Table of contents
- 1. Introduction and Acceptance
- 2. Definitions
- 3. Eligibility
- 4. Services
- 5. Service Agreements and Orders
- 6. Customer Responsibilities
- 7. Equipment and Hardware
- 8. Payment Terms
- 9. Minimum Terms and Early Termination
- 10. Cancellation
- 11. Refunds
- 12. Service Levels and Support
- 13. Outages and Network Faults
- 14. Limitation of Liability
- 15. Australian Consumer Law
- 16. Privacy and Data
- 17. Confidentiality
- 18. Intellectual Property
- 19. ACMA Compliance
- 20. Acceptable Use
- 21. Force Majeure
- 22. Disputes
- 23. Governing Law
- 24. General
- 25. Contact Us
1. Introduction and Acceptance
These Terms and Conditions ("Agreement") govern the provision of telecommunications and managed IT services ("Services") by Pickle Pty Ltd ABN 36 165 711 731 ("Pickle", "we", "us", "our") to business customers ("you", "Customer").
By signing a Service Agreement, clicking to accept, or by using or continuing to use the Services, you confirm that you have read, understood, and agree to be bound by this Agreement.
This Agreement forms a binding contract between you and Pickle and incorporates any applicable Service Agreement, Order Form, Fair Use Policy, and Acceptable Use Policy.
2. Definitions
In this Agreement:
- ACMA means the Australian Communications and Media Authority.
- Agreement means these Terms and Conditions together with any applicable Service Agreement, Order Form, and associated policies.
- AUP means Pickle's Acceptable Use Policy, as updated from time to time.
- CPE means Customer Premises Equipment — hardware provided by Pickle or a third party for use at your premises.
- CSG means the Customer Service Guarantee Standard issued under the Telecommunications (Customer Service Guarantee) Standard 2011.
- CIS means the Critical Information Summary for a Service, provided prior to signup.
- ETF means Early Termination Fee, as defined in clause 9.
- Force Majeure Event means an event beyond a party's reasonable control, including natural disasters, government action, carrier network outages, or industrial disputes.
- MDF means the Main Distribution Frame — the central comms room in a building.
- Minimum Term means the minimum contract period specified in your Service Agreement.
- NTD means the Network Termination Device installed by an access network provider (e.g., nbn Co).
- Order means a request for Services submitted by you and accepted by Pickle.
- Services means all products, services, and professional services supplied by Pickle under this Agreement.
- TCP Code means the Telecommunications Consumer Protections Code (C628:2019), as amended.
3. Eligibility
The Services are available to Australian business customers only. By entering into this Agreement, you confirm that you are a business operating in Australia and that you hold a valid Australian Business Number (ABN) or Australian Company Number (ACN). Services are not available to consumers under the Australian Consumer Law (ACL).
4. Services
Pickle provides the following categories of services (as applicable to your Order):
- Business internet connectivity (nbn, Fixed Wireless, Enterprise Ethernet, Fibre)
- Voice and business phone number services (SIP trunks, virtual numbers, DDI)
- Managed IT services (managed PCs, networking, helpdesk)
- Emergency and compliance services (lift emergency phone, strata communications)
- Professional services (site assessment, network design, installation)
- Other services as described in your Service Agreement or Order Form
The specific Services, inclusions, pricing, and Minimum Term applicable to you are set out in your Service Agreement and/or CIS.
5. Service Agreements and Orders
5.1 A Service Agreement is formed when Pickle accepts your Order in writing or by commencing delivery of the Services.
5.2 Pickle may decline any Order at its discretion without reason.
5.3 Service specifications, pricing, and inclusions are as set out in the applicable Order or CIS. In the event of any inconsistency, the Order takes precedence over these Terms and Conditions.
5.4 Pickle may update or modify the Services from time to time. Where a modification materially and adversely affects you, Pickle will provide 30 days' written notice. You may terminate the affected Service within that notice period without an ETF if the modification results in a material degradation of the Service.
6. Customer Responsibilities
6.1 Site access. You must provide Pickle and its contractors with safe, timely access to your premises to install, maintain, and repair Services and equipment. Unreasonable delay in providing access may result in delayed delivery and/or additional charges.
6.2 MDF and comms room access. Where Services require access to a building's MDF room or communications infrastructure, you are responsible for arranging such access with the building owner or strata manager prior to the scheduled installation date.
6.3 Power and UPS. You are responsible for ensuring that adequate mains power is available at the point of installation. Where Services require an uninterruptible power supply (UPS) to maintain continuity (including emergency lift phone services), you are responsible for providing and maintaining a suitable UPS at your cost.
6.4 Accurate information. You must provide accurate and complete information when placing Orders and must promptly notify Pickle of any changes to your contact details, premises, or business structure.
6.5 Acceptable use. You must comply with Pickle's AUP at all times and must ensure that your employees, contractors, and end users do the same.
6.6 Regulatory compliance. You are responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and licence conditions.
7. Equipment and Hardware
7.1 Pickle-supplied CPE. Where Pickle supplies CPE for use with the Services, that equipment remains the property of Pickle unless otherwise agreed in writing. You must take reasonable care of all Pickle-supplied equipment.
7.2 Return of equipment. On termination or expiry of a Service, you must return all Pickle-supplied CPE in good working condition (fair wear and tear excepted) within 14 days. Failure to return equipment may result in a replacement charge at Pickle's then-current list price.
7.3 Damage. You are responsible for any loss or damage to Pickle-supplied CPE caused by misuse, negligence, theft, or environmental damage at your premises.
7.4 Customer-supplied equipment. Where you supply your own CPE or network equipment, Pickle does not warrant compatibility and is not responsible for faults caused by customer-supplied equipment.
7.5 Third-party hardware sales. Where Pickle sells hardware to you, title passes on full payment. Risk passes on delivery.
8. Payment Terms
8.1 Invoicing. Pickle will issue invoices as specified in your Service Agreement (typically monthly in advance for recurring charges and upon completion for one-off charges).
8.2 Due date. Invoices are due and payable within 14 days of the invoice date unless otherwise stated in your Service Agreement.
8.3 Late payment. Where an invoice remains unpaid after the due date, Pickle may charge interest on the overdue amount at 2% per annum above the Reserve Bank of Australia cash rate, calculated daily from the due date until the date of payment.
8.4 Suspension for non-payment. Where an invoice remains unpaid 7 days after Pickle issues a payment reminder notice, Pickle may suspend the Services without further notice. Service restoration following suspension may attract a reconnection fee.
8.5 Payment methods. Accepted payment methods are set out in your Service Agreement or invoice. Pickle may charge a payment processing fee for certain payment methods, which will be disclosed to you at the time of payment.
8.6 Disputed invoices. If you dispute an invoice, you must notify Pickle in writing within 14 days of the invoice date, setting out the basis of the dispute. You must pay the undisputed portion of the invoice by the due date. Pickle will investigate disputes promptly and in good faith.
8.7 Taxes. All prices are exclusive of GST unless stated otherwise. GST will be added to all invoices at the applicable rate.
9. Minimum Terms and Early Termination
9.1 Minimum Term. Where your Service Agreement specifies a Minimum Term, you agree to maintain the Service for that period.
9.2 Early Termination Fee. If you cancel or terminate a Service before the end of the Minimum Term (other than where Pickle materially breaches this Agreement), you will be liable to pay an ETF calculated as:
▎ ETF = number of remaining months in the Minimum Term × monthly recurring charge for the Service
9.3 The ETF represents a genuine pre-estimate of Pickle's loss and is not a penalty.
9.4 Pickle may waive or reduce the ETF at its discretion in exceptional circumstances.
10. Cancellation
10.1 Month-to-month services. You may cancel a month-to-month Service by providing 30 days' written notice to Pickle.
10.2 Contracted services. Cancellation of a Service within a Minimum Term is subject to clause 9.
10.3 Number porting. Where you cancel a voice service and wish to port your telephone numbers to another provider, Pickle will use reasonable endeavours to assist with the porting process in accordance with the TCP Code and applicable ACMA rules. Pickle is not responsible for any delays caused by the gaining carrier.
10.4 Effect of cancellation. On cancellation, all outstanding fees become immediately due and payable. Pickle will cease to provide the cancelled Service from the date the cancellation takes effect.
11. Refunds
11.1 Recurring service fees paid in advance will be refunded on a pro-rata basis for any unused period following cancellation or termination, less any amounts owed to Pickle.
11.2 No refund is provided for completed professional services, one-off installation fees, or hardware purchases.
11.3 Refunds will be issued by the same payment method used for the original payment, where practicable, within 14 days of the refund being approved.
12. Service Levels and Support
12.1 Pickle will use reasonable endeavours to deliver and maintain the Services in accordance with any service level agreement (SLA) set out in your Service Agreement.
12.2 Emergency lift phone services are monitored and supported 24 hours a day, 7 days a week, 365 days a year. Fault response times for emergency lift phone services are as specified in your Service Agreement.
12.3 General support is available during Pickle's standard business hours as published on our website, unless a higher support tier is specified in your Service Agreement.
12.4 Pickle will use reasonable endeavours to notify you in advance of any planned maintenance that may affect your Services.
13. Outages and Network Faults
13.1 The Services depend on access networks and infrastructure operated by third-party carriers, including nbn Co, Telstra, Optus, and other wholesale providers. Pickle does not own or control these networks and is not liable for faults, outages, or degradation caused by third-party network providers.
13.2 Pickle will take reasonable steps to report and escalate third-party network faults on your behalf and will keep you reasonably informed of fault status and estimated restoration times.
13.3 Outages or degradation caused by third-party carrier networks, natural disasters, or Force Majeure Events do not entitle you to a refund or credit unless otherwise specified in your Service Agreement.
13.4 Where a fault is found to be caused by customer-supplied equipment or circumstances within the customer's control, Pickle may charge for any investigative or remediation work performed.
14. Limitation of Liability
14.1 Cap. To the maximum extent permitted by law, Pickle's total aggregate liability to you for all claims arising under or in connection with this Agreement is limited to the total fees paid by you to Pickle in the 6 months immediately preceding the event giving rise to the claim.
14.2 Exclusions. To the maximum extent permitted by law, Pickle is not liable for:
- (a) loss of revenue, profit, business opportunity, or goodwill;
- (b) indirect, special, incidental, or consequential loss;
- (c) loss or corruption of data;
- (d) losses arising from third-party carrier outages, faults, or delays;
- (e) losses arising from your failure to comply with this Agreement.
14.3 Essential terms. Nothing in this Agreement limits Pickle's liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
14.4 Nothing in this clause excludes or limits any rights you may have under the Australian Consumer Law that cannot be excluded or limited.
15. Australian Consumer Law
15.1 Our Services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) ("ACL").
15.2 For major failures with the Services, you are entitled to cancel your Service Agreement and receive a refund for the unused portion, or to receive compensation for any reasonably foreseeable loss or damage.
15.3 For failures that are not major, we are entitled to choose to either re-supply the Services or refund you for the unused portion.
15.4 Nothing in this Agreement purports to modify, exclude, or restrict your rights under the ACL. Any provision of this Agreement that is inconsistent with a guarantee, right, or remedy under the ACL is void to the extent of the inconsistency.
16. Privacy and Data
16.1 Pickle collects, uses, and discloses personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Pickle's Privacy Policy is available at thinkpickle.com.au/legal/privacy-policy.
16.2 Your data (including data transmitted over or stored in connection with the Services) remains your property at all times. Pickle will not access, use, or disclose your data except as necessary to provide the Services, as required by law, or with your consent.
16.3 Pickle may collect and use aggregated, anonymised usage data to improve its services and network operations.
16.4 Pickle will notify you as soon as practicable in the event of a data breach affecting your personal information, in accordance with the Notifiable Data Breaches scheme under the Privacy Act 1988 (Cth).
17. Confidentiality
17.1 Each party agrees to keep confidential all Confidential Information received from the other party and not to disclose it to any third party without the other party's prior written consent, except as required by law or regulatory authority.
17.2 "Confidential Information" means any information designated as confidential or that by its nature ought reasonably to be treated as confidential, including pricing, technical specifications, customer data, and business strategies.
17.3 Confidentiality obligations survive termination or expiry of this Agreement for a period of 2 years.
18. Intellectual Property
18.1 All intellectual property rights in the Services, software, systems, documentation, and materials provided by Pickle remain the property of Pickle or its licensors.
18.2 Pickle grants you a limited, non-exclusive, non-transferable licence to use the Services and any associated software solely for your internal business purposes during the term of the applicable Service Agreement.
18.3 You must not reverse engineer, copy, modify, or sublicense any Pickle software or materials without Pickle's prior written consent.
19. ACMA Compliance
19.1 CSP Registration. Pickle is a registered Carriage Service Provider (CSP) regulated by ACMA under the Telecommunications Act 1997 (Cth).
19.2 000 VoIP Limitation. Voice-over-IP (VoIP) services provided by Pickle transmit emergency calls to Triple Zero (000). However, unlike traditional fixed-line services, VoIP services may not transmit your location automatically. You should ensure that all users of Pickle voice services are aware of this limitation and maintain an alternative means of making emergency calls.
19.3 Power outage disclosure. In the event of a power failure at your premises, VoIP services and internet-dependent services may not function unless supported by a suitable UPS. It is your responsibility to ensure emergency services can be contacted through an alternative means during a power outage.
19.4 Critical Information Summary (CIS). Pickle will provide you with a CIS for each Service prior to or at the time of signup, in accordance with TCP Code requirements.
19.5 Customer Service Guarantee (CSG). Certain standard telephone services supplied by Pickle may be subject to the Customer Service Guarantee Standard. Where CSG applies, details will be set out in your CIS.
20. Acceptable Use
20.1 You must use the Services in accordance with Pickle's Acceptable Use Policy (AUP), available at thinkpickle.com.au/legal/acceptable-use-policy.
20.2 You must not use the Services for any unlawful purpose, including but not limited to: sending spam, conducting denial-of-service attacks, distributing malware, infringing intellectual property rights, or facilitating illegal activity.
20.3 Pickle may suspend or terminate Services immediately and without notice where Pickle reasonably suspects a serious breach of the AUP or unlawful use of the Services.
21. Force Majeure
21.1 Neither party is liable for any delay or failure to perform its obligations under this Agreement to the extent caused by a Force Majeure Event, provided that the affected party promptly notifies the other party of the Force Majeure Event and takes reasonable steps to mitigate its effects.
21.2 If a Force Majeure Event continues for more than 60 days, either party may terminate the affected Service by written notice without liability (other than for amounts already due and payable).
22. Disputes
22.1 If a dispute arises in connection with this Agreement, the parties agree to attempt to resolve it in good faith through direct negotiation within 14 days of a written dispute notice.
22.2 If the dispute is not resolved through direct negotiation, either party may refer the matter to mediation administered by the Australian Disputes Centre (or such other mediator as the parties agree), with costs shared equally.
22.3 Telecommunications Industry Ombudsman (TIO). If you are dissatisfied with Pickle's handling of a complaint relating to a telecommunications service, you may refer your complaint to the Telecommunications Industry Ombudsman (TIO) free of charge. The TIO can be contacted at:
- Website: http://www.tio.com.au
- Phone: 1800 062 058
- Post: PO Box 276, Collins Street West VIC 8007
22.4 Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief from a court where necessary to protect its rights.
23. Governing Law
This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.
24. General
24.1 Entire agreement. This Agreement (together with your Service Agreement, Order Form, CIS, AUP, and any other documents incorporated by reference) constitutes the entire agreement between the parties regarding the Services and supersedes all prior representations, negotiations, and agreements.
24.2 Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, it will be severed from the Agreement to the extent necessary, and the remaining provisions will continue in full force and effect.
24.3 No waiver. A party's failure to exercise or delay in exercising any right under this Agreement does not constitute a waiver of that right.
24.4 Assignment. You may not assign your rights or obligations under this Agreement without Pickle's prior written consent. Pickle may assign this Agreement or any rights under it to a related body corporate or in connection with a merger, acquisition, or sale of assets, by giving written notice to you.
24.5 Amendments. Pickle may amend these Terms and Conditions from time to time. Pickle will notify you of material amendments by email or through your account portal with at least 30 days' notice. Continued use of the Services after that notice period constitutes acceptance of the amended terms. If you do not accept an amendment, you may terminate the affected Service within the notice period without an ETF.
24.6 Notices. Notices under this Agreement must be in writing and delivered by email to the address specified in your Service Agreement (or as updated by notice), and are deemed received on the next business day after sending.
24.7 Relationship. Nothing in this Agreement creates a partnership, joint venture, or employment relationship between the parties.
25. Contact Us
For enquiries, support, or complaints:
Pickle Pty Ltd ABN 36 165 711 731 Office 12, 7-9 Churchill Ave Strathfield NSW 2135
- Email: [email protected]
- Phone: 1300 688 588
- Website: thinkpickle.com.au
For unresolved complaints relating to telecommunications services, contact the Telecommunications Industry Ombudsman at http://www.tio.com.au or 1800 062 058.
© 2026 Pickle Pty Ltd. All rights reserved.