General Terms for residential customers
Kangaroo Telecom Pty Ltd ABN 84 628 098 966
1. Introduction
1.1 Welcome!
(a) Welcome to our General Terms for Residential Customers.
1.2 Who these Terms apply to
(a) These Terms generally govern the provision of Equipment or Services by Telsim Broadband to Residential customers, unless otherwise agreed upon in writing. Residential Customers purchase products or Services primarily for personal or domestic use, not for resale.
(b) If additional individuals utilize the Service, these Terms also apply to them. For instance, if you are the account holder for a home internet Service and other household members utilize the Service, these terms extend to those individuals as well.
2. Structure of our Agreement
2.1 Our Agreement comprises various sections. Your agreement with us encompasses:
Your application, the Critical Information Summary, General Terms, Payment Schedule, Direct Debit Service Agreement, and our Acceptable Use Policy.
2.2 Priority of documents
(a) In case of any inconsistency among different sections of this Agreement, the part listed earlier in the above list shall take precedence to the extent of the inconsistency.
(b) Your application and the pertinent Critical Information Summary for your Service may outline Service-specific terms.
3. Getting started
(a) Our Agreement with you commences upon our acceptance (at our sole discretion) of your Application and remains in effect until terminated in accordance with the terms outlined in our Agreement.
(b) You may request the supply of the Service by completing our application forms, which are available either online or in printed format, or by phone.
(c) We evaluate whether to accept your application and provide Services based on various factors, including:
- Your eligibility for the Service.
- The availability of the Service in your area.
- Your compliance with our credit and identification requirements.
- The outcome of any credit assessment conducted by us.
- Your previous interactions with us or any reseller who has provided goods or services to you.
4. Contact us
We’re available if you require assistance. For more information, please contact us on 1300 835 746
Using Services and Equipment
How to enjoy your Services and Equipment
5. We’ll provide you Services
5.1 Service availability
(a) While we strive to offer an uninterrupted Service free of any Interruptions, we cannot guarantee its continuous provision, subject to your rights under the Consumer Law.
(b) You acknowledge that we may rely on Suppliers to supply a Service to you, which implies that circumstances beyond our control may result in interruptions to the Service occasionally.
5.2 Maintenance and fault restoration
(a) In accordance with your rights under the Consumer Law and to the extent allowed by law, we are not obligated to rectify Service faults resulting from:
Damage inflicted on Facilities we (or our Suppliers) utilize to deliver Services, not caused by us. For instance, damage to customer Equipment or power supply loss.
Interference not originating from us, such as external electrical interference or tampering by customers or third parties with Equipment.
Force Majeure Events.
Planned outages.
5.3 Technical support and training
Virtual Technical Support:
(a) We provide certain technical support services as detailed on our website at telsimcom.au/support. However, please note that we are not accountable for providing training on how to use your Service.
(b) We do not assume responsibility for and may be unable to offer support for faults resulting from:
Customer Equipment.
Interactions between the Service and third-party software used by you.
Wireless connectivity issues from a wireless access point or router to your computer.
Services rendered by any third-party supplier or carrier (excluding our Suppliers).
6. Your obligations
6.1 Compliance
You are accountable for the utilization of your Service. You must ensure that neither you nor other individuals use your Service contrary to our Agreement. This encompasses adhering to our and our Supplier’s fair use policies, applicable laws, and any other obligations relevant to the Services and their usage.
6.2 Your Obligations
Avoid Misuse of Service:
(a) You must refrain from engaging in or permitting any of the following actions concerning a Service:
Breaching any laws, including those governing content on the Internet or email.
Contravening the Privacy Act, the National Privacy Principles, or related guidelines.
Sending unsolicited electronic messages or initiating scam calls or text messages.
Participating in denial-of-Service (DOS) attacks or allowing a computer under your authority to be used for DOS purposes.
Attempting to obtain unauthorized access to or control of any other computer or network.
Scanning ports on other computers or probing them for vulnerabilities.
Disseminating any virus, trojan horse, or other harmful actions, whether deliberately or due to negligence.
(b) Software Usage:
If we or a Supplier provide you with software, you must adhere to its license terms as communicated to you periodically.
(c) Additional Restrictions:
Unless otherwise agreed upon in writing by us:
You must not resell the Service.
You must not establish, maintain, or permit multiple concurrent connections to the Service.
You may only connect the Service to a local area network if designated by us as suitable for such use.
Technology Responsibility:
(d) Unless explicitly covered by our Agreement, you are responsible for providing the necessary technology for the Service.
Information Accuracy:
(e) You warrant that any information provided to us regarding this Agreement is accurate and true. You must promptly notify us of any changes to this information.
Assistance and Access:
(f) You agree to provide all reasonable assistance, information, and access required by us to fulfill our obligations under this Agreement and provide Services to you.
This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and Telsim that results in litigation, then you must submit to the jurisdiction of the courts of New South Wales.
6.3 Commitments to retain data
You acknowledge and consent to our (or a Supplier’s) undertaking of reasonably necessary actions to comply with the Law regarding the Services we provide to you. This may entail:
(a) Intercepting communications conducted through a Service.
(b) Monitoring and retaining data associated with your Service or data accessed or transmitted by you while utilizing the Service.
(c) Furnishing such data to individuals authorized by law.
7. Internet issues and limitations
7.1 Internet issues and limitations
(a) You acknowledge and agree, to the extent permitted by law, that:
The continuity and speed of internet access are influenced by numerous factors, many of which are beyond our control.
We do not have control over the accuracy or suitability of information found on the internet.
We are not liable for software or data accessible on the internet.
If we offer you technical or other support or advice concerning any matter beyond our direct responsibility under this Agreement, we do so solely to assist you and without assuming any liability beyond what is legally permissible to exclude.
7.2 Internet security
(a) You acknowledge and recognize that accessing the internet entails inherent security risks, with new threats to internet security constantly emerging.
(b) You assume responsibility for upholding your own security and acknowledge our recommendation that you should, at minimum:
Safeguard and protect your user identity, email address, and password. This includes securing your password, refraining from sharing it, avoiding the use of easily guessable terms like dictionary words, names, or dates, changing it regularly, and avoiding storing it in written form or on a computer.
Utilize and keep updated anti-virus software and firewall protection.
Control access to your Equipment.
Refrain from opening emails or files from unfamiliar sources.
Shield other Service users from inappropriate internet content.
Stay informed about internet security issues.
Regularly monitor your data usage to prevent unexpected data charges or Service Restrictions.
8. Using Services
8.1 You consent to utilizing the Services appropriately
(a) You must utilize the Services solely for their designated purpose.
(b) You consent to promptly notify us of any suspected or actual security breach concerning the Service or your confidential password or customer login.
(c) You are prohibited from allowing anyone to resell or attempt to resell any Service.
8.2 Interference with Networks
If we reasonably believe that your Equipment or use of the Service interferes with or poses a threat to the efficiency of a relevant network, you must comply with our reasonable directives on how to cease or prevent such interference.
8.3 Use of Appropriate Facilities and Equipment
In utilizing the Service, you agree to only connect with Facilities and Equipment that comply with technical codes, standards, regulations, and guidelines established under the Telco Act, as published by the ACMA, or by Communications Alliance Ltd.
8.4 Prohibition of Illegal Use
(a) You must not transmit or publish via the Service any material that is defamatory, in breach of copyright or other intellectual property rights, in violation of confidentiality obligations, or otherwise contrary to law.
(b) If you breach this clause:
We reserve the right to restrict, suspend, or cancel the Service in accordance with clause 20.2 (Your actions necessitate us to restrict, suspend or cancel).
You agree to indemnify us against any costs incurred as a result of your use of the Service to commit an offense or otherwise violate this clause.
8.5 Unusual Use
While we may contact you upon noticing unusual use on your Service, we are not obligated to monitor your Service usage or to restrict, suspend, or cancel the Service due to unusual activity. You are responsible for all usage of the Service, whether by yourself or others.
9. Using Equipment
9.1 Service Equipment
For residential customers, if we or a Supplier provide Facility or Service Equipment to you for use with a Service (without selling it to you), then:
(a) Upon delivery, the risk associated with the Service Equipment transfers to you. You are liable for any loss or damage caused to the Service Equipment, except for fair wear and tear.
(b) The Service Equipment remains our property unless stated otherwise.
(c) You must not alter or conceal any identification marks on the Service Equipment.
(d) You must adhere to our reasonable directives to safeguard our ownership of the Service Equipment.
(e) You shall not relinquish possession of the Service Equipment except to us.
(f) You must refrain from any action that could adversely affect our ownership of the Service Equipment:
- You are prohibited from registering an interest in the Service Equipment under the PPSA.
- We or a Supplier may register an interest in the Service Equipment under the PPSA.
- Changes to Service Equipment
(g) We reserve the right, acting reasonably, to replace Service Equipment with similar or enhanced functionality.
(h) If we agree to a Service with a Fixed Term, then replacement of Service Equipment is subject to our obligations under clauses 15.1 & 15.2
9.2 Upon Expiry or Termination of Services
(a) Upon the cessation of a relevant Service’s supply, you must allow us (and if applicable, ensure that the landlord allows us) to remove Service Equipment from its installed location.
(b) If we are unable to retrieve the Service Equipment, we reserve the right to recover its value as a debt owed by you. This includes offsetting the value of the Service Equipment against any outstanding amounts owed to us by you.
9.3 Access Requirements for Maintenance and Installation of Service Equipment
(a) We (or our Supplier) may require access to your premises intermittently for:
Provision and maintenance of the Service Equipment or a Service.
Installation of any Facility, Equipment, or cabling on your premises necessary for a Service. This right of access remains valid until the Service Equipment is returned to us, even if the Services are terminated.
(b) You agree to grant us reasonable access to the Service Equipment during business hours (or at other times mutually agreed upon) and upon reasonable notice.
- Failure to allow this access may result in the need to restrict, suspend, or cancel your Service.
(c) If you are not the owner of the premises we need access to:
- You must ensure that you have obtained the owner’s permission.
- You warrant to us that you have obtained such permission.
(d) Upon accessing your premises:
- You agree to ensure that we have safe access.
- You indemnify us (or the Supplier) against any claim made by the owner or occupier of the premises regarding entry to the premises.
9.4 Equipment Maintenance Protocol
Service Equipment Maintenance
(a) In the interest of maintaining optimal performance, we reserve the right to temporarily suspend services to conduct necessary maintenance on Service Equipment.
(b) In the event of a maintenance suspension, we endeavor to:
- Provide you with reasonable notice regarding potential service interruptions, with the length of notice subject to the urgency and scope of maintenance required.
- Minimize service disruptions by scheduling maintenance during off-peak times whenever feasible.
- Customer Equipment Maintenance
(c) Should our provision of services require the use of your Facilities or Customer Equipment, you are responsible for their maintenance unless otherwise mutually agreed upon in writing.
9.5 Equipment Management Overview
Insurance Coverage
(a) Upon our request, you are obligated to procure insurance for Service Equipment based on reasonable amounts and terms determined by us.
Electricity Dependency
(b) Please note that if your Service or Equipment relies on electricity, its functionality may be impaired in the event of an interruption or discontinuation of your electricity supply.
Approval of Service Personnel
(c) You are responsible for ensuring that Equipment, Facilities, or connections involved in service provision are not tampered with or altered in any way without the approval of authorized service personnel designated by us.
9.6 Service Equipment Return Policy
(a) Upon termination of our service provision to you, you are required to promptly return all Service Equipment to us or make arrangements for its collection.
(b) Failure to return the Service Equipment within a reasonable timeframe will result in the issuance of a bill reflecting the reasonable market price of the relevant Service Equipment, inclusive of any costs incurred for software licenses acquisition or renewal.
9.7 Purchased Equipment Terms
This section applies if you purchase a Facility or any item of Purchased Equipment for use with our provided services or otherwise.
Transfer of Title upon Full Payment
(a) Purchased Equipment remains our property until full payment is received from you. You agree not to relinquish possession of the Purchased Equipment to any party other than us until full payment is made.
In the event of premature relinquishment of Purchased Equipment before full payment, we reserve the right to:
Pursue the recovery of the Purchased Equipment’s value as a debt owed.
Offset the value of the Purchased Equipment against any outstanding debts owed to you.
Until full payment is received, you must refrain from removing or obscuring any identification marks on the Purchased Equipment and comply with our reasonable instructions to safeguard our ownership, refraining from any actions that may adversely affect our ownership of the Purchased Equipment.
Transfer of Risk upon Delivery
(b) Risk of loss or damage to the Purchased Equipment transfers to you upon its delivery.
You assume full responsibility for any loss or damage to the Purchased Equipment from the moment it is delivered to you.
9.8 Installation of Purchased Equipment
(a) Installation of Services and/or Purchased Equipment will be conducted at a location specified by you, subject to mutual agreement between us.
(b) We reserve the right to levy our current installation fees for the installation of Purchased Equipment and Services.
(c) Every effort will be made to schedule the installation of Purchased Equipment and Services around the requested installation date provided by you.
9.9 Equipment Returns and Refunds
This section does not impede your rights concerning Consumer Guarantees.
Change of Mind
(a) Refunds for ‘change of mind’ regarding Purchased Equipment are not provided.
Change of Model
(b) Should you desire a different model, you have 7 Business Days from the date of receiving the Purchased Equipment to return it at your expense.
Upon inspection and verification of the Purchased Equipment’s condition, your account will be credited with the purchase price.
A restocking fee equivalent to 15% of the original purchase price will be charged.
You will be invoiced for the purchase price of the different model.
(c) Returns of Purchased Equipment beyond the 7 Business Day period will not be eligible for credit.
10. Privacy Policy
You must comply with our Privacy Policy, for full details visit telsim.com.au/website-privacy-policy .
11. Confidentiality
11.1 Confidential Information Ownership
Both parties maintain ownership rights, including intellectual property, over any information exchanged pertaining to the Equipment, Services, or the provision of Services, which, due to its nature or circumstances of disclosure, is or could reasonably be considered confidential.
11.2 Confidentiality Protection
Neither party shall divulge confidential information to any third party or permit the copying or disclosure of written or electronically recorded confidential information to a third party without consent, except where mandated by law or if the information becomes public through means other than a breach of confidentiality. Both parties may disclose confidential information to their professional advisers, provided they also agree to uphold confidentiality.
11.3 Termination Obligations
Upon termination of the Services for any reason, each party shall return all confidential information and any copies thereof to the other party. If a party has destroyed all copies, they shall provide a written declaration confirming such destruction upon request following the termination of Services.
11.4 Use Restrictions
Neither party shall utilize information obtained from the other party in any manner or for any purpose that may cause harm, whether through damage to reputation, financial loss, or otherwise.
Fees and payments
12. Paying for your Services
12.1 Service Fees
Your Financial Responsibility for the Service
(a) You are accountable for settling all Fees associated with utilizing the Service, regardless of whether the usage is by yourself or by any other party, with or without your consent.
(b) If your Service is utilized to access the Facilities or Services provided by another service provider, the charges levied by that provider are your responsibility, unless otherwise stipulated in our Agreement with you.
You are required to settle these charges, and if we incur any costs, we will invoice you accordingly.
Calculation of Fees
(c) Fees are determined based on the data recorded and logged by us regarding your usage.
(d) Our records serve as definitive proof of your Service usage and the corresponding Fees payable.
Prompt Communication Regarding Billing Issues
(e) If you suspect any discrepancies with your bill, kindly contact us promptly for resolution. Unless otherwise specified in the relevant Critical Information Summary, any unused or partially utilized inclusions are non-transferable and non-refundable.
12.1 Service Fees
Your Financial Responsibility for the Service
(a) You are accountable for settling all Fees associated with utilizing the Service, regardless of whether the usage is by yourself or by any other party, with or without your consent.
(b) If your Service is utilized to access the Facilities or Services provided by another service provider, the charges levied by that provider are your responsibility, unless otherwise stipulated in our Agreement with you.
You are required to settle these charges, and if we incur any costs, we will invoice you accordingly.
Calculation of Fees
(c) Fees are determined based on the data recorded and logged by us regarding your usage.
(d) Our records serve as definitive proof of your Service usage and the corresponding Fees payable.
Prompt Communication Regarding Billing Issues
(e) If you suspect any discrepancies with your bill, kindly contact us promptly for resolution. Unless otherwise specified in the relevant Critical Information Summary, any unused or partially utilized inclusions are non-transferable and non-refundable.
12.2 Goods and Services Tax (GST)
(a) Unless explicitly stated otherwise, all payments due under or related to our Agreement incorporate GST.
(b) We may issue invoices for the Service, inclusive of any applicable GST.
In instances where GST is applicable to a taxable supply we provide to you, the amount of GST will be specified in our Agreement with you (such as in a Critical Information Summary or an Application Form), and this will also be clearly indicated on your bill.
13.Changes
Transferring Your Service to Another Service Provider
13.1 Service Transfer Process
Responsibility for Fees Until Transfer Completion
(a) Upon your request, we will initiate the transfer of any Services to another provider as per your instructions.
(b) You are obligated to settle all Fees for the Services up to the date on which we effect the transfer to the new service provider. Services Termination Upon Transfer
(c) The provision of Services will cease on the date we finalize the transfer to the new service provider.
13.2 Billing Post-Transfer
Inclusion of Transfer-Related Fees in Subsequent Billing
(a) Our goal is to incorporate all fees associated with transferred Services in the subsequent regular Billing cycle.
(b) Following the subsequent Billing period, if:
Additional Fees (including those payable to another service provider) for the Services up to the transfer date are identified, or
Any disputes are resolved, resulting in the quantification and confirmation of your liability for those Services,
You are required to settle all such amounts within 7 days of receiving a Bill from us.
13.3 Responsibility for Transfer Charges
(a) We bear no responsibility for any outstanding amounts owed by you to another service provider or any other party.
(b) You are obliged to settle all such outstanding charges.
14. Authority to act on your account
(a) Regarding Business Services, you consent that if our actions necessitate your approval, provided we act in good faith, we reserve the right to seek consent from your designated employees who assert authorization.
(b) With regards to Residential Services, it is imperative that you notify us if you intend for another individual to possess the authority to access or modify your Service or account.
(c) Subject to the provisions outlined in Privacy Policy, we shall refrain from permitting any other individual to access your account unless we have obtained explicit authorization from you to do so.
15. Changing our Agreement
15.1 Necessity for Changes in Our Agreement
Potential Service and Feature Adjustments
(a) As time progresses, it may become necessary for us to modify the features and functionalities of a Service or even the Service itself. Consequently, we may be unable to sustain the continuous provision of a Service under the same terms as initially agreed upon when we commenced the delivery of the Service to you.
Changes Stemming from External Factors
(b) Circumstances beyond our control, such as alterations in legislation, imperative security adjustments, or modifications initiated by our suppliers concerning the terms of Service provision to us, may necessitate changes to a Service, its features, or our Agreement with you.
Changes Arising from Business Considerations
(c) Additionally, alterations to the terms of our Agreement with you may be required for legitimate business reasons on our part, including adaptations to align with technological advancements, shifts in our supply chain demands, modifications to the technical services supporting a Service or its features, strategic business adjustments, and various other factors prompting changes to Services and features.
15.2 Your Rights in the Event of Agreement Changes
Cancellation Option in Certain Cases
(a) Should we notify you of changes that would result in more than minor detriment to you, you reserve the right to terminate the affected Service by providing us with written notice.
(b) This notice must be issued within 42 days from the date of our notification of the change, employing the method specified in the notice sent to you regarding the alteration.
(c) You remain liable for all outstanding expenses associated with installation costs, Services rendered, and Equipment provided by us (and returning said Equipment, if applicable). However, apart from these outstanding amounts, no Early Termination Fee will be imposed.
Post-Notice Period
(d) Failure to cancel within the 42-day notice period signifies your acceptance of the proposed changes from the specified effective date. Consequently, our Agreement will be amended accordingly, governing the relationship between you and us from that point forward.
15.3 When changes take effect When we need to or decide to make a change, the changes will take effect for your Service in accordance with notice periods set out in the below table.
Type of change | Description | Notice Required | Examples |
(a) Detrimental change | If we suspect that a change could significantly disadvantage a customer. | A minimum of 21 days. | If we remove a feature or function from a service that you use frequently. |
(b) Beneficial or neutral change | Changes that we anticipate will either benefit you or have a neutral effect on your experience with the Service. | We reserve the right to implement these changes immediately without prior notice to you. | Increasing data limits on your plan at no additional cost and removing a minor feature that you do not utilize. |
(c) Urgent Change | Changes mandated by law, for security purposes, or for technical measures to safeguard network integrity. | We strive to provide you with as much notice as is reasonably possible given the circumstances. | Modifications made to ensure compliance with new laws and addressing a security vulnerability. |
(d) Administrative Fee change | Before implementing a new fee or increasing existing administrative fees for ancillary services, we are required to provide a reasonable alternative at the same or lower cost compared to the original fee. | We endeavor to provide you with appropriate notice given the circumstances. | Implementation of new credit card transaction fees and adjustments to existing fees. |
(e) Additional tax or levy | A new fee or an increase in an existing fee due to additional taxes or levies imposed by law (where it is fair and reasonable for us to transfer this cost to you). | We strive to provide you with adequate notice given the circumstances. | A rise in the GST or the introduction of a new tax targeting a specific service category. |
(f) Supplier Fee change | Fee increases resulting from cost increases imposed on us by suppliers for: | Our goal is to provide you with appropriate notice considering the circumstances. | Fee adjustment for international mobile phone calls. Charges for accessing a premium messaging service. |
16. Assignment of Rights
16.1 Your Ability to Transfer Rights
(a) In certain circumstances where rights are transferable, you have the option to assign your rights under this Agreement, provided you obtain our prior written consent, which we will not unreasonably withhold.
(b) Typically, we will grant consent for the transfer of obligations if the intended transferee:
Furnishes satisfactory proof of identification,
Satisfies our eligibility criteria for the Service,
Demonstrates a reasonably suitable credit rating, and
Seeks the Service at a location where it is available.
16.2 Our Right to Assign or Transfer
(a) You consent to our ability to assign our rights under this Agreement, including the transfer of benefits and obligations, at any time:
- To a related body corporate (a company within our corporate group),
- To a Supplier, or
- To a purchaser of our entire business or part thereof (each referred to as a Transferee), with the understanding that the Transferee assumes our responsibilities and obligations under this Agreement.
We or the Transferee will notify you of the transfer.
(b) Upon notification of formal transfer, this Agreement is terminated, and a new Agreement is established under the same terms, with the Transferee replacing us under this Agreement as if they were an original party, and assuming no obligations or liabilities before the transfer notice date.
Our Additional Rights Regarding Transfer
(c) We may also assign, transfer, or deal with our rights and obligations under this Agreement with your consent, which must not be unreasonably withheld.
Our Use of Subcontractors
(d) We reserve the right to subcontract any of our obligations under this Agreement.
17. Complaint Handling process : For complete details on complaint handling process kindly visit telsim.com.au/complaint-handling-policy.
18. Force Majeure
18.1 Exemption from Liability for Force Majeure Events
Neither party shall be held responsible for any delay or failure to fulfill obligations under this Agreement resulting from Force Majeure Events, except for:
(a) the obligation to make payments under this Agreement,
(b) our commitments under the Customer Service Guarantee (CSG), and
(c) any non-excludable rights you possess under Consumer Law.
Subject to our obligations under the CSG and any non-excludable consumer rights under Consumer Law, we shall not be held liable for the following circumstances, directly or indirectly caused by a Force Majeure Event:
- Any delays in Service installation,
- Any delays in rectifying faults in a Service,
- Failure to provide a Service or its incorrect operation,
- Service interruptions, or
- Any breach of our obligations under this Agreement.
18.2 Termination of Agreement due to Prolonged Force Majeure Event
If a delay, interruption, or failure to deliver under this Agreement, caused directly or indirectly by a Force Majeure Event, persists for more than 30 days, either party may terminate the affected Service by providing written notice to the other party.
Suspending & Ending
19. Your Rights to Cancel or Terminate a Service
19.1 Service Cancellation Option
(a) You reserve the right to cancel a Service.
19.2 Termination Rights for Cause
You have the authority to terminate a Service by notifying us in the following scenarios:
(a) If we modify the Agreement, entitling you to terminate the Service (Your rights if we change the Agreement).
(b) In the event of a prolonged Force Majeure Event, granting you the right to terminate the Service (Ending this Agreement for a continuing Force Majeure Event).
(c) If we commit a material breach of our Agreement with you, which:
- Is capable of being rectified, and
- Remains unresolved for 30 days after you inform us of the breach.
(d) If we commit a material breach of our Agreement with you, which cannot be rectified, including instances of prolonged or repeated Service Interruptions.
19.3 Fees Following Termination for Cause
Upon termination of a Service (Your rights to end the Agreement for cause):
(a) No Early Termination Fee.
(b) You are not entitled to a refund of any unused portions of advance payments for the Service (Refunds and credits). However,
(c) You remain responsible for settling any outstanding Fees for Services rendered, installation, Equipment, etc.
19.4 Instances Where Service Cancellation Rights Do Not Apply
Service interruptions are not deemed ‘material’ breaches, and the termination rights (Your rights to end the Agreement for cause) are inapplicable in the following scenarios:
(a) Brief system or network outages.
(b) Scheduled maintenance of our network or Service Equipment as per clause 9.4 (Maintaining Equipment).
(c) Faults or events reasonably attributable directly or indirectly to your Equipment, actions, or omissions.
19.5 Pre-Provisioning Change of Mind - Service Cancellation Fee
In the event that you sign up for a Service but subsequently seek cancellation before provisioning completion, we may require you to compensate us for costs incurred in preparing to provide the Service. For instance, any cancellation fees imposed by a Supplier will be directly passed on to you and must be settled accordingly.
20. Our rights to restrict, suspend, and cancel a Service
20.1 Implementation of Rights
In the event of us exercising our rights to restrict, suspend, or cancel Services pursuant to this clause and our Agreement with you in general, we are obliged to:
(a) Exercise these rights reasonably, and
(b) Only take action to the extent reasonably necessary to safeguard our legitimate business interests.
For instance, we endeavour to provide you with reasonable notice in foreseeable circumstances. Moreover, we adopt an incremental approach whenever feasible, progressing from restrictions to suspension of Services, and reserve cancellation for instances mandated by law or essential for the protection of our legitimate business interests.
20.2 Triggers for Restriction, Suspension, or Cancellation
We may find it necessary to restrict, suspend, or cancel a Service under the following conditions:
Service Usage Concerns
(a) Departure from premises where we provide a Service without prior agreement.
(b) Inability to access premises for inspection, repair, or maintenance of Equipment or cabling associated with a Service.
(c) Non-compliance with an Acceptable Use Policy despite receiving reasonable notice.
(d) Failure to rectify a defect or deficiency in Customer Equipment or cabling within 30 days of our request.
(e) Engagement in activities that, in our reasonable opinion, may compromise the standard operation of a Service.
(f) Service utilization causing interference with our or a Supplier’s network, with failure to rectify the situation within 24 hours of our request.
(g) Transition into a Carrier or Carriage Service Provider as defined in the Telco Act.
Immediate Cancellation due to Misconduct
(h) Reasonable belief in engagement in fraud or illegal conduct in your application.
(i) Harassment or abuse directed towards our staff or contractors.
(j) Threats or actual harm towards Aussie Broadband staff, contractors, or property.
Payment Issues
(k) Experience of an Insolvency Event with a reasonable doubt about receiving payments for Services.
(l) Failure to meet payment deadlines, permitting entitlement to restriction, suspension, or cancellation (Late payments and actions we may take).
(m) Non-compliance with prepayment requests for Services.
(n) Reasonable belief in being a credit risk, with examples including unusually high Service usage, history of late or dishonoured payments, or indications of an Insolvency Event.
(o) Material breach of any terms within our Agreement with you.
20.3 External Factors Necessitating Restriction, Suspension, or Cancellation
We may find it imperative to restrict, suspend, or cancel a Service under the following circumstances:
Emergencies
(a) In the event of an emergency.
(b) If there exists a reasonable belief of a risk to the security or integrity of a pertinent network, or if providing the Service could potentially result in death, personal injury, or property damage.
Legal Requirements
(c) If mandated by law.
(d) If the provision of Services breaches any law, or there exists a reasonable anticipation of such contravention in the near future.
(e) To comply with an order, instruction, or request from a government agency, emergency services organization, or any other competent authority, whether received or reasonably anticipated.
Network and Service Integrity
(f) During the modernization or upgrade of a relevant network.
(g) If deemed necessary to repair, maintain, or restore a network.
(h) Amidst technical failures, modifications, or maintenance activities related to the Service. We endeavor to minimize disruption and restore standard Services promptly.
Supply Capability
(i) In the event of a third party, including a Supplier, withdrawing or suspending an underlying service, thereby impeding our ability to provide your Service.
(j) If a Force Majeure event impedes our ability to supply the Service to you in accordance with the Agreement for a duration exceeding 30 days.
Actions by you
(k) If you notify us in accordance with under clause 15.2
(l) If your Service has not been used or accessed for a continuous period of 24 months.
20.4 Terminating the Service or our Agreement at our discretion.
We also retain the option to terminate a Service at our discretion under the following conditions:
(a) If a Fixed Term is not specified in your application, we reserve the right to terminate the agreement by providing you with reasonable notice of at least 30 days.
(b) If a Fixed Term is specified in your application:
We may terminate the agreement at any time after the expiration of the Fixed Term by giving you at least 30 days’ notice, or
With your consent, we may terminate the agreement during the Fixed Term.
If we offer to transition you to a reasonably comparable alternative Service for the remaining duration of the Fixed Term, and we make reasonable efforts to mitigate any significant adverse effects resulting from the transition, we may terminate the agreement during the Fixed Term.
(c) If we determine, in our reasonable discretion, that it is not technically, commercially, or operationally feasible to provide the Service to you before the scheduled start date, we reserve the right to terminate the agreement.
What Occurs Following Restriction, Suspension, or Cancellation
21.1 Fees Incurred after Restriction, Suspension, or Cancellation
(a) If we restrict, suspend, or cancel a Service for reasons outlined in clause 20.3 (External factors cause us to restrict, suspend or cancel):
We will not impose a disconnection or reconnection fee, and
You are entitled to a refund of the unused portion of any advance payments made in accordance (Refunds and credits).
(b) Notwithstanding our rights under the Agreement or as per the law, if we restrict, suspend, or cancel the Service due to reasons specified in clause 20.2 (Your actions cause us to restrict, suspend or cancel), you will be required to pay:
A disconnection fee,
If Service reconnection is agreed upon, a reconnection fee,
Any applicable Early Termination Fee, and
All other Fees incurred until the time-of-Service termination.
21.2 Security Deposits
(a) Following an assessment of your credit status concerning the applied-for Service, we may request you to provide a security deposit.
(b) The security deposit amount is determined by:
The value of any Equipment under your possession for which full payment hasn’t been made, and
Our reasonable estimation of the sum needed to mitigate our risk exposure.
(c) The security deposit may be utilized to settle any outstanding Fees owed to us or to indemnify against any losses or expenses incurred due to your breach of the Agreement.
(d) Prior to accessing the security deposit, we will notify you and grant you a period of 5 Business Days to settle the amounts instead of accessing the security deposit.
In the event of partial utilization of the security deposit, you are obliged to replenish it within 7 days of our request.
Interest accrual on the security deposit is not applicable to you.
(e) Any unused portion of a security deposit will be refunded to you within 5 Business Days after the cessation of the relevant Service.
21.3 After Service Termination
In the event of termination of a Service by either party:
(a) You remain liable for Fees pertaining to Services rendered up to the point of cancellation or termination.
(b) You are required to:
Cease usage of the Service and any Equipment owned by us or any Supplier.
Allow us to retrieve any Equipment owned by us or any Supplier, or any Purchased Equipment for which full payment hasn’t been made.
(c) We reserve the right to erase your data from any storage media. You are responsible for the backup of your data.
21.4 Month-to-Month Payment
Continuing monthly fees for your Service and Plan are required, payable upfront each month. The Service operates on a month-to-month basis until either party decides to terminate as per our Agreement.
Upon initially ordering our Services, you make an upfront payment for the first month and agree to our AutoPay terms. The payment month commences upon activation of your Service or Extra.
Subsequent to the first month, your Service or Extra fees are managed through automatic upfront monthly AutoPay payments on the designated monthly payment date. This date corresponds to the activation date of your Service or Extra and remains consistent each month.
In cases where the activation date falls on a day that doesn’t occur in every month (e.g., the 31st), the monthly payment date alternates between the first and last days of subsequent months.
If you currently have existing Services being paid for through AutoPay and you add another Service, the initial monthly payment for the new Service will commence on the upcoming AutoPay monthly payment date for your existing Service, following the connection of your new Service.
For existing Services for which you receive a bill, upon adding another Service, the first monthly payment for the new Service will begin on the first day of your billing cycle for your existing Service, subsequent to the connection of your new Service.
22. Restatement
Unless indicated otherwise:
(a) Any mention of a person encompasses a corporation, association, joint venture, unincorporated body, partnership, government, local authority, agency, or other entity.
(b) Any reference to a document or instrument includes it in its novated, altered, supplemented, or replaced forms over time.
(c) The singular form encompasses the plural, and vice versa.
(d) Any reference to legislation or its provisions includes any modification, re-enactment, or substitution of such legislation or provisions.
(e) If an expression is defined, other parts of speech or grammatical forms of that expression hold corresponding meanings.
(f) Any agreement, representation, or warranty made for the benefit of two or more persons is for their joint benefit and also for each of them individually.
(g) Any mention of a recital, clause, paragraph, schedule, or annexure refers to those within these General Terms, and a reference to these General Terms includes any attached schedules or annexures.
(h) Any mention of dollars or $ refers to Australian currency.
(i) Headings are provided for convenience and do not alter the interpretation of the Agreement.
(j) Specifying anything in the Agreement after the words ‘including’, ‘includes’, ‘for example’, or similar expressions does not restrict what else is included unless explicitly stated otherwise.
