Terms of Service

Last Updated: 21 August 2026

1. Agreement and document order

These Terms of Service ("Terms") are an agreement between you and JND Comms Pty Ltd (ABN 58 686 602 666), trading as heardle, regarding our website, YOUR.heard, and our internet (nbn®), mobile, phone / PBX, and related telecommunications services (the "Services").

By using the Services you agree to these Terms, the Standard Form of Agreement (SFOA), your Critical Information Summary (where a plan applies), and our Privacy, Acceptable Use, Fair Use, Complaints, and Payment Assistance policies. If you do not agree, do not use the Services.

If those documents conflict, they apply in this order (Australian Consumer Law rights always apply): (1) the CIS for your plan; (2) your order confirmation or accepted quote; (3) the SFOA; (4) these Terms; (5) the policies listed above.

2. Services Description

heardle provides:

  • nbn® and related fixed broadband connectivity
  • Mobile services (where offered)
  • Cloud and on-site phone / PBX systems and related voice services
  • Hardware supply, installation, and configuration (where offered)
  • Technical support and account management via YOUR.heard, phone, and email

Service availability, features, and specifications are subject to change. We will provide reasonable notice of material changes to Services. Plan-specific details appear in your Critical Information Summary and order confirmation.

3. Account Registration and Eligibility

To use our Services, you must:

  • Be at least 18 years of age or have parental consent
  • Provide accurate, current, and complete information
  • Maintain and update your account information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access

You are responsible for all activities that occur under your account.

4. Service Plans and Pricing

Service plans, pricing, and features are detailed in your service agreement or on our website. We reserve the right to:

  • Modify pricing with 30 days' notice
  • Change plan features and specifications
  • Offer promotional pricing subject to terms and conditions

All prices are in Australian dollars (AUD) and include GST unless a document says otherwise. Plan prices, minimum terms, and cancellation fees in a Critical Information Summary prevail over this page for that plan.

5. Payment Terms

5.1 Billing

Services are billed monthly in advance. Payment is due within 14 days of invoice date unless otherwise agreed.

5.2 Payment Methods

We accept payment via credit card, direct debit, or bank transfer. You authorize us to charge your payment method for all fees.

5.3 Late Payments

Late or failed payments may attract the fees we publish from time to time (including late, failed-payment, and reconnection fees) and may result in restriction, suspension, or termination. We may recover reasonable collection costs.

5.4 Refunds

Refunds are provided in accordance with Australian Consumer Law and your service agreement. Setup fees and hardware purchases are generally non-refundable unless otherwise specified.

6. Service Level Agreement (SLA)

We provide service level commitments as specified in your service agreement. Typical commitments include:

  • 99.9% uptime for cloud PBX services
  • Network performance guarantees for NBN services
  • Response times for support requests

SLA credits, if applicable, will be applied in accordance with your service agreement.

7. Acceptable use and fair use

You must use the Services in line with our Acceptable Use Policy and Fair Use Policy. In short, you must not use the Services for illegal purposes, spam, harassment, unauthorised access, malware, copyright infringement, or resale without our written consent. You are responsible for anyone you allow to use the Services. Serious or repeated breaches may lead to restriction, suspension, or termination. Australian Consumer Law rights still apply.

8. Hardware, faults, and maintenance

Full detail is in the SFOA. In summary:

  • Title in equipment we sell you passes when you have paid for it. Risk passes on delivery. Manufacturer warranties and the Australian Consumer Law apply.
  • BYO equipment is supported on a best-effort basis. Faults in your wiring, Wi-Fi, or BYO devices are your responsibility.
  • We investigate faults in the service we supply. Faults in nbn® or another carrier’s network are escalated to that supplier. A callout fee may apply if we told you beforehand and the fault is not in our service.
  • We and our suppliers may perform maintenance. We will try to give notice of planned work.

9. Intellectual Property

All content, software, trademarks, and intellectual property related to our Services are owned by heardle or our licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes only.

10. Data and Privacy

Your use of our Services is also governed by our Privacy Policy. That policy covers IPND, emergency services, and telecommunications metadata where those laws apply.

11. Service Modifications and Availability

We reserve the right to:

  • Modify, suspend, or discontinue Services with reasonable notice
  • Perform maintenance that may temporarily affect service availability
  • Update software and systems as necessary

We will provide advance notice of scheduled maintenance when possible.

12. Termination

11.1 Termination by you

You may cancel a service at any time by giving heardle thirty (30) days’ written notice via YOUR.heard (support ticket) or email, including if you do not wish to continue after a minimum term.

Where your plan has a fixed minimum term, a Cancellation Fee applies if you cancel within that term. The Cancellation Fee is: remaining months in the contract term × the monthly charge × 30%. Month-to-month / no lock-in plans do not attract this fee. Your CIS prevails if it states a different plan-specific amount. Australian Consumer Law rights still apply, including where early exit fees must not be charged for certain nbn® speed-related issues.

11.2 Termination by us

We may suspend or terminate Services if you breach these Terms, the SFOA, or our AUP or Fair Use Policy, fail to pay fees when due, use the Services unlawfully, or if required by law or a regulator.

11.3 Effect of termination

Your access to Services will cease. You remain liable for fees incurred up to the end of the notice period and any Cancellation Fee that validly applies. Return any heardle-owned rental equipment if your order said we kept title.

13. Warranties and Disclaimers

We warrant that Services will be provided with reasonable care and skill. To the maximum extent permitted by law:

  • We do not warrant that Services will be uninterrupted, error-free, or secure
  • We disclaim all implied warranties
  • Our liability is limited as set forth in Section 14

Nothing in these Terms excludes, restricts, or modifies any rights you may have under the Australian Consumer Law.

14. Limitation of Liability

To the maximum extent permitted by law:

  • Our total liability for any claim is limited to the amount paid by you for Services in the 12 months preceding the claim
  • We are not liable for indirect, consequential, or special damages
  • We are not liable for loss of profits, data, or business opportunities

These limitations do not apply to liability that cannot be excluded under Australian Consumer Law.

15. Indemnification

You agree to indemnify and hold harmless heardle, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any third-party rights

16. Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

17. Complaints and Telecommunications Industry Ombudsman

Our Complaints Handling Policy explains how to complain and the timeframes we must meet (including 2 working days to acknowledge a written complaint, 10 working days to propose a resolution, and 2 working days for urgent complaints). Contact us first:

  • Email: complaints@heardle.com.au
  • Phone: 1300 1 Heard (1300 143 273)
  • Post: Factory 8, 3 Fairmile Close, Charmhaven NSW 2263 (or PO Box 4604, Lake Haven NSW 2263)
  • YOUR.heard: submit a support request when signed in

If you are not satisfied with how we have handled your complaint, you have the right to take it to the Telecommunications Industry Ombudsman, which is a free and independent service:

Telecommunications Industry Ombudsman
Website: www.tio.com.au
Phone: 1800 062 058

This section does not limit any rights you have under the Australian Consumer Law. If you cannot pay a bill, see our Payment Assistance Policy — it is free to apply.

18. Dispute Resolution

If a dispute arises (other than a consumer complaint handled under Section 17), the parties agree to:

  1. First attempt to resolve the dispute through good faith negotiation
  2. If negotiation fails, engage in mediation before a mutually agreed mediator
  3. If mediation fails, proceed to court proceedings in New South Wales as applicable

This clause does not prevent either party from seeking urgent injunctive relief, or from referring a complaint to the TIO where eligible.

19. Notices, authorised contacts, and assignment

We may send notices to the email on your account or through YOUR.heard. Keep that email current. People you nominate as authorised contacts, and anyone who signs in to YOUR.heard or correctly quotes the account verification details we have on file, may give and receive instructions. We may record calls for training, quality, and verification.

You must not assign this agreement without our written consent (not to be unreasonably withheld). We may assign or novate it to another company that will continue to supply the service, and we will notify you if we do.

20. Governing Law

These Terms are governed by the laws of New South Wales and the Commonwealth of Australia. Subject to any non-excludable consumer rights and TIO processes, disputes are subject to the exclusive jurisdiction of the courts of New South Wales.

21. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email or through our Services. Your continued use of Services after changes constitutes acceptance of the modified Terms.

22. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

23. Entire Agreement

These Terms, the SFOA, your CIS and order confirmation, and the published policies listed in section 1 are the entire agreement between you and heardle regarding the Services. They apply in the order set out in section 1.

24. Contact Information

For questions about these Terms, please contact us:

JND Comms Pty Ltd trading as heardle
ABN 58 686 602 666
Email: legal@heardle.com.au
Phone: 1300 1 Heard (1300 143 273)
Address: Factory 8, 3 Fairmile Close, Charmhaven NSW 2263
PO Box: PO Box 4604, Lake Haven NSW 2263