Effective September 2026
1.1In these Terms:
Metcom, we or us means Metcom Pty Ltd, ABN 23 629 871 745
Customer or you means the business named in the Quote or order
Agreement means the documents listed in clause 1.2
Goods means hardware and other products we supply or install
Services means any service we provide, including voice, connectivity, managed IT, security, AI, SMS, eFax, installation, onsite and project work
Monthly Services means Services charged on a recurring monthly basis
Quote means our written quote or order form accepted by you
Minimum Term means the minimum period for a Monthly Service stated in the Quote
Service Start Date means the date we provision a Monthly Service, whether or not you have started using it
Month to Month means a Monthly Service that has no Minimum Term, or whose Minimum Term has ended
CIS means the Critical Information Summary for a Service
Policies means our Fair Use Policy, Acceptable Use Policy, Privacy Policy, Complaints Policy and Financial Hardship Policy, published at metcom.cloud/legal
Business Day means a weekday that is not a public holiday in New South Wales
1.2The Agreement is made up of, in this order of priority if they conflict:
Any summary of terms in a Quote is for convenience only. These Terms apply in full.
1.3These Terms apply to all Goods and Services. Clauses 4 to 7 add terms for particular types of Goods and Services.
1.4All prices are in Australian dollars and exclude GST unless stated otherwise. Our Goods and Services are supplied to businesses only.
1.5Nothing in the Agreement excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded.
2.1A Quote is valid for 30 days unless it states otherwise.
2.2You accept a Quote by signing it, accepting it electronically, or confirming it in writing. Orders placed by phone must be confirmed in writing.
2.3We may accept or decline an order, in whole or part, after assessing your credit. If we do not decline an order within 5 Business Days of receiving it, it is accepted.
2.4Changes to quantities or items after acceptance must be requested in writing, before Goods are ordered or work has started. We will confirm any price change before proceeding.
2.5Unless the Quote says otherwise:
2.6Invoices are payable by the due date and payment terms shown on the invoice, which are generally 14 days from the invoice date. Goods may be payable before or on delivery, as shown on the invoice.
2.7If you dispute an invoice, tell us in writing before the invoice due date, stating the amount in dispute. Pay the undisputed amount by the due date. We will not suspend a Service over an amount that is genuinely in dispute while we investigate.
2.8You pay all government charges on Goods and Services, including GST.
2.9Monthly Services in a Minimum Term: prices are fixed for the Minimum Term. The only exceptions are new or increased government charges, and rates for calls and usage not included in your plan (such as international calls), which we may change on 30 days' written notice.
2.10Month to Month Services: we may change prices on 30 days' written notice. You may cancel the affected Service on 30 days' notice without any other charge.
2.11Third party licences (for example Microsoft 365): if the vendor increases its price, we may pass the increase on with 30 days' written notice. You may reduce or cancel the affected licences, subject to the vendor's own licence term.
2.12Goods: the price in the accepted Quote applies. If the manufacturer increases its price before we accept your order, or you defer delivery by more than 3 months, we may revise the price and you may cancel the affected Goods without charge before they are ordered.
3.1Each Monthly Service starts on its Service Start Date and runs for its Minimum Term. At the end of the Minimum Term it continues Month to Month until cancelled.
3.2You may cancel a Monthly Service during its Minimum Term by giving us written notice. An early termination fee applies, equal to the monthly charge for that Service multiplied by the number of whole months remaining in the Minimum Term.
3.3Example: a Service at $349 per month on a 12 month Minimum Term, cancelled with 4 months remaining, has an early termination fee of $1,396 ex GST.
3.4No early termination fee is payable if you cancel because:
3.5Either party may cancel a Month to Month Service by giving 30 days' written notice. No early termination fee applies.
3.6Either party may terminate the Agreement, or an affected Service, immediately by written notice if the other party:
3.7If we terminate because of your breach or insolvency during a Minimum Term, the early termination fee in clause 3.2 applies.
3.8When a Service ends you must pay all charges up to the end date, and return any equipment we lent you within 14 days in good condition, fair wear and tear excepted, or pay its replacement cost.
3.9You may port your numbers to another provider at any time. Numbers not ported before the Service ends may be lost 30 days after cancellation. We will cooperate with any port request.
3.10We may suspend all or part of a Service:
3.11If we suspend a Service because of your non-payment or misuse, monthly charges continue during the suspension and a reconnection fee of $90 ex GST may apply. We will restore the Service promptly once the reason for suspension is resolved.
4.1Delivery dates are estimates. We will use reasonable efforts to meet them, but are not responsible for delays caused by events outside our reasonable control, such as supplier or freight delays, industrial action, natural disasters or government action.
4.2We may deliver an order in parts and invoice each part. A part delivery does not affect the rest of the order.
4.3Delivery, freight and insurance are not included unless the Quote says so. You must give us accurate delivery instructions and pay any extra costs caused by incorrect instructions.
4.4If you defer an agreed delivery date, we may store the Goods at your risk and charge a reasonable storage fee. If delivery is deferred by more than 3 months, clause 2.12 applies. If Goods are not collected or accepted within 3 months after the deferred date, we may sell them and recover our loss.
4.5Risk in the Goods passes to you on delivery to you, your agent or your carrier. From then, you must keep the Goods insured for their full value until you have paid for them in full.
4.6Tell us in writing within 7 days of delivery if Goods arrive damaged or faulty. Keep them for inspection and do not repair or modify them without our written consent. This does not limit your rights under the Australian Consumer Law.
4.7Change of mind returns are accepted only with our written approval, within 7 days of delivery, unused, in original packaging, with the invoice and a return authorisation number. A restocking fee of up to 15% and return freight may apply.
4.8We are not responsible for faults caused by misuse, neglect, improper storage, installation or repair by anyone other than us, or connection to equipment we did not supply. Manufacturer warranties are passed on to you.
4.9Ownership of Goods passes to you only when you have paid for them in full. Until then:
4.10PPSA: these Terms are a security agreement under the Personal Property Securities Act 2009 (Cth). You grant us a security interest, including a purchase money security interest, in all Goods we supply to you and their proceeds, until paid for. We may register a financing statement and you will sign any documents we reasonably need. To the extent the law allows, you waive your right to receive notices and verification statements under the PPSA, and sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 142 and 143 of the PPSA do not apply.
4.11You must give us safe and timely access to your premises for installation. Metcom does not supply or repair structured cabling. Cabling, power and site faults are your responsibility to arrange and are chargeable if they cause a wasted or extended visit.
5.1We will provide Services with due care and skill, as described in the Quote and the CIS for each Service.
5.2Our Services rely on networks and platforms operated by others, including NBN Co, carriers, cloud hosting providers and software vendors. We are not responsible for their outages or faults, but will report and escalate them on your behalf and keep you informed.
5.3You are responsible for:
5.4Advice: we give advice with due care and skill, based on the information you provide. You are responsible for the final decisions about your business and its requirements.
5.5Equipment we lend or rent to you remains our property. You must look after it and return it when the Service ends.
5.6We may use subcontractors and suppliers to provide the Services. We remain responsible for the Services under the Agreement.
5.7Onsite and out of scope work is charged at our published onsite rates in effect on the day you approve the work. For chargeable visits we will confirm the estimate and obtain your approval before dispatch. No charge applies where the fault is caused by our Service or equipment we supplied under warranty.
5.8Service levels, response times and inclusions for each Service are as stated in the Quote and CIS. Where none are stated, we will respond within a reasonable time during business hours.
This clause applies to Metcom Voice, SIP trunks, Microsoft Teams calling, SMS, eFax, AI Recording & Transcription and Voice AI Agents.
6.1Voice Services need a working internet connection and power. They will not work, including for calls to 000, during an internet or power outage.
6.2Calls to 000 from a softphone, mobile app or device used away from your registered address may not give emergency services your correct location. Always state your address when calling 000. SMS cannot be used to contact emergency services.
6.3We upload your service address to the Integrated Public Number Database (IPND) for emergency services. You must tell us promptly if the address where a number is used changes.
6.4Phone numbers are allocated for your use under the telecommunications numbering rules. You do not own them, but you may port them to another provider.
6.5Porting timeframes depend on your current provider and are not within our control. Porting charges are set out in the Price List.
6.6Services described as unlimited are subject to the Fair Use Policy, which forms part of the Agreement.
6.7Where AI Recording & Transcription or Live Transcription is enabled, a "calls may be recorded and transcribed" announcement plays by default. If you ask us in writing to turn it off, you must tell callers another way.
6.8You are responsible for complying with all recording, surveillance, privacy and record keeping laws that apply to your use of recording, transcription and AI features.
6.9AI processing is carried out by one of several AI providers used by Metcom, which may be in Australia or overseas, as set out in the Fair Use Policy. Australian-only processing is arranged case by case and confirmed in your Quote. AI generated transcripts, summaries and responses may contain errors, and you should check important details.
6.10Recordings, transcripts and faxes are kept for the periods stated in the Fair Use Policy and then deleted automatically. You are responsible for exporting anything you need to keep.
6.11You must comply with the Spam Act 2003 when sending commercial SMS, and with the Do Not Call Register Act 2006 and telemarketing rules when using a Voice AI Agent for outbound calls.
6.12Voice AI Agents must be configured to transfer urgent calls to a person and must never answer, intercept or block calls to 000.
6.13The Customer Service Guarantee (CSG) under the Telecommunications (Consumer Protection and Service Standards) Act 1999 gives you rights in connection with standard telephone services, including information about the CSG and compensation if we do not meet minimum performance standards for connection times, fault repair times and appointments. More information is available at www.acma.gov.au.
6.14Our Voice Services are provided on the basis that you waive the CSG, which enables us to provide better value. You will be asked to confirm this waiver in writing. If you withdraw your waiver within 5 Business Days, we may decline to provide or may terminate the affected Service without an early termination fee.
6.15We do not offer Priority Assistance, and our Services do not support medical alert or monitored alarm systems. Priority Assistance is available from Telstra for people with a serious medical condition who rely on a telephone service. If you have or may be eligible for these services, consider this before ordering.
7.1NBN services are delivered over NBN Co's network. Speeds vary with network conditions, time of day, your equipment and wiring, and typical speeds are shown in the CIS. Maximum speeds are not guaranteed.
7.2NBN connection, fault repair and appointment times depend on NBN Co. We will lodge and manage faults and appointments for you.
7.3If NBN Co attends a fault that turns out to be caused by your equipment, cabling or premises, NBN Co's charges will be passed on to you.
7.4Modems and routers we supply are covered by clause 4 (if purchased) or clause 5.5 (if lent or rented).
7.5Connectivity Services are subject to the Acceptable Use Policy.
7.6The scope of Managed IT and Security Services is set out in the Quote. Work outside that scope is charged at our published rates, with your approval before we start.
7.7To provide the Services we may install monitoring and remote access tools on your devices. You must not remove or disable them without telling us.
7.8You are responsible for:
7.9Security Services reduce risk but cannot prevent every attack or breach. We are not responsible for losses caused by a security incident unless we failed to provide the Services with due care and skill.
7.10Third party software and cloud services (for example Microsoft 365) are provided under the vendor's own terms, which you agree to when we provision them. Licence terms and cancellation rules set by the vendor apply, and price changes are handled under clause 2.11.
8.1Our Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. Where the law allows us to limit our liability for failing to meet a guarantee, our liability is limited, at our option, to:
8.2To the extent the law allows, our total liability to you under or in connection with the Agreement in any 12 month period is limited to the total fees you paid us for the affected Service in the 12 months before the claim arose.
8.3To the extent the law allows, we are not liable for any indirect or consequential loss, including loss of profit, revenue, business opportunity or data, or business interruption.
8.4We are not liable for loss to the extent it is caused by:
8.5Clauses 8.2 and 8.3 do not limit our liability for personal injury or death, damage to physical property, or loss caused by our fraud or wilful misconduct.
8.6You indemnify us against any loss, cost or claim by a third party arising from:
Your liability under this indemnity is reduced to the extent the loss was caused or contributed to by us.
8.7Each party is responsible for loss it causes to the other through its breach of the Agreement or its negligence, subject to the limits in this clause 8.
9.1We handle personal information in line with the Privacy Act 1988 (Cth), Part 13 of the Telecommunications Act 1997 and our Privacy Policy.
9.2We access your data and systems only to provide the Services, as required by law, or as you instruct. Your data is hosted in Australia, except where it is processed by AI providers as set out in the Fair Use Policy.
9.3We will tell you promptly if we become aware of a data breach affecting your information, and work with you on any notification the law requires.
9.4Credit information: you, and each sole trader, partner and director of the Customer, consent to us exchanging credit information with credit reporting bodies and trade references to assess your application and manage your account, in line with the Privacy Act.
9.5Each party must keep the other's confidential business information confidential and use it only for the Agreement, except as required by law. Neither party will disclose information of the kind described in section 275(1) of the PPSA, except as required by law.
9.6If you have a complaint, contact us on 1800 000 728 or at support@metcom.com.au. Our Complaints Policy is at metcom.cloud/legal. If your complaint is not resolved, you may contact the Telecommunications Industry Ombudsman (TIO) on 1800 062 058 or at tio.com.au.
9.7If you are having difficulty paying, our Financial Hardship Policy is at metcom.cloud/legal.
9.8We may change these Terms or our Policies by giving you 30 days' written notice.
9.9If a change is materially detrimental to you, you may cancel the affected Service before the change takes effect without paying an early termination fee.
9.10Any other variation to the Agreement must be agreed in writing by both parties.
9.11Events outside our control: neither party is liable for delay or failure caused by events outside its reasonable control, other than an obligation to pay money. Affected obligations are suspended for the duration of the event.
9.12Notices may be given by email to the address each party has provided.
9.13You may not assign the Agreement without our written consent, which we will not unreasonably withhold.
9.14If any part of the Agreement is invalid or unenforceable, it is severed and the rest continues in effect.
9.15The Agreement is governed by the laws of New South Wales, and each party submits to the courts of New South Wales.
9.16The Agreement is the whole agreement between the parties about its subject matter and replaces any earlier terms for new orders from its effective date.
Metcom Pty Ltd
ABN 23 629 871 745
55 Flinders Road, Cronulla NSW 2230
Email: support@metcom.com.au · Phone: 1800 000 728