Last updated on 27 November 2018
This service is provided by Tollaust Pty Ltd ABN 37 050 538 693 under the brand, Linkt.
Linkt and Linkt Sydney are trade marks of Transurban Limited used under licence by Tollaust Pty Ltd ABN 37 050 538 693.
This agreement details the Client's rights and obligations for use of Eligible Toll Roads.
This agreement begins when the Client accepts this agreement by:
If the Client does not want to accept this agreement, the Client must return the Tag(s) to us as soon as possible without opening the seal of the Tag packs. We will refund any money that the Client has paid for the Tag(s) that are returned to us.
The Client must provide us with details of each of the Client's vehicles it wishes to have linked to the Account before using that vehicle on any Eligible Toll Road or up to 3 days after using that vehicle on any Eligible Toll Road. Each vehicle that is linked to the Account will be placed on the Linkt Register.
We will register the Client's vehicles on the Linkt Register when the Client provides us with all the information we need as well as any payment required under this agreement. The vehicle information needed includes the State and Number Plate Details of each vehicle and Class of each vehicle. Linkt Registration only occurs when a vehicle is recorded as registered on the Linkt Register by us.
If the Linkt Registration of any of the Nominated Vehicles is suspended or cancelled (e.g. for non-payment) that Nominated Vehicle will no longer be registered on the Linkt Register.
The Client must link at least one Tag and at least one vehicle to the Account.
If the Client requests that we link a vehicle to the Client's Account after a Toll Notice has been issued in respect of that vehicle, we will debit to the Client's Account both the toll payable and a Toll Notice Transfer Fee or Toll Administration Fee (as applicable).
The Client must:
The Client may specify one Nominated Vehicle as the preferred vehicle for each Tag linked to the Account.
The Client may advise us of the Client's choice of each preferred Nominated Vehicle.
Eligible Toll Road operators use electronic tolling systems to detect vehicles that make Trips on Eligible Toll Roads by identifying the Client's Tag or the Nominated Vehicle's Number Plate Details. When Trips are made on Eligible Toll Roads using any of the Client's Tags or Nominated Vehicles, the Eligible Toll Road operator (or the operator's preferred tag service provider) may send Trip data and the relevant tolls to us so we can charge those tolls (and any applicable Fees) to the Account.
If the Nominated Vehicle is detected on Eligible Toll Roads without a Tag you may be charged the No Tag In Vehicle Fee to the Account in addition to the relevant toll for that Trip.
Any questions regarding any tolls (and any applicable Fees) charged on a particular Eligible Toll Road should, in the first instance, be referred to:
The Client is responsible for all Nominated Vehicles and Tags linked to the Account and for making sure all Nominated Vehicles and Tags are used in accordance with this agreement. The Client must procure, and is responsible for, the performance of and compliance with this agreement by any employee or other person who uses a Nominated Vehicle or a Tag linked to the Account.
Although we may communicate with the Client or signal the Client's Tags to beep to inform the Client about certain events that affect the Linkt Registration of the Client's Nominated Vehicles, the Client is responsible for making sure that the Linkt Registration of each of the Client's Nominated Vehicles is not suspended or cancelled.
The Client must ensure that no objects are attached to the Tag, other than the Tag Holder.
Each time any of the Client's Nominated Vehicles fitted with one of the Client's Tags passes an Electronic Toll Point, the Tag should make a sound, known as a beep.
One beep indicates that everything is operating normally.
No beep indicates that there is likely to be a problem with the Tag. The Trip may be completed, but the Client must contact us before using any Eligible Toll Road again.
Four beeps indicate that the Linkt Registration of a Nominated Vehicle has been suspended or cancelled. The Client may receive a Toll Notice or a penalty notice and be liable for a fine. The Client must contact us before using any Eligible Toll Road again.
The Client should contact us as soon as possible when:
A Nominated Vehicle may be suspended from the Linkt Register if the Client does not contact us as soon as the Client becomes aware of anything that may or will affect a payment under this agreement.
The Client will not be charged tolls to the Account if, after the Client has notified both the police and us that:
Tolls will be charged to the Account when the Client notifies us, or we become aware, that the Client has recovered the stolen Nominated Vehicle, lost or stolen Tag, or stolen number plate.
The Client must provide a copy of any relevant police report (including a Police Event Number), a statutory declaration or an insurance claim if we request it.
If the Client uses any Eligible Toll Road in a vehicle with a Tag that is not the same Class as that vehicle, we may charge the appropriate tolls for the Class of vehicle used, and the No Tag In Vehicle Fee to the Account.
The Client does not own any Tag at any time. We license the Client to use the Tag linked to the Account on the terms of this agreement.
The Client must choose whether to pay the Tag Deposit or the Tag Monthly Fee for each Tag.
The Client must return the Tag to us within 10 Business Days after we ask the Customer to return it, or within 5 Business Days after we ask the Customer to return it if we have cancelled the Linkt Registration of a Nominated Vehicle, otherwise you will be liable to pay a Tag Non-Return Fee. You must not sell the Tag or the right to use it, but you may permit others to use it (subject to the terms of this agreement).
The Client will also be liable to pay a Tag Non-Return Fee if the Tag is lost, damaged, destroyed or made faulty by the Client or any other company, person or entity that the Client has allowed to use the Tag.
The Client will be charged tolls to the Account for each Trip taken by your Nominated Vehicle when one or more of a Nominated Vehicle, Tag or the Number Plate Details of a Nominated Vehicle is detected at an Electronic Toll Point, subject to clause 20.
If a Nominated Vehicle is also linked to another Account, and that Nominated Vehicle is detected on any Eligible Toll Road without a Tag, we may choose which Account will be charged the tolls and No Tag In Vehicle Fee for that Trip.
For each Account that the Client opens, we will charge the Client the Monthly Account Fee every month.
If we ask the Client to pay a Security Deposit it must be paid within 5 Business Days of receiving a request to do so.
Security Deposits (and other deposits or amounts which are to be treated like a Security Deposit) will not be credited to the Account.
We may use the Security Deposit (and other deposits or amounts which are to be treated like a Security Deposit) in part or full payment (at our discretion) of any amount owed to us under this agreement.
As soon as practical after the end of each Payment Period, we will send the Client an invoice detailing transactions during the period.
The Client may choose to receive invoices in paper or electronic form.
Each invoice will show the Due Payment and the Payment Date for that Payment Period.
If the Client has a Standing Authorisation Account, the Due Payment must be paid by Automatic Payment. If the Client has any other type of Account (i.e. not a Standing Authorisation Account) the Due Payment must be paid by the Payment Date.
The Client must pay each Due Payment by the Payment Date.
If the Client has a Standing Authorisation Account the Due Payment must be made by Automatic Monthly Payment.
If the Client pays the Due Payment by an accepted credit card or debit card, the Client may be charged a Payment Card Surcharge on the amount paid.
Payments are made to the Account when we receive them.
If the Client has a Standing Authorisation Account, we will receive the Automatic Monthly Payment when it is credited successfully to our Bank account.
If the Client does not have a Standing Authorisation Account, or if an Automatic Monthly Payment has failed or the Client has made other payment arrangements with us, we will receive the Client's payments:
If a payment is not made successfully, we may charge a Late Payment Fee to the Account 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 use any late or part payment to repay any money the Client owes us.
The Client must pay us an amount equal to any costs (including legal costs) incurred by us for recovering a debt from the Client.
Failure to make a payment to us due under this agreement may result in the Account being suspended or cancelled.
If the Client continues to travel on Eligible Toll Roads when the Linkt Registration is suspended or cancelled, the Client may be issued with a Toll Notice or a penalty notice and be liable for a fine. The Client agrees to pay any tolls and Toll Administration Fee that the Toll Notice requires the Client to pay in accordance with the requirements of that Toll Notice.
We may charge any Fee, tax, charge or amount to the Account as long as the Client has agreed to pay or the Client owes that Fee, tax, charge or amount to us under this agreement.
We may use amounts in the Account to pay any toll, Fee, tax, charge or amount that the Client owes to us, in any way we reasonably decide.
The Client should contact us to raise a dispute or make a complaint about the Linkt Registration of a Nominated Vehicle or a payment or an amount debited, credited or not credited to the Account. A customer service officer will provide a response with reasons as soon as possible.
If the Client believes the dispute or complaint has not been properly addressed, the issue may be viewed by the customer resolutions group.
If the Client is not satisfied with the response, the complaint may be taken to the Tolling Customer Ombudsman.
Unless the Client tells us that the Client disagrees with the Account Balance within 60 days of receipt, the Client will not be entitled to dispute the Account Balance recorded on the invoice. Where the Client disputes the Account Balance, until that dispute is resolved this agreement must be complied with as if the Account Balance recorded on the invoice was correct.
Where the Account Balance is disputed, we may (at our discretion):
We may change this agreement (including any amount, Fee or deposit) and may assign or novate this agreement to another party by:
(except when the changes either reduce Fees or are as a result of changes in taxes, in which case this is not required).
Changes to this agreement will apply from the date stated on our website or in the copy of the changes.
If Trips are made by vehicles that are suspended or cancelled from the Linkt Register and without any other arrangement, the Client will not have a valid arrangement in place. The Client or driver of the vehicle may commit an offence and may receive a Toll Notice or a penalty notice and be liable for a fine.
The Linkt Registration of any of the Client's vehicles is suspended or cancelled when we record it as suspended or cancelled on the Linkt Register or removes it from the Linkt Register.
We may suspend or cancel the Linkt Registration of any or all of the Client's Nominated Vehicles if:
We may suspend or cancel the Linkt Registration of any or all of your Nominated Vehicles if we reasonably believe your Account or any card linked to your Account or use of your Account:
We may suspend or cancel the Linkt Registration of any or all of your Nominated Vehicles 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.
If the Client wishes to use a vehicle (or allow a vehicle to be used) on any Eligible Toll Road after the Linkt Registration of that vehicle has been suspended, the Client must first contact us and re-register the vehicle on the Linkt Register.
Re-registration of a vehicle on the Linkt Register may require payment by the Client of any amounts owed by the Client to us and may take up to 48 hours following receipt by us of any such payment. If Trips are made by the vehicle during this 48 hour period, the vehicle may not have been re-registered on the Linkt Register and the Client or the driver of the vehicle may commit an offence and may receive a Toll Notice or a penalty notice and be liable for additional Fees or a fine.
Any toll incurred for a vehicle registered to the Account during suspension will be charged to the Account on its re-registration. In addition, we may charge a Toll Notice Transfer Fee or Toll Administration Fee (as applicable) incurred in relation to Toll Notices issued during the period of suspension to the Account.
If the Client does not re-register the vehicle with us or does not make arrangements to pay tolls through another tag service provider and that vehicle is detected on any Eligible Toll Road after its Linkt Registration has been suspended or cancelled, the Client or driver of that vehicle may commit an offence and may receive a Toll Notice or a penalty notice and be liable for a fine.
If the Linkt Registration of all of the Nominated Vehicles linked to the Account is cancelled, then within 10 Business Days of receiving notice of that cancellation, the Client must:
We will refund any Remaining Account Balance within 10 Business Days after the Client has met the above requirements.
This agreement ends 20 Business Days after the Linkt Registration of all of the Nominated Vehicles linked to the Account is cancelled. The ending or cancellation of this agreement for any reason does not affect any rights that either the Client or we have against each other that arose at or before the end or cancellation of this agreement.
To the maximum extent permitted by law, we are not liable (whether in agreement, tort, under statute or otherwise) for any loss (including consequential loss or loss of profit), damage or expense that the Client or any other company, person or entity incurs arising directly or indirectly from the use of any Eligible Toll Road, the installation, use or removal of the Tag or the Holder, or anything else in connection with this agreement. This agreement does not affect any rights, liabilities and responsibilities arising at law, unless otherwise provided under this contract.
Notices (including any written communications or statements) may be given to the Client:
A notice sent by any of these methods to the Authorised Client Contact is treated as given to the Client.
Notices to us may be sent or delivered:
Our contact details are available on our website.
Notices take effect from the time they are received unless a later time is specified.
Notices by Tag beeps are taken to be received when we signal the Tag to beep.
If notices are sent by a fax machine that 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 three Business Days after the date of posting. If notices are left at the Client's Billing Address they are taken to be received on the day of delivery if delivered before 4 pm on a Business Day and otherwise on the next Business Day. If notices are sent by email they are taken to be received on the expiration of one Business Day after the date of sending.
The Client consents to any information (including personal information) about the Client's Account, and any information the Client provides to us, being disclosed by us to:
We may use personal information to research and develop new products and services, and conduct business planning.
You consent to us disclosing any information otherwise required by law (legislation or court order).
The Client consents to us disclosing to Eligible Toll Road operators (and the operator's preferred tag service provider) and Roads and Maritime Services (RMS) any information (including personal information) that is required for toll enforcement or collection.
If the Client provides us with an email address or mobile phone number, it consents to us using those contact details to send traffic updates and other notices relevant to the Client's use of any Eligible Toll Roads. The Client can ask not to receive such communications at any time.
This agreement is the entire agreement about your account, Tags linked to your Account and the other matters covered by this agreement. The only enforceable obligations and liabilities of you and us about the subject matter are those arising out of the provisions of this agreement or at law.
This agreement replaces all previous representations, communications and agreements on the subject matter.
Any provision of this agreement must be read down to the extent necessary to prevent that provision of this agreement from being invalid, voidable or not enforceable in the circumstances. If a provision of this agreement is still invalid, voidable or not enforceable, the relevant word, words or provision will be deleted, and the rest of this agreement will continue to be fully enforceable.
You will not earn interest on any credit Account Balance or amount you pay us under this agreement.
Unless otherwise expressly provided by this agreement, a party does not waive a right, power or discretion just because 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.
You represent and warrant to us that you have the power, authority and capacity to enter into this agreement.
You must pay us an amount equal to any costs (including legal costs) incurred by us in recovering a debt from you.
In this agreement, unless the contrary intention appears:
This agreement and the transactions contemplated by this agreement are governed by the laws of New South Wales.
Accountmeans the Client's account with us;
Account Balance means the total of all tolls, Fees, taxes and charges that we have debited to the Account since the end of the last Payment Period (or, in the case of the first Payment Period, since the beginning of that Payment Period) and any other amounts that the Client owes us which have not been paid by the Client;
Associated Toll Road means Toll Roads for which we are the preferred tag service provider, being:
Authorised Client Contact means the Client's authorised representative as notified to us by the Client;
Automatic Payment means a standing authorisation given by the Client to us over a Bank account or a credit card held by the Client for the Due Payment;
Bank means any bank or financial institution including a credit card provider;
Billing Address means the last mailing address advised to us by the Client;
Business Day means any day that is not a Saturday, Sunday or public holiday in NSW;
Class means a class of vehicle as defined in the relevant Concession Deed or Project Deed (for example, a Class 2 Tag allows you to pay tolls for vehicles under 2.8 meters in height with 2 axles, or under 2 metres in height with 3 axles, and a Class 4 Tag allows you to pay tolls for all other vehicles).
Client means the company, entity, person or person acting on behalf of the company or entity who has opened the Account with us;
Credit Reporting Policy means the credit reporting policy available from our website;
Due Payment means, in respect of any Payment Period, the amount stated in the invoice for that Payment Period as the Account Balance that the Client owes to us as at the end of that Payment Period;
Electronic Toll Point means any place on an Eligible Toll Road where vehicles are detected for the purpose of charging tolls by an electronic tolling system;
Eligible Toll Road means the Associated Toll Roads 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. Some Eligible Toll Roads may only accept Tags. For further details please refer to the our website;
Fee means any fee or other amount payable to us by the Client when certain events occur, as set out in clause 27;
Holder means the device that will be supplied with each Tag for the purposes of attaching the Tag to the windscreen;
Late Payment Fee has the meaning given in clause 27
Linkt Register means the register of vehicles that are subject to customer service agreements established and maintained by us;
Linkt Registration means the registration by us of a vehicle on the Linkt Register by linking it to the Account;
Monthly Account Fee has the meaning given in clause 27;
Nominated Vehicle means each vehicle the Client has asked us to link to the Account and is registered on the Linkt Register;
No Tag In Vehicle Fee has the meaning given in clause 27;
Number Plate Details means the combination of numbers, letters or numbers and letters, and the State of registration on the number plate of your Nominated Vehicle, as assigned to that vehicle by the relevant vehicle registration authority (e.g. RMS);
Payment Card Surcharge has the meaning given in clause 27;
Payment Date means the date fourteen days after the end of a Payment Period;
Payment Period means each consecutive monthly period, beginning on the date agreed between us and the Client;
Remaining Account Balance means the total of any:
Security Deposit has the meaning given in clause 27;
Standing Authorisation Account means an Account that allows the Client to pay the Account Balance by Automatic Monthly Payment;
Tag means the transponder owned by us or our contractor and licensed or leased to the Client for the duration of this agreement;
Tag Deposit means a Tag deposit described in clause 27;
Tag Monthly Rental Fee has the meaning given in clause 27;
Toll Administration Fee has the meaning given in clause 27;
Tolling Customer Ombudsman means Ombudsman for the tolling industry and the contact details can be accessed from our website;
Toll Notice is a request for payment (or further request for payment) which may include tolls payable by the Client and a Toll Administration Fee;
Toll Notice Transfer Fee has the meaning given in clause 27;
Trip means the driving of a vehicle in one direction through one or more Electronic Toll Points uninterrupted by exit and subsequent re-entry on a single Eligible Toll Road;
we, our or us means Tollaust Pty Ltd ABN 37 050 538 693, including the successors, contractors, assignees, employees, agents and nominees of Tollaust Pty Ltd.
The following Fees and amounts are payable as described in this table (inclusive of Goods and Services Tax (GST) where applicable).
|Fee or amount||Description||Amount, Fee or Deposit|
Additional Invoice Fee
The amount charged to the Account when the Client requests an additional invoice.
$3.30 per invoice requested.
Late Payment Fee
If payment of an amount that the Client owes to us is more than 5 days late.
We will not charge the No Tag In Vehicle Fee if we are responsible for the failure to detect your Tag.
$5.50 plus 1.5% of the amount that was not paid on time.
Monthly Account Fee
The Client must pay us this amount to open and maintain a Commercial Tag Account.
$5.00 per month per Account.
No Tag In Vehicle Fee
We will debit the No Tag In Vehicle Fee from the Account (as well as tolls), for each Trip that any Nominated Vehicle is detected using any Eligible Toll Road without a Tag also being detected. We will not charge the No Tag In Vehicle Fee if we are responsible for the failure to detect a Tag.
For details of fees please refer to our website.
Payment Card Surcharge
This is the amount that we may add to a payment to your Account, when you make a payment by an accepted credit card or debit card.
If you make a payment by an accepted credit card or debit card we are charged a merchant service fee by our financial institution. The current Payment Card Surcharge rates are available when you visit www.linkt.com.au.
An amount that we may require you to pay as security.
$50.00 per Tag linked or proposed to be linked to the Account.
If the Client chooses to pay the Tag Deposit instead of the Tag Monthly Fee for each Tag: The refundable deposit must be paid to us prior to issue of each new Tag.
$15.00 per Tag.
Tag Monthly Fee
If the Client chooses to pay the Tag Monthly Fee instead of the Tag Deposit for each Tag: This amount will be debited from the Account each month.
$0.90 per month per Tag linked to the Account.
Tag Non-Return Fee
If the Client is unable to return a Tag to us in accordance with this agreement when we request it, then this amount will be debited to the Account.
This amount will also be debited to the Account if a Tag is lost, damaged, destroyed or made faulty by the Client or any other company, person or entity that the Client has allowed to use the Tag.
$15.00 per Tag that the Client is unable to return to us, or that is lost, damaged, destroyed or made faulty by the Client or any other company, person or entity that the Client has allowed to use the Tag.
Toll Administration Fee
An amount that may be payable in relation to a Toll Notice
Toll Notice Transfer Fee
This fee is fixed by an operator of an Eligible Toll Road and may be payable if the Client receives a Toll Notice and elects to charge it to the Client's Account.
®Registered to BPAY Pty Ltd ABN 69 079 137 518