Terms & Conditions
Wirefreebroadband Pty Ltd Standard Terms and Conditions
1. Definitions In these terms and conditions:
"Wirefreebroadband Pty Ltd" means Wirefreebroadband Pty Ltd (ACN: 131 514 406). "The Customer" means the person, company, association, partnership, or any other entity described in the Application Form. "Service" means the service or services provided by Wirefreebroadband Pty Ltd to the Customer including access to the Internet, computer and communication resources, disk storage facilities and any other services contracted between Wirefreebroadband Pty Ltd and the Customer as specified in the Application Form (including without limitation the provision of software)." Application Form" means the document or form in which the Customer applies for the Service from Wirefreebroadband Pty Ltd. "Charges" means those charges payable from time to time by the Customer to Wirefreebroadband Pty Ltd for provision of the Service. "Force Majeure" means an act, omission or circumstance over which Wirefreebroadband Pty Ltd could not have reasonably exercised control.2. Agreement
2.1 This Agreement is constituted by the Application
Form and the conditions as set out here. This Agreement constitutes
the full and entire understanding between the parties with regard to
the Agreement and supersedes all prior agreements and representations
between the parties.
2.2 Neither the Agreement nor any term of it may be
amended or any term waived except in writing signed by the parties.
3. Term
3.1 This Agreement commences upon Wirefreebroadband
Pty Ltd accepting the Customer's application for the service and is
in force until terminated by either Wirefreebroadband Pty Ltd or the
Customer giving Wirefreebroadband Pty Ltd thirty (30) days written notice;
or where a minimum contract period is specified in the Application Form,
the Agreement shall be in force for the minimum period and then continue
until it is terminated by either Wirefreebroadband Pty Ltd or the Customer
giving Wirefreebroadband Pty Ltd thirty (30) days written notice.
3.2 Wirefreebroadband Pty Ltd may without notice terminate
this Agreement and the service at any time and without prejudice to
any accrued rights of Wirefreebroadband Pty Ltd under the Agreement.
4. Payment and Charges
4.1 The Customer agrees to pay the Charges as described
in the Application Form.
4.2 The Customer may be required to select a Charge
plan or fee structure in the Application Form and if permitted by Wirefreebroadband
Pty Ltd may request to change the Charge plan from time to time by following
the procedures on the Wirefreebroadband Pty Ltd web site or by requesting
the change in writing, including electronic email.
4.3 The Customer is responsible for and will pay any
Charges generated as a result of any use of the Service accessed through
the Customer's username (login-name).
4.4 The Customer agrees to pay any excess charges incurred
through use of the Service.
4.5 The Customer shall pay the Charges by credit card,
cheque, cash, or by other arrangement as shall be agreed.
4.6 Wirefreebroadband Pty Ltd may review the Charges
from time to time and such Charges, once reviewed, shall be the Charges
payable by the Customer to Wirefreebroadband Pty Ltd for the provision
of the Service for the period commencing thirty (30) days after notification
of the reviewed Charges.
4.7 If the Agreement is terminated by the customer
within the minimum contracted period specified in the Application Form,
Wirefreebroadband Pty Ltd has, without limitation to any other right
or remedy of Wirefreebroadband Pty Ltd, the right to charge the Customer
for the balance of the minimum contract period.
4.8 Any Initial setup fee is not refundable.
4.9 Any goods provided remain the property of Wirefreebroadband
Pty Ltd until fully paid for by the Customer.
5. Domain Name Registration
5.1 Wirefreebroadband Pty Ltd shall act as your agent
in relation to the registration of any domain name on your behalf and
the Customer hereby agrees to the standard terms and conditions of any
registry offering such registration.
6. Indemnity
6.1 The Customer indemnifies and shall keep indemnified Wirefreebroadband
Pty Ltd from and against all actions, claims, suits, demands, liabilities,
losses, costs and expenses arising out of or in any way connected with
the use of the Service by the Customer.
7. Force Majeure
7.1 Wirefreebroadband Pty Ltd shall not be liable for any delay or failure
to perform its obligations if such a failure or delay is due to Force
Majeure.
8. Notices
8.1 Any notice to be served on either party by the other shall be in
writing and shall be sent by hand delivery, post, facsimile or electronic
mail to the address in the Application Form or to such other address
as any party may specify to the other.
9. Customer Responsibilities
9.1 The Customer must provide the telephone line, computer,
software, modem, or other communication resource required to connect
to Wirefreebroadband Pty Ltd, unless otherwise contracted with Wirefreebroadband
Pty Ltd.
9.2 The Customer is responsible and must pay for the
cost of telephone calls from the Customer telephone to the Wirefreebroadband
Pty Ltd network.
9.3 The Customer must ensure that the Service is not used
(a) for any illegal or fraudulent activities;
(b) in a way which interferes with other users or defames or harasses
another person;
(c) to distribute unsolicited electronic mail, pornography, or pirated
software
9.4 Wirefreebroadband Pty Ltd may suspend the Customer's access to the
Service for non payment of charges, for misuse or abuse. What constitutes
misuse or abuse of the Service is determined by Wirefreebroadband Pty
Ltd at its absolute discretion. The Customer is not entitled to a credit
or refund for loss of access during the suspension period.
9.5 It is the responsibility of the Customer to monitor
their usage during the month.
9.6 The customer must use the Service in accordance
with WireFreeBroadBand Pty Ltd standard rules.
10. Limitation of Liability and Exclusion of Warranties
10.1 The Service is provided without warranties of
any kind, either express or implied, other than those warranties implied
into this agreement by legislation such as the Trade Practices Act and
which cannot be excluded. Neither Wirefreebroadband Pty Ltd nor anyone
else involved in creating, producing or delivering the service shall
be liable for any direct, indirect, special or consequential damages
arising out of the supply or use of the Service or inability to use
the Service or any breach of any warranty, and where such liability
cannot be excluded liability is limited, at the option of Wirefreebroadband
Pty Ltd, to the resupply or cost of resupply of the Service.
10.2 The provisions of this clause will survive any
termination of this Agreement.
11. Miscellaneous
11.1 The Customer must be 18 years of age or older.
11.2 If any provision of this Agreement shall be held
by a court of competent jurisdiction to be illegal, invalid or unenforceable
such provision shall be reformed only to the extent necessary to make
it enforceable, and such decision shall not affect the enforceability
(a) of such provision under other circumstances or (b) of the remaining
provisions hereof under all circumstances.
1.1 11.3 The benefit of this Agreement shall not be dealt with in any
way by the Customer (whether by assignment, novation, sub-licensing
or otherwise) without Wirefreebroadband Pty Ltd's written consent.
11.4 Wirefreebroadband Pty Ltd may vary any conditions of this Agreement
at any time by giving thirty days notice to the Customer. If the Customer
continues to use the Service after such notice, this will constitute
acceptance of the variation by the Customer.
11.5 The Agreement is governed by the laws in force in the State of
Victoria and the parties hereby agree to submit to the jurisdiction
of the Courts of that State.
Wirefreebroadband Pty Ltd Additional Wireless Terms and Conditions
Definitions
In these terms and conditions:
"Wirefreebroadband Pty Ltd" means Wirefreebroadband Pty Ltd
ACN: 131 514 406).
‘Agreement’ means the Agreement for the provision of the
Services between Wirefreebroadband Pty Ltd and the Customer, comprising
in their order of precedence, these
Terms and Conditions, the Wirefreebroadband Pty Ltd Standard Terms and
Conditions, the Application for Service, the relevant Service Level
and any other document incorporated by reference or agreed in writing
by the parties.
‘Application for Services’ means the application document
signed by the Customer, which is attached to this Agreement setting
out the description of the Service.
‘Carrier’ means a carrier as defined in the Telecommunications
Act 1997 (Cth).
‘Confidential Information’ means all information and all
other knowledge relating to Wirefreebroadband Pty Ltd and its suppliers,
Wirefreebroadband Pty Ltd and its supplier’s products or Services
or the terms of this Agreement
including the technology and design of the system, the way the Services
are implemented, the personnel, policies and business strategies of
Wirefreebroadband Pty Ltd or its supplier and the terms of the servicing
contract (including pricing) which comes into the possession of the
Customer from any source, or information which is treated by Wirefreebroadband
Pty Ltd as confidential regardless of its form, or which is designated
by its nature as confidential, but excluding information that is in
the public domain or which may be obtained from Wirefreebroadband Pty
Ltd without restriction.
‘Customer’ means the person or entity whose name appears
on the Application for Service.
‘Customer Premises’ means those premises set out in the
Application for Service to which Wirefreebroadband Pty Ltd will supply
the Service under this Agreement.
‘Equipment’ means any equipment as supplied by Wirefreebroadband
Pty Ltd or its supplier.
‘Other Supplier’ means a Carrier, a telecommunications carriage
service provider or an equipment supplier other than Wirefreebroadband
Pty Ltd as the case may be.
‘Minimum Period’ means the minimum term of this Agreement
specified in the Application for Service or in the relevant price list.
‘Service Access Line’ means the dedicated access line between
the Customer Premises and Wirefreebroadband Pty Ltd or Customer Premises
and an Wirefreebroadband Pty Ltd supplier or between two or more Customer
Premises, used in the connection with the Services.
‘Service Levels’ means the Service levels specified in the
relevant published or agreed Service Level Agreement. ‘Service
Level Agreement’ means a standard service level as published by
Wirefreebroadband Pty Ltd from time to time or a customised service
level agreement in writing and signed by the parties.
‘Service’ means the provision of a dedicated access line
or leased line to the Customer as detailed in the Application for Service
and such other services agreed between Wirefreebroadband Pty Ltd and
the Customer from time to time.
1 SERVICES
1.1 Provision of Services:
Wirefreebroadband Pty Ltd agrees to supply and the Customer agrees to
acquire the Services in accordance with the terms of this Agreement.
The Customer acknowledges Wirefreebroadband Pty Ltd may, without the
consent of the Customer, engage individuals on a subcontract or consultancy
basis whether or not operating under a corporate structure to perform
or partly perform the Services pursuant to this Agreement.
1.2 Service Levels.
Wirefreebroadband Pty Ltd will use its best endeavors to provide the
Services at the Service Levels.
1.3 Suspension and or Alternation of Service:
Wirefreebroadband Pty Ltd reserves the right to suspend or downgrade
the provision of the Services, without liability to the Customer: if:
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1.3.1 Wirefreebroadband Pty Ltd is required to perform
maintenance or other service work in connection with the Service Access
Line or its network or systems; or
1.3.2 Wirefreebroadband Pty Ltd is required to comply
with a request from a government agency or emergency service organisation.
2 TERM
2.1 Commencement of Services:
Before commencing the Services Wirefreebroadband Pty Ltd, at its cost,
may need to modify or install necessary equipment to Wirefreebroadband
Pty Ltd’s reasonable satisfaction and make arrangements with Other
Suppliers for the provision of the Services.
3 TERMINATION
3.1 During Contract Period:
The standard conditions apply with the exception if the SLA is exceeded
more that 2 times in any Calendar year. Should this apply, the customer
must request Termination within 60 days of the event.
3.2 Post Contract Period:
Each contract will continue for the minimum contract period signed and then, the contract will be auto renewed on a year to year basis. The contract can be terminated with a minimum 30 days' notice in writing before the contract end date and the balance months left on the contract has to be paid in full.
4 Billing
4.1 Billing:
Billing will be monthly in advance for the Service Fee and Monthly Usage
Fee. Excess Usage will be billed in arrears.
5 SLA
5.1 The Standard Service Level agreement for this service is 99.9%. Wirefreebroadband Pty Ltd agrees to credit the monthly access charge (usage charges will still apply) should the SLA drop below 99.5% in any one month.
6 Data Usage
6.1The Customer may alter the minimum monthly Data usage by giving 30
days notice in writing.
7 Transferring Customer Accounts
7.1 Transferring from the Current Supplier to Wirefreebroadband
Pty Ltd:
If in providing Services Wirefreebroadband Pty Ltd needs to change the
Customer’s arrangements with the Customer’s Other Supplier,
the Customer consents to the following procedures: -
7.1.1 The Customer authorises Wirefreebroadband Pty
Ltd to advise the Customer’s Other Services that the Services
("the Transferred Services") are to be provided by Wirefreebroadband
Pty Ltd in place of the Other Supplier and to sign on the Customer’s
behalf and in the Customer’s name forms of authority to the Customer’s
Other Supplier to transfer the provision of the Services to Wirefreebroadband
Pty Ltd;
7.1.2 If Wirefreebroadband Pty Ltd requests, the Customer
will give written instructions to the Customer’s Other Supplier
to transfer the Services from the Customer’s name to Wirefreebroadband
Pty Ltd
7.1.3 The Customer will immediately pay to the Other
Supplier all amounts owing for the transferred services including alteration
of charges, which the Other Supplier may demand up to the time of transfer
of those amounts;
7.1.4 Within 7 working days of Wirefreebroadband Pty
Ltd request the Customer will provide Wirefreebroadband Pty Ltd with
a written list of all amounts, which the Customer presently owes to
the Other Supplier in relation to their Services;
7.1.5 The Customer authorises Wirefreebroadband Pty
Ltd to, at Wirefreebroadband Pty Ltd’s discretion, resolve all
disputes between the Customer’s and the Other Supplier about charges
owed
by the Customer. The Customer will settle all disputes with the Other
Supplier in accordance with such resolution and at Wirefreebroadband
Pty Ltd’s discretion, authorises Wirefreebroadband Pty Ltd to immediately
pay the Other Supplier on the Customer’s behalf;
7.1.6 If Wirefreebroadband Pty Ltd pays or credits
any amount to the Other Supplier, then, the Customer will indemnify
and reimburse Wirefreebroadband Pty Ltd for that amount;
7.1.7 If the Other Supplier credits Wirefreebroadband
Pty Ltd with any amount concerning the Transferred Services Wirefreebroadband
Pty Ltd will credit that amount to the Customer.
7.2 Transferring from Wirefreebroadband Pty Ltd to any Other
Supplier:
If the Customer requests Wirefreebroadband Pty Ltd to transfer Services
provided to the Customer to any Other Supplier, the Customer remains
liable to Wirefreebroadband Pty Ltd for the amount payable for the Service
up to the time when Wirefreebroadband Pty Ltd transfers those accounts
to any Other Supplier. The Customer shall be liable for any payment
due for the Minimum Period.
7.3 Termination of Services:
Wirefreebroadband Pty Ltd’s Services to the Customer will cease
when Wirefreebroadband Pty Ltd transfers those accounts to any Other
Supplier.
7.4 Billing:
Wirefreebroadband Pty Ltd will bill the Customer for the Services and
any other charges including but not limited to fees payable to any Other
Supplier within the following billing period or as soon as those charges
become apparent to Wirefreebroadband Pty Ltd.
8 Carrier Services
8.1 Customer Equipment:
Customer must ensure that any equipment it uses in connection with the
Service has all necessary regulatory approvals, is not prohibited by
the Australian Communications Authority
("ACA"), complies with all applicable regulatory standards
and is capable of operating with the Service. If there are faults with
the equipment causing interference with the Services,
Wirefreebroadband Pty Ltd may require the Customer to stop using and
disconnect the equipment until the problem is fixed. Where the Customer
fails to comply with such a request within
seven (7) days of the request being made, Wirefreebroadband Pty Ltd
may suspend or terminate this Agreement and the Customer shall be liable
for any payment due for the Minimum Period.
9 Wirefreebroadband Pty Ltd Equipment Supplied Equipment & Services
9.1 Property:
If Wirefreebroadband Pty Ltd or supplier provides any item of equipment
("the Equipment"), to the Customer other than by sale, then:
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9.1.1 The Equipment always remains the property of
Wirefreebroadband Pty Ltd or its supplier;
9.1.2 The Customer will ensure that, it has all necessary
consents and approvals (including landlord approval where applicable)
necessary or desirable for Wirefreebroadband Pty Ltd to
deliver, install and maintain the Equipment at the Customer Premises;
9.1.3 The Customer will not part with possession of
the Equipment except to Wirefreebroadband Pty Ltd and will comply with
all reasonable directions of Wirefreebroadband Pty Ltd relating Wirefreebroadband
Pty Ltd’s or its supplier’s rights of ownership of the Equipment;
and
9.1.4 The Customer will bear all risk in relation to
the Equipment located at the Customer Premises, and will insure the
Equipment as reasonably required by Wirefreebroadband Pty Ltd.
9.2 Change of Equipment:
Wirefreebroadband Pty Ltd may at any time and from time to time change,
modify or service the equipment.
9.3 Access:
The Customer will allow and will ensure that representations of Wirefreebroadband
Pty Ltd have full and unhindered access to the Equipment during normal
business hours or at such other
times as Customer and Wirefreebroadband Pty Ltd mutually agree. This
right of access will not end until the Equipment is returned to Wirefreebroadband
Pty Ltd, even if this Agreement has terminated.
9.4 Interference:
The Customer will make certain that the Equipment used in providing
Services will not be altered repaired, serviced or moved except by service
personnel approved by Wirefreebroadband Pty Ltd.
9.5 Power Supply:
The Customer will provide a suitable physical environment at the Customer
Premises for the storage and operation of the Equipment. This will include
ensuring that an adequate power supply for the operation of the Equipment
used will be available.
10 Confidentiality
10.1 Confidential Information:
Wirefreebroadband Pty Ltd retains all property rights in the Confidential
Information.
10.2 Non-Disclosure:
The Customer will keep all Confidential Information confidential and
will not allow it to be recorded or copied in any way.
10.3 Use of Confidential Information:
The Customer will not use Confidential Information which the Customer
acquires from Wirefreebroadband Pty Ltd or its supplier for any purpose
which may cause Wirefreebroadband Pty Ltd or its supplier loss, whether
by way of damage to Wirefreebroadband Pty Ltd’s or its supplier’s
reputation, financial loss, or otherwise.