Taxi Owner Account Customer Service Agreement

Last updated: 19 July 2018

1. What this agreement is about

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 used under licence by CityLink Melbourne Limited ABN 65 070 810 678.

This Customer Service Agreement is the agreement between the Owner and us for the Owner's Taxis using CityLink and Eligible Toll Roads.

If a vehicle uses an Eligible Toll Road without being registered by us on the Linkt Register or exempt from the requirement to be registered, the driver of that vehicle may commit an offence under the Act.

We have a special arrangement for the exemption of Taxis from the requirement to be registered on the Linkt Register to use an Eligible Toll Road. To be exempt, the Taxi must:

  1. be registered on the Taxi Vehicle Register; and
  2. be driven by a person who is registered on the Taxi Driver Register.

The Taxi Driver Register and Taxi Vehicle Register are special registers maintained by us and are different from the Linkt Register.

The driver of an exempt Taxi will be primarily responsible for paying Tolls for the use of an Eligible Toll Road, and will have a Tag device linked to a Linkt Account with us.

The Owner of a Taxi will only have to pay Tolls where the driver's Tag device was not detected by us or another Eligible Toll Road operator (see clauses 4 and 5).

Please note that the term "Taxi Registration" when used in this agreement is not the same as the Owner's Taxis being registered with VicRoads or the Victorian Taxi Directorate. Taxi Registration means that the Taxi is registered on the Taxi Vehicle Register.

The Owner and us have rights and obligations under the Act and the law generally. These rights and obligations are separate and in addition to the operation of this agreement.

To check the meaning of any word or the amount of any fee or charge see the "Definitions" section. If the Owner has any questions about this agreement, the Taxi Registration of your Taxis, your Linkt Account or anything else, please contact us.

The Owner should carefully read this entire agreement.

2. What to do before using CityLink

2.1. When this agreement starts

This agreement starts when the Owner accepts this Customer Service Agreement in writing, orally or by conduct (e.g. by installing or keeping the Holders or by paying the initial Annual Account Fee).

If the Owner does not want to accept this Customer Service Agreement, the Owner must return the Holders to us as soon as possible.

2.2. What the Owner must do before using an Eligible Toll Road

The Owner must do the following things before allowing any of the Owner's Taxis to use an Eligible Toll Road:

  1. tell us the Owner's name and mailing address;
  2. tell us the Registration Number, make, model and year of each Taxi to be linked to the Linkt Account; and
  3. install a Holder in each Taxi in line with the instructions supplied with the Holder.

The Owner's Taxis must be registered on the Taxi Vehicle Register before the Owner allows any of the Owner's Taxis to use an Eligible Toll Road (see clause 2.3).

2.3. Taxi Registration of the Owner's Taxis

  1. We agree to register the Owner's Taxis on the Taxi Vehicle Register if the Owner does the things required by clause 2.2. We may register the Owner's Taxis notified to us under clause 2.2 (b) even if the Owner hasn't complied with clause 2.2. The registration of the Taxis on the Taxi Vehicle Register only takes effect when the Taxis are actually recorded as registered on the Taxi Vehicle Register by us.
  2. The Owner may check whether a Taxi is registered on the Taxi Vehicle Register by contacting us.
  3. If the registration of a Taxi on the Taxi Vehicle Register is suspended or cancelled, the Owner's Taxi will no longer be:
    • registered on the Taxi Vehicle Register; and
    • exempt under the Act from the requirement to be registered on the Linkt Register (see clause 13).

2.4. The Owner may link extra Taxis to the Linkt Account

The Owner may link extra Taxis to the Linkt Account. The Owner must give details of these Taxis to us including the Registration Number of each Taxi.

2.5. Sub-Accounts

The Owner may open Sub-Accounts by contacting us.

3. Tolling system

3.1. Removing the Holder

If the Owner needs to remove the Holder from the windscreen of any of the Nominated Taxis, the Owner must comply with any instructions provided by us.

3.2. Electronic tolling system

We will operate our electronic tolling system to detect Taxis which use CityLink by identifying the driver's Tag device or the Nominated Taxi linked to the Owner's Linkt Account.

Other Eligible Toll Road operators may operate electronic tolling systems to detect vehicles which use their toll roads by identifying the driver's Tag device or the Nominated Taxi linked to the Owner's Linkt Account. 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.

3.3. Responsibility for Nominated Taxis

  1. Although we may send a letter to the Billing Address to tell the Owner about certain events which affect the Taxi Registration of a Nominated Taxi, the Owner is responsible for making sure that the Taxi Registration of a Taxi is not suspended or cancelled.
  2. The Owner is responsible for payment of all Tolls and applicable fees incurred for Trips by all Nominated Taxis linked to the Linkt Account if an Eligible Toll Road operator does not detect a Tag device in the Taxi for that Trip.

4. When the Owner should contact us

4.1. When the Owner should make contact

The Owner should contact us as soon as possible when:

  1. a Nominated Taxi or the Number Plate of a Nominated Taxi is lost or stolen;
  2. the Owner wants to unlink a Nominated Taxi from the Linkt Account, changes the Registration Number of a Nominated Taxi which is linked to the Linkt Account, or wants to link another Taxi to the Linkt Account;
  3. the Owner changes Billing Address or other contact details (including the details of the Authorised Contact); or
  4. the Owner becomes aware of anything that may or will affect a payment under this agreement.

4.2. If the Owner does not make contact when required

  1. A Taxi may not be registered on the Taxi Vehicle Register if the Owner does not contact us as soon as the Owner becomes aware of anything that may or will affect a payment under this agreement and fixes the problem.
  2. We may debit Tolls to the Linkt Account in line with clause 5 when a Nominated Taxi is detected on CityLink if the Owner does not contact us when:
    • a Nominated Taxi or the number plate of a Nominated Taxi is lost or stolen; or
    • the Owner sells or changes a Nominated Taxi linked to the Linkt Account or changes the Registration Number of a Nominated Taxi.

5. Tolls

5.1. When will the Owner be charged Tolls?

  1. If a Nominated Taxi uses an Eligible Toll Road without a Tag device being detected in that Taxi or if a Tag is detected, but the Taxi Registration of the Nominated Taxi is suspended or cancelled, we may do one or more of the following:
    • request that the Owner identify the driver of the Nominated Taxi at the time of the relevant Trip;
    • charge the Owner Tolls for the relevant Trip on CityLink by the Nominated Taxi plus any applicable Administration Fee. The Tolls are set in line with the Act; or
    • issue a Toll Invoice to the Owner; or
    • request the police to issue an Infringement Notice to the Owner, which may result in the Owner receiving an Infringement Notice from the police.
  2. The Owner may check current prices by contacting the relevant Eligible Toll Road operator.
  3. 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.
  4. Even if the Owner is not issued with a Toll Invoice for the relevant Trip on CityLink by the Nominated Taxi, the Owner may be issued with a Toll Invoice for any travel on EastLink by the Nominated Taxi.

5.2. Debiting Tolls from the Linkt Account

  1. If the Owner is charged Tolls in line with clause 5.1(a), we will debit those Tolls and the total of the Administration Fees for the relevant Trips to the Linkt Account.
  2. We will debit Tolls to the Linkt Account:
    • regardless of who drove the Nominated Taxi at the time; and
    • whether or not the Owner authorised or was aware of the use of the Nominated Taxi; and
    • in circumstances where the Nominated Taxi has been registered by both the Owner and a driver, according to the most recent registration in time.

5.3. If a Nominated Taxi or its number plate is lost or stolen

  1. We will not debit Tolls to the Linkt Account when we detect a Nominated Taxi in a Toll Zone after the Owner has notified both the police and us that the Nominated Taxi has been stolen. We will resume debiting Tolls to the Linkt Account in line with clause 5.2 for that Nominated Taxi when the Owner tells us or we become aware, that the Owner has recovered the Nominated Taxi.
  2. We will not debit Tolls to the Linkt Account when we detect the number plate of the Nominated Taxi on a vehicle (which is not the Owner's Taxi) in a Toll Zone between the time that the Owner notifies both the police and us that the number plate has been stolen and the time that we become aware that the Owner has recovered the number plate.
  3. In any of the situations described in this clause 5.3, the Owner must provide us with a copy of any relevant police report, a statutory declaration or an insurance claim if we request it.

6. Annual Account Fee

  1. We will charge the Owner the Annual Account Fee as part of the first statement/invoice and on each anniversary of the Start Date.
  2. We may charge a further Annual Account Fee in the same way as clause 6(a) for each Sub-Account the Owner opens.

7. Security Deposits

7.1. Security Deposit

  1. We may require the Owner to pay a Security Deposit.
  2. The Owner must pay us the Security Deposit within 5 Business Days of receiving a request to do so by us.

7.2. Use of Security Deposit

  1. Security Deposits (and other deposits which are to be treated like a Security Deposit) will not be credited to the Linkt Account.
  2. We may use the Security Deposit (and other deposits which are to be treated like a Security Deposit) in part or full payment (at our discretion) of any amount the Owner owes us under this agreement.

8. Fees and payments which only apply in special circumstances

8.1. Late Payment Fee

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

8.2. 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.

8.3. Toll Administration Fee

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

8.4. 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.

9. Invoices

  1. As soon as practical after the end of each Payment Period (if there have been transactions on the Linkt Account during that Payment Period or there is any amount owed by the Owner), we will send the Owner a detailed account invoice.
  2. The Owner may choose to receive the invoice either in paper or electronic form.
  3. The invoice will state the Due Payment for that Payment Period.

All copies of your invoice can be accessed by logging into your account.

10. Payments

10.1. Payment

  1. Until the Start Date, we will not provide the Owner with credit for Tolls.
  2. After the Start Date, the Owner must pay the Due Payment on each Payment Date.
  3. The Due Payment must be paid by Automatic Payment.
  4. You must keep your Account Balance below $5,000 at all times. If your Account Balance is $5,000 or above, we will report your details to AUSTRAC in accordance with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).

10.2. When is a payment made?

  1. Payments are treated as made when they are received by us.
  2. We will receive an Automatic Payment when it is credited successfully to our Bank account.
  3. 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.
  4. If an Automatic Payment has failed or the Owner has made other payment arrangements with us, we will receive the Owner's payment:
    1. if by cash, manual credit or debit card, BPAY or EFTPOS, when the person making the payment:
      1. in person, is given a receipt for that payment; or
      2. by telephone, is given a receipt number for that payment; or
    2. if by cheque, when the proceeds of the cheque have been cleared.
  5. If a payment is not made successfully, we will debit the Dishonour Fee to the Linkt Account unless the unsuccessful payment is our or our Bank's fault.

10.3. Late or part payment

  1. 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.
  2. We may allocate any such payment against any money the Owner owes us as we think fit.

11. Questions, complaints and disputes

11.1. Questions

If the Owner has a question about us or the Taxi Registration of a Nominated Taxi, the Authorised Contact should contact us.

11.2. Complaints or disputes

  1. If the Owner has a complaint or dispute about the Taxi Registration of a Nominated Taxi or an amount debited, credited or not credited to the Owner's Linkt Account, the Authorised Contact should contact us. A customer service officer will:
    • if it is not possible to deal with the issue on the spot, agree a time to get back to the Owner; and
    • provide a response with reasons.
  2. If, after this first contact, the Owner believes that the dispute or complaint has not been properly addressed, the Owner has the right to have the issue reviewed by our Customer Resolutions team who will:
    • if it is not possible to deal with the issue on the spot, agree a time to get back to the Owner; and
    • provide a response with reasons.
  3. If the Owner is still not satisfied with the response, the Owner may take the complaint to the TCO Tolling Customer Ombudsman.

11.3. What happens to future payments?

  1. The Owner agrees that if the Owner wishes to dispute the Due Payment the Owner must notify us that there is a disagreement with the Due Payment within 60 days of the date of the statement/invoice, after which no claim or dispute can be raised.
  2. Where the Owner disputes the Due Payment, this does not affect the Owner's obligation to pay the Due Payment in line with clause 10.
  3. Despite clause 11.3(b), where the Owner disputes the Due Payment, we may (at our discretion):
    • credit the Linkt Account for all or part of the disputed amount; or
    • make other arrangements reasonably necessary to allow for the continued operation of the Linkt Account, until the dispute is resolved.

12. Changing this Customer Service Agreement and the fees

12.1. How we may change this Customer Service Agreement

We may change this agreement (including any amount, fee or deposit) by:

  1. publishing the changes on our website, the date from which they will apply, and how you may obtain a copy of them; or
  2. sending a copy of the changes to your Address no later than the next statement/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.

12.2. Tolls not affected

Clause 12.1 does not apply to Tolls which are determined in line with the Act, as described in clause 5.1.

13. Suspension or cancellation of the Taxi Registration of a Nominated Taxi

13.1. Method of suspension and cancellation

The method by which the Taxi Registration of a Taxi is suspended or cancelled is by us recording it as suspended or cancelled on the Taxi Vehicle Register or by removing the Taxi from the Taxi Vehicle Register. The suspension or cancellation takes effect when this occurs.

13.2. The Owner may request cancellation

We will cancel the Taxi Registration of a Nominated Taxi if the Owner requests us to do so.

13.3. When we may suspend the Taxi Registration of a Nominated Taxi

We may suspend the Taxi Registration of any or all Nominated Taxis if:

  1. payment of the Due Payment is not made by the Payment Date in line with clause 10;
  2. a Nominated Taxi or the number plate of a Nominated Taxi is reported as lost or stolen to both the police and us;
  3. the Owner does not pay a Security Deposit for each Taxi linked to the Linkt Account within 5 Business Days of receiving a request to pay a Security Deposit;
  4. we consider that the Owner has not told us of a change of a Nominated Taxi or the Owner has not told us of a change of the Registration Number of a Nominated Taxi;
  5. we are required to do so by law;
  6. the Owner does not comply with the terms and conditions of this agreement; or
  7. for any other reason, we reasonably consider that suspension of the Taxi Registration of the Nominated Taxi is necessary.

13.4. When we may cancel the Taxi Registration of a Nominated Taxi

We may cancel the Taxi Registration of any or all Nominated Taxis if:

  1. a Nominated Taxi ceases to be a Taxi;
  2. payment of the Due Payment is not made by the Payment Date in line with clause 10
  3. the Taxi Registration of a Nominated Taxi is suspended for more than 1 month or on repeated occasions;
  4. the Owner becomes bankrupt or appears likely to become bankrupt;
  5. the Owner becomes insolvent or has a receiver, manager, administrator or liquidator appointed, or appears likely to do so;
  6. the Owner is a company and:
    1. passes a resolution for winding up;
    2. an application is made for winding up and:
      1. is not dismissed or withdrawn within 30 Business Days; or
      2. an order is made for the company's winding up; or
    3. enters into an arrangement, composition or compromise with any creditors;
  7. we consider that a material adverse change has occurred in the Owner's credit rating;
  8. we are required to do so by law;
  9. we revoke the exemption described in clause 1; or
  10. for any other reason, we reasonably consider that cancellation of the Taxi Registration of any or all of the Nominated Taxis is necessary.

13.5. Notice of suspension or cancellation

We may notify the Owner of suspension or cancellation by giving notice in any way allowed under this agreement.

13.6. Use of CityLink after suspension or cancellation of the Taxi Registration of a Nominated Taxi

  1. If the Owner wishes the Owner's Taxi to use an Eligible Toll Road after the Taxi Registration of the Taxi has been suspended or cancelled, the Owner must first contact us and ask us to re-register the Taxi on the Taxi Vehicle Register.
  2. If the Owner does not re-register the Taxi, and the Taxi is detected on an Eligible Toll Road after the Taxi Registration of the Taxi has been suspended or cancelled, the Taxi will not have a valid arrangement to make Trips and the driver of that Taxi may commit an offence under the Act and the Taxi Owner may receive a Toll Invoice or, if the Toll Invoice remains unpaid, an Infringement Notice.

13.7. Re-registering a Taxi after suspension

If the Taxi Registration of a Taxi is suspended, we will re-register the Taxi if the Owner:

  1. fixes the problem which caused the suspension to our satisfaction; and
  2. asks us to re-register the Taxi on the Taxi Vehicle Register.

13.8. What happens when the Taxi Registration of all Nominated Taxis is cancelled?

  1. If the Taxi Registration of all Nominated Taxis linked to the Linkt Account is cancelled, then within 10 Business Days of receiving notice of that cancellation, the Owner must pay any debit Linkt Account Balance and any other amount the Owner owes us.
  2. We will refund any Remaining Account Balance within 10 Business Days of the Owner completing its obligations under clause 13.8(a).

13.9. When this Agreement ends

  1. This agreement will end 20 Business Days after the Taxi Registration of all the Owner's Nominated Taxis is cancelled.
  2. The ending or cancellation of this agreement for any reason does not affect any rights that either the Owner or we have against each other which arose at or before the end or cancellation of this agreement.
  3. We may end this agreement at the expiration of the Initial Period for Taxis (as defined in the Concession Deed).

14. Liability

14.1. We do not accept 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 the Owner or any other person incurs arising directly or indirectly from the use of CityLink, the installation, use or removal of a Tag device or the Holder, or anything else in connection with this agreement.

Where liability cannot be excluded, any liability incurred by us in relation to the use of CityLink, the installation, use or removal of a Tag device or the Holder or anything else in connection with this agreement is limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

14.2. Compliance with all laws

  1. This agreement does not affect any rights, liabilities and responsibilities arising at law, unless otherwise provided under this agreement.
  2. The Owner must comply with the law when using CityLink.

15. General

15.1. Ownership of the Tag and licence to use it

The Owner does not own any Tag linked to the Account or provided to the Owner. We will license you to use the Tag linked to the Account in line with this Agreement.

The Owner must return the Tag to us within 10 Business Days after we ask you to return it or after we have cancelled the Taxi Vehicle Registration of your Nominated Taxis.

15.2. This agreement is the entire agreement

  1. This agreement is the full agreement between the Owner and us about the Taxi Registration of the Nominated Taxis, the Linkt Account and other matters covered by this agreement. The only enforceable obligations and liabilities of the Owner and us about the subject matter are those arising out of the provisions of this agreement or at law.
  2. This agreement replaces all previous representations, communications and agreements on the subject matter.

15.3. Notices

  1. Notices to the Owner (which include any written communication or statement/invoice) may be:
    • given personally to the Authorised Contact;
    • left at the Owner's Billing Address;
    • sent to the Owner's Billing Address;
    • sent by fax to the fax number last notified to us;
    • given in any of the ways described in section 73E(1)(b) of the Act; or
    • given in any way the law allows.
  2. A notice given to the Owner is taken to be also given to the Authorised Contact and drivers and owners of the Owner's Nominated Taxis.
  3. Notices to us may be:
    • sent to us;
    • sent by fax to us; or
    • given in any way the law allows.
  4. The contact details of the EastLink Customer Centre can be found at eastlink.com.au.
  5. Notices take effect from the time they are received unless a later time is specified.
  6. Notices by any of the ways described in section 73E(1)(b) of the Act are taken to be received as described in section 73E(2) of the Act.
  7. 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 delivered personally or left at the Owners 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.
  8. Where we agree to send the Owner a notice under this agreement, we will not be in breach of this agreement if that notice is not delivered to the Owner or is not delivered to the Owner in a readable form for reasons that we cannot control.

For any general enquiries please contact us.

15.4. If any part of this agreement is illegal or unenforceable it will not apply

  1. 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.
  2. Despite clause 15.4(a), if a provision of this agreement is still invalid, voidable or not enforceable:
    • if the provision would not be invalid, voidable or not enforceable if a word or words were deleted, that word or those words will be deleted; and
    • in any other case, the whole provision will be deleted, and the rest of this agreement will continue to be fully enforceable.

15.5. Interest

The Owner will not earn interest on any credit Linkt Account Balance or amount the Owner pays us under this agreement.

15.6. Waiving breaches of this agreement

  1. 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.
  2. 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.
  3. A right of ours created under this agreement may only be waived by us in writing signed by us.

15.7. Representations and warranties

The Owner represents and warrants to us that the Owner:

  • has the power, authority and capacity to enter into this agreement with us; and
  • the users of all vehicles linked to your Linkt Account have consented to you being provided with information regarding their use of those vehicles.

15.8. Consent to use and disclose information

The Owner consents to us using or disclosing any information (including personal information) that the Owner provides 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 Transurban Privacy Policy.

The Owner consents to any information (including personal information) about its Account and any information provided to us, being disclosed by us to credit reporting bodies or to debt collection agencies where the Owner is in payment default as outlined in our Transurban Credit Reporting Policy.

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

The Owner consents to us disclosing any information otherwise required by law (legislation or court order).

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

If the Owner provides us with an email address or mobile phone number, the Owner consents to us using those contact details to send traffic updates and other notices relevant to the Owner's use of CityLink and any other Eligible Toll Roads. The Owner can ask not to receive such communications at any time.

15.9. Recovery of costs

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

16. Interpretation

In this agreement unless the contrary intention appears:

  1. a reference to this agreement includes any variation to it;
  2. the singular includes the plural and the plural includes the singular;
  3. a reference to a 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 agreement must not be interpreted against us just because it prepared the agreement;
  7. a reference to any legislation or subordinate legislation includes any future modifications or changes;
  8. headings in this agreement have been inserted for convenience and do not affect the interpretation of this agreement; and
  9. this agreement and the transactions contemplated by this agreement are governed by Victorian law.

17. Definitions

Term Definition
Account Your Linkt account including any Sub-Account, Tags and Nominated Vehicles linked to the account.
Act The Melbourne City Link Act 1995 (Vic) as substituted, amended or varied from time to time.
Authorised Contact The Owner's authorised representative as notified to us by the Owner.
Automatic Payment A standing authorisation given by the Owner to us over a credit card account or other account held by the Owner 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 the Owner.
Business Day Any day which is not a Saturday, Sunday or public holiday in Melbourne.
CityLink The Link road and Extension road as defined in the Melbourne City Link Act 1995 (Vic) and any part of those roads.
Concession Deed Has the meaning given to ‘the Agreement' in the Act.
Due Payment In respect of any Payment Period, the amount stated in the statement/invoice for that Payment Period as the total of the Linkt Account Balance and any other amount that the Owner owes us as at the end of that Payment Period.
EastLink Means EastLink as defined in the EastLink Project Act 2004 (Vic) and any part of that road.
EastLink Customer Centre Means the EastLink Customer Centre and the retail shops as specified in the EastLink website.
Eligible Toll Road CityLink, EastLink and those Australian roads, bridges, tunnels or locations on which a toll is levied for the passage of vehicles and for which the Owner can use their account to pay that toll. For further details, please refer to our website.
Holder The device which will be attached to the Owner's Nominated Taxis' windscreens to hold Tag devices.
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.
Linkt Account The Owner's Linkt Account with us. References to the Linkt Account appearing in this agreement include any Sub-Accounts.
Linkt Account Balance The total of all Tolls, fees, taxes and charges which we have debited to the Linkt Account since the end of the last Payment Period (or for the First Payment Period, since the Start Date) and any other amounts which the Owner owes us which have not been paid by the Owner.
Linkt Register The register of vehicles established and maintained by us under section 73A of the Act.
Nominated Taxi A Taxi which is registered on the Taxi Register (as identified by the Taxi's Registration Number, make, model and year) and is linked to the Linkt Account.
Number Plate The physical plate which contains the vehicle's Registration Number.
Owner The company, entity, person or person acting on behalf of the company or entity who has opened the Linkt Account with us.
Payment Date The date 14 days after the end of a Payment Period.
Payment Period

The period agreed between us and the Owner for the billing of the Linkt 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 Start Date.

Registration Number The combination of numbers, letters, or numbers and letters on the number plate of each Nominated Taxi, as assigned to that Taxi by the relevant authority (e.g. VicRoads or the Victorian Taxi Directorate).
Remaining Account Balance

The total of any:

  • credit Linkt Account Balance;
  • Security Deposit; and
  • other amounts which are treated like a Security Deposit, the Owner has left after all outstanding fees, taxes, Tolls, charges and any other amounts the Owner owes us are deducted.
Start Date

The later of:

  • the date that the Linkt Account is opened; and
  • 3 January 2000.

Note: We cannot open the Linkt Account until the Owner provides all the information that we need to do so.

Sub-Account A sub-account which the Owner may open with us for convenience in managing the Owner's business.
Tag Each transponder owned by us and licensed to a driver of a Taxi.
Taxi A vehicle which is the subject of a commercial passenger vehicle licence to operate as a taxi cab issued under the Transport Act 1983 (Vic).
Taxi Driver Register The register of Taxi drivers established and maintained by us.
Taxi Vehicle Registration The register of Taxis established and maintained by us.
Taxi Registration The registration by us of the Owner's Taxis on the Taxi Vehicle Register.
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.
Toll Zone A part of CityLink specified to be a toll zone under the Act.
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.

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

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 other Eligible Toll Roads, a Trip will be defined by each respective Eligible Toll Road operator.
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.

Amounts, Fees and Charges

Name Description Amount, Fee or Charge (inclusive of GST where applicable)
Administration Fee This is the amount that we will charge the Owner for each Trip where the Owner is unable to identify the driver of a Nominated Taxi, to cover our administrative costs. $2 per trip.
Annual Account Fee This is the amount the Owner must pay us to open and maintain a Linkt Account. See clause 6 for details on how this fee will be charged. $71.50 per annum.
Payment Card Surcharge This is the amount that we may add to a payment to your Account, when you make a payment by an accepted credit card or debit card.

If you make a payment by an accepted credit card or debit card we are charged a merchant service fee by our financial institution. The current Payment Card Surcharge rates are available in the fees table for your product.

Dishonour Fee This is the amount the Owner must pay if a payment is unsuccessfully 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 the Owner's unsuccessful payment.
Late Payment Fee This is the amount the Owner must pay if any amount the Owner owes us is more than 5 days late. $5.50 plus 1.5% of the payment amount which was not paid on time.
Security Deposit We may require the Owner to pay this amount as security. $50 per Taxi linked or proposed to be linked to the Linkt Account.