Commercial Account Customer Service Agreement

Effective from: 7 July 2022

Jump to: 

1. Your agreement with Us
2. What to do before using CityLink and Eligible Toll Roads
3. Use and disclosure of your information
4. Travel with or without a Tag
5. How tolling works
6. When You should contact Us
7. Charging Tolls to Your Account
8. Annual Account Fee
9. Security
10. Additional fees and payments
11. Invoices
12. When is a payment made?
13. Questions, complaints and disputes
14. Changing this agreement
15. Suspension or cancellation
16. When this agreement ends
17. Liability
18. General
19. Online Services
20. Interpretation
21. Definitions
22. Amounts, Fees and Charges

 


1. Your agreement with Us

This service is provided by CityLink Melbourne Limited ABN 65 070 810 678 under the brand, Linkt.

Linkt and Linkt Melbourne are trade marks of Transurban Limited ABN 96 098 143 410 used under licence by CityLink Melbourne Limited ABN 65 070 810 678.

This agreement details Your rights and obligations for use of CityLink and, in some circumstances, Eligible Toll Roads. The agreement begins when You accept the agreement by:

  1. accepting it in writing;
  2. keeping the Tag device(s);
  3. by completing the "open an Account" process on Our website or app;
  4. accepting the agreement orally; or
  5. conduct (e.g. by contacting Us to open an Account).

Taxi driver & owners

The Commercial Account (and Prepaid Account) are the only eligible accounts for Victorian Taxi drivers / owners who travel on CityLink and Eligible Toll Roads. The Commercial Account is designed to identify eligible Taxi drivers / owners and allow for access to Melbourne Airport. Taxi drivers / owners in Victoria can consider a Prepaid Account or Commercial Account depending on their needs. 

You are responsible for Your registration as a Taxi driver / owner with Linkt. For any new customers, this will be captured as part of the sign-up process. If We have established that You are a Taxi driver / owner, You will be registered as such by Linkt. This means Your Account will be identified as a Taxi when travelling on CityLink, other Eligible Toll Roads and through Melbourne Airport to ensure Your Account is charged the correct Tolls and any applicable Melbourne Airport access fees.

Additional requirements for Taxi drivers / owners

In addition to the above registration requirements, as a Commercial Account Customer who is identified as a Taxi, You will be required to:

  1. have a Tag linked to Your Commercial Account that You use for a Taxi (to ensure You are charged the correct Tolls and can gain access to Melbourne Airport;
  2. not use Your Tag in a vehicle other than a Taxi; and
  3. not add vehicles other than Taxis to this Account (if You have vehicles other than Taxis, You will need to open another Account).

If You are not a Taxi driver or owner, then this clause does not apply to You.

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2. What to do before using CityLink and Eligible Toll Roads

You must do the following things before using CityLink and Eligible Toll Roads:

  1. complete the Application Form and provide all details required by Us (i.e. such as a business address, telephone number and email address);
  2. complete a credit check (if required);
  3. provide the Registration Numbers, make and model and/or Class of all the vehicles to be linked to the Account;
  4. tell Us if You are a Taxi driver or owner; and
  5. tell Us whether You would like to travel with or without a Tag. If You elect to travel with a Tag, make sure that the Tags linked to the Account have been allocated to the correct vehicles.

Receipt of Tags

You must install each Tag in the vehicle in line with the instructions supplied with the Tag.

Linkt Registration of the Customer's Vehicle

We agree to register Your vehicles on the Linkt Register if You comply with this agreement.

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

On a Commercial Account, a Tag can only be allocated to one vehicle at a time. If another vehicle is required to use the Tag, then We must be notified of the new vehicle details and Tag allocation.

Although We will take reasonable steps to contact You using the contact details provided and signal Your Tag to beep to inform You about certain events which affect the Linkt Registration of Your vehicle, You are responsible for making sure that the Linkt Registration of Your vehicle or any vehicle that You drive on CityLink or any other Eligible Toll Road is current and not suspended or cancelled.

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

You may link extra Nominated Vehicles to the Account

If You wish to link an extra vehicle or an extra 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.

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3. 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 CityLink and other 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 CityLink or other 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.

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4. Travel with or without a Tag

You can elect to:

  1. use a Tag so Your Trips can be identified by Our tolling system; or
  2. travel without a Tag, in which case We will detect Your Trips via Your Vehicle Registration Number.

You can manage Your Tag preferences through Your Linkt Account. Please refer to clause 5 to understand the requirements for each option.

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5. How tolling works

Travelling with a Tag

If You have elected to use a Tag, You must:

  1. install and use each Tag in line with the instructions supplied with the Tag; and
  2. only use each Tag in a Nominated Vehicle of the same Class as the Tag (i.e. a car Tag may only be used in a car, a light commercial vehicle Tag may only be used in a light commercial vehicle, and a heavy commercial Tag may only be used in a heavy commercial vehicle).
  3. Keep each Tag in good condition; and
  4. Promptly return a Tag to Us when requested by Us.

If You have a Tag, each time Your vehicle fitted with Your Tag passes through a Toll Zone, Your Tag should "beep".

  1. One beep indicates that everything is operating normally
  2. 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.
  3. Three beeps (one beep, followed by two short beeps) means your Account is overdue (if You are a Manual Payment customer), or your Automatic Payment facility may have failed (if You are an Automatic Payment customer).
  4. Four beeps indicates that the Linkt Registration of Your 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 contact Us as soon as possible if you experience any Tag issues, or if Your Tag is lost, stolen or damaged.

Without a Tag

If You have elected to travel without a Tag, We will use video matching technology to identify Your Trips and charge the relevant Tolls and the Video Matching Fee to Your Account which may be based on Your Linkt Registration or the observed Class of Your vehicle.

Travel on CityLink

We will operate the CityLink electronic tolling system to detect vehicles that make Trips on CityLink by identifying Your Tag or the vehicle's Registration Number. We will charge the relevant CityLink Tolls and any applicable Video Matching Fee to Your Account which may be based on Your Tag, Your Linkt 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 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.

Motorcycles

Motorcycles are not required to carry a Tag. Motorcycle Trips are video tolled and do not incur Video Matching Fees on CityLink.

Responsibility for Tags and Nominated Vehicles

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

You are responsible for the performance of this agreement by any employee or other person who uses a Nominated Vehicle or a Tag linked to the 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.

Where a Tag linked to the Account is detected on CityLink or an Eligible Toll Road, We need not ask which vehicle the 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 on Your Nominated Vehicle must conform to the relevant regulations of the relevant registration authority (e.g. Department of Transport, also known as VicRoads). Vehicles other than Motorcycles must display both front and rear Number Plates. Motorcycles are required to display rear Number Plates. You are responsible for making sure that the Linkt Registration of Your vehicle or any vehicle that You drive on CityLink or Eligible Toll Road is current, and not suspended or cancelled.

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6. When You should contact Us

You should also contact Us as soon as possible if:

  1. Your Tag is lost, stolen or damaged or if you are experiencing any Tag issues (see clause 5 for more information);
  2. Your Nominated Vehicle or Number Plate is lost or stolen;
  3. 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;
  4. You wish to transfer a Tag from one vehicle to another within Your fleet;
  5. You change Billing Address or other contact details (including the details of the Authorised Customer Contact);
  6. You become aware of anything that may or will affect a payment under this agreement;
  7. Your Nominated Vehicle is modified after it is registered; or
  8. You are unsure whether Your vehicle is registered in the correct Class.

If You do not make contact when required

To avoid having Your Account suspended or a 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 by contacting Us.

If Your Nominated Vehicle or Tag is lost or stolen

We will not charge Tolls to Your Account if after You have notified both the police and Us that:

  1. Your Nominated Vehicle has been stolen, We detect that Nominated Vehicle driving through a Toll Zone;
  2. Your Tag has been lost or stolen, We detect that Tag in a Toll Zone;
  3. 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 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.

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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, Tags or the Number Plate of a Nominated Vehicle in a Toll Zone or on an Eligible Toll Road.

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

When opening account or adding a vehicle to Your account, You can cover recent trips made with Your Nominated Vehicle by selecting a date up to 9 days ago. This applies to trips made on all toll roads in Melbourne, Sydney and Queensland, except for Eastlink (VIC), and the Sydney Harbour Bridge and Tunnel (NSW). Please make sure You have a valid arrangement in place before You travel on Eastlink and Sydney Harbour Bridge and Tunnel as Your Linkt account cannot cover past travel made on these toll roads. Learn more about covering past trips here.

If a Nominated Vehicle is also linked to another Account, and that vehicle is detected on CityLink without a 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.

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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 Tags or Nominated Vehicles.

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

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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.

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10. Additional fees and payments

If You use CityLink and other Eligible Toll Roads without Your Tag being detected

For each Trip that Your Nominated Vehicle is detected using CityLinkor other Eligible Toll Roads without Your Tag being detected, We may, as well as charging You Tolls, debit a Video Matching Fee to Your Account, unless We are responsible for the failure to detect Your Tag.

Motorcycles are not required to carry a Tag. Motorcycle Trips are video tolled and do not incur Video Matching Fees on CityLink.

If You use CityLink and other Eligible Toll Roads in a Nominated Vehicle with a different Class

If a person uses CityLink or other Eligible Toll Roads in a Nominated Vehicle or with a 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.

Tag Non-Return Fee

You must pay Us the Tag Non-Return Fee if Your Tag is lost, damaged, stolen, 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 this Account to any other Linkt Account You may have.

If You have an outstanding Account Balance from another Linkt Account, We may credit or debit that amount to this 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.

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 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.

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11. Invoices

As soon as practical after the end of each Payment Period, We will issue You an invoice detailing transactions during the period. The default method is to receive an electronic invoice, however, You may choose to receive paper invoices by post.

Electronic 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 previously-issued detailed invoice, You can download a copy from Our website.

Paper invoices

If You require a paper copy of Your monthly detailed invoice to be sent to Your nominated postal address each month, You must pay Us a Detailed Invoice Fee for each detailed invoice We issue and send to You.

The Business Primary Contact is responsible for nominating an Invoice Contact and nominated postal address and for keeping this information accurate on the Account.

One-off detailed invoice

If You require Us to:

  1. issue a one-off detailed invoice, being an invoice for a specific period outside of the Payment Period; or
  2. post a paper copy of a previously-issued invoice,

You must pay Us a One-off Detailed Invoice Fee.

You may choose to receive the one-off detailed invoice in paper or electronically.

Electronic invoices
Detailed invoice for the Payment Period Free
Paper Invoices
Detailed invoice for the Payment Period Detailed Invoice Fee
One-off Detailed Invoice
One-off detailed invoice 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.

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12. 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 or debit 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
    • through Our website or app, is given a reference number for that payment.

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.

If a payment is not made successfully, We may debit the Dishonour Fee to Your Account (e.g. if 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 at $4,999 or below at all times. If your Account Balance reaches $5,000 or above, we will immediately contact you and will refund you the amount required to bring your Account Balance to below $5,000.

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13. Questions, complaints and disputes

If You have a dispute or wish to make a complaint about the Linkt Registration of Your vehicle 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 TCO 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.

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.

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14. Changing this agreement

We may change any of the terms of this agreement by publishing the changes or a new agreement at linkt.com.au/melbourne. We will take reasonable steps to notify You beforehand of any material changes to the terms of this agreement via the contact 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 15).

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 are determined in line with the relevant legislation and are published to the linkt.com.au/melbourne website at least 10 business days before the change to the Tolls comes into effect.

A change to the Video Matching Fee is not a change to this agreement and therefore this clause does not apply. The Video Matching Fee for Trips on CityLink is determined by Us and will be published to the linkt.com.au/melbourne website at least 10 business days before the change to the Video Matching Fee for Trips on CityLink comes into effect. The Video Matching Fee for Trips on EastLink is determined by ConnectEast Pty Ltd.

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15. Suspension or cancellation

If Trips are made by vehicles that are suspended or cancelled from the Linkt 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 Linkt Registration of Your vehicle 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 all Your Nominated Vehicles if:

  1. Your Account, or another Account You hold with Us, has not been paid within the required time period;
  2. You do not provide a Security Deposit for each Tag linked to Your Account within 5 Business Days of Us asking You to pay a Security Deposit;
  3. You become bankrupt or appears likely to become bankrupt;
  4. You become Insolvent or has a receiver, manager, administrator or liquidator appointed, or appears likely to do so;
  5. 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;
  6. We consider that a material adverse change has occurred in Your credit rating;
  7. We are required to do so by law;
  8. We were induced by fraudulent misrepresentation on the Customer's part in approving the Account application;
  9. We have determined that Your Account has been abandoned, due to prolonged inactivity on Your Account and where we have not detected Your Nominated Vehicle or Number Plate using CityLink or an Eligible Toll Road for a prolonged period, having made reasonable attempts to contact You using the contact details You have provided; or
  10. 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).

Notice prior to suspension or cancellation

If We have reason to suspend or cancel the Linkt Registration of Your vehicle, We will make reasonable attempts to contact You, via the contact details You have provided, prior to any such suspension or cancellation becomes effective.

Notice of suspension or cancellation when travelling with a Tag

If We have suspended or cancelled the Linkt Registration of Your vehicle, We will send a signal to Your Tag to give 4 beeps each time Your Tag device passes through a Toll Zone on CityLink. You agree that this is a reasonable method of notice for Us to use.

If We have suspended or cancelled the Linkt Registration of Your vehicle, We may try to notify You via the contact details You have provided.

Notice of suspension or cancellation when travelling without a Tag

If We have suspended or cancelled the Linkt Registration of Your vehicle, We will try to notify You via the contact details You have provided.

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 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 Linkt 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. 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:

  1. return all Tags to Us; and
  2. 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):

  1. 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);
  2. if We are unable to provide a refund in accordance with paragraph (i) above, We will mail a cheque for the Remaining Account Balance (payable to the account holder) to the address listed on Your Account; or
  3. if We are unable to provide a refund or cheque in accordance with paragraphs (i) and (ii) above and cannot reasonably contact You, We will hold the Remaining Account Balance for You for a period of 12 months, after which the Remaining Account Balance will be considered and dealt with as “unclaimed money” in accordance with our obligations at law.

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16. When this agreement ends

This agreement will end 20 Business Days after the Linkt 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.

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17. 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 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 CityLink or any Eligible Toll Road, Your installation, use or removal of the Tag or the Holder or this agreement is limited to the extent provided for by the ACL.

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18. General

Ownership of the Tag and licence to use it

You do not own any Tag linked to Your Account or provided to You. We will license You to use the Tag linked to Your Account in line with this agreement.

You must return the 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 Linkt Registration of Your Nominated Vehicles.

This agreement is the entire agreement

This agreement is the entire agreement about the Linkt Registration of Your Nominated Vehicle, Your Account, Tag and the other matters covered by this agreement.

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 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 Tag beeps each time Your 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 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;
  • by e-mail to Our e-mail address.

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 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 4 pm 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 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 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 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.

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19. 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.

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20. Interpretation

In this agreement unless the contrary intention appears:

  1. a reference to this contract includes any variation to it;
  2. the singular includes the plural and the plural includes the singular;
  3. person includes a firm, a body corporate, an unincorporated association or an authority;
  4. an obligation imposed on 2 or more parties binds them jointly and severally;
  5. a reference to a time or date is a reference to that time or date in Melbourne;
  6. a provision of this contract must not be interpreted against Us just because it prepared the contract;
  7. a reference to any legislation or subordinate legislation includes any future modifications or changes;
  8. headings in this contract have been inserted for convenience and do not affect the interpretation of this contract; and
  9. this contract and the transactions contemplated by this contract are governed by Victorian Law.

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21. Definitions

Term Definition

Account

Your Linkt Account including any Sub-Accounts, 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 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/debit 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 Us 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.

Class

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

Concession Deed

Has the meaning given to 'the Agreement' in the Act.

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.

Holder

The device which will be attached to the windscreen to hold the 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.

Insolvent

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 Us as being the person to receive invoices for the Account.

Linkt Register

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

Linkt Registration

The registration by Us of Your vehicle (including Taxis) on the Linkt Register.

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 Linkt 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 Us 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 Tags.

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 Tags linked to the Account on or before this date. The Start Date for any other Tag is the date on which that Tag is linked to the Account.

 

Sub-Account

A sub-Account which You may open with Us for convenience in managing Your business.

Tag

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

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 Us or another Eligible Toll Road operator and may include Tolls and Toll Administration Fees.

TCO Tolling Customer Ombudsman

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

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. 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.

Toll Zone

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

Transurban Credit Reporting Policy

The Transurban Credit Reporting Policy available from Our website.

Transurban Privacy Policy

The Transurban Privacy Policy available from Our website.

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.

We, Our or Us

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

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22. Amounts, Fees and Charges

Fees and charges applicable to Your Account are detailed on the Commercial Account fees page.

Please note that these fees exclude toll pricing. View current toll costs.

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