Commercial Account Customer Service Agreement
Last updated on 9 July 2024 | Print as PDF
1. Your agreement with Us
This service is provided by Tollaust Pty Ltd ABN 37 050 538 693 under the brand, Linkt.
Linkt and Linkt Sydney are trade marks of Transurban Limited used under licence by Tollaust Pty Ltd ABN 37 050 538 693.
This agreement details the Your rights and obligations for use of Eligible Toll Roads.
This agreement begins when the You accept this agreement by:
- keeping the Tag;
- completing the “open account” process on Our website;
- accepting in writing;
- accepting the agreement orally; or
- conduct (e.g. by contacting Us to open an Account).
If You do not want to accept this agreement, You must return the Tag(s) to Us as soon as possible without opening the seal of the Tag packs. We will refund any money that You have paid for the Tag(s) that are returned to Us.
2. What to do before using Eligible Toll Roads
You must do the following things before using Eligible Toll Roads:
- complete the Application Form and provide all details required by Us (i.e. such as a business address, telephone number and email address);
- complete a credit check (if required);
- provide the Registration Numbers, make and model and/or Class of all the vehicles to be linked to Your Account; and
- make sure that the Tags linked to Your Account have been allocated to the correct vehicles.
3. Linking vehicles to Your Account and the Linkt Register
You must provide Us with details of each of Your vehicles You wish to have linked to Your Account before using that vehicle on any Eligible Toll Road.
We will register Your vehicles on the Linkt Register when You provide Us with all the information We need, including the information listed in clause 2 above and any payment required under this agreement. Linkt Registration only takes effect when a vehicle is recorded as registered on the Linkt Register by Us.
If the Linkt Registration of any of the Nominated Vehicles is suspended or cancelled (e.g. for non-payment) that Nominated Vehicle will no longer be registered on the Linkt Register.
You must link at least one Tag and at least one vehicle to Your Account. If another vehicle is required to use the Tag, then We must be notified of the new vehicle details and Tag allocation.
If You request that We link a vehicle to Your Account after a Toll Notice has been issued in respect of that vehicle, We will debit to Your Account both the toll payable and a Toll Notice Transfer Fee or Toll Administration Fee (as applicable).
You may link extra Nominated Vehicles to Your Account
If You wish to link an extra vehicle or an extra Tag to Your Account, You must provide details of any vehicle required by Us and comply with this agreement.
4. Use and disclosure of Your information
At Transurban, We take privacy seriously. We collect your personal information under this agreement in order to operate Our tolling system, to calculate and charge tolls when You travel on Eligible Toll Roads, and to manage your account and to improve Our products and services (including by conducting surveys about your recent experiences). If We do not do this then You may not have a valid basis to travel on Eligible Toll Roads, and You may commit an offence if You do so.
We will share your information with service providers and partners who We work with in connection with Our business, operators of other Eligible Toll Roads, government authorities (such as authorities responsible for the operation of roads and vehicle registration), and incident response and emergency services providers.
We will also collect, use and disclose your information for the purposes set out in Our Transurban Privacy Policy and Transurban Credit Reporting Policy. Those documents provide further information about Our management of your personal information more generally and We encourage You to read them carefully. In particular, those policies provide information about how You may seek access to or correction of your personal information, about how You can make a privacy complaint (and how We will deal with such complaints), and about any circumstances in which We may disclose your information outside Australia.
Direct marketing and research
You agree to Us contacting You via email, SMS or other means about Our products and services, the products and services of other Transurban retail brands, the products and services or related special offers from Our rewards and/or business partners, that We think may be of interest to You. We have set out more information in Our Privacy Policy.
You can opt-out or unsubscribe from receiving these types of promotional communications by:
- updating Your preferences on the website;
- contacting Us at https://www.transurban.com/contact-us; or
- following the unsubscribe link in the communication if applicable.
You agree that these commercial electronic messages do not need to contain a functional unsubscribe facility and You will instead use one of the other above methods to unsubscribe.
Unsubscribing will not stop other service related communications from Us, such as administrative alerts in relation to Your Account and notifications of road closures.
5. Tags
You must:
- install and use each Tag in accordance with the instructions supplied with the Tag;
- only use each Tag in a Nominated Vehicle of the same Class as the Tag. That is, a car Tag may only be used in a car, and a heavy vehicle Tag may only be used in a heavy vehicle;
- keep each Tag in good condition; and
- promptly return a Tag to Us when requested by Us.
Each time Your Nominated Vehicle fitted with Your Tag passes an Electronic Toll Point, Your Tag should “beep”.
- One beep indicates that everything is operating normally.
- No beep indicates there may be a problem with Your Tag. You may complete the Trip, but You should contact Us before You travel on an Eligible Toll Road again.
- Three beeps (one beep, followed by two short beeps), means Your Account is overdue or Your payment has failed. You should contact us or make payment promptly.
- Four beeps indicates that the Linkt Registration of Your vehicle has been suspended or cancelled. You may receive a Toll Notice or, if the Toll Notice remains unpaid, an Infringement Notice. You must contact Us before You travel on an Eligible Toll Road again.
You should contact Us as soon as possible if You experience any Tag issues or if Your Tag is lost, stolen or damaged.
You must ensure that no objects are attached to Your Tag, other than the Tag Holder. If Your vehicle is fitted with a metallic windscreen, You must ensure that Your Tag conforms to the relevant manufacturer's instructions regarding the correct placement of Your Tag on Your windscreen. You may be charged a Vehicle Matching Fee if your metallic windscreen interferes with the Tag. If You have notified Us that Your Nominated Vehicle has a metallic windscreen and You have installed Your Tag in accordance with the manufacturer’s instructions, We will credit the Vehicle Matching Fee to Your Account.
Ownership of the Tag and licence to use it
You do not own any Tag at any time. We license You to use the Tag linked to Your Account on the terms of this agreement. You must not sell the Tag or the right to use it, but You may permit others to use it (subject to the terms of this agreement).
Unless We agree to waive this requirement (at Our discretion), You must choose:
- to pay the Tag Deposit for each Tag; or
- to pay the Tag Monthly Rental Fee for each Tag.
You must return the Tag to Us within:
- 10 Business Days after We ask You to return it, or
- 5 Business Days of closing Your Account.
You will also be liable to pay a Tag Non-Return Fee if the Tag is lost, damaged, destroyed or made faulty by You or any other company, person or entity that You have allowed to use the Tag.
You may specify one Nominated Vehicle as the preferred vehicle for each Tag linked to Your Account. You may advise Us of Your choice of each preferred Nominated Vehicle.
6. How tolling works
Travel on Associated Toll Roads
We operate the electronic tolling systems on Associated Toll Roads to detect vehicles that make Trips on Associated Toll Roads by identifying the Tag or the vehicle’s Registration Number. We will charge the relevant Associated Toll Road Tolls and applicable Fees to Your Account based on Your Tag or the vehicle’s Registration Number. You are also responsible for the Tolls or Fees incurred by any vehicle that You drive on an Associated Toll Road, whether or not it is a Nominated Vehicle.
Travel on Other Eligible Toll Roads
Other Eligible Toll Road operators may operate electronic tolling systems on their toll roads to detect vehicles that make Trips on those toll roads by identifying the Tag or the vehicle’s Registration Number. The Other Eligible Toll Road operator will send Trip data and the relevant Tolls to Us so We can charge those Tolls (and any applicable Fees) to Your Account. We will charge those amounts determined as payable by the Other Eligible Toll Road operator and We are not responsible for confirming the accuracy of that information.
Motorcycles
Motorcycles are not required to carry a Tag. Motorcycle Trips are video tolled and do not incur Vehicle Matching Fee on Eligible Toll Roads.
Responsibility for Tags and Nominated Vehicles
You are responsible for all Nominated Vehicles and Tags linked to Your Account and for making sure all Nominated Vehicles and Tags are used in accordance with this agreement.
You and are responsible for the performance of this agreement by any employee or other person who uses a Nominated Vehicle or a Tag linked to Your Account.
Although We will take reasonable steps to contact You using the contact details provided or signal Your Tag to beep to tell You about certain events which affect the Linkt Registration of the Nominated Vehicle, You are responsible for making sure that the Linkt Registration of a vehicle is current and not suspended or cancelled.
7. Charging Tolls to Your Account
You will be charged Tolls for using Eligible Toll Roads which are set by the Eligible Toll Road operators in line with Government regulations. Toll prices for Associated Toll Roads are available on Our website or upon request and Toll prices for Other Eligible Toll Roads are available from the Other Eligible Toll Road operator.
We will charge Tolls to Your Account when one or more of Your Nominated Vehicles, Tag or the Number Plate of a Nominated Vehicle is detected at an Electronic Toll Point or on an Eligible Toll Road.
We will charge Tolls and any applicable Fees to Your Account:
- without any knowledge of and regardless of who was driving the vehicle at the time; and
- whether or not You authorised or were aware of the use of the Nominated Vehicle.
If We have sent You a Toll Notice in respect of any Trip(s), We may charge the applicable Toll(s) and Toll Administration Fee(s) to Your Account if the Toll Notice remains unpaid.
Trip Cap
Some Eligible Toll Roads have a Trip Cap. For Trips taken on Eligible Toll Roads with a Trip Cap, We will only debit Tolls to Your Account up to the Trip Cap.
Backdating Trips
When opening Your Account or adding a vehicle to Your Account, You can cover recent Trips made with Your Nominated Vehicle by selecting a date:
- up to 10 days ago for Trips made on toll roads in Sydney and Melbourne (excluding the Sydney Harbour Bridge, Tunnel (NSW) and Eastlink (VIC)); and
- up to 9 days for Trips made on toll roads in Queensland.
Please make sure You have a valid arrangement in place before You travel on Sydney Harbour Bridge and Tunnel and Eastlink as Your Linkt Account cannot cover past travel made on these toll roads. Learn more about covering past trips here.
Multiple Accounts
If a Nominated Vehicle is also linked to another Account, and that Nominated Vehicle is detected on any Eligible Toll Road without a Tag, We may choose which Account will be charged the tolls and Vehicle Matching Fee for that Trip.
8. Monthly Account Fee
For each Account that You open, We will charge You the Monthly Account Fee every month.
9. Security Deposits
If We ask You to pay a Security Deposit You must pay Us the Security Deposit within 5 Business Days of receiving a request to do so.
If We consider You pose a credit risk at any time, We may also require You to supply additional financial security (for example a deposit or guarantee) for Your obligations under this agreement within 5 Business Days of receiving a request to do so.
Security Deposits (and other deposits, guarantees or amounts which are to be treated like a Security Deposit) will not be credited to Your Account.
We may use the Security Deposit (and other deposits, guarantees or amounts which are to be treated like a Security Deposit) in part or full payment (at Our discretion) of any amount owed to Us under this agreement.
10. Additional Fees and payments
If You use Eligible Toll Roads without Your Tag being detected
If Your Nominated Vehicle is detected on an Eligible Toll Road without a Tag, You may be charged the Vehicle Matching Fee to Your Account in addition to the relevant Tolls and applicable Fees for that Trip.
If You use Eligible Toll Roads in a Nominated Vehicle with a different Class
If your Tag is detected on an Eligible Toll Road in a vehicle that is not the same Class as your Nominated Vehicle, We may debit the relevant Tolls and applicable Fees to Your Account. It is your responsibility to ensure that Your vehicle is registered in the correct Class at all times and that Your Tag is used in Your Nominated Vehicle.
Travel on Other Eligible Toll Roads
We may debit the relevant Tolls and Fees charged by Other Eligible Toll Road operators from Your Account when Your Tag or Nominated Vehicle is detected on those Other Eligible Toll Roads.
Linking a vehicle after a Toll Notice has been issued
If You request that We link a vehicle to Your Account after a Toll Notice has been issued in respect of that vehicle, We may debit to Your Account both the Toll payable and a Toll Notice Transfer Fee.
Tag Non-Return Fee
You must pay Us the Tag Non-Return Fee if Your Tag is lost, stolen, damaged, or You do not return Your Tag to Us when We require You to do so.
Payment Card Surcharge
Where You pay Your Account via an accepted credit card or debit card, You may be charged a Payment Card Surcharge on the amount paid.
Other Accounts
We may apply any outstanding Fees, Tolls or charges in relation to Your Account to any other Linkt account that You may have.
If You have an outstanding Account Balance from another Linkt account, We may credit or debit that amount to Your Account.
When You agree to additional payments
We may charge to, or debit from, Your Account any Fee, tax, charge or amount if You have agreed to pay, or You owe Us that fee, tax, charge or amount under this agreement.
We may use amounts in Your Account to pay any toll, Fee, tax, charge or amount You owe to Us, in any way We reasonably choose.
Toll Administration Fee
If You receive a Toll Notice You agree to pay any applicable Toll Administration Fee(s).
Late Payment Fee
If payment of the Due Payment is not received within 5 days after the end of a Payment Period, We may charge the Late Payment Fee to Your Account.
11. Invoices
As soon as practical after the end of each Payment Period, We will issue You an invoice detailing each transaction during the period.
You may choose to receive invoices in paper or electronic form. If You request an additional paper invoice, You will incur an Additional Invoice Fee.
Each invoice will show the Due Payment and the Payment Date for that Payment Period.
12. Paying Accounts
You must pay each Due Payment by the Payment Date.
If You have a Standing Authorisation Account the Due Payment must be made by monthly Automatic Payment. If You have any other type of Account (i.e. not a Standing Authorisation Account) the Due Payment must be paid by the Payment Date.
If You pay the Due Payment by an accepted credit card or debit card, You may be charged a Payment Card Surcharge on the amount paid.
13. When payment is made
Payments are treated as made when We receive them.
If You have a Standing Authorisation Account, We will receive the monthly Automatic Payment when it is credited successfully to Our Bank account.
If You do not have a Standing Authorisation Account, or if a monthly Automatic Payment has failed or You have made other payment arrangements with Us, We will receive Your payments:
- if by cash or credit or debit card, BPAY®, or EFTPOS, when the person making the payment:
- in person, is given a receipt for that payment; or
- by electronic systems, Our website or telephone, is given a receipt number for that payment; or
- if by cheque, when the proceeds of the cheque have been cleared.
We may at Our discretion accept late or part payments or any payment described as being in full or in part settlement of a dispute. If We do so, We will not lose any of Our rights under this agreement.
We may use any late or part payment to repay any money You owe Us.
Failure to make a payment to Us due under this agreement may result in Your Account being suspended or cancelled.
If You continue to travel on Eligible Toll Roads when the Linkt Registration is suspended or cancelled, You may be issued with a Toll Notice or, if the Toll Notice remains unpaid, an Infringement Notice. You agree to pay any tolls and Toll Administration Fee that the Toll Notice requires You to pay in accordance with the requirements of that Toll Notice.
14. When You should contact Us
You should contact Us as soon as possible if:
- a Tag is lost, stolen or damaged or if You are experiencing any Tag issues;
- a Nominated Vehicle or Number Plate on a Nominated Vehicle is lost or stolen;
- You want to remove a Nominated Vehicle from Your Account (e.g. You sell that vehicle) or You change the Registration Number of a Nominated Vehicle which is linked to Your Account, or You want to link another vehicle to Your Account;
- You wish to transfer a Tag from one vehicle to another within Your fleet;
- You become aware of anything that may or will affect any payment under this agreement;
- Your Nominated Vehicle is modified after it is registered; or
- You are unsure whether Your vehicle is registered in the correct Class;
- You change Billing Address or other contact details (including the details of the Authorised Contact); or
- You become aware of anything that may or will affect any payment described in this agreement.
If You do not make contact when required
To avoid having Your Account suspended or Your Nominated Vehicle removed from the Linkt Register due to payment failures, please contact Us as soon as You become aware of anything that may or will affect a payment under this agreement. You can do this through Our website or app or by contacting Us.
If a Nominated Vehicle or Tag is lost or stolen
You will not be charged tolls to Your Account if, after You have notified both the police and Us that:
- a Nominated Vehicle has been stolen, that Nominated Vehicle is detected at an Electronic Toll Point;
- a Tag has been lost or stolen, that Tag is detected at an Electronic Toll Point; or
- the Number Plate of a Nominated Vehicle has been stolen, that Number Plate on a vehicle (if that vehicle is not Your vehicle) is detected at an Electronic Toll Point.
We will resume charging Tolls to Your Account when You notify Us, or We become aware, that You have recovered the stolen Nominated Vehicle, lost or stolen Tag, or stolen Number Plate.
You must provide a copy of any relevant police report, a statutory declaration or an insurance claim if We request it.
15. Questions, complaints and disputes
Any questions regarding any tolls (and any applicable Fees) charged on a particular Eligible Toll Road should, in the first instance, be referred to:
- in relation to tolls (and any applicable Fees) on an Associated Toll Road, Us; and
- in relation to tolls (and any applicable Fees) on Other Eligible Toll Roads, the preferred tag service provider for that Other Eligible Toll Road.
If You have a dispute or wish to make a complaint about the Linkt Registration of Your vehicle(s) or a payment or an amount debited, credited or not credited to Your Account, You should contact Us. A customer service officer will provide a response with reasons as soon as possible.
If You believe that Your dispute or complaint has not been properly addressed, You have the right to have the issue reviewed by Our Customer Resolutions team who will provide a response with reasons.
If You are still not satisfied with the response, You may take Your complaint to the Tolling Customer Ombudsman. If You believe there is an error (including Trips, Fees and charges) in Your Statement, We require You to tell Us of any errors or discrepancies promptly.
Where You dispute Your Account Balance, We may (at Our discretion):
- credit Your Account for all or part of the disputed amount; or
- make other arrangements reasonably necessary to allow for the continued operation of Your Account, until the dispute is resolved.
16. Changing the agreement
We may change any of the terms of this agreement by publishing the changes or a new agreement at linkt.com.au/sydney. We will take reasonable steps to notify You of any material changes to the terms of this agreement beforehand via the contract details You have provided to Us.
If You are not satisfied with any changes to the terms of this agreement, You can close Your Account (see clause 17).
A change to the Tolls for using the Eligible Toll Roads is not a change to this agreement and therefore this clause does not apply. Tolls for Associated Toll Roads are published to the linkt.com.au/sydney website at least 10 business days before the change to the Tolls comes into effect.
A change to the Vehicle Matching Fee is not a change to this agreement and therefore this clause does not apply. The Vehicle Matching Fee for Trips on Associated Toll Roads is determined by Us and will be published to the linkt.com.au/sydney website at least 10 business days before the change to the Vehicle Matching Fee for Trips on Associated Toll Roads comes into effect. The Vehicle Matching Fee for Trips on Other Eligible Toll Roads is determined by the Other Eligible Toll Road operator.
17. Suspension or cancellation of the Linkt Registration
If Trips are made by vehicles that are suspended or cancelled from the Linkt Register and without any other arrangement, You will not have a valid arrangement in place to make Trips and You or driver of the vehicle may commit an offence and may receive a Toll Notice or, if the Toll Notice remains unpaid, an Infringement Notice.
The Linkt Registration of Your vehicle(s) is suspended or cancelled when We record it as suspended or cancelled on the Linkt Register or remove it from the Linkt Register.
We may suspend or cancel the Linkt Registration of any or all of Your Nominated Vehicles; Your Tag; or Your Account if:
- Your Account, or another Account You hold with Us, has not been paid within the required time period;
- You do not provide a Security Deposit for each Tag linked to Your Account within 5 Business Days of being asked to pay a Security Deposit;
- the Linkt Registration of a Nominated Vehicle is suspended for more than 1 month or on repeated occasions;
- You become bankrupt or appear likely to become bankrupt;
- You become insolvent or have a receiver, manager, administrator or liquidator appointed, or appear likely to do so;
- You are a company and:
- pass a resolution for winding up;
- an application is made for winding up and:
- is not dismissed or withdrawn within 30 Business Days; or
- an order is made for the company's winding up; or
- enter into an arrangement, composition or compromise with any creditors;
- We consider that a material adverse change has occurred in Your credit rating;
- We are required to do so by law;
- We were induced by fraudulent misrepresentation on the Your part in approving Your Account application;
- in the previous 6 years or more, there has been no activity on your Account and We have not detected any of Your Nominated Vehicles or Registration Numbers using an Eligible Toll Road. Prior to such suspension or cancellation, Linkt will make reasonable attempts to contact You using the contact details associated with your Account to determine if your Account is still in active use. We will not suspend or cancel the Linkt Registration of any or all of your Nominated Vehicles if You inform Linkt that You wish to keep your Account open; or
- We reasonably consider suspension or cancellation of the Linkt Registration of Your Nominated Vehicle is warranted and/or necessary for any other serious reason (such as fraudulent or malicious use, material breach of this agreement or serious misconduct).
Any Toll incurred for a vehicle registered to Your Account during suspension will be charged to Your Account on its re-registration. In addition, We may charge a Toll Notice Transfer Fee or Toll Administration Fee (as applicable) incurred in relation to Toll Notices issued during the period of suspension to Your Account.
Notice prior to suspension or cancellation
If We have reason to suspend or cancel the Linkt Registration of any or all of Your Nominated Vehicles, We will make reasonable attempts to contact You, via the contact details You have provided, prior to any such suspension or cancellation becoming effective.
Notice of suspension or cancellation when travelling with a Tag
If We have suspended or cancelled the Linkt Registration of any or all of Your Nominated Vehicles, We will send a signal to Your Tag to give 4 beeps each time the relevant Tag device passes through an Electronic Toll Point or We may try to notify You via the contact details You have provided. You agree that this is a reasonable method of notice for Us to use.
How You may cancel Your Account
You may end this agreement at any time by giving Us notice that You want to close Your Account. We will contact You to let You know that the Linkt Registration of the Nominated Vehicles linked to Your Account is cancelled.
Using Eligible Toll Roads after cancellation or suspension of Your Linkt Registration
If You do not re-register any suspended or cancelled Nominated Vehicles with Us, do not make alternative arrangements to pay Tolls through another service provider, and that vehicle is detected on any Eligible Toll Road after its Linkt Registration has been suspended or cancelled, You or driver of that vehicle may commit an offence and You may receive a Toll Notice or, if the Toll Notice remains unpaid, an Infringement Notice. Failure to comply with an Infringement Notice is an offence.
If the Linkt Registration of all Nominated Vehicles linked to Your Account is cancelled, then within 10 Business Days of being contacted about the cancellation, You must:
- return all Tags to Us; and
- pay any outstanding Account Balance and any other amount You owe Us.
Provided You have met the above requirements, We will refund any Remaining Account Balance within 10 Business Days after Your Account has been formally closed (which could take up to 21 days after Your Account is cancelled) as follows (and in the following order):
- if authorised by You, We will refund the Remaining Account Balance to the card or bank account which You used to make the original transaction or the card or bank account that is listed on Your Account (or if the account holder notifies Us that they no longer have access to the card or bank account listed on Your Account, to a card or bank account provided by the account holder);
- if We are unable to provide a refund in accordance with paragraph (a) above, We will mail a cheque for the Remaining Account Balance (payable to the account holder) to the address listed on Your Account; or
- if We are unable to provide a refund or cheque in accordance with paragraphs (a) and (b) above and cannot reasonably contact You, We will hold the Remaining Account Balance for You for a period of 6 years, after which the Remaining Account Balance will be considered and dealt with as “unclaimed money” in accordance with Our obligations at law.
If You wish to use a vehicle on any Eligible Toll Road after the Linkt Registration of Your vehicle has been suspended or cancelled, You must first contact Us by telephone to re-register Your vehicle on the Linkt Register. Your vehicle will be re-registered on the Linkt Register when Your Account Balance is zero.
Re-registration of a vehicle on the Linkt Register may require payment by You of any amounts owed by You to Us and may take up to 48 hours following receipt by Us of any such payment. If Trips are made by the vehicle during this 48 hour period, the vehicle may not have been re-registered on the Linkt Register and You or the driver of the vehicle may commit an offence and may receive a Toll Notice, or, if the Toll Notice remains unpaid, an Infringement Notice.
18. When this agreement ends
This agreement ends 20 Business Days after the Linkt Registration of all of the Nominated Vehicles linked to Your Account is cancelled. The ending or cancellation of this agreement for any reason does not affect any rights that either You or We have against each other that arose at or before the end or cancellation of this agreement.
19. Liability
To the maximum extent permitted by law, We are not liable (whether in contract, tort, under statute or otherwise) for any loss (including consequential loss or loss of profit), damage or expense that You or any other person incurs arising directly or indirectly from Your use of any Eligible Toll Road, Your installation, use or removal of the Tag or the Holder, or anything else in connection with this agreement, except to the extent that the loss, damage or expense was caused by Us, or as a result of Our negligence or breach.
This agreement does not affect any rights, liabilities and responsibilities arising at law, including under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) (ACL), unless otherwise provided under this agreement.
Where liability cannot be excluded, any liability incurred by Us in relation to the use of any Eligible Toll Road, or this agreement is limited to the extent provided for by the ACL.
20. Online Services
Our online services (including Our websites, apps, email communications, social media profiles and other online services) may use Google services such as Google Analytics, Google Ads and Google Maps (e.g. 'Autocomplete' for address entry) from time to time. By using Our online services, You are agreeing to be bound by Google's Terms of Service and Linkt's Terms of Use.
21. General
This agreement is the entire agreement
This agreement is the entire agreement about the Linkt Registration of Your Nominated Vehicle(s), Your Account, Tag and the other matters covered by this agreement.
Notices
Notices (including any written communications or statements) may be:
- given to You personally;
- left at Your Billing Address;
- sent to Your Billing Address;
- sent by email to the email address last notified to Us;
- sent by SMS message to the mobile phone number last notified to Us;
- signalled through Your Tag beeps each time Your Tag passes through an Electronic Toll Point; or
- given to You in any other way the law allows.
A notice given to You is also taken to be given to the drivers and owners of all vehicles using a Tag linked to Your Account and each Nominated Vehicle which is linked to Your Account.
Notices to Us may be sent or delivered:
- to Our address; or
- by email to Our email address.
Our contact details are available on Our website.
Notices take effect from the time they are received unless a later time is specified.
Notices by Tag beeps are taken to be received when We signal the Tag to beep.
If notices are sent by post, they are taken to be received on the expiration of three Business Days after the date of posting. If notices are left at Your Billing Address they are taken to be received on the day of delivery if delivered before 4 pm on a Business Day and otherwise on the next Business Day. If notices are sent by email or SMS they are taken to be received on the day of sending.
For any general enquiries please contact Us.
If any part of this agreement is illegal or unenforceable it will not apply
Any provision of this agreement must be read down to the extent necessary to prevent that provision of this agreement from being invalid, voidable or not enforceable in the circumstances.
If a provision of this agreement is still invalid, voidable or not enforceable, the relevant word, words or provision will be deleted, and the rest of this agreement will continue to be fully enforceable.
Interest
You will not earn interest on any credit Account Balance or amount You pay Us under this agreement.
Waiving breaches of this agreement
Unless otherwise expressly provided by this agreement, a party does not waive a right, power or discretion just because it:
- fails to exercise it;
- only exercises part of it; or
- delays in exercising it.
A waiver of one breach of a provision of this agreement does not operate as a waiver of another breach of the same provision or any other provision. A right of ours created under this agreement may only be waived in writing signed by us.
Representations and warranties
You represent and warrant to Us that:
- You have the power, authority and capacity to enter into this agreement; and
- the owners and users of all vehicles linked to Your Account have consented to the linking of those vehicles to Your Account and for You to be provided with information regarding their use of those vehicles.
Recovery of costs
We may request that You pay Us an amount equal to any costs (including legal costs) reasonably incurred by Us in recovering a debt from You in court.
22. Interpretation
In this agreement, unless the contrary intention appears:
- a reference to this agreement includes any variation to it;
- the singular includes the plural and the plural includes the singular;
- a reference to a person includes a firm, a body corporate, an unincorporated association or an authority;
- an obligation imposed on two or more parties binds them jointly and severally;
- a reference to a time or date is a reference to that time or date in Sydney;
- a provision of this agreement must not be interpreted against Us just because We prepared the agreement;
- a reference to any legislation or subordinate legislation includes any modifications or changes;
- headings in this agreement have been inserted for convenience and do not affect the interpretation of this agreement; and
- a reference to a clause is a reference to a clause of this agreement.
This agreement and the transactions contemplated by this agreement are governed by the laws of New South Wales.
23. Definitions
Account means Your Linkt account including any Tags and Nominated Vehicles linked to Your Account;
Account Balance means the total of all tolls, Fees, taxes and charges that We have debited to Your Account since the end of the last Payment Period (or, in the case of the first Payment Period, since the beginning of that Payment Period) and any other amounts that You owe Us which have not been paid by You;
Address means the last mailing address advised to Us by You;
Associated Toll Road means toll roads for which We are the preferred tag service provider, being:
- Cross City Tunnel
- Eastern Distributor
- Hills M2
- Lane Cove Tunnel
- M5 East Motorway
- M5 South-West Motorway
- Military Road E-Ramps
- NorthConnex
- WestConnex M4
- WestConnex M8
- Westlink M7
Authorised Contact means Your authorised representative as notified to Us by You;
Automatic Payment means a standing authorisation given by You to Us over a Bank account or a credit card held by You for the Due Payment;
Bank means any bank or financial institution including a credit card provider;
Billing Address means the last mailing address advised to Us by You;
Business Day means any day that is not a Saturday, Sunday or public holiday in NSW;
Class means a class of vehicle based on the vehicle's dimensions and which determines the Tolls You pay. For more information on vehicle class, refer to Our website;
Credit Reporting Policy means the credit reporting policy available from Our website;
Due Payment means, in respect of any Payment Period, the amount stated in the invoice for that Payment Period as the Account Balance that You owe to Us as at the end of that Payment Period;
Electronic Toll Point means any place on an Eligible Toll Road where vehicles are detected for the purpose of charging tolls by an electronic tolling system;
Eligible Toll Road means those Australian roads, bridges, tunnels or locations on which a toll is levied for the passage of vehicles and for which You can use your account to pay that toll and includes Associated Toll Roads and Other Eligible Toll Roads;
Fee means any fee or other amount payable to Us by You when certain events occur, as set out in clause 24;
Holder means the device that will be supplied with each Tag for the purposes of attaching the Tag to the windscreen;
Infringement Notice means a fine or other financial impost issued by an enforcement agency of the relevant State government to the registered owner or nominated driver of a vehicle. Infringement Notices may be issued when full payment of a Toll Notice has not been received by the relevant due date;
Late Payment Fee has the meaning given in clause 24;
Linkt Register means the register of vehicles that are subject to customer service agreements established and maintained by Us;
Linkt Registration means the registration by Us of Your vehicle on the Linkt Register;
Monthly Account Fee has the meaning given in clause 24;
Nominated Vehicle means each vehicle the You have asked Us to link to Your Account and is registered on the Linkt Register;
Number Plate means the physical plate with contains the vehicle’s Registration Number;
Vehicle Matching Fee has the meaning given in clause 24;
Registration Number means the combination of numbers, letters or numbers and letters on the Number Plate of your Nominated Vehicle, as assigned to that vehicle by the relevant vehicle registration authority (e.g. Transport for NSW);
Other Eligible Toll Roads means toll roads, excluding Associated Toll Roads for which You can use Your Account to pay that Toll;
Payment Card Surcharge has the meaning given in clause 24;
Payment Date means the date fourteen days after the end of a Payment Period;
Payment Period means each consecutive monthly period, beginning on the date agreed between Us and You;
Privacy Policy means the privacy policy available from Our website;
Remaining Account Balance means the total of any:
- credit Account Balance;
- Security Deposit; and
- any other amounts which are treated like a security deposit, that remains after all outstanding Fees, taxes, tolls, toll credits, charges and any other amounts which the You owe to Us are deducted. Toll credits cannot be redeemed for cash;
Security Deposit has the meaning given in clause 24;
Standing Authorisation Account means an Account that allows You to pay Your Account Balance by monthly Automatic Payment;
Tag means the transponder owned by Us or Our contractor and licensed or leased to You for the duration of this agreement;
Tag Monthly Rental Fee has the meaning given in clause 24;
Tolls means the amount payable for travel on Eligible Toll Roads as increased from time to time. Toll prices are published to the linkt.com.au/sydney website at least 10 business days before the change comes into effect;
Toll Administration Fee has the meaning given in clause 24;
Tolling Customer Ombudsman means Ombudsman for the tolling industry and the contact details can be accessed from Our website;
Toll Notice is a request for payment issued to the registered owner or nominated driver of a vehicle for travel on an Eligible Toll Road. Toll Notices are issued by Us or Other Eligible Toll Road operators and may include Tolls and Toll Administration Fees;
Toll Notice Transfer Fee has the meaning given in clause 24;
Trip means the driving of a vehicle in one direction through one or more Electronic Toll Points uninterrupted by exit and subsequent re-entry on a single Eligible Toll Road;
Trip Cap means the maximum Tolls which will be debited to Your Account for each Trip. The Trip Cap for Associated Toll Roads is determined by Us and the Trip Cap for Other Eligible Toll Roads is determined by the relevant Other Toll Road operator;
We, Our or Us means Tollaust Pty Ltd ABN 37 050 538 693, including the successors, contractors, assignees, employees, agents and nominees of Tollaust Pty Ltd;
You/Your means the company, entity, person or person acting on behalf of the company or entity who has opened the Account with Us and your properly authorised agents.
24. Fees and other amounts relevant to your Account
The following Fees and amounts are payable as described in this table (inclusive of Goods and Services Tax (GST) where applicable).
| Fee or amount | Description | Amount, Fee or Deposit |
|---|---|---|
Additional Invoice Fee | The amount charged to Your Account when You request an additional invoice. | $3.30 per invoice requested. |
Late Payment Fee | If payment of an amount that You owe to Us is more than 5 days late. We will not charge the Vehicle Matching Fee if We are responsible for the failure to detect your Tag. | $5.50 plus 1.5% of the amount that was not paid on time. |
Monthly Account Fee | You must pay Us this amount to open and maintain a Commercial Tag Account. | $5.00 per month per Account. |
Vehicle Matching Fee | We will debit the Vehicle Matching Fee from Your Account (as well as tolls), for each Trip that any Nominated Vehicle is detected using any Eligible Toll Road without a Tag also being detected. We will not charge the Vehicle Matching Fee if We are responsible for the failure to detect a Tag. | For details of fees please refer to our website. |
Payment Card Surcharge | This is the amount that We may add to a payment to your Account, when You make a payment by an accepted credit card or debit card. | If You make a payment by an accepted credit card or debit card We are charged a merchant service fee by Our financial institution. The current Payment Card Surcharge rates are available when You visit www.linkt.com.au. |
Security Deposit | An amount that We may require You to pay as security. | $50.00 per Tag linked or proposed to be linked to Your Account. |
Tag Deposit | If the Client chooses to pay the Tag Deposit instead of the Tag Monthly Fee for each Tag: The refundable deposit must be paid to Us prior to issue of each new Tag. | $15.00 per Tag. |
Tag Monthly Fee | If the Client chooses to pay the Tag Monthly Fee instead of the Tag Deposit for each Tag: This amount will be debited from Your Account each month. | $0.90 per month per Tag linked to Your Account. |
Tag Non-Return Fee | If You are unable to return a Tag to Us in accordance with this agreement when We request it, then this amount will be debited to Your Account. This amount will also be debited to Your Account if a Tag is lost, damaged, destroyed or made faulty by the Commercial Customer or any other company, person or entity that the Commercial Customer has allowed to use the Tag. | $15.00 per Tag that the Commercial Customer is unable to return to us, or that is lost, damaged, destroyed or made faulty by the Commercial Customer or any other company, person or entity that the Commercial Customer has allowed to use the Tag. |
Toll Administration Fee | An amount that may be payable in relation to a Toll Notice | |
Toll Notice Transfer Fee | This fee is fixed by an operator of an Eligible Toll Road and may be payable if You receive a Toll Notice and elects to charge it to Your Account. |
®Registered to BPAY Pty Ltd ABN 69 079 137 518