excluded, but can be limited in certain ways. Our customer contract may limit them as allowed by law.

Consumer guarantees

Consumer guarantees include guarantees that:

(a) we can give you the title to the goods;

(b) the goods are free of third party interests;

(c) the goods are of acceptable quality (within the meaning of the Australian Consumer Law); and

(d) they are reasonably fit for any purpose you have disclosed to us, and for any purpose for which we represent that they are reasonably fit – and some other matters. You can obtain full details at www.consumerlaw.gov.au

Defects

OM TELECOM warrants that at the date of supply it believes the Equipment for Supply to be free from defects in materials and workmanship.

Warranty period

The Customer may during the Warranty Period notify OM TELECOM in writing of any defect or suspected defect in the Equipment for Supply. OM TELECOM shall, to the extent necessary, inspect, replace or repair the Equipment for Supply at no Additional Charge and as soon as practicable after receiving notice from the Customer pursuant to our Customer Terms, Schedule A, Clause 7.

Exclusions

OM TELECOM shall not be liable under our Customer Terms, Schedule A, Clause 7 if the defect is the result of:

(a) improper use or mismanagement by the Customer;

(b) operation of the Equipment for Supply other than in accordance with the Operating Manual;

(c) use of the Equipment for Supply in a manner not reasonably contemplated by OM TELECOM;

(d) modification of the Equipment for Supply not authorised by OM TELECOM;

(e) use of the Equipment for Supply in a manner contrary to law;

(f) subjection of the Equipment for Supply to unusual or un-recommended physical, environmental or electrical stress;

(g) re-installation or moving of the Equipment for Supply by a person other than OM TELECOM;

(h) use of the Equipment for Supply by a person other than the Customer;

(i) the Customer’s failure to comply with its obligations to OM TELECOM;

(j) the Customer’s failure or refusal to install engineering changes or enhancements recommended by OM TELECOM; or

(k) the serial number being removed or defaced

Title

Title in any Equipment for Supply whether original, repaired or replaced will vest in or remain with OM TELECOM until paid for in full.

Charges

If the Customer provides notice of a defect or suspected defect pursuant to our Customer Terms, Schedule A, Clause 7 and any subsequent inspection by OM TELECOM reveals no further obligation on OM TELECOM, the direct and indirect costs and expenses associated with such inspection shall be borne by the Customer.

7. ONLINE PURCHASING

Handsets, mobile phones and accessories sold by OM TELECOM are compliant with the Australian Communications and Media Authority (ACMA) requirements.

All products purchased online are subject to our Online Purchasing Policy and are brand new, in their original manufacturer’s box and sealed unless otherwise stated. In addition to your statutory rights under the Trade Practices Act, all products carry the full manufacturer’s warranties.

Website security

The OM TELECOM website site is sealed with premium SSL certificates. All information entered when you make a purchase is encrypted using state of the art, 128 bit encryption.

Delivery

(a) All deliveries are carried out via Australian Post Express Delivery Services;

(b) All orders are delivered within 7 days of purchase;

(c) Customers will be contacted within 48 hours if the product is out of stock or if a delay is anticipated; and

(d) Delivery costs are calculated on parcel size, weight and your delivery location. The delivery cost will be included in the total purchase price and we deliver to any valid address in Australia.

Consumer data

OM TELECOM respects your privacy and will not use your details for any other purpose than as indicated on this site.

OM TELECOM handles consumer data in accordance with our Privacy Policy and the Privacy Act 1998 (Cth).

Returns & refunds

In accordance with your statutory rights under the Trade Practices Act, OM TELECOM will provide a refund on your purchase in the following circumstances if it:

(a) is faulty (through no fault of your own);

(b) is unfit for purpose (it doesn’t do what it is supposed to do);

(c) does not match the description provided on the website;

(d) has defects that were not obvious or were not brought to your attention at the time of purchase

The items purchased must be returned within a reasonable period and you will be asked to provide proof of purchase. If you return an item and seek a refund we may:

(a) offer you a replacement or a credit;

(b) deduct the delivery fee from refund amount if the item was in transit;

(c) charge a handling and re-packing fee

To seek a refund in these circumstances, please contact us on 1300 258 400

We do not provide refunds where you:

(a) change your mind;

(b) purchase the wrong item;

(c) find it cheaper elsewhere;

(d) use the items purchased in a way they were not made for; or

(e) cause the product or an accessory to become damaged.

Currency

All purchases will be charged by OM TELECOM in Australian Dollars (AUD).

How to contact us

If you have any questions in relation to online purchasing or product warranties, please contact our Help-Desk on 1300 258 400 between 9.00am and 5.00pm (AEST) Monday to Friday.

Alternatively you may write to us by completing the online form.

8. COMPLAINTS

The OM TELECOM team work hard to provide quality, reliable telecommunications and first class personal service.

We’re sorry if you have experienced a problem with OM TELECOM and we encourage you to contact us on 1300 258 400 before submitting your complaint as we may be able to solve your problem quickly.

Our commitment

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.

When dealing with a complaint we are committed to:

• Resolving your problem quickly, fairly and courteously;
• Keeping you informed about the progress and outcome of your complaint;
• Reviewing your complaint if you feel that it has not been resolved to your satisfaction; and
• advising you of the Telecommunications Industry Ombudsman scheme if you cannot resolve your complaint 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 submit your complaint

You can submit a complaint by contacting our Help-Desk on 1300 258 400 between 9.00am and 5.00pm (AEST) Monday to Friday.

Alternatively you may write to us by completing the form on our Contact us page

We will provide you with a reference number and contact you within 5 business days to either resolve your complaint or to seek additional information. We aim to resolve your complaint within 10 business days from the day it was submitted.

Acknowledgement of your complaint

We will acknowledge your complaint immediately if you register your complaint with 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 voicemail service (e.g. outside our office hours).

When we acknowledge your complaint we will give you a unique reference number to enable you to easily follow up on your complaint. We will also give you an indicative time-frame for resolving your complaint. You can follow up on your complaint by contacting our Help-Desk on 1300 258 400, Monday to Friday, 9am – 5pm, AEST.

Complaint resolution & time-frames

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 time-frame.

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.

Once we agreed on how to fix your problem, we will implement all actions required to fix the issue 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.

Complaints requiring urgent resolution

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
• your service has been disconnected or is about to be disconnected and due process has not been followed, or
• 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 time-frame, and if it is a longer delay also inform you about your options for external dispute resolution such as the TIO.

If you are not satisfied with our efforts

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.

If you tell us that you are not satisfied with the complaint time-frames, 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 with any actions taken by OM TELECOM we will inform you about your options for external dispute resolution such as the Telecommunications Industry Ombudsman (TIO). You must make a genuine attempt to resolve the matter directly with OM TELECOM prior to referring any matter to the TIO.

We will never cancel your service only because you have contacted an external dispute resolution scheme.

Telecommunications Industry Ombudsman (TIO)

You can contact the TIO by
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.

9. APPOINTMENT OF AN AUTHORISED REPRESENTATIVE

You can appoint an Authorised Representative to deal with OM TELECOM on your behalf.

When you appoint a representative you are giving the person you appoint the authority to deal with us on your behalf as your agent. This means that the representative has the power to act and access information as if they were you. This includes making complaints, changing account details or terminating a contract. You can of course specify limitations of your Authorised Representative’s rights.

To appoint a representative click on the link below, download and complete our Appointment of an Authorised Representative form.

Appointment of Authorised Representative

If you require further information on the appointment of an authorised representative please contact our Help-Desk on 1300 258 400 between 9.00am and 5.00pm (AEST) Monday to Friday.

Alternatively you may write to us by completing the form on our Contact us page