Business Account Customer Service Agreement

Effective as at 3rd Feb 2016

1. Your agreement with us
This agreement begins when you accept the agreement by:

(a) accepting it in writing;
(b) keeping the e-TAG® device(s);
(c) clicking on the “I accept” button on our website;
(d) accepting this agreement orally; or
(e) conduct (e.g. by contacting us to open an account).

2. What to do before using CityLink

You must do the following things before using CityLink:

(a) complete the Application Form and provide all details required by us;
(b) provide the Registration Numbers, make and model and/or Class of all the vehicles to be linked to the Account; and
(c) make sure that the e-TAGs linked to the Account have been allocated to the correct vehicles.

Receipt of e-TAGs

You must install each e-TAG in the vehicle in line with the instructions supplied with the e-TAG.

CityLink Registration of the Customer’s Vehicle

We agree to register your vehicles on the CityLink Register if you comply with this agreement.

Registration only takes effect when a vehicle is actually recorded as registered on the CityLink Register.

On a Business Account, an e-TAG can only be allocated to one vehicle at a time. If another vehicle is required to use the e-TAG, then CityLink must be notified of the new vehicle details and e-TAG allocation.

Although we may send you a letter or signal your e-TAG to beep to inform you about certain events which affect the CityLink Registration of your vehicle, you are responsible for making sure that the CityLink Registration of your vehicle or any vehicle that you drive on CityLink is not suspended or cancelled.

If the CityLink Registration of a vehicle(s) is suspended or cancelled this means that the vehicle(s) will no longer be registered on the CityLink Register.

You may link extra Nominated Vehicles to the Account

If you wish to link an extra vehicle or an extra e-TAG to the Account, you must provide details of any vehicle required by us and comply with this agreement.

Sub-Accounts

You may open Sub-Accounts by contacting us.

3. e-TAG® device and the tolling system

Installing and using the e-TAGs

You must:
(a) always have each e-TAG in its Holder and not obstructed in any way, when the Nominated Vehicle is used on CityLink;
(b) only use each e-TAG in a Nominated Vehicle in the same Class as the e-TAG;
(c) keep each e-TAG in good condition; and
(d) promptly return an e-TAG to CityLink Melbourne when requested by us.

Motorcycles

Motorcycles are not required to carry an e-TAG. Motorcycle Trips are video tolled and do not incur No Tag In Vehicle Fees on CityLink.

Travel on CityLink

We will operate the CityLink electronic tolling system to detect vehicles that make Trips on CityLink by identifying your e-TAG or the vehicle’s Registration Number. We will charge the relevant CityLink Tolls to your Account which may be based on your e-TAG, the CityLink Registration or the observed Class of your vehicle.

You are also responsible for the Tolls or fees incurred by any vehicle that you drive on CityLink, whether or not it is a Nominated Vehicle.

Travel on 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 e-TAG or the vehicle’s Registration Number. The Eligible Toll Road operator will send Trip data and the relevant Tolls to us so we can charge those Eligible Toll Road Tolls (and any fees if applicable) to your Account. We will charge those amounts determined as payable by the Eligible Toll Road operator and we are not responsible for confirming the accuracy of that information.

Responsibility for e-TAGs and Nominated Vehicles

You are responsible for all Nominated Vehicles and e-TAGs linked to the Account and for making sure that all Nominated Vehicles and e-TAGs are used in line with this agreement.

You must procure, and are responsible for, the performance of this agreement by any employee or other person who uses a Nominated Vehicle or an e-TAG linked to the Account.

Although we may send a letter to the Billing Address or signal your e-TAG to beep to tell you about certain events which affect the CityLink Registration of the Nominated Vehicle, you are responsible for making sure that the CityLink Registration of a vehicle is not suspended or cancelled.

Where an e-TAG linked to the Account is detected on CityLink or an Eligible Toll Road, we need not ask which vehicle the e-TAG was in.

Your Nominated Vehicles must have Number Plates that conform to regulations

Your Nominated Vehicles must have clearly readable Number Plates. Number Plates and their placement must conform to the relevant regulations of the relevant registration authority (e.g. VicRoads). Vehicles other than Motorcycles must display both front and rear Number Plates. Motorcycles are required to display rear Number Plates.

4. When you should contact us

Each time a Nominated Vehicle passes through a Toll Zone, the e-TAG in that vehicle should “beep”:

One beep means that everything is operating normally;
No beep means there may be a problem with the e-TAG. You may complete the Trip, but you must contact CityLink Melbourne before using an Eligible Toll Road again; and
Four beeps means that the CityLink Registration of the Nominated Vehicle has been suspended or cancelled. You may receive a Toll Invoice, or if the Toll Invoice remains unpaid, an Infringement Notice. You must contact us before you travel on an Eligible Toll Road again.

You should also contact CityLink Melbourne as soon as possible when:

(a) an e-TAG, Nominated Vehicle or Number Plate is lost or stolen;
(b) an e-TAG is damaged;
(c) you want to remove a Nominated Vehicle from the Account or you change the Registration Number of a Nominated Vehicle which is linked to the Account or you want to link another vehicle to the Account;
(d) you wish to transfer an e-TAG from one vehicle to another within your fleet;
(e) you change Billing Address or other contact details (including the details of the Authorised Customer Contact);
(f) you become aware of anything that may or will affect a payment under this agreement;
(g) your Nominated Vehicle is modified after it is registered; or
(h) you are unsure whether your vehicle is registered in the correct Class.

5. If you do not make contact when required

A Nominated Vehicle may be removed from the CityLink Register if you do not contact us as soon as you become aware of anything that may or will affect a payment under this agreement and rectify the problem.

6. If your Nominated Vehicle or e-TAG is lost or stolen
We will not charge Tolls to your Account if after you have notified both the police and us that:

(a) your Nominated Vehicle has been stolen, we detect that Nominated Vehicle driving through a Toll Zone;
(b) your e-TAG has been lost or stolen, we detect that e-TAG in a Toll Zone;
(c) a Number Plate of your Nominated Vehicle has been stolen, we detect that Number Plate on a vehicle (if that vehicle is not your vehicle) in a Toll Zone.

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 e-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.

7. Charging Tolls to your Account

You will be charged Tolls for using CityLink which are set in line with the Act. CityLink Toll prices are available on our website or upon request. If you have given us incorrect information about the Class of your Nominated Vehicle(s) or other vehicle(s) you drive on CityLink we may charge you the applicable tolls based on the vehicle(s) correct Class.

You will be charged Tolls for using other Eligible Toll Roads which are set by the relevant Eligible Toll Road operator. These Tolls are available from the relevant Eligible Toll Road operator.

We will charge Tolls to your Account when we detect one or more of your Nominated Vehicles, e-TAGs or the Number Plate of a Nominated Vehicle in a Toll Zone.

For each Trip that a Nominated Vehicle is detected on CityLink, we will only debit Tolls to the Account up to the Trip Cap.

On or after the Start Date for an e-TAG, we will charge Tolls and may debit a No Tag in Vehicle Fee to the Account for each Trip that the e-TAG or a Nominated Vehicle was detected on CityLink between up to three days prior to the time you originally contacted us to open the Account and that Start Date.

If a Nominated Vehicle is also linked to another Account, and that vehicle is detected on CityLink without an e-TAG being detected, we may choose which Account will be charged with the Tolls and any applicable fees from that Trip.

We will charge Tolls and 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 Invoice in respect of any Trip(s), we may charge the applicable Toll(s) and Toll Administration Fee(s) to your Account if the Toll Invoice remains unpaid after 28 days.

8. Annual Account Fee
We will charge you the Annual Account Fee as part of the first invoice and on each anniversary of the earliest Start Date of any of your e-TAGs.

We may charge a further Annual Account Fee in the same way for each Sub-Account you open.

9. Security
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 you owe us under this agreement.

10. Minimum Annual Payment
For each e-TAG, at the end of each of the first three Tag Years, we may debit your

Account for the amount by which the Minimum Annual Payment exceeds the total Tolls (excluding any fees, charges or Tolls on Eligible Toll Roads other than CityLink) charged to that e-TAG during that Tag Year.

11. Additional fees and payments
If you use CityLink without your e-TAG being detected

For each Trip that your Nominated Vehicle is detected using CityLink without your e-TAG being detected, we may, as well as charging you Tolls, debit a No Tag in Vehicle Fee to your Account, unless we are responsible for the failure to detect your e-TAG.

Motorcycles are not required to carry an e-TAG. Motorcycle Trips are video tolled and do not incur No Tag In Vehicle Fees on CityLink.

If you use CityLink in a Nominated Vehicle with a different Class from your e-TAG

If a person uses CityLink in a vehicle with an e-TAG linked to your Account which is of a different Class from that vehicle, we may debit the appropriate Tolls and applicable fees to your Account. It is your responsibility to confirm that your vehicle is registered in the correct Class at all times.

e-TAG Non-Return Fee

You must pay us the e-TAG Non-Return Fee if your e-TAG is lost, damaged, stolen, or you do not return your e-TAG to us when we require you to do so.

Credit Card Surcharge Fee

This is the fee you may be required to pay, if you nominated to use an American Express or Diners Club credit card to make a payment to us.

Re-registration Fee

We may debit the Re-registration Fee to your Account if, at your request, we re- register a vehicle on the CityLink Register after its suspension.

Other Accounts

We may apply any outstanding fees, Tolls or charges in relation to this Account to any other CityLink account you may have.

If you have an outstanding Account Balance from another CityLink account, we may credit or debit that amount to this Account.

When you agree to additional payments

CityLink Melbourne 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.

Travel on Eligible Toll Roads

We may debit the relevant Tolls and fees charged by other Eligible Toll Road operators from your Account when your e-TAG or Nominated Vehicle is detected on that Eligible Toll Road.

Toll Administration Fee

If you receive a Toll Invoice you agree to pay any applicable Toll Administration Fee(s).

Late Payment Fee

If payment of the Due Payment is not received within 14 days after the end of a Payment Period, we may charge the Late Payment Fee to your Account.

12. Invoices

Electronic invoices are provided monthly free of charge if your Account has been used during that period. As soon as practical after the end of each Payment Period, we will send you a detailed invoice to your nominated invoice email address.

The Business Primary Contact is responsible for nominating an Invoice Contact and email address and for keeping this information accurate on the account.

The Invoice Contact will be notified each month and receive via email three files with Trip details. Trip information will be provided in EXCEL, PDF and CSV formats.

If you require another copy of a detailed invoice for any period, you can download a copy from the CityLink website at citylink.com.au.

Alternatively, if you require a copy of a detailed invoice to be sent to your nominated postal address, you must pay us a One-off Detailed Invoice Fee.

If you have a Standing Authorisation Account, the Due Payment must be paid by Automatic Payment. If you have any other type of Account (i.e. not a Standing Authorisation Account), you must pay us the Due Payment by the Payment Date.

13. When is a payment made?
Payments are treated as made when we receive them.

If you are an Automatic Payment customer, we will receive your Automatic Payment when it is credited successfully to our Bank account.

If you are not an Automatic Payment customer, or if your Automatic Payment has failed or you have made other payment arrangements with us, we will receive your payments:

  • if by cash or manual credit card, BPay or eftpos, when the person making the payment:
    – in person, is given a receipt for that payment; or
    – by telephone, is given a receipt number for that payment; or
  • if by cheque, when the proceeds of the cheque have been cleared.

You agree that you may be required to pay a Credit Card Surcharge Fee when you nominated to use an American Express or Diners Club credit card to make a payment to us.

If a payment is not made successfully, we will debit the Dishonour Fee to your Account (e.g. if a cheque or direct debit is not honoured in full), unless the unsuccessful payment is our or our Bank’s fault.

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 allocate any such payment against any money you owe us as we deem necessary.

You must keep your Account Balance below $5,000 at all times. If your account balance is $5,000 or above, CityLink Melbourne will report your details to AUSTRAC in accordance with the Anti- Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) .

14. Questions, complaints and disputes

If you have a dispute or wish to make a complaint about the CityLink Registration of your vehicle or a payment or an amount debited, credited or not credited to your Account, you should contact CityLink Melbourne. 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 Invoice, we require you to tell us of any errors or discrepancies promptly. You agree that if you wish to dispute anything in an Invoice you will notify us within 60 days of the date of the Invoice, after which no claim or dispute can be raised.

Where you dispute your Due Payment, until that dispute is resolved you must continue to comply with this agreement as if the Due Payment recorded on the invoice was correct.

Where you dispute your Due Payment, 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.

15. Changing this agreement

We may change this agreement (including any amount, fee or deposit) by:
(a) publishing the changes on CityLink Melbourne’s website, the date from which they will apply, and how you may obtain a copy of them; or
(b) sending a copy of the changes to your Billing Address no later than the next invoice after the effective date of the changes, except when the changes either reduce fees or charges or are as a result of changes in taxes, in which case this is not required.

We may assign this agreement to another entity responsible for levying Tolls on CityLink in the same way.

Changes to this agreement or assignment of this agreement will apply from the date stated on our website or in the copy of the changes.

This clause does not apply to Tolls, which are determined in line with the Act.

16. Suspension or cancellation

If Trips are made by vehicles that are suspended or cancelled from the CityLink Register, you will not have a valid arrangement to make Trips and you may commit an offence under the Act and receive a Toll Invoice or, if the Toll Invoice remains unpaid, an Infringement Notice.

The CityLink Registration of your vehicle is suspended or cancelled when we record it as suspended or cancelled on the CityLink Register or remove it from the CityLink Register.

We may suspend or cancel the CityLink Registration of all your Nominated Vehicles if:

(a) your Account, or another account you hold with us, has not been paid within the required time period;
(b) you do not provide a Security Deposit for each e-TAG linked to your Account within 5 Business Days of us asking you to pay a Security Deposit;
(c) you become bankrupt or appears likely to become bankrupt;
(d) you become insolvent or has a receiver, manager, administrator or liquidator appointed, or appears likely to do so;
(e) you are a company and: • passes 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
  • enters into an arrangement, composition or compromise with any creditors;

(f) we consider that a material adverse change has occurred in your credit rating;
(g) we are required to do so by law;
(h) CityLink was induced by fraudulent misrepresentation on the Customer’s part in approving the account application;
(i) for any other reason (including breach of this agreement by you) we reasonably consider suspension or cancellation of the CityLink Registration of your Nominated Vehicle is necessary.

If we have suspended or cancelled the CityLink Registration of your vehicle, we will send a signal to your e-TAG to give 4 beeps each time your e-TAG device passes through a Toll Zone on CityLink. You agree that this is a reasonable method of notice for us to use.

We may also notify you of suspension or cancellation by giving notice in any other way allowed under this agreement or the Act.

If you do not re-register your vehicle with us or do not make alternative arrangements to pay Tolls through another service provider and your vehicle is detected on any Eligible Toll Road after its CityLink Registration has been suspended or cancelled, the driver of that vehicle may commit an offence and receive a Toll Invoice from us or another Eligible Toll Road operator or, if the Toll Invoice remains unpaid, an Infringement Notice.

We will only investigate a Toll Invoice issued by us once you have re-registered your vehicle with us.

You may end this agreement at any time by giving us notice that you want to close your account. We will then provide you with notice that the CityLink Registration of the Nominated Vehicles linked to your account is cancelled.

If the CityLink Registration of all Nominated Vehicles linked to your Account is cancelled, then within 10 Business Days of receiving notice of that cancellation, you must:

(a) return all e-TAGs to us; and
(b) pay any debit Account Balance and any other amount you owe us.

We will refund any Remaining Account Balance within 10 Business Days after you have met the above requirements.

17. When this agreement ends

This agreement will end 20 Business Days after the CityLink Registration of all of your Nominated Vehicles has been 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 which arose at or before the end or cancellation of this agreement.

18. 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 CityLink or any Eligible Toll Road, your installation, use or removal of the e-TAG or the Holder, or anything else in connection with this agreement.

This agreement does not affect any rights, liabilities and responsibilities arising at law, unless otherwise provided under this agreement.

Where liability cannot be excluded, any liability incurred by us in relation to the use of CityLink or any Eligible Toll Road, your installation, use or removal of the e-TAG or the Holder or this agreement is limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

19. General
Ownership of the e-TAG and licence to use it

You do not own any e-TAG linked to your Account or provided to you. We will license you to use the e-TAG linked to your Account in line with this agreement.

You must return the e-TAG to us within 10 Business Days after we ask you to return it or within 5 Business Days after we ask you to return it if we have suspended the CityLink Registration of your Nominated Vehicles.

This agreement is the entire agreement

This agreement is the entire agreement about the CityLink Registration of your Nominated Vehicle, your Account, e-TAG and the other matters covered by this agreement. The only enforceable obligations and liabilities of you and us about the subject matter are those arising out of the provisions of this agreement or at law.

This agreement replaces all previous representations, communications and agreements on the subject matter.

Notices

Notices (which include any written communications or invoices) may be:

  • given to you personally;
  • left at your Billing Address;
  • sent to your Billing Address;
  • sent by fax to the fax number last notified to us;
  • sent by e-mail to the email address last notified to us;
  • sent by an SMS message to the mobile phone number last notified to us;
  • signalled through your e-TAG to give beeps each time your e-TAG passes through a Toll Zone; 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 an e-TAG linked to your Account and each Nominated Vehicle which is linked to your Account.

Notices to CityLink Melbourne may be sent or delivered:

  • to our address;
  • by fax to our fax number; or
  • by e-mail to our e-mail address.

Our contact details are on the back page of this agreement. Notices take effect from the time they are received unless a later time is specified. Notices by e-TAG beeps are taken to be received when we signal the e-TAG to beep.

If notices are sent by a fax machine which prints a transmission report showing that the fax was fully sent, they are taken to be received at the time shown in a transmission report which shows that the whole fax was sent. If notices are sent by post, they are taken to be received on the expiration of 3 Business Days after the date of posting. If notices are left at your address, they are taken to be received on the day of delivery if delivered before 4pm on a Business Day and otherwise on the next Business Day.

If notices are sent by e-mail or SMS, they are taken to be received on the next day after the date of sending.

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 or 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 CityLink Melbourne created under this agreement may only be waived in writing signed by us.

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 CityLink Melbourne 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.

Consent to use and disclose information

You consent to us using or disclosing any information (including personal information) you provide to us if the information is used or disclosed for the purposes contemplated by this agreement (including the exercise of any rights or the performance of any obligations under this agreement) or as detailed in our Privacy Policy.

You consent to any information (including personal information) about your Account, and any information you provide to CityLink Melbourne, being disclosed by us to: (a) credit reporting bodies to enable us to ascertain your credit rating either before your account is opened or at any time thereafter while your account remains open; and (b) credit reporting bodies or debt collection agencies where you are in payment default.

Our Credit Reporting Policy is available on our website.

We may use personal information to research and develop new products and services, and conduct business planning.

You consent to us disclosing any information otherwise required by law (legislation or court order).

You consent to us disclosing to Eligible Toll Road operators and VicRoads any information (including personal information) that is required for toll enforcement or collection.

If you provide us with your email address or mobile phone number, you consent to us using those contact details to send you traffic updates and other notices relevant to your use of CityLink and any other Eligible Toll Roads. You can ask not to receive such communications at any time.

Privacy Policy

We will give you a copy of our Privacy Policy when you ask for a copy. Our Privacy Policy is available on our website.

Recovery of costs

You must pay us an amount equal to any costs (including legal costs) incurred by us in recovering a debt from you.

20. Interpretation
In this agreement unless the contrary intention appears:

(a) a reference to this contract includes any variation to it;
(b) the singular includes the plural and the plural includes the singular;
(c) person includes a firm, a body corporate, an unincorporated association or an authority;
(d) an obligation imposed on 2 or more parties binds them jointly and severally;
(e) a reference to a time or date is a reference to that time or date in Melbourne;
(f) a provision of this contract must not be interpreted against CityLink Melbourne just because it prepared the contract;
(g) a reference to any legislation or subordinate legislation includes any future modifications or changes;
(h) headings in this contract have been inserted for convenience and do not affect the interpretation of this contract; and
(i) this contract and the transactions contemplated by this contract are governed by Victorian Law.

21. Definitions

Term

Definition

Account

Your CityLink Melbourne account including any Sub-Accounts, e-TAGs and Nominated Vehicles linked to the account.

Account Balance

The total of all Tolls, fees, taxes and charges which we have debited to the Account since the end of the last Payment Period (or for the first Payment Period, since the earliest Start Date of any of your e-TAGs) and any other amounts which you owe us.

Act

The Melbourne City Link Act 1995 (Vic) as substituted, amended or varied from time to time.

Application Form

The application form for an Account.

Authorised Customer Contact

Your authorised representative as notified to us by you.

Automatic Payment

A standing authorisation given by you to us over a credit card account or other account held by you at a Bank for the Due Payment.

Bank

Any bank or financial institution, including a credit card provider, authorised to carry on banking or financial business within Australia.

Billing Address

The last mailing address advised to us by you.

Business Day

Any day which is not a Saturday, Sunday or public holiday in Melbourne.

Business Primary Contact

The person nominated by You to CityLink Melbourne as being the person primarily responsible for the management of the Account.

CityLink

The Link road and Extension road as defined in the Melbourne City Link Act 1995 (Vic) and any part of those roads.

CityLink Melbourne, we, our or us

CityLink Melbourne Limited (formerly Transurban City Link Limited) ABN 65 070 810 678 and its successors, contractors, assignees, employees, agents, and nominees.

CityLink Register

The register of vehicles established and maintained by us under section 73A of the Act.

CityLink Registration

The registration by us of your vehicle on the CityLink Register.

Class

A Motorcycle, Car, Light Commercial Vehicle or Heavy Commercial Vehicle as defined in the Toll Calculation Schedule in the Concession Deed.

Concession Deed

Has the meaning given to ‘the Agreement’ in the Act.

Credit Reporting Policy

The Credit Reporting Policy available from CityLink’s website.

Customer, you or your

The company, entity, person or person acting on behalf or of the company or entity who has opened the Account with us.

Due Payment

In respect of any Payment Period, the amount stated in the invoice for that Payment Period as the total of the Account Balance and any other amount that you owe us at the end of that Payment Period.

Eligible Toll Road

CityLink and 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. For further details, please refer to our website.

e-TAG

The transponder device licensed to you for the duration of this agreement.

Holder

The device which will be attached to the windscreen to hold the e-TAG.

Infringement Notice

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 Invoice has not been received by the relevant due date.

Insolvency Event

You resolve to be wound up; have a winding up application presented against you are placed under official management or administration; have a liquidator or a provisional liquidator appointed to you; are insolvent or unable to pay your debts when they fall due; are bankrupt or commit any act of bankruptcy; enter into any arrangement or assignment for the benefit of your creditors; or anything analogous, or having substantially similar effect, to the occurrence of these events in relation to you.

Invoice Contact

The person nominated by You to CityLink Melbourne as being the person to receive invoices for the Account.

Motorcycle

Has the meaning given to ‘Motor Cycle’ in the Toll Calculation Schedule.

Nominated Vehicle

A vehicle which you have asked us to link to your Account and which is registered on the CityLink Register.

Number Plate

The physical plate which contains the vehicle’s Registration Number.

Payment Date

The date fourteen days after the end of a Payment Period.

Payment Period

The period agreed between CityLink Melbourne and you for the billing of the Account (e.g. weekly, fortnightly, monthly). We will not agree to a Payment Period that is greater than monthly. The first Payment Period begins on the earliest Start Date for any of your e-TAGs.

Privacy Policy

The Privacy Policy available from CityLink’s website.

Registration Number

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 registration authority (e.g. VicRoads).

Remaining Account Balance

The total of any:

  • credit Account Balance;
  • Security Deposit; and
  • any other amounts which are treated like a Security Deposit, you have left after all outstanding fees, taxes, Tolls, toll credits, charges and any other amounts you owe us are deducted. Toll credits cannot be redeemed for cash.

Standing Authorisation Account

An Account which allows you to pay the Account Balance by Automatic payment.

Start Date

The later of:

  • the date that the Account was opened; and
  • 3 January 2000,
    for all e-TAGs linked to the Account on or before this date. The Start Date for any other e-TAG is the date on which that e-TAG is linked to the Account.

Sub-Account

A sub-account which you may open with us for convenience in managing your business.

Tag Year

For each e-TAG, a consecutive 12 month period from:

  • the Start Date; or
  • the anniversary of the Start Date. Where an e-TAG is replaced, a Tag Year is calculated by reference to the original e-TAG unless the replacement e-TAG is part of a general release of “new generation” e-TAGs. However, without changing the beginning of a Tag Year, a Tag Year for any e-TAG will end on the earliest of:
    • the date that e-TAG is returned to us without being replaced;
    • the date you tell CityLink Melbourne that the e-TAG has been lost or destroyed and you do not want to replace the e-TAG;
    • the date that e-TAG is replaced as part of a general release of “new generation” (e.g. of an improved technology) e-TAGs; and
    • the date when the CityLink Registration of all vehicles linked to your Account is cancelled.

Toll Administration Fee

A toll administration fee calculated in accordance with the Act or, in relation to an Eligible Toll Road other than CityLink, such equivalent legislation that applies in relation to that Eligible Toll Road.

This fee may be payable if you receive a Toll Invoice.

Toll Calculation Schedule

Has the meaning given to that term in the Concession Deed.

Toll Invoice

A request for payment issued to the registered owner or nominated driver of a vehicle for travel on CityLink or another Eligible Toll Road. Toll Invoices are issued by CityLink or another Eligible Toll Road operator and may include Tolls and Toll Administration Fees.

Tolling Customer Ombudsman

Means the ombudsman for the tolling industry and the contact details can be obtained from our website.

Toll Zone

A part of CityLink specified to be a toll zone under the Act.

Tolls

Tolls are the amount payable for travel on CityLink and other Eligible Toll Roads.

CityLink Tolls are set in accordance with the Toll Calculation Schedule and may be updated quarterly. The full details appear in the Victoria Government Gazette (gazette.vic.gov.au). Tolls on CityLink vary depending on the Class of the Nominated Vehicle. It is your responsibility to ensure that each of your Nominated Vehicles is registered in the correct Class at all times.

Current toll prices for other Eligible Toll Roads are available from the relevant Eligible Toll Road Operator.

Trip

The driving of a vehicle in one direction in one or more Toll Zones uninterrupted by exit and subsequent re-entry of CityLink other than travel directly between the Southern Link and the Western Link. For another Eligible Toll Road, a Trip will be determined by the operator of that Eligible Toll Road.

Trip Cap

The maximum Tolls which will be debited to your Account for each Trip. The amount is determined by us in line with the Act or, if applicable, by an operator of another Eligible Toll Road in respect of Trips on that Eligible Toll Road.

Amounts, Fees and Charges (inclusive of GST where applicable)

Amount / Fee / Charge

Description

Amount, Fee or Charge (inclusive of GST where applicable)

Annual Account Fee

This is the amount you must pay us to open and maintain an Account.

$71.50 per annum

Credit Card Surcharge Fee

This is the amount that is debited to your credit card when you nominated to use an American Express or Diners Club credit card to make payment to us.

The variable charge imposed on us by the credit provider to process your payment to CityLink.

Current Credit Card Surcharge Fees are available when you visit citylink.com.au.

Dishonour Fee

This is the amount that is debited to your Account if your payment is not successfully made, unless the unsuccessful payment is our or our Bank’s fault.

$5.50 plus the charge

imposed on us by our Bank as a result of your unsuccessful payment.

e-TAG Non- Return Fee

This is the amount that you must pay us if your e-TAG is lost, damaged, stolen, or not returned to us in accordance with this agreement.

$55 per e-TAG device not returned.

Late Payment Fee

This is the amount you must pay us if payment of an amount you owe us is more than 5 days late.

$5.50 plus 1.5% of the amount which was not paid on time.

Minimum Annual Payment

This is the minimum amount of Tolls and taxes which you must pay per e-TAG device each Tag Year. Your Account will only be debited with the difference between this amount and the actual Tolls and taxes charged to each e-TAG device.

$27.50 per e-TAG device linked to your Account.

For example, assuming that you have 2 e-TAG devices linked to your Account, then:

(i) if in any Tag Year, your Tolls and taxes on each e-TAG device (excluding any other fees, charges or Tolls in relation to an Eligible Toll Road other than CityLink) is at least $27.50, you will not need to pay anything towards the Minimum Annual Payment;

(ii) if in any Tag Year, your Tolls and taxes on each e-TAG device (excluding any other fees, charges or Tolls in relation to an Eligible Toll Road other than CityLink) is $30 on one e-TAG and $10 on the other at the end of that Tag Year, we will debit your Account for $17.50 (being the difference between the Minimum Annual Payment and your toll and taxes expenditure in that Tag Year on the e-TAG device which had been charged $10 in Tolls and taxes).

No Tag in Vehicle Fee

This is the amount that CityLink Melbourne may charge if your Nominated Vehicle is detected in a Toll Zone without an e-TAG being detected, unless we are responsible for the failure to detect your e-TAG.

Motorcycles are not required to carry an e-TAG. Motorcycle Trips are video tolled and do not incur No Tag In Vehicle Fees on CityLink.

$0.75 per Trip.

One-Off Detailed Invoice Fee

You pay this fee to get a one- off detailed invoice.

$3.30 for each time you request a one-off detailed invoice.

Re- registration Fee

This is the amount that CityLink Melbourne may charge if the CityLink Registration of your vehicles has been suspended or cancelled and, at your request, CityLink Melbourne re-registers your vehicles on the CityLink Register.

$5.50 per vehicle.

Security Deposit

We may require you to pay this deposit as security.

$50 per e-TAG device linked or proposed to be linked to your Account.

Voluntary Replacement Fee

This is the fee that CityLink Melbourne may charge if you voluntarily elect to replace an e-TAG, where there is no fault with the e-TAG.

$55 per voluntary replacement of an e-TAG.