1. We will endeavour to invoice you monthly but reserve the right to bill at different intervals. We will provide you with a breakdown of the fees and charges payable in each invoice. Our records will be conclusive evidence of usage of the service and the charges payable by you. Notwithstanding this, you may dispute an invoice you reasonably believe that you are not liable to pay the charges because of an inaccuracy, omission or error in the invoice. For the avoidance of doubt, this does not affect your obligation to make payment in full by the due date. If the parties agree that the dispute is valid, your account will be credited the relevant amount
2. We will invoice for, and you will be liable for all charges in respect of the service commencing on and from the service start date.
3. Unless otherwise expressly stated in the Agreement or Order Confirmation, we will bill you: a. in advance for installation and recurring charges; and b. in arrears for usage based charges
4. Processing and verification procedures (including delays in receipt of billing information) may mean that not all charges during the period covered by a bill can be included in that bill. We may include those charges in subsequent bills.
5. We reserve the right to re-issue any bill if any error is subsequently discovered.
6. You are liable for all charges whether or not you authorised the particular use of the service by another person and you will continue to be liable for the charges if you allow another person to occupy your premises or use the service.
7. Invoices shall be deemed to have been received by customer on the day the invoice is emailed to customer.
i) In the event that a Customer disputes part or whole amount of any invoice, the Customer shall send notice to Open Gateway Pty Ltd in writing (via email or letter) setting out the objection to the disputed amount within seven (7) working days in receipt of the said invoice. Such notice shall contain the following information:
1. Date and number of disputed invoice amount in dispute reason for dispute; and supporting documentation as appropriate
2. Open Gateway Pty Ltd shall use reasonable endeavours to resolve the dispute within thirty (30) days of receipt of the Notice.
3. Customer shall pay the undisputed portion of the amount due in the invoice and may withhold the payment of the disputed portion until the time the amount is determined. Upon determination, if Open Gateway Pty Ltd proves the disputed portion correct, customer shall pay the amount due plus interest, at the rate of one point five percent (3%) per month on said amount from the invoice due date. However, if the customer is proven correct, Open Gateway Pty Ltd will then issue a credit note to the customer.
4. In the absence of resolution of the dispute within sixty (60) days, Open Gateway Pty Ltd and customer shall mutually agree on and appoint a single arbitrator to resolve the dispute. The decision made by the arbitrator shall be final and binding upon both Parties.
5. Customer shall not be excused from its obligations to pay Open Gateway Pty Ltd for the Services invoiced based on a claim that fraudulent calls comprise, or may comprise, a portion of the invoiced Services. In no case shall fraudulent calls form the basis for disputing an invoice pursuant to this Terms and Conditions.
1. Where a minimum monthly fee is specified and agreed in the application for service, that amount will apply even if you have incurred lower usage or no usage in that calendar month.
2. You must pay all fees and charges by due date. Failure to make payment will constitute a material breach of the contract such that Open Gateway Pty Ltd has the rights to, or may immediately, suspend and/or terminate any or all of the service, provided that three (3) business days notice of such suspension or termination has been provided to you by Open Gateway Pty Ltd and the relevant invoice still remains outstanding.
3. We reserve the right to charge interest at 3% per month on any part of the charges or any applicable tax not paid to us by the due date. You will be liable to pay to us all expenses (including reasonable legal costs and expenses and the fees of our debt recovery agents) incurred by us in relation to recovering payments due under this Standard Agreement.
4. We reserve the right to withdraw any discounts that you receive from us in connection with the supply of the service where payment is not received.
5. The charges for the service do not include any amount on account of tax. If any tax is payable by us in relation to, or on any supply under or in connection with, this Standard Agreement, we will increase the charges or charge you an additional amount on account of the tax. These will be your responsibility and will be itemised on your bill or an adjustment note.
6. Where we become liable to any penalties or interest as a result of the late payment of any tax (whether the tax is included in a an amount of consideration expressed in this Standard Agreement or not), due to your failure to comply with the terms of this Standard Agreement or your obligations under any applicable law, then an additional amount equal to those penalties and interest will be payable to us.
7. You acknowledge and agree that we may at our discretion pay commissions to any of our agents, representatives or retailers who introduce you to us.
We have listed our available payment Options Below:
1. Electronic Funds Transfer (EFT, Direct Deposit)
2. Credit Card Payment by Phone - Please call 02 9016 4440
3. Pay Pal - Please call 02 9016 4440
Invoice Break Down
We have provided a description below of the break down of the invoice which is sent to you each month:
Page 1 consists of a summary of total service charges, usage, company information supplied to us, Open Gateway details and Payment Options.
The accompanying pages include the break down of each service supplied to you by open gateway and the relevant usage items which accompany the specific service e.g. Business Fixed Line with the accompanying numbers which have been dialled with spend amount for each number dialled.
In addition to these pages you will find miscellaneous and Ad hoc charges which have been applied if relevant listed here.
If you have any questions which require further clarifying in relation to the break down of your invoice please feel free to call Open Gateway support on 02 9016 4440 or submit you query via our online request tracker at www.ognetwork.net.au