Post-paid commercial account Customer Service Agreement
Effective: 13 November 2017
1 About us
1.1 Transurban Queensland
Queensland Motorways Management Pty Ltd (Transurban Queensland) is part of the Transurban Queensland Group which operates and manages certain toll roads, which are listed and updated from time to time at govianetwork.com.au and govia.com.au.
In this document we refer to these toll roads as ‘our roads’.
1.2 go via
The go via® tolling brand is owned by Transurban Queensland. We offer accounts and passes for travel on our roads and compatible roads.
2 This Agreement
2.1 What it covers
This Agreement covers your post-paid commercial go via account which we refer to as ‘your account’. It outlines your rights and obligations to us and our rights and obligations to you about your account, and each vehicle which is linked to your account, which we refer to as ‘linked vehicles’.
2.2 Your rights and obligations
- your right to travel on our roads
- your obligation to make the required payments by the due date
- your obligation to keep your details up-to-date (eg, means of contact and linked vehicle licence plate details)
- your obligation to pay all outstanding tolls, fees and charges when your account is closed
- your obligation to drive lawfully on our roads.
2.3 Additional rights and obligations if you have been supplied with a tag
- your right to use each tag when you travel on our roads and compatible roads
- your obligation to install and use each tag in accordance with instructions provided when we send you each tag
- your obligation to correctly maintain and use any tags we send you for your use and to return those tags at our request
- your obligation to be aware of the tag beeps and their meaning to ensure your account is always paid in full.
2.4 Our rights and obligations
- our right to charge tolls, fees and charges to your account when a tag or linked vehicle is detected on our roads and compatible roads
- our right to take action if you don’t meet your obligations under this Agreement (which may include closing your account or combining the balance of your account with the balance of any other accounts or passes you may have with us)
- our right to record and use personal information you give us and to link the details of the linked vehicles and tags to your account so we can correctly process your toll charges
3 Your account
3.1 Applying for an account
You can apply for an account online. You can also apply for an account by completing an application form and returning it to us by mail.
All applications are subject to credit checks and approval. You acknowledge and agree to the additional credit terms set out on the application form or if you are applying online, at govia.com.au. If you cannot satisfy these requirements, we may refuse your application. We will notify you if this occurs.
3.2 Agreements for businesses
If the account is for a business, the person who accepts or signs these terms and conditions on behalf of the business represents that they are authorised to enter into this Agreement on behalf of the business.
3.3 When your account and this Agreement starts
This Agreement starts when your application to open your account has been assessed through our credit application process and is approved by us. We will notify you when this occurs and begin to charge tolls to your account from that time.
3.4 Linking vehicles to your account
You must give us the details of each vehicle that you want to link to your account. We will then link those vehicles to your account. You may have multiple linked vehicles on your account.
By linking a vehicle to your account, you confirm that you are the registered vehicle owner or that you have the permission of the registered vehicle owner to link the vehicle to your account. For all linked vehicles, you agree that you also consent, or have the consent of the registered vehicle owner, to us disclosing information to you about that vehicle’s use of our roads.
For each vehicle that is linked to your account, you must inform us whether you want a tag for that linked vehicle. You may also choose not to have a tag. In this case, if a linked vehicle travels on our roads and a tag is not detected, a video matching fee will be payable for each toll point on that trip in addition to the tolls. Also see section 6.1.
Provided your account is not suspended, you may add or remove linked vehicles on your account or request an additional tag. At any time, you may report a tag lost or stolen, or return a tag to us. When a tag is returned to us it will be removed from your account.
If you lose a tag and notify us of the lost tag, we will mark it lost so that you will not continue to be charged. We will also charge the tag non-return fee and will refund the fee if the tag is found again. The tag will not be removed from your account unless requested by you, or upon closure of the account.
3.5 Correct details
You must make sure that all the details on your account are correct at all times.
In particular, you must ensure that the details of the linked vehicles on your account are correct. If the details for your linked vehicles recorded on our system are wrong or change, then you are responsible for updating those details either by:
- changing those details yourself by logging onto your account at govia.com.au, or
- asking us to change those details by calling our Customer Contact Centre.
If you sell or transfer a linked vehicle, you are responsible for updating all the details on your account, and also removing any tag installed in that linked vehicle. You remain responsible for all tolls, fees and charges incurred by that linked vehicle or tag, until you remove them from your account.
3.6 Incorrect details
If we don’t have the correct details for a linked vehicle (especially the licence plate details), then we may not be able to identify the vehicle as linked to your account when it travels on our roads, and we will not be able to charge your account. If this occurs, unless an arrangement to pay that toll is made within three days of travel on our roads, then the registered owner of the vehicle will receive a toll invoice from us (including a video matching fee and a toll invoice fee).
You must also ensure that all payments you make to us correctly identify you and your account. If you make payments to us without correctly identifying yourself and the account the money is to be applied against, we will retain those funds in an unidentified monies account for a period of at least six months.
If you do not contact us and properly identify your funds within that six month period, we may retain those funds and are not obliged to return them to you.
3.7 Confirming your identity
You should record your account number and make sure you remember (and keep secure) your login details to access your account electronically at govia.com.au.
If you call us about your account, we will confirm your identity (and your authorisation to access the account) by asking you some questions.
You may view and download electronic statements, which are your monthly invoices, by logging onto your account. Your statement shows all tolls, fees and charges that were processed to your account during the statement period.
You can access, free of charge, your previous statements online for the last 18 months.
You may ask us to mail or email you a copy of your statement. We will charge you a requested statement fee for each statement we provide to you at your request.
3.9 Account balance
You can view your account balance by logging onto your account. You can also ask for your balance by calling our Customer Contact Centre.
4 Paying for your tolls
4.1 How we charge
For travel on our roads, we will charge tolls based on the class of vehicle (which depends on the type of vehicle and its purpose of use), for each toll point that the vehicle passes. We may contact the relevant road authority in the State that any linked vehicle is registered to confirm the class of your vehicle.
For travel on compatible roads tolls, fees and charges will be determined by the operator of the compatible road.
See section 6.1 for more details.
4.2 Applying tolls, fees and charges when there is more than one valid tolling product
A linked vehicle may be associated with more than one valid tolling product (eg, an account and a road pass) when it travels on our roads or a compatible road. We apply the tolls, fees and charges in this order:
- to a pre-paid or post-paid go via account or an account issued by a compatible road operator, if we detect a tag linked to one of those accounts which is valid at the time of travel
- to a pass or an account in the order listed below, if we don’t detect a tag at the time of travel or are unable to charge the account associated with a detected tag:
- go via toll credit pass
- go via road pass
- pre-paid or post-paid go via account.
If there are multiple passes linked to the vehicle at the time of travel, the pass with the earliest expiry date will be charged.
If there are multiple accounts linked to the vehicle at the time of travel, the account to which the vehicle was most recently linked will be charged.
- to a valid pass or account with a compatible road operator.
4.3 Paying your monthly invoice
After the end of each invoice period, we will send you an invoice which shows the tolls, fees and charges for that month which you must pay by the due date on the invoice. The first invoice period will, by default, be one month from the account opening date. You can request a different invoice date by contacting us, subject to our approval.
You may pay the invoice using:
- automatic direct debit from a bank account or credit card (in which case you need to provide us with the relevant bank account or credit card details), or
- any of the other payment options as listed on the invoice.
If you make a payment using a cheque, and that cheque is dishonoured, we may charge a dishonour fee to your account.
4.4 Failure to pay your monthly invoice by the due date
If you don’t pay a monthly invoice on time, then that invoice will be overdue and the following will apply:
- we may charge an overdue interest charge calculated daily on the overdue balance of your invoice
- your account will be suspended until we receive payment of the overdue invoices or your account is closed by us. See section 8 for more information about what happens when your account is suspended and our process for closure of your account, and
- we will contact you to notify you of your account suspension.
4.5 When we charge your bank account or credit card
If you have requested an automatic direct debit payment option, you agree to the additional terms set out in the application form for direct debit payments. If you have authorised us to direct debit the tolls, fees and charges of each monthly invoice from a bank account or credit card, we will charge your account or credit card on the due date of the invoice.
If you have authorised payment by direct debit from a bank account or credit card and that direct debit is unsuccessful, then:
- we may charge a dishonour fee to your account
- you may provide us with a new direct debit authority, and
- until you provide us with a new direct debit authority, you must pay each monthly invoice using another payment option.
See section 4.4 for what will happen if an invoice becomes overdue as a result of a direct debit failure.
4.6 Set off
We may set off or deduct from any positive account balance or positive pass balance which you have with us, any amounts due, or which may become due, to us from you at any time and for any reason whatsoever.
4.7 Incorrect charges
If we incorrectly charge a toll or a fee to your account for a trip on our roads, we will refund that toll or fee to you within a reasonable time after:
- you notify us of the error and we confirm it was an incorrect toll or fee, or
- we become aware of the error.
5 Our tags
5.1 We own the tags
Each tag we provide to you remains the property of Transurban Queensland.
We may ask you to return a tag at any time. All tags must be returned prior to closure of your account (see 8.3.1).
|If you do not return a tag within seven business days of being requested to do so, you may be charged a tag non-return fee. This fee will also apply if the tag is returned to us and it is damaged or cannot be re-used, other than as a result of normal wear and tear.|
5.2 Tag beeps on our roads
We send messages about your account through beeps from the tag. The beeps will be heard when a tag correctly installed passes through a toll point on one of our roads. It’s important for you to understand what the beeps mean so you can effectively manage your account.
|Beeps||What it means||Your action|
|1 beep||We have successfully charged the toll to your account.
|4 beeps||Your monthly invoice is now overdue. Your account may be suspended or cancelled.
||Contact us immediately. Also see section 4.4.
|No beep||The tag may be faulty or incorrectly installed.
||Check the tag placement in your vehicle. If the tag is not installed as per our instructions (see section 5.3), please install it correctly and see if this corrects the problem. If it does not, or you have any questions, please contact us.
Please refer to section 6 regarding fees associated with travel where a tag is not detected.
|We do not operate the compatible roads, and therefore any beeps heard or not heard when travelling on a compatible road may not be consistent with the meanings set out above.|
5.3 Using tags
If we provide you with a tag you must:
- install and use the tag in accordance with our instructions. We will provide you with instructions when we send the tag to you, or you can download them at govia.com.au
- take reasonable care of the tag and keep it safe so it doesn’t get lost, stolen, damaged, spoiled or destroyed, and
- only use the tag in a vehicle of the same class as the vehicle for which you requested that tag. If you install the tag in a different class of vehicle, then we may charge the tolls, fees and charges that apply to that different class of vehicle.
5.4 Lost or stolen tags
If a tag is lost or stolen, you must:
- notify us immediately, and
- if we ask you, provide us with a copy of the police report or other evidence.
From when you notify us that a tag is lost or stolen, we won’t hold you responsible for any tolls, fees or charges that might result from someone else using that tag. However, we may charge a tag non-return fee to your account. We will send you a replacement tag if you ask us.
5.5 Damaged or destroyed tags
If a tag is damaged, you must return it to us. When you return a tag that is damaged or cannot be reused, other than as a result of normal wear and tear, section 5.1 will apply. If a tag is destroyed, then you must:
- notify us immediately, and
- if we ask you, provide us with evidence.
5.6 Faulty tags
- if you think that a tag is faulty, then you must contact us immediately
- if we ask you to return the tag to us and you request a replacement tag, we will send you a replacement tag.
Motorcycles are not required to carry a tag. We will not charge a video matching fee if a motorcycle is linked to your account and travels on our roads. However, operators of compatible roads may charge a video matching fee if the motorcycle travels on a compatible road.
5.8 Multiple tags in a linked vehicle
If you carry more than one tag in a linked vehicle, we will do our best to only charge the relevant toll once when that linked vehicle passes through a toll point. However, we are not obliged to refund your account for multiple toll charges.
6 Using our roads
6.1 Tolls, fees and charges
If we detect a tag which is linked to your account on our roads, we will charge the relevant tolls and fees for the linked vehicle associated with that tag to your account.
If we don’t detect a tag when a linked vehicle travels on our roads (eg, if a tag was not requested for that linked vehicle, the tag is not in the linked vehicle or the tag has not been correctly installed) we will charge these tolls and fees to your account:
- the toll amount, and
- the video matching fee.
However, we won’t charge a video matching fee if:
- the linked vehicle is a motorcycle, or
- the tag was faulty and you notified us and returned the tag to us promptly.
If we charge a video matching fee, but you contact us and we confirm that there was a tag correctly installed at the time of travel, we will refund the video matching fee. The tolls, fees and charges that apply to our roads and toll products may change from time to time. The toll amount depends on the class of the vehicle that travels on our roads. We may offer discounts, promotions and other special offers from time to time. These offers are subject to change, and may be altered or discounted at our discretion.
To find out the current tolls, fees and charges, you can:
- visit govia.com.au
- call our Customer Contact Centre on 13 33 31
- contact us on any of the other methods set out in section 16.
If we need to pay a refund to you under this Agreement we may pay it to the card or bank account which you used to make the original transaction.
If you request closure of your account under clause 8.2, we will refund you in accordance with clause 8.3.3.
7 Travelling on compatible roads
7.1 Conditions that apply to compatible roads
We have an agreement with certain operators of compatible roads to charge your account with the relevant tolls, fees and charges that apply for use of those compatible roads when a tag or a linked vehicle is detected on those compatible roads.
7.2 How we process the tolls, fees and charges
When a tag or a linked vehicle is detected on a compatible road, the operator may notify us of the tolls, fees and charges that apply to that trip. Additional fees and charges may apply if you do not have a tag or it is incorrectly installed or faulty.
If your account has no overdue invoices, we pay the operator on your behalf and charge the relevant tolls, fees and charges to your account as soon as we have received all the relevant information related to your trip.
However, if your account has overdue invoices, if the operator is unable to identify your linked vehicle, or if your account is suspended then:
- we may reject the tolls, fees and charges notified by the compatible road operator, and
- as a result, the compatible road operator may send the registered owner of the detected vehicle an invoice or request for payment (which may include additional fees or charges).
If you have a query about tolls, fees or charges applied to your account as a result of use of a compatible road, you should contact the operator of that compatible road.
Apart from any obligations we may have under the Australian Consumer Law, Transurban Queensland and the Transurban Queensland Group are not liable to you, any person who drives a linked vehicle or any other road user or any person claiming through you in relation to any loss or damage you suffer as a result of:
- us rejecting the toll, fees and charges notified to us by a compatible road operator, in accordance with these terms and conditions, or
- use of the compatible road.
8 Suspending and closing your account
8.1 When your account may be suspended
If at any time an invoice on your account is overdue, we may suspend your account. We will notify you via the contact details you have provided to us if your account is at risk of being suspended and again when your account is actually suspended. We will reinstate your account once you pay all overdue invoices.
We may also suspend your account if you breach this Agreement, or as set out in clause 8.4. In these circumstances, we will notify you when your account is reinstated. Alternatively, your account may be cancelled in accordance with clause 8.2 or clause 8.4.
A suspension of your account means that your rights under this Agreement are temporarily suspended
While your account is suspended you will need to make another arrangement for travel on our roads. If your overdue invoices have not been paid or another arrangement has not been made within three days of any travel on our roads, then we will send the registered owner of the vehicle a toll invoice in respect of that trip (including a toll invoice fee and video matching fee).
Also see section 7.2 in relation to travel on compatible roads.
8.2 When your account may be closed
|Reason||What it means|
|An invoice is overdue|
|You ask us to close your account
|| At any time, you may ask us to close your account by:
|Your account is inactive||We may close your account if no tolls, fees or charges have been charged to your account for a period of two years or more. Before closing your account, we will notify you that we are considering closing your account for this reason.
We may agree to keep your account open at your request. If we are unable to contact you, or you do not respond to our notice, then we will proceed to close your account.
|You no longer satisfy the requirements for this account type
||We may close your account if we consider that you no longer satisfy the requirements as set out in section 3.1 for this account type.
|Your account is being used for fraudulent purposes
||As set out in clause 8.4.|
|Breach of this Agreement
||We may close your account if you breach this Agreement.
8.3 Closing your account
8.3.1 Tags must be returned
You must return any tags prior to requesting your account to be closed. If you are unable to return tags because they are lost or stolen, or if your tag is damaged, you must notify us when you request that your account is closed and we may charge a tag non-return fee to your account for each tag. We will close your account once outstanding fees have been paid.
8.3.2 Transferring balances
Before we close your account we may transfer any positive balance on this account to any other accounts or passes you may have with us to partially or entirely clear their negative balances, or we may transfer the positive balance of any other accounts or passes you may have with us to this account to partially or entirely clear any negative balance on this account. If we do this, we will try to notify you by the contact details you have provided to us.
8.3.3 Positive balance
If your account has a positive balance (after any outstanding tolls, fees and charges have been applied and after we have exercised any rights to transfer that balance to any of your other accounts or passes), then approximately 30 days after we close it we will pay the balance as follows (and in this order):
- we will refund the 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.
- we will mail a cheque for the balance to the address listed on your account - payable to the account holder, or
- if we can’t reasonably contact you, we will hold the balance for you for a period of two years, after which the balance will be considered unclaimed money in accordance with our obligations at law.
8.3.4 Negative balance
If your account has a negative balance (after any outstanding tolls, fees and charges have been applied) we will issue you with a final invoice and you must pay that invoice by its due date.
If you have set up an automatic direct debit from a bank account or credit card linked to your account, we will debit your payment arrangement and send a final invoice stating that no funds are owing on the account.
We will close your account after the final payment is made.
If you don’t pay the outstanding balance by the due date of our invoice, or your automatic payment fails, we may attempt to recover the debt from you through a debt collection agency.
We may suspend or close your account if we reasonably believe your account or any card linked to your account or use of your account:
- is using our system to determine the validity of a credit card;
- poses a risk to us or any third party, including the integrity, security or reliability of us or our system;
- was obtained fraudulently or using false details; or
- is, or may be, being used for fraudulent, illegal, dishonest or malicious purposes.
We may suspend or close your account if you do not cooperate with any investigation in relation to your account regarding suspected fraudulent, illegal, dishonest or malicious behaviour, or if you refuse to confirm your identity in response to a request made by us in connection with any suspected fraudulent, illegal, dishonest or malicious behaviour.
For the purposes of this Agreement, fraudulent, illegal, dishonest or malicious behaviour means dishonest activity, which may cause financial loss to any persons or entity including theft of money or other property whether or not deception is used at the time.
9.1 Personal information we hold
We hold electronic or other records about you and each of your tolling products. Those records include the following details:
- the information you give us in an application or other notification (including credit card details if you have provided them), and
- all transactions linked to your account.
9.2 How we can use and disclose your personal information
You agree that we can collect, use and disclose your personal information:
- to complete our obligations and exercise our rights under this Agreement, and
9.3 Passing your personal information to a compatible road operator
You authorise and agree for us to release your personal information to a compatible road operator for these reasons:
- so that the operator can notify us of the relevant tolls, fees and charges that apply to each linked vehicle if it travels on the compatible road, and
- to allow us to charge the relevant tolls, fees and charges to your account.
10 Enquiries, complaints and disputes
You should contact us about your account or this Agreement if you:
- have any questions
- want to make a complaint
- want to raise a dispute.
You may contact us by using any of the methods set out in section 16.
Once you contact us, a customer service contact officer will respond to you as soon as possible. If you’re not satisfied with the response, you can ask for the matter to be reviewed by our customer relations team.
If you are still dissatisfied with the outcome you can contact the Tolling Customer Ombudsman. To find out more about that process, you can download the information brochure on the Tolling Ombudsman website at www.tollingombudsman.com.au or by calling 1800 145 009.
Please note the Tolling Ombudsman will only review a complaint if it has been through Transurban Queensland’s full internal complaint resolution process and is still not resolved.
11 Changes to this Agreement
11.1 How we may tell you about changes
We may change any of the terms of this Agreement by publishing the changes or a new agreement at govia.com.au. We will also try to notify you beforehand by the contact details you have provided to us. A summary of any changes to the terms may also be published in The Courier–Mail or any successor publication.
If you are not satisfied with any changes to the terms of this Agreement, you can close your account (see section 8).
We may assign this Agreement to another company by providing 30 days’ notice to you at any time.
We will notify you via the email address or the postal address you have provided to us.
We may terminate this Agreement upon providing 30 days’ notice to you at any time. We will notify you via the email address or the postal address you have provided to us. Upon termination, the account will be closed within 7 days, and the account closure provisions at section 8.3 will apply.
14.1 Our liability
You may have rights as a consumer under the Australian Consumer Law.
Nothing in these terms limits or excludes our liability:
- under the Australian Consumer Law, except to the extent we are permitted to limit or exclude our liability under the Australian Consumer Law, or
- for personal injury or death caused by our negligence.
If we find that you have been incorrectly charged a toll or fee, our liability to you will be limited to refunding that overpaid toll or fee to you. Our liability to you in relation to a tag will be limited to replacing that tag.
14.2 Use of our roads
You acknowledge and agree that:
- we do not guarantee that our roads or compatible roads will always be available or that traffic flows will be uninterrupted
- we are not aware of the purpose of your travel on our roads or compatible roads and you (and any person who drives a linked vehicle) are responsible for planning your journey and allowing sufficient time in case traffic
- is disrupted or a road is fully or partially closed, and
- we do not guarantee that the services or our roads or compatible roads will be fault free or that use of the roads will be risk free.
|From time to time, maintenance or other work may need to be completed on our roads or a compatible road. That work may disrupt traffic flows on those roads. We will try to minimise these disruptions.|
14.3 Exclusions from liability
Except as set out in section 14.1, Transurban Queensland and the Transurban Queensland Group are not liable to you, any person who drives a linked vehicle or any other road user or any person claiming through you in relation to:
- any loss or damage suffered as a result of any delay or disruption arising out of use or unavailability of our roads or compatible roads or caused during, or as a result of, use of our roads or compatible roads
- any loss or damage arising out of your use, installation or removal of a tag
- any loss or damage arising out of any error or delay in processing tolls and fees and charging them to your account (including any incorrect tolls or fees), or
- any loss of opportunity, loss of profit, loss of revenue, loss of anticipated savings or loss that would be considered consequential or indirect, irrespective of how that loss was caused and whether arising under this contract or under another principle of law.
14.4 Assigning this Agreement
You may not assign this Agreement to any person.
14.5 Governing law
This Agreement is governed by the law of Queensland.
If any part of this Agreement is void, unenforceable or illegal that part will be severed from this Agreement and the remainder of this Agreement will remain in full force and effect.
Australian Consumer Law
The Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
The class of vehicle is defined in Queensland, Queensland Government Gazette, No 73, 31 March 2011 and listed at govia.com.au. The class is used to determine the applicable toll charge for that vehicle.
A road, access point or facility that is not one of our roads but where we have an agreement with the operator of that compatible road, access point or facility to charge some of our products (including the post-paid commercial account) with the relevant tolls, fees and charges when a tag or a linked vehicle is detected on that road or at that access point or facility. Visit govia.com.au for a list of compatible roads for your account.
The balance of the account is below $0.
Our, us, we and Transurban Queensland
Queensland Motorways Management Pty Ltd ACN 010 630 921.
The balance of the account is above $0.
Purpose of use
The purpose for which the vehicle is used (either commercial (business) or private use), as specified in your vehicle registration status with the relevant road authority in the State the vehicle is registered.
Transurban Queensland Group
Queensland Motorways Holdings Limited ACN 150 265 197 and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)).
An electronic device provided by us for use in a vehicle.
A toll invoice is a notice requiring payment of the relevant toll, video matching fee and a toll invoice fee.
A motor vehicle as that term is defined in the Transport Operations (Road Use Management) Act 1995 (Qld) and ‘linked vehicle’ means a vehicle linked to your account.
The individual or business identified in the application as the account holder.
16 Contact us
You may contact us through any of these ways:
- visiting govia.com.au
- calling 13 33 31
- writing to Customer Service Queensland Motorways Management Pty Ltd, PO Box 2125, Mansfield Qld 4122
- calling the National Relay Service on 13 36 77 and asking for 13 33 31
- calling the Translation and Interpreting Services on 13 14 50 and asking for 13 33 31.
17 Notices and other documents
Any demand or notice under any agreement you have with us will be served on you if:
- it is served personally
- it is left at the address for you in our records (if any) or your last known address to us
- it is sent by mail to the address for you in our records (if any) or your last known address to us, if so it is deemed to have been delivered in the ordinary course of post, even if it never arrives, or
- it is sent by facsimile transmission, email or other electronic means to any number or address you give us.
We may serve court documents on you in the same way.