These terms and conditions for the Sale, Supply Provision and Use of Telecommunications Services and Products are part of a Standard Form of Agreement for the purposes of Section 479 of the Telecommunications Act 1997. SpinTel (ABN 92 082 087 689) will supply the customer ('You' or 'Your') Service(s) on the terms and conditions set out below. Unless specified, these terms and conditions apply to all Service(s) provided by Us, and together with Your Application and Our website information (including Service description, pricing information, Acceptable Use Policy and Things to Know) forms Your Agreement with Us. Undefined words have the same meaning as in the Telecommunications Act 1997.
1.1 We will use all reasonable efforts to connect Your Service(s) to the network as soon as it is reasonably practicable after Our acceptance of Your written form, online internet form or voice recorded application and its related parts ('Application') and We will use all reasonable efforts to maintain the Service while You comply with this Agreement.
1.2 On an Unbundled Local Loop Service ('ULL') We will provide the telecommunications Service(s) as a standard (not priority) Service, as indicated in the Application (the 'Service') to You in Australia through such Carrier or supplier network or networks We nominate from time to time directly with the Carrier, supplier or network operator (the 'Carrier' or 'Supplier'). Where carriage is supplied, the quality of the carriage of the Service(s) will be the same as that of the Carrier or Supplier.
1.3 Where We are providing data Service(s), the access component of the relevant data Service(s) and, optionally, a rented Customer Premises Equipment (CPE) router, are supplied to Us by a third party(s) as a wholesale Supplier.
1.4 You must not resupply any of the Service(s) without Our expressed agreement in writing.
1.6 Where there is any exclusion or inconsistency between the terms and conditions of particular Service(s) and the Standard Form of Agreement, the latter shall prevail, to the extent of any such exclusion or inconsistency.
2.1 Charges for the Service(s) are determined in accordance with the plan rate, or by You accepting to use Our Service(s) when You have accessed our online application forms, or such other manner specified in the Application. We may change the amount of these charges or add new charges from time to time in accordance with clause 6. You will be invoiced for all calls, Service(s), usage, or other charges on a monthly basis with seven days trading terms for payment of accounts thereafter unless otherwise specified. You must pay all invoiced amounts by the date specified on the relevant invoice. If You have nominated automatic direct debit, Your bank account, or credit card will be charged seven days from the invoice date. Charges that do not appear on Your monthly invoice may appear on future accounts due to processing procedures.
2.2 Any charges billed to You after the cancellation date from Your previous Service provider will be due and payable by You to that provider.
2.3 Our charges to You may involve fees for connection, initiation, transfer, relocation or cancellation of any Service(s), or for debt recovery. Such charges, if not specified in accordance with the rate plan or such other manner specified in Your Agreement will be charged to You at cost to Us from the Supplier.
2.4 Overdue accounts will incur a handling charge calculated at the greater of $13.64 plus GST or 1.5 percent per month on amounts outstanding or part thereof. We may charge You interest on overdue amounts at 3 percent above the per annum Commonwealth Bank Corporate Overdraft Reference rate applicable at the date of the bill, calculated daily.
2.5 We may, without notice, deactivate or cancel all or part of Your Service if any amount is not paid by its due date. We reserve the right to restrict any Service at any time if We feel the account has reached its credit limit or the Service appears to be fraudulent. Discounts may also be revoked during the overdue period. If any amount has not been paid by the due date, We reserve the right to deduct any unpaid amount (or part thereof) from Your credit card or charge card nominated on the application form.
2.6 If You default under this Agreement, We may use or disclose any personal information collected and recorded in relation to You to assist Us in the process of debt recovery. Personal information includes personal identifying details such as Your name, address, date of birth, employer's and driver's licence details and status of any of Your accounts or related bodies corporate, Your credit history, and information about Your creditworthiness or capacity.
2.7 In consideration of Us having agreed to supply the Service(s) to You, the person signing this agreement ('the signatories') on Your behalf hereby jointly and severally guarantee the payment on demand of all monies which are or shall hereafter become due to Us by You. This guarantee shall be a continuing guarantee and shall not be affected by Us giving time or any other indulgence to You, nor shall any of Our rights to sue or report Your details to a credit reporting agency be affected hereby.
2.8 We may charge You a dishonour fee of $30.00 (GST inclusive) if Your payment is dishonoured by Your nominated financial institution or credit provider.
2.9 If We have advised You that electronic billing is available to You, and You choose to continue to receive a paper bill posted to You, We may charge You a paper invoice fee of $2.50 (GST inclusive).
2.10 Where You are required to pay Your account by automatic deduction from Your Credit Card or Debit Card a fee of 1.0 percent (excluding GST) will be charged for payments from Visa or MasterCard, and a fee of 3.8 percent (excluding GST) will be charged for American Express or Diners Club. Where You elect to pay from Your Bank Account no processing fee will be charged. These fees directly reflect the costs charged to Us by the relevant financial institutions.
2.11 Where a Business Telephone Service has been transferred to Us, and is being charged by Us at our Home Phone rates, We reserve the right to transfer it to the Business telephone rate without notice. Where You then request that this Service be changed to a Residential Service, the rates will be adjusted accordingly and the Telephone Directory listing will be changed from Business to Residential. Fees are applicable if a change to the line type is required.
2.12 Fixed-line telephone:
(a) Should You wish to change Your telephone number, a fee of $37.40 (GST inclusive) applies for each change.
(b) Capped calls will be charged at the per-minute rate until the call cap is reached, after which You will enjoy 'free minutes' until the length of time specified in the call cap is reached. After the cap time is reached You will be charged at the per-minute rate for the remainder of the call.
(c) Residential phone plans have the ability to block certain, or all call types by either adding the 'Call Control' feature (if available on Your Service) or by adding the 'Call Block' feature for an additional $10 (GST inclusive) per month.
(d) Business phone plans have the ability to block certain, or all call types by adding the 'Call Control' feature (if available on Your Service).
2.13 For debt in arrears of 60 days or more, We may engage a Licensed Commercial Agent to recover this debt. Where We engage Dun & Bradstreet You will incur a fee equal to 10 percent plus GST of the debt amount.
Where additional recovery action is required such as Skip Trace searches, Field Calls, Legal Proceedings costs or any other third party actions, You will be liable for the fees incurred.
Where these recovery actions have been unsuccessful, We may register Your details with Veda Advantage, Dun & Bradstreet, or other credit reporting agencies as having defaulted on Your commitments.
2.14 The relevant freight fee for postage may change from time to time. Such fees are displayed within the signup application form.
2.15 Some Service(s) including (but not limited to): 190x Service(s), Sensis directory, reverse charge calls, Telstra override dialling prefix may be billed directly by Telstra who will send a paper invoice to the installation name and address of the Service.
2.16 Our financial hardship policy contains information about situations where a customer is unable, reasonably due to illness, unemployment or other reasonable cause, to honour their financial obligations under their contract. To view our policy, please click here.
Unless expressly stated otherwise, the charges payable for the Service(s) under this Agreement are inclusive of GST.
4.1 In providing the Service(s), if We need to change Your arrangements with Your current supplier, then We will do so in accordance with this clause.
4.2 By signing the Application or any other agreement for the provision of Service(s) by Us:
(i) You authorise Us to sign on Your behalf and in Your name forms of authority to Your current supplier of Service(s) to transfer the Service(s) into Our name.
(ii) You will on request give written instructions Yourself to Your current supplier to transfer the Service(s) from Your name to Ours.
(iii) You will immediately pay to Your current/previous supplier all amounts owing to it for the Service(s) being transferred up to the time of transfer to Our name.
4.3 You agree that for Us to provide the Service(s) to You, should You or Your nominee apply through Our online application form on www.spin.net.au, this constitutes Your agreement to our terms and conditions. You should ensure that both You and Your nominee have read and understood Our terms and conditions.
4.4 You understand that Your existing/previous Service supplier may require a cancellation, which is Your responsibility, and that they may charge You if you terminate Your agreement with them early.
5.1 If in the future You ask Us or another provider to transfer any of the Service(s) to another supplier, then You remain responsible to Us for the amount payable for the Service(s) up to the time when We transfer those Service(s) to another supplier, and You will immediately pay Us the amount on receipt of Our invoice.
5.2 The provision of Service(s) ceases when We transfer those Service(s) to another supplier, provided You have fulfilled Your contractual obligations and in respect to the cancellation notice period for Your respective Service.
5.3 We will bill You for those Service(s) within the next normal billing period.
5.4 If after We become aware of any other proper charges (including fees payable to any other supplier) for those Service(s) up to the date of transfer, then You will immediately pay Us all such amounts on receipt of Our invoice.
6.1 These terms and conditions, and Acceptable Usage Policy are subject to change at any time without notice. If We change the terms and conditions, or Acceptable Use Policy in a manner which We reasonably consider would cause detriment to You, We will notify You of the change at least 30 days in advance.
If You do not agree with any changes notified to You, You may terminate this Agreement but You must notify Us of such termination within 14 days of our notice. If You notify Us that you wish to terminate this Agreement, the termination will take effect from the date of change to this Agreement, or the date the Acceptable Use Policy comes into effect, as specified in our notice. Notwithstanding that you may send Us notice of termination under this clause, if you continue to use the Service beyond the date of the change, you will be charged for such use. Your continued use of the Service beyond the date of the change will be deemed acceptance of it.
It will be sufficient that We notify You only of the fact that these terms and conditions, Acceptable Use Policy or Service Plans have been changed and that We post a revised copy of this Agreement, Acceptable Use Policy or Service Plans on the SpinTel website (www.spin.net.au).
The Customer shall be taken to have agreed to the terms of this agreement as so varied if the Customer continues to use the Service after the variation takes effect.
6.2 Without notice, We may at any time, change the Carrier or Supplier, or the Carrier's or Supplier's products.
7.1 SpinTel adheres to the Privacy Act 1988, in regard to the way in which We collect, use and disclose information about You.
8.1 You consent to Us and Our Carriers or Suppliers exchanging Your information and/or details and the Carrier or Suppliers, We and Our respective related bodies corporate may all use Your details for Our own purposes.
8.2 You authorise the Carrier or Suppliers to disclose to Us all records, and in particular exchange line, mobile or network details, telephone usage or accounts information, communication usage records and call event records.
8.3 You consent to Us disclosing Your information and/or details to any other Australian telecommunications Service provider or supplier who is a member of the Australian Telecommunications Fraud and Risk Association where We or the provider or supplier has reasonable grounds for suspecting that You (or any user of a Service provided to You) have been engaged, or are likely to engage, in fraudulent activity in relation to telecommunications Service(s).
9.1 You will supply without delay all the necessary information to check the worthiness of Your credit rating.
9.2 If We consider it relevant to assessing this application, You agree to Us obtaining from a credit-reporting agency a credit report containing personal information about You.
9.3 You agree that We may give to any credit provider and/or credit-reporting agency any information contained in the Application. You also agree that We may seek from any credit provider and/or credit-reporting agency any credit report (whether commercial and/or personal for any named business entity (this may also include the business owner's full name, date of birth, personal identification and personal address), or consumer for any named individual) on all parties named in the application. You acknowledge and understand that such information can include any information regarding Your commercial or consumer credit worthiness, credit history or credit capacity that credit providers and/or credit reporting agencies are allowed to give or receive under the Privacy Act.
9.4 You authorise and permit Us to make independent enquiries to third parties concerning Your financial standing and, for this purpose, authorise and permit third parties to supply such information regardless of any confidentiality or privilege which applies to the information sought.
9.5 We reserve the right to reject Your application for Service(s) based on Your credit worthiness as ascertained by Us at the point of sale. If We are unable to confirm Your credit worthiness through a credit reporting agency You may provide other information to enable Us to ascertain such. If You choose to provide additional information to dispute an unfavourable Credit Rating it remains our discretion whether We accept the information provided.
10.1 To the full extent permitted by law and subject to clause 10.2, We will not be liable in any circumstances, however arising, to You or any person claiming through You in contract, tort, or otherwise (including negligence, wilful or unlawful acts or omissions) for:
(a) any economic loss or damage and in particular (without limitation), any loss of revenue, profits, actual or potential business opportunities, contracts or anticipated savings of profits; or,
(b) any indirect or consequential loss; or,
(c) the acts or omissions of the Carrier or any of Our servants, officers, agents, contractors or subcontractors, or the failure of, or fault or defect, in any contractors of subcontractors or the failure of, or fault or defect, in any telecommunications Service, network, facilities, equipment or Service, used by Us in supplying telecommunications Service(s); or,
(d) Our failure to continue to provide the Service to You for any reason whatsoever. You acknowledge that We do not guarantee continuous fault-free provision of the Service. You must co-operate with Us reasonably to install the Service or to repair any faults.
10.2 We accept liability to You in respect of any rights conferred on You by the Trade Practices Act 1974 and similar legislation where not to do so would be illegal, or would make any part of this clause 10 void or unenforceable. Otherwise, We exclude all conditions and warranties implied into the Agreement and limit Our liability for any non-excludable conditions and warranties, where permitted by law to do so, at Our option, to:
(a) in the case of Service(s):
(i) the supply of the Service(s) again; or,
(ii) the payment of the cost of having the Service(s) supplied again; and,
(b) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods; or,
(ii) the repair of the goods; or,
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods.
10.3 You agree to indemnify and keep Us indemnified from and against liability and all loss and damages caused directly or indirectly by any breach of this Agreement by You or from any claim or action arising directly or indirectly out of any negligence, fraud or wilful act whatsoever, whether by You or any of Your servants, officers, agents, contractors or subcontractors.
10.4 To the extent permitted by law, You agree that Your indemnity shall survive the termination of this Agreement, against any actions, claims, expenses, demands, costs, damages, proceedings or any other liability whatsoever suffered by Us in connection with You using the Service(s) or CPE (as defined under clause 17) including, without limitation, You using or incorporating the Service(s) or CPE in other products used by You or supplied to You.
10.5 To the extent permitted by law, the provisions of this clause 10 also apply for the benefit of the Carrier.
10.6 In connection with legally requested Interception of Your Service, You indemnify Us for all costs, damages or expenses suffered by Us as a result of Your negligent, wilful or unlawful acts or omissions.
10.7 We will not be liable to You or any person claiming through You for costs incurred in contacting Us for any reason (including Service faults) by mobile phone, courier, post or any other method.
10.8 We will not be liable to You or any person claiming through You for costs or loss of income incurred in attending premises for Our representatives to install or repair any Services supplied by Us.
10.9 We take no responsibility and will not be held liable for third party fees or charges by a third party Carrier when using Your VoIP Service (either SpinTel or otherwise). You must check for audible differences in landline or VoIP dial tones if Your VoIP device has PSTN pass-through, lifeline or failover.
11.1 In respect to each Service set out in the Application, this Agreement will commence on the date of its submission by You and will continue in relation to that Service until:
(a) Expiry of the contract Term selected for the Service on the Application (Term); or,
(b) Indefinitely unless terminated formally in writing. In this case charges for the Service will cease at the earliest of 30 days after receipt of formal written notification, unless otherwise stated in any particular Service; or,
(c) Your initial contract period has expired or is about to expire, You must supply at least 30 days' notice to cancel; or,
(d) If We are supplying a Service to You for a fixed period as defined in an invoice You are required to pay for the entire invoice period. Cancellation of the following invoice period must be notified before that invoice falls due.
11.2 The period in which the Agreement is effective in accordance with clause 11.1 shall be the Term.
11.3 We may terminate this Agreement:
(a) before the initial Term is completed if You breach any term or condition of this Agreement or if a receiver or receiver and manager is appointed over any of Your property or assets, or if a liquidator or provisional liquidator is appointed to You or if You enter into any arrangement with Your creditors or You assign or otherwise deal with Your rights under this Agreement without Our prior written consent or, in the case of an individual, You die; or,
(b) at any time by giving You at least 30 days' notice.
11.4 We may suspend the Service(s) at any time without notice if any of following occur:
(a) We are not satisfied with Your credit assessment;
(b) If You breach any of the terms and conditions of this Agreement Your Service(s) will be suspended. If You have failed to remedy the breach within 10 days of Us providing written notice to You of the breach, Your Service will be terminated;
(c) You fail to pay amounts owing to Us by the due date;
(d) We are unable, for any reason including the default of a Carrier, to provide the whole or part of the Service;
(e) You become subject to any form of insolvency administration.
11.5 If We suspend the Service(s), You will still remain liable for all monies due to Us under the Agreement, during the period of such suspension.
11.6 If Your Service has been suspended by Us due to non-compliance with terms and conditions of the Agreement, a fee of $25 (GST inclusive) may be payable to re-activate Your Service(s).
11.7 If this Agreement is cancelled by You, or terminated by Us:
(a) Any right which We have in respect of Your obligations under the Agreement that are not fulfilled when the Agreement is ended, will continue to exist;
(b) You must pay Us all reasonable costs and expenses incurred by Us in relation to the Agreement ending;
(c) Where We are providing data and/or data access Service(s), You must pay amounts due at the time the Agreement ends, including the balance of the Monthly Service Fees as set out on the Application or agreed by Us, including any amount for Service or CPE that was distributed over a term, for all months up to the end of the Term, that remain unpaid at the date of Your cancellation.
(e) In addition to any liabilities arising under this clause and where We are providing fixed-wire Service(s), if You terminate the Service(s) before the expiry of the Term or such lesser time as is agreed in writing by You and Us, then You will pay Us a genuine estimate of the loss We will incur from the early termination of this Agreement. The amount of the loss will be calculated as being the difference between the charges billed to You up until the date of termination and the charges that would have been billed to You for the Services supplied to You until the date of termination under an applicable standard rate or pricing plan.
11.8 Where You have applied for two or more Service(s) as part of a 'bundle' and during the Term of Your Agreement You cancel the supply of one of the Service(s), the pricing for the remaining Service(s) will revert to the 'non-bundled' and thus adjusted rate for the Service that We continue to supply to You for the remainder of the Term.
11.9 Where You choose to block Outgoing or Long Distance calls, the pricing will revert to the 'non-bundled' and thus adjusted rate for the Service that We continue to supply to You for the remainder of the Term. If no 'non-bundled' variant is available, a $10 (GST inclusive) monthly fee will be added to Your monthly invoice. Should You require a Service restriction for the purpose of blocking Outgoing or Long Distance calls, a $10 (GST inclusive) monthly fee will apply.
11.10 Should You cancel Your Service before the expiry of the minimum Term, the promotion(s) You received at the start of Your contract are payable.
11.11 Where We are providing Data Service(s), if this Agreement is terminated in accordance with this clause, the Carrier may arrange for You to be supplied by the Carrier with the Carrier's Service(s) that had been supplied by Us, but You acknowledge that the Carrier may not be able to make those arrangements immediately and once the Carrier makes those arrangements, those Service(s) acquired by You will be acquired on the Carrier's current rates and terms and conditions and the Carrier will bill You accordingly.
11.12 We will charge You an early termination fee if You cancel Your Service with Us within the contract Term:
i) Business fixed-line Service(s) (excluding Business ADSL) will require a full payout of contract (i.e. You will be required to pay monthly Service charges for the remainder of the contract in full to Us).
ii) Residential fixed-line/wireless Service(s) will be charged a $300 pro-rata fee (based on the months left on the contract).
iii) Business ADSL will be charged a $300 pro-rata fee (based on the months left on the contract).
iv) Business and Residential telephony Service(s) will be charged a $149 pro-rata fee (based on the months left on the contract).
11.13 Application(s) for Service(s) which are cancelled before submission to our Carrier incur a cancellation fee of $100 (GST inclusive). Should the application be cancelled after this time, standard cancellation fees and conditions apply.
12.1 The following costs apply to relocating your services, depending on contract terms
|Current Contract||Cost||Contract Renewal|
|Within 6 months||$149.95||Contract for broadband and/or telephone service will be extended by 12 months (i.e. 12 months will be added to your existing contract).|
|Outside 6 months||FREE||Contract for broadband and/or telephone service will be extended by 12 months (i.e. 12 months will be added to your existing contract).|
|Out of Contract – 12 Month option selected||FREE||You will enter into a new 12-month contract for broadband and/or phone at the new location.|
|Out of Contract – No Contract option selected||$149.95||You will have no contract at the new location.|
|Type of Phone Connection||State||Cost||Explanation|
|New Connection||Existing||$59 Once Off||Has a telephone socket, previously had a phone service and no technician visit required|
|New Connection||Reconnect||$125 Once Off||Has a telephone socket, not cabling work needed, but requires a technician visit|
|New Connection||New Line||$299 Once Off||Will require cabling work and a technician visit|
(iii) We cannot guarantee retention of features specific to your service and/or the service type (for example, with fixed services ADSL or ADSL2+) or that the service will be available to you at the new location, as this depends solely on available infrastructure and coverage.
(iv) An early termination fee may apply if you relocate your service and decide to cancel while still under contact due to the fact an identical service is not available to you. All attempts will be made to offer a similar service, however infrastructure at the new address cannot be guaranteed and additional costs may be incurred. Early termination fees for contracted ADSL services are $300 pro-rata and $149 pro-rata for landline services, based on the remaining months of your contract.
(v) We cannot guarantee the retention of your telephone number, particularly if moving to a different suburb or phone exchange.
(vi) Value added services such as Voicemail, may not transfer to your new premises automatically, should this be the case, please contact our customer service team, who can arrange for this to be re-added to the line.
(vii) Connection timeframes vary, depending on service and infrastructure and lead time may take up to 14 working days.
13.1 You will keep confidential all information supplied by the Carrier or Us.
14.1 We will not be liable for any delay in the connection of or failure in the operation of Service(s) due to any occurrence reasonably beyond Our control including failure of any link provided by the Carrier.
15.1 This Agreement contains Your and Our entire understanding to the exclusion of any and all-prior or collateral agreement of understanding relating to the Service(s) provided whether oral or written. You acknowledge that You have not entered into this Agreement in reliance upon any statement made by Us, other than as expressly contained in this Agreement.
15.2 If any part of this Agreement is found to be invalid or of no force or effect, this Agreement shall be construed as though such part had not been inserted and the remainder of the Agreement shall retain its full force and effect.
15.3 To the extent that any Service specific term or condition conflicts with any other term or condition in this Agreement, the term or condition specific to the Service will apply.
16.1 We may assign the benefit of this Agreement at any time to a person or corporation nominated by Us, including a Carrier, and, in this event, such Assignee or nominated Carrier shall deal directly with You for the purposes associated with the provision of Service(s) under this Agreement.
17.1 Any CPE You use which is not provided by Us in relation to the Service(s) must comply with applicable standards and specifications, including those set by the Carrier or Supplier.
17.2 Risk in any CPE provided to You by Us passes to You upon delivery.
17.3 If purchased from Us, Title to any CPE does not pass to You until all amounts owing have been paid in full to Us and the cost of such CPE will be held by You in a fiduciary capacity as bailee for Us.
17.4 On the termination of this Agreement for any reason, You will immediately return all of Our CPE, should the CPE be Our property.
(a) We will use Our best endeavours to deliver the CPE to You on the Delivery Date at the site during Your normal business hours.
(b) If You wish the CPE to be delivered to a location other than the site, You must request this in the Application Form upon sign-up for the Service.
(c) If You request delivery of the CPE to be made in advance of the Delivery Date or postponed beyond the Delivery Date, We shall use reasonable endeavours to re-schedule delivery accordingly, but shall otherwise be under no obligation to comply with Your request.
(d) If We request permission to deliver the CPE prior to the Delivery Date, You shall use Your best endeavours to prepare the site and to do all other things necessary to enable Us to comply with the request and to accept early delivery.
(a) Where We reasonably determine the requirements for installation exceeds reasonable expectations for any Installation Fee quoted or agreed with You, We will not be bound to provide the installation at the Installation Fee previously quoted or agreed and We agree to discuss and use Our respective reasonable endeavours to agree to a new Installation Fee.
(b) You agree to obtain and maintain, at Your expense, any and all permits, licences, approvals, authorisations, required for the installation and operation of the CPE.
(c) In the event that You are relocating Your Premises and, as a result, Your CPE, We may, upon Your request, allow You to move the CPE from the Premises to new premises during the Term so that You can continue using the data Service(s) at the New Premises, subject to:
(i) Our being able to provide the Service(s) at the New Premises;
(ii) You agreeing that these terms and conditions apply to the provision of the Service(s) at the New Premises; and
(iii) You pay all costs incurred by Us as a result of You having the CPE moved.
(a) You acknowledge that the CPE does not include the goods and Service(s) specified as excluded or "not included" in the Quotation;
(b) You may upon request to Us, request that We supply additional Service(s) including without limitation, inspection, repairs, adjustment and replacement of unserviceable or defective parts not subject to the limited warranty given in clause 17 in respect of the CPE;
(c) If agreed to by Us, additional Service(s) will be provided on a time and materials basis charged at Our standard rates in effect from time to time and on terms agreed to between Us and You; and
(d) Unless agreed in writing, any subsequent agreement to provide additional Service(s) between You and Us will not modify or vary the terms and conditions of this Agreement.
(a) We warrant that at the date of this Agreement We believe the CPE to be free from defects in materials and workmanship.
(b) You may, during the Warranty Period, notify Us in writing of any defect or suspected defect in the CPE. We shall, to the extent necessary, inspect, replace or repair the CPE at no additional charge and as soon as practicable after receiving written notice from You.
(c) We shall not be liable under clause 17 if the defect is the result of:
(i) Improper use or mismanagement of the CPE by You; or,
(ii) Operation of the CPE other than in accordance with the instructions given by Us; or,
(iii) Use of the CPE in a manner not reasonably contemplated by Us; or,
(iv) Modification of the CPE not authorised by Us; or,
(v) Use of the CPE in a manner contrary to law; or,
(vi) Subjecting the CPE to unusual or not recommended physical, environmental or electrical stress; or,
(vii) Reinstallation or moving of the CPE by a person other than Us; or,
(viii) Use of the CPE by a person other than You; or,
(ix) Your failure to comply with any terms of this Agreement; or,
(x) Your failure or refusal to install engineering changes or enhancements recommended by Us.
(e) If You provide a notice of a defect or suspected defect pursuant to clause 17 and any subsequent inspection of the CPE by Us reveals no defect, the direct and indirect costs and expenses associated with such inspection shall be borne by You as an Additional Charge.
(f) You agree that the warranty in this clause 17 may, at Our option, be varied or replaced by specific warranty conditions issued in respect of the CPE.
17.9 We are not liable for faulty CPE provided to you by a third party manufacturer. Where You are experiencing CPE fault, You should contact the manufacturer direct.
17.10 We are not liable for installing, configuring or maintaining any equipment not supplied by Us, or additional to Your primary modem or modem router.
17.11 We will endeavour to ensure that You have a working Internet Service to a single device and personal computer. Whilst We may endeavour to assist You further, We cannot guarantee the success of complex networking configurations and, therefore, recommend You seek assistance from a third party contractor. This may include: wireless networks and Internet Connection Sharing.
17.12 For Service faults lodged on fixed-line telephony Service(s) or fixed-line data Service(s), a fee of up to $220 (GST inclusive) may apply (for each technician visit) if a contracted technician deems that there is no fault in evidence or, if the fault is caused by customer premises equipment (CPE) (equipment that is located at your premises) or not within Our, or our Carrier(s) network/responsibility including (but not limited to):
Furthermore, fees of up to $220 (GST inclusive) may apply if a contracted technician arrives for an appointment but You are not in attendance or the technician is unable to gain entry to the property/MDF.
If You notice Your Service has resumed or the fault is no longer evident, You must contact Us at the soonest possible convenience to cancel any technician appointment/s or to close the fault. Failure to do so may incur a fee of up to $220 (GST inclusive) if the technician arrives and concludes 'no fault found'. We must be given at least 24 hours' notice for appointment/fault cancellation prior to the scheduled technician appointment.
If You believe You have been incorrectly billed for a call-out fee or Fee for Service (FFS) charge, You have the ability to dispute the charge. To do so, You should log in to My Account, click on ‘Contact Us’ and raise a billing enquiry. Please provide evidence to substantiate your claim. Also, be advised that investigations may take up to 60 days from receipt of your billing enquiry.
18.1 Any notice, demand, consent or other communication required to be given by either party must be delivered personally, or sent by email, prepaid mail, or by facsimile to the address of the other as last notified.
19.1 This Agreement shall be governed and construed in accordance with the law of New South Wales and the parties hereby submitted to the jurisdiction of the Courts of that State.
20.1 In the event that a bill is disputed by You, You agree to pay to Us the total amount as indicated on the disputed bill without deduction and We agree to refund any monies found to be charged incorrectly after reasonable and proper investigation.
20.2 If a billing dispute is not raised within three months of the bill issue date, charges will be deemed correct and payable by You.
21.1 You are responsible for the content of the messages You communicate when using Our Service(s) as well as the consequences of those messages. You agree that You will not use Our Service(s) to engage in activities that are illegal, obscene, threatening, defamatory, invade privacy, infringe intellectual property rights, or otherwise injure third parties or are objectionable. You may not use a false email address, impersonate any person or entity, or otherwise mislead others or Us as to Your identity. We reserve the right to suspend or terminate the Service in the event of a breach of this clause and, in such cases, You will be responsible for any costs associated with suspension or termination of the Service.
21.2 We believe that any correspondence or emails from Us or Our related parties are a valuable part of Our Service as they enable You to keep up-to-date with matters regarding Internet security, viruses, useful tools, promotions, sites of interest and other related matters. The correspondence and emails do not constitute Spam as We have a continuing business relationship with You. However, if You do not want to receive such commercial communication from Us please contact Us to unsubscribe, otherwise We will continue sending You relevant information until You request Us to remove Your email address (this does not affect other electronic communications specifically regarding the provision of the Service of Your account).
22.1 The Service may not be available at all locations or premises.
22.2 Connection speeds available to You are affected by many factors, and actual rates are not guaranteed. Such factors include (but are not limited to):
i) The length of copper wire from the exchange; and,
ii) The number of, and type of, other Service(s) being used over the same copper wire by other customers; and,
iii) The configuration and line quality of the copper wire pair between the exchange and the customer's premises, and,
iv) Electrical interference from outside sources (such as electric motors); and,
v) The configuration of the copper wiring within the customer's premises; and,
vi) The software configuration and application on the customer's computer (in particular, how it uses the uplink back to the exchange); and,
vii) The customer's hardware or modem; and,
viii) The capacity of, load on, and access data rate of the destination host computer which the customer is accessing.
i) ADSL2+ has a theoretical maximum speed of 20Mbps which is not commonly achieved as it is dependent on multiple factors (some of which are stated in clause 22.2).
ii) We will not connect an individual Service if the pre-setup test returns a result of less than 1.5Mbps (/products/adsl2 and /products/naked) or 880Kbps (/products/adsl). Accordingly, We will not guarantee a connection speed of more than 1.5Mbps or 880Kbps on an individual Service.
iii) The following ADSL2+ speeds are deemed to be acceptable and fault free:
|For the following ADSL2+ Service(s):
(/products/adsl2 and /products/naked)
|Cable Distance from Exchange||Speed Range|
|Less than 1 Kilometre||1.5Mbps (150KBps) to 20Mbps|
|1 to 2 Kilometres||1.5Mbps (150KBps) to 14Mbps|
|2 to 3 Kilometres||1.5Mbps (150KBps) to 7Mbps|
|3 to 4 Kilometres||1.5Mbps (150KBps) to 4Mbps|
|4 to 5 Kilometres||1.5Mbps (150KBps) to 2Mbps|
|For the following ADSL2+ Service(s):
|Cable Distance from Exchange||Speed Range|
|Less than Kilometre||880Kbps (110KBps) to 20Mbps|
|1 to 2 Kilometres||880Kbps (110KBps) to 14Mbps|
|2 to 3 Kilometres||880Kbps (110KBps) to 7Mbps|
|3 to 4 Kilometres||880Kbps (110KBps) to 4Mbps|
|4 to 5 Kilometres||880Kbps (110KBps) to 2Mbps|
i) ADSL has theoretical maximum speeds according to the Service Rating (iii) below. These speeds are not always achieved due to multiple factors such as those indicated in clause 22.2.
ii) We will not connect an individual Service if the pre-setup test returns a result of less than the Acceptable speed (iii) below. Accordingly, We will not guarantee a connection speed of more than the Acceptable speed (iii) below.
iii) The following ADSL speeds are deemed to be acceptable and fault free;
|Service Rating||Acceptable speed in Kilobytes/second (kilobits/second)|
|256/64kbps||17 KB/sec (138kbps)|
|512/128kbps||39 KB/sec (312kbps)|
|1500/256kbps||110 KB/sec (880kbps)|
|110 KB/sec (880kbps)|
iv) There may be instances where it will be necessary to temporarily restrict access by applying network shaping on all high-speed ADSL Services associated with a particular DSLAM.
Whilst this action is regretted, it is permitted under clause 4.2 of the Telstra Wholesale DSL Internet Grade Service End User Interface Specification (RCIT.0016):
Telstra may, at its discretion and having regard to Telstra's standard network congestion guidelines, network-shape that End User Access' maximum downstream throughput to a value lower than 8Mbit/s (typically 3Mbit/s).
If this process takes place, there are assurances from Telstra that a resolution will be sought as a matter of priority.
24.1 Where We are providing fixed-wire Service(s), You will assist Us in ensuring that any equipment necessary for You to receive the Service(s) and access Our network is installed and programmed so that calls to destinations nominated by Us from time to time are, as far as possible, carried by Our preferred switched Service(s) network.
24.2 Where We are providing data and/or Broadband Service(s), You will assist Us in ensuring that any equipment necessary for You to receive the Service(s) and access Our network is installed and maintained.
26.1 Our Complaints Handling Policy includes information about the right to complain, and about how, when and where to make a complaint. The policy adheres to The Telecommunications Consumer Protections Code. To view our policy, please click here. To request a hard copy, please email firstname.lastname@example.org.
27.1 We may, at Our discretion, provide the Service by using either:
(a) an existing or new Unbundled Local Loop Service ('ULLS'); or
(i) Should the Service be delivered or transferred to a ULLS, some Telephony features You may have had previously may not be available, eg Line Hunt.
(b) an existing or new access line that supplies a standard telephone Service; provided by Telstra Corporation Limited ('Telstra') or other reseller, depending on the technical and operational requirements of the particular Service.
27.2 Where a telephone exchange area is shown as being Broadband (i.e. DSL) enabled, We provide no guarantee that individual telephone Service(s) on that exchange will qualify for a DSL Service provision.
27.3 The performance of the end-to-end Service offered over DSL is determined by the quality of the copper line and the distance from the DSL exchange. As such, the performance of the end-to-end Service can only be estimated when We have qualified the line performance. We will accept a customer order upon appropriate qualification where the line performance meets Our Service objectives and the availability of the said Service.
27.4 Service provision times specified on Our website assume availability of the Service(s) and/or no Carrier delays. Following submission of Your order by Us to the Carrier, should We determine that the line qualification is unsuccessful, We may provide You with a proposal for a new Service which may differ and may incur additional charges. Should the aforementioned event occur, We will consult with You to determine if You agree to continue with the new order placement.
In addition to the provisions in clause 21.0, You agree to comply with the acceptable use standards which include but are not limited to the following:
28.1 not to send email that may destroy or damage an email recipient's computer; and,
28.2 not to knowingly accept email which is unlawful, and violates or infringes upon the rights of any person or corporation; and,
28.3 not to reveal confidential information about Us and/or Our suppliers which may result in unauthorised usage of the Service(s) by a third party; and,
28.4 not to transmit information which contains viruses or other harmful components; and,
28.5 not to interfere with, damage or destroy computer systems or operations of the Service(s) including disobeying any of Our requirements, procedures, policies or regulations. This includes that of other users and/or third parties; and,
28.6 not to store or transmit any unlawful, threatening, defamatory, offensive or pornographic material that constitutes a criminal or civic offence under State and Commonwealth laws.
29.1 You agree to accept responsibility and liability for the security of and/or access to Your networks and related systems. You will take reasonable and appropriate precautions to prevent any violations of Your network and/or related systems security.
29.2 We do not take responsibility or are liable in any way for any violations of Your network and/or related systems security, however caused.
29.3 While We are responsible for the provision of Service(s), You are responsible for ensuring that adequate security in the form of virus protection and firewalls exist to protect Your electronic data and computer operating system or the electronic data and computer operating system of Your business against and unauthorised or unwarranted intrusion.
30.1 If We change our terms and conditions and it would cause detriment to You, We must first publish an advertisement or tell you directly. Click here to see a list of recent changes and recent advertisements published by Us in order to provide notice of these changes to Our Customer Terms.