Netspace Customer Terms Edition 12 July 2007
Part 1 – Introduction
1. Welcome
Welcome to Netspace Customer Terms. These are Our standard terms of business. (We may also refer to them as ‘Our Standard Form of Agreement’ or ‘SFoA’.) There’s an index at the end to help You find things.
2. It’s not so complicated
Netspace Customer Terms cover a wide range of services and goods, so it’s quite a long document. But many parts of it are only relevant to You if You obtain a particular service or goods from Us. You can ignore the rest. We have done Our best to make it easy to understand which parts are relevant to which Services.
3. A general outline
Netspace Customer Terms is made up of numbered ‘Parts’ – like this. Part 3 contains Our ‘Core Terms’. These apply to all Our Services and Contracts. Several of the other Parts are ‘Service Terms’. They only apply to certain Services and Contracts. For instance, Our ‘Local Call Service Terms’ apply if You obtain a local telephone call Service from us. Part 13 includes very important information about consumer rights. Each Part begins with an explanation of what it applies to.
4. Some legal information
Netspace Customer Terms are a ‘Standard Form of Agreement’ under section 479 of the Telecommunications Act 1997. That means that they automatically operate as the terms between Us and You, whenever We supply You with services or goods.
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(Exception: see clause 9 if You are a Carrier or Carriage Service Provider.) If We agree in writing to vary any terms by Special Conditions, that is part of Your Contract. Otherwise, Netspace Customer Terms apply as You see them here. Netspace Customer Terms are the entire contract between Us and You. No other promise, representation, condition, term or provision forms part of it, except for any that are implied by law and cannot lawfully be excluded.
5. Information Accessibility
Please note that:
• Our Customer Assistance Line telephone number is 131 456. • The National Relay Service telephone number is 133 677. • The Translating & Interpreting Service telephone number is 131 450.
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Part 2 – Contracts Code: Important terms
6. About ‘important terms’
All Netspace Customer Terms are important, and they apply as stated to Your Contract. However, the Contracts Code asks Us to highlight certain kinds of ‘important terms’. Here’s a quick guide to finding them in Our Core Terms. The type colour in the list below is used to mark those kinds of terms in the Core Terms:
6.1. the types of charges that apply to the supply of the relevant goods or services
6.2. the amount of the charges or their manner of calculation for the relevant goods or services and any circumstance or condition that must exist before a charge becomes payable
6.3. payment obligations (including time for payment, minimum payments and late payment fees)
6.4. the term of the Contract (including any minimum term) and how it may be terminated early, renewed or extended (including any notice periods)
6.5. the termination rights of each party (including any notice periods or fees and charges payable upon early termination)
6.6. how the Contract may be amended or varied (including the minimum period of notice before the variations take effect, how Consumers will be notified of the variations) and any rights for the Consumer to exit the Contract that may arise
6.7. how Consumers may obtain or access a copy of amended or varied terms or a complete up-to-date copy of the Contract
6.8. terms which impose liabilities upon the Consumer in addition to the obligation to pay fees and charges such as liability for damage to equipment or goods or charges for loss or failure to return Supplier property (e.g., SIM cards)
6.9. terms which impose conditions or restrictions which may apply to use of a service (e.g., limits on call volumes or downloads)
6.10. privacy terms and conditions
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Colour-coding is purely a general guide for convenience, and does not limit the operation of Netspace Customer Terms in any way.
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Part 3 – Core Terms
7. Services, Service Schedules and Plans
7.1. We supply a range of Services.
7.2. All Services are subject to these Core Terms.
7.3. Each category of Service is also subject to one or more Service Schedules that particularly relate to that category. e.g. Internet Service is subject to Our Internet Service Schedule, and Local Calls Service is subject to Our Local Calls Service Schedule.
7.4. Services are available in a range of Plans, with specific features, entitlements, Charges, conditions and Contract Terms.
7.5. Some Services are only available on Application (e.g. post- paid Internet Access). Others do not require an Application (e.g. prepaid international phone cards).
7.6. We may notify You of other conditions e.g. in the terms of an advertised offer.
7.7. In unusual cases, We may agree in writing with You on Special Conditions that apply to Your Contract.
8. Your Contract with Us
When We supply You with a Service, it is under a Contract that consists of:
• any Special Conditions • any other conditions We notify to You • Your Application • the applicable Plan • applicable Service Schedule/s, and • these Core Terms. A document higher on that list prevails over a lower document where they are inconsistent.
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Contracts Code: If a term in a Plan or Service Schedule is contrary to the Contracts Code, it must be read so that it complies with the Code.
9. If You are a Carrier or Carriage Service Provider
9.1. Standard Forms of Agreement do not apply to a Carrier or CSP by virtue of the Act.
9.2. However, if You are a Carrier or CSP, Netspace Customer Terms apply by virtue of being Our standard terms of business.
10. When Netspace Customer Terms come into force
10.1. Each edition of Netspace Customer Terms is identified by the date it comes into force (at 12.01 a.m.).
10.2. Edition 22 August 2006 comes into force at 12.01 a.m. on 22 August 2006.
10.3. It applies to all Fixed Term Contracts and Renewals that start after that time.
10.4. It applies to applies to all Monthly Contracts from the start of their next Billing Period.
11. Netspace Complete acceptable use policy
Your use of the Service is subject to the Optus DSL Acceptable Use Policy (which Optus refers to as Appendix H to its Standard Form of Agreement).
12. Applying for Service (1): When We’ll provide Service
We will supply You with Service if:
12.1. You apply on Our current application form (if any) for the Service,
12.2. You complete the application form (if any) properly,
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12.3. You supply all the information We need to provide the Service,
12.4. You, Your Premises and equipment satisfy any Service Requirements for the Service,
12.5. We have capacity to provide the Service,
12.6. You satisfy Our credit policy,
12.7. You comply with Netspace Customer Terms, and
12.8. We agree to provide the Service – but We can waive any of those requirements at any time, in Our absolute discretion.
13. Applying for Service (2): Oral, etc, applications
13.1. We may not necessarily require an application form.
13.2. If We choose, We may receive Your application orally, electronically, or by other means.
14. Applying for Service (3): General
14.1. We do not have to accept any application.
14.2. You appoint Us as Your agent to do anything (including executing all documents) necessary or desirable for Us to provide Service to You, including the exercise of any customer authorisation necessary to port, transfer, cancel or otherwise deal with a telephone number or a service supplied by another supplier.
15. Resellers
15.1. We may permit various people to market and supply or recommend Our Services (‘Resellers’).
15.2. A reseller may be:
• Our agent or an independent contractor, • paid on a commission basis, • entitled to collect payment of Bills on Our behalf.
15.3. If You acquire entitlements to a Service from a reseller, Netspace Customer Terms apply to the supply.
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16. When a Contract starts and ends
16.1. A Contract for a Prepaid Service starts when We accept Your payment.
16.2. A Contract for any other Service starts when We accept Your application.
16.3. Your Service may not start immediately. We may have to make arrangements to provision it. We shall keep You reasonably informed. The fact that Service has not yet started does not mean You can elect not to proceed with Your Contract. Not proceeding counts as early termination.
16.4. A Contract ends as per Netspace Customer Terms.
17. Upgrade Offers
If:
• We offer You additional Feature/s or allowance/s to those in Your existing Contract (‘Upgrade Offer’), and
• We also allow You to decline to accept Our offer and continue Your Contract unchanged, and
• You take up Our offer by commencing use any of the additional Feature/s or allowance/s – then You commence a new Contract on the same terms as Your old one except that:
• it includes the additional Feature/s or allowance/s, and • the Term is: o if the Upgrade Offer specifies it – the original Term of Your old Contract, but otherwise
o the remaining part of the Term of Your old Contract.
18. Service Requirements
18.1. A ‘Service Requirement’ is something that You need to supply or ensure in order for Us to be able to provide a Service.
• For instance: dial up internet access requires that You have a suitable dial up modem. Unless a Plan states that We will supply a modem, You are solely responsible for providing and maintaining a suitable modem.
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• Another example: one DSL Wholesaler will only provide DSL service to premises where there is an active telephone service, provided via its network. If We provide You with a DSL Service using that Wholesaler’s network, You must ensure at all times that such a telephone service is active.
18.2. If at any time You do not satisfy a Service Requirement, We do not have to provide Service to You. Indeed, it may be technically or legally impossible for Us to do so.
19. Product Codes
19.1. We may give to any Service or Plan an arbitrary identifier that We call a ‘Product Code’.
19.2. If a Service or Plan has a Product Code, You must quote it when ordering, and when communicating with Us about it.
19.3. We are not responsible for the consequences if You quote an incorrect Product Code.
20. Charges & payment (1): Kinds of Charge
We have various kinds of Charge, including:
20.1. Set Up Charges e.g. a one-off Charge when You start on an Internet Plan,
20.2. Periodic Charges e.g. a fixed monthly Charge for an ADSL Plan,
20.3. Usage Charges e.g. a Charge per call made on a Local Call Plan,
20.4. Prepaid Charges e.g. a Charge for call credit on a Mobile Telephone Plan,
20.5. Call Connection Charges e.g. a Charge incurred when a telephone call connects
20.6. Miscellaneous Charges e.g. a Charge for providing a second copy of a Bill, and any Charge that an applicable code, regulation, determination or law specifically allows Us to make,
20.7. Third Party Charges e.g. an amount We must pay to an Wholesaler to install a second telephone line in Your Premises,
20.8. Goods Charges e.g. the price of a modem We sell to You –
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and other Charges that We state as part of Our Price List, Service Schedules, Plans or advertisements.
21. Charges & payment (2): Prices
21.1. Our Prices are as stated on Our web site (or otherwise notified to You) when You use a Service – subject to clause 25.
21.2. Our current Prices at any time are referred to as Our ‘Price List’.
22. Charges & payment (3): Rack Rates
22.1. A ‘Rack Rate’ for a Service is a Price that We describe as such, or as a ‘standard rate’ or a ‘basic rate’.
22.2. If no other Price applies to a Service, the Rack Rate is the Price.
22.3. If:
• a Plan for a Service is subject to certain conditions (e.g. that You Preselect Us for Long Distance Calls and Calls to Mobiles), and
• those conditions are not satisfied (e.g. You do not Preselect Us, or You stop Preselecting Us) – We may charge You the Rack Rate for the Service.
23. Charges & payment (4): Spot Priced Services
23.1. We may designate (and un-designate) a Service as a Spot Priced Service.
23.2. Spot Priced Services will be resupplied or rebilled Services where Our buy price or other third party charges can vary with little or no notice.
23.3. International telephone calls and international roaming are Spot Priced Services.
24. Charges & payment (5): Varying Prices
24.1. Subject to clause 25, We may vary a Price (which includes adding a new Charge or changing the basis on which Charges
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are calculated) at any time, by Notice to You or by publishing the new Price on Our web site.
24.2. A change in Prices has no retrospective effect.
24.3. A certificate by Us as to the Prices that applied at any time is deemed to be correct unless You prove it to be wrong.
Contracts Code: re clause 24.3 – This does not apply in the case of any legal proceedings.
25. Charges & payment (6): Varying Prices – exceptions
If You have a Fixed Term Contract, a Price change only applies to You if:
25.1. it relates to a Spot Priced Service, or
25.2. it passes on a new or increased tax, or
25.3. We give Notice to that it applies to You.
Contracts Code: re clauses 24 & 25 – a Price rise applies to You if (but only if) one or more of the following also applies: • Your Contract is not a Fixed Term Contract. • Your Contract is a Monthly Contract. • We comply with the Change Rules. • It is a change in the Price of international telephone calls or international roaming. These are subject to variation. Please check Our web site to confirm Prices before calling. • It is for a tax imposed by law. • It is for a Charge for an ancillary service such as a billing fee or credit card transaction fee and We also offer You (a) a reasonable alternative at no additional Charge or (b) the right to terminate the Contract without incurring Charges other than usage and network access Charges up to the end of the Contract. • It applies to a content service or premium service that We rely on a third party to provide the and results from an increase in third party’s price to Us provided that (a) the price of the content or premium service is stated at the time it is offered with a statement that the price may change; (b) within a reasonable period of any proposed increase We provide reasonable notice to You if You have used the content service within the previous six months; and (c) We permit You to elect
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not to use the content or premium service without attracting any additional Charges. • It results from an amendment to Our contract with a Wholesaler of Your Service and We comply with the Change Rules. • It is likely to have no worse than a minor detrimental impact on You.
26. Charges & payment (7): When We can Bill
26.1. Your ‘Billing Period’ is the period between Bills. Our standard Billing Period is monthly, but reserve the right to vary it.
26.2. We can Bill a part-period e.g. to align Your Billing Period with the first day of each month.
26.3. We may Bill for Charges as follows:
Type of Charge: payable:
• Set Up Charge immediately
• Periodic Charge 14 days before the start of the period it relates to
• Usage Charge at the end of each Billing Period
• Prepaid Charge when You buy a Prepaid Service
• Call Connection at the end of each Billing Period Charge
• Miscellaneous at the end of each Billing Period Charge
• Third Party Charge immediately
• Goods Charge when or before We despatch the goods
26.4. In any case, We may Bill You for any Service We have provided.
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27. Charges & payment (8): How We can send You a Bill
27.1. You agree that You can incur a Charge without Us issuing any invoice, statement or Bill.
27.2. Alternatively, We may choose not to provide an invoice, statement or Bill for a Service.
27.3. You agree that We need not offer payment by mail as a payment method for any Service, including a Standard Telephone Service.
27.4. If We do provide an invoice, statement or Bill for a Service, We can send it to You in the same way as any other Notice, including via Your Account Page.
28. Charges & payment (9): Extra Charges for Bills and information
We may charge You an extra Charge if:
• You request extra information about Your Bill or Charges, or • You ask Us to deliver a Bill by a method that is not Our standard method.
Billing Code: re clause 28 – We will only make such a Charge when and as permitted by the Billing Code e.g. We will not levy it without first informing You of the amount or how it will be calculated.
29. Charges & payment (10): When You must pay
29.1. Where Direct Debit applies:
• We may debit any Charge when it is Billed or Billable, and • if the payment is honoured, the Charge has been paid.
29.2. If any Bill is overdue for payment, You must pay that Bill and any other Bill immediately.
29.3. In any other case, You must pay a Bill within 10 days after its Bill Date.
30. Charges & payment (11): How You can Pay
30.1. You must pay by Direct Debit where required.
30.2. If a Plan specifies or allows a payment method, that applies.
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30.3. In any other case, You may pay:
• by a credit card We accept, • by cheque, as long as it is honoured on first presentation, or
• by cash, as long as it reaches Our Head Office safely.
31. Charges & payment (12): Direct Debit
31.1. We do not require Direct Debit for Prepaid Services. Otherwise, You must give Us Direct Debit for Charges unless:
• a Plan offers another payment option, or • We agree in writing to another payment option. Even then, We may later require Direct Debit if:
• We give You 60 days’ notice, or • any Charges are more than 14 days overdue.
31.2. If Direct Debit is required:
• it is a precondition to supply of Service to You, and • We may suspend Service if it is not maintained.
Contracts Code: re clause 31.2 – We will not suspend all Services under a Contract indefinitely. If a suspension continues for 14 days, We will terminate Your Contract or lift the suspension within another 30 days.
31.3. You must not cause to be reversed any Direct Debit payment to Us, unless You have Our prior written approval. Otherwise, You must pay Our reasonable costs (including legal fees if necessary) of reinstating the transaction.
32. Charges & payment (13): Late payment
If a Bill is not paid on time:
32.1. You are in breach of Your Contract, and
32.2. We may also charge:
• interest at 16.5% a year with monthly rests from the Bill Date until it is paid in full, or
• $25 (or an amount specified in the relevant Service Schedule or Plan) –
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and any collection fees and expenses that We incur.
33. Charges & payment (14): Late Billing
33.1. We may late Bill.
33.2. Our policy on Late Billing is that We shall only do so up to 190 days in arrears.
34. Charges & payment (15): Out-of-pocket expenses
34.1. We may notify You that, in order to supply a Service, We need to incur some out-of pocket expense that is not included in other Charges. In that case We will not supply that Service unless You make satisfactory arrangements to pay or reimburse that expense.
34.2. We notify You that a Wholesaler may charge Us if You report a fault and there was no such fault, or the fault lies with equipment for which the Wholesaler is not responsible, or if You contact the Wholesaler directly. You must pay or reimburse all such amounts.
34.3. In the case of any expense or amount that this clause 34 applies to, We may charge You a margin or administration fee up to $25.
35. Charges & payment (16): GST
35.1. In this clause, an expression within a pair of asterisks means the same thing as in the GST Act.
35.2. Our Prices are taken to be GST inclusive unless they are expressed to be ‘GST exclusive’, ‘+ GST’ or similar.
35.3. Where any amount is GST inclusive, it is the gross amount, inclusive of any GST payable in respect of any *taxable supply* for which that amount is paid. Otherwise:
• The *consideration* payable by You represents the *value* of any *taxable supply* for which payment is to be made.
• If We make a *taxable supply* for a *consideration*, which represents its *value*, then You must pay immediately the amount of any GST payable in respect of the *taxable supply*.
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35.4. If these terms require You to pay, reimburse or contribute to an amount paid or payable by Us in respect of an *acquisition* of a *taxable supply* from a third party, the amount You must pay, reimburse or contribute will be the value of the *acquisition* by Us less any *input tax credit* to which We are entitled plus, if Our recovery from You is a *taxable supply*, any GST payable under this clause.
35.5. We may recover any GST payable under this clause in the same manner as Our Charges.
36. Charges & payments (17): Disputes
36.1. Our records of what You owe Us are deemed to be right unless You show them to be wrong.
Contracts Code: re clause 36.1 – This does not apply in the case of any legal proceedings.
36.2. If You dispute a Bill, You must pay it on time. We shall credit You if it is later determined that You are entitled to a credit.
Complaints Code: re clause 36.2 – You may defer payment of a genuinely disputed amount while Your Complaint is being investigated but:
• We can require written evidence that Your dispute is genuine, • You must still pay all undisputed portions, and • if We determine that some or all of the disputed portion is payable, You must pay that amount within 5 days. Credit Code: re clause 36.2 – We will not take credit management action in relation to a genuinely disputed amount while it is being investigated by Us, the TIO or a relevant recognised agency but:
• We can require written evidence that Your dispute is genuine, • You must still pay any undisputed portion, and • if it is determined that some or all of the disputed portion is payable, You must pay that amount within 5 days.
37. Charges & payments (18): Third party services
37.1. Using a Service may depend on You having goods or services supplied by third parties. For instance:
• In order to use an dial up internet Service, You must have a telephone line, and Your modem will make calls using it.
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• In order to use a Local Call Service, You must have a suitable handset.
37.2. You are solely responsible for the costs of all third party goods and services, including:
• any telephone charges that You incur while using a Service or contacting Us (e.g. to get support),
• understanding what those charges will be, • ensuring that You do not inadvertently incur charges (for instance, by having equipment set up to automatically redial after idle time disconnection, unless You intend that),
• ensuring that You dial the most appropriate exchange, and
• paying any call-out or maintenance charges imposed by Your telephone company as a result of a call that You make to it (unless We request You in writing to make the call, and agree in writing to pay the charges).
37.3. You might also use a Service to access third party services that attract charges (e.g. a telephone-based social introductions agency or a subscription-based web newspaper). You are solely responsible for paying those charges.
37.4. You are also solely responsible for payment for any other goods or services You acquire from third parties (e.g. fees paid to Your computer consultant).
38. Charges & payments (19): Unauthorised use by You
If You use a Service by means of someone else’s account without their permission, then You are an Unauthorised User, and apart from any other rights We (or the account holder) may have:
38.1. You must pay Us a Charge for that usage equal to twenty times Our current Rack Rate for that usage, and
38.2. You must pay Us any costs or expenses that We incur identifying and billing and collecting payment from You.
39. Charges & payments (20): Unauthorised use of Your account
You are responsible for, and must pay for, all use of Your account.
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40. Charges & payments (21): Billing agents
40.1. We may Bill You using a billing agent (which may be another company in Our group).
40.2. Payment to Our Billing Agent equals payment to Us.
40.3. Failure to pay Our Billing Agent equals failure to pay Us.
41. Charges & payments (22): Breaking Bundles
If You Break a Bundle, We may Bill You as stated in clause 55.3.
42. Charges & payments (23): Calls to Mobiles
42.1. Our Prices for Calls to Mobiles are always quoted on the basis that the mobile telephone You are calling has its home network in Australia and is located in Australia when You call.
42.2. We cannot necessarily know when a mobile telephone is outside its home network. If it is, an extra Charge may apply.
43. Plans & Terms (1): About Plans
43.1. A Plan is a set of specific Features, entitlements, Charges, conditions and Contract Term that We offer for a Service.
43.2. A Plan only includes the Basic Features and entitlements described in the Plan plus any Optional Features You are entitled to.
43.3. Unless a Plan states otherwise, it does not include supply, set up or maintenance of or usage charges in respect of Your equipment, software or telephone line.
43.4. A Plan does not include any Feature, allowance or discount that is described as a bonus, even if the bonus is described in the same place as the Plan.
44. Plans & Terms (2): Changing Plans
44.1. We do not have to allow You to change Plans during a Fixed Term Contract, but We may choose to let You do so if You agree to pay:
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• any costs or expenses We throw away as a result of the change (which includes any amount under clause 78.5), and
• a changeover Charge (which will depend on the particular circumstances; We shall notify You of the amount if You request to change Plans), and
• an administrative Charge up to $25.
44.2. To change Plans, You must give use at least 14 days’ notice before the next Billing Period starts.
44.3. If You change Plans, You begin a new Contract on Netspace Customer Terms in force at the time.
44.4. If You change Plans, retention of telephone numbers, email addresses and other Service particulars is subject to technical feasibility (e.g. it may not be possible to retain a geographical telephone number if switching to a nomadic service.)
45. Plans & Terms (3): About Terms
45.1. If a Plan is ‘Casual’, there is no fixed Term. You can stop incurring any Charges just by stopping using the Service.
45.2. Otherwise, each Plan has a ‘Term’ i.e. a period that You must keep paying Our Charges for.
45.3. If a Plan has a ‘Minimum Term’ or a ‘Plan Period’:
• You are under a Contract and must pay the Fixed Charges for the Plan for that period except where Netspace Customer Terms or the law expressly allows You to end the Contract early.
• You may end the Contract as at the end of the Minimum Term or Plan Period by giving Us 30 days prior written notice.
• We may end the Contract as at the end of the Minimum Term or Plan Period by giving You prior written notice.
• If You or We don’t end the Contract as at the end of the Minimum Term or Plan Period, the Contract automatically becomes a Monthly Contract for a month at a time.
45.4. You can end a Monthly Contract by giving Us 30 days prior written notice.
45.5. We can end a Monthly Contract by giving You prior written notice.
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Contracts Code: re clauses 45.3 and 45.5 – We will give You at least 30 days notice in the form the Contracts Code requires, and either refund any unexpired prepaid credits or, if You agree, apply them for use on another Service.
45.6. For Services that We designate as Annual Services, clause 54 applies.
45.7. Note that related Services may have different Terms e.g. a Line Rental Service might be a Monthly Contract, and Preselected Services for Long Distance Calls and Calls to Mobiles on that line might be a 24 month Contract.
46. Plans & Terms (4): Bonuses
46.1. From time to time, We may notify You that a bonus allowance, Feature or discount is available to You. For instance, We might say that SMS messages are half price on Australia Day, as a bonus.
46.2. We do not promise, and We are not obliged, to offer any new bonus or continue any current bonus. We can grant and terminate bonuses in Our absolute discretion, on 24 hours notice.
46.3. You are deemed to have notice of termination of a bonus 24 hours after We publish notice of its termination on Our web site. Before using a Service assuming that a bonus still applies, it is Your sole responsibility to check to see that it does.
46.4. A bonus is a gratuitous, free extra or discount. It never forms part of Your entitlements under a Contract, and the termination of a bonus is not a derogation from a Service or an increase in Charges.
46.5. You must assess Our Plans and their value to You on the basis that any past, current or possible future bonus is to be disregarded.
47. Plans & Terms (5): Special Offers
We may make special offers for Services available to You for a limited period, where the terms of the special offer are clearly stated and the terms that apply after the special offer expires form part of the Contract for the Service.
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48. Plans & Terms (6): Peak & Off-peak
48.1. A Plan may specify certain days and / or times as ‘Peak’ or ‘Off-peak’.
48.2. Different Prices, entitlements or terms may apply in Peak and Off-peak periods. The Plan will indicate how that applies in each case.
48.3. We may Bill You, and Your Contract operates, accordingly.
49. Plans & Terms (7): Periodic Entitlements
49.1. A Plan may include the right to use a certain amount of a Service during a certain period. e.g. An Internet Plan might let You download a gigabyte of data each month at no extra cost. e.g. A Local Call Plan might let You make 20 Local Calls a month at no extra cost. We call these kinds of things ‘Periodic Entitlements’.
49.2. Unused Periodic Entitlements do not carry forward and are not redeemable for cash or other credit.
49.3. If You exceed the Periodic Entitlement, further Charges may apply. Your Plan and the Price List will give details.
50. Plans & Terms (8): Volume-based Pricing
50.1. A Plan may include discounted Prices on the basis that You will use a minimum amount of the Service.
50.2. If You don’t use the minimum amount, We may Bill (at Our option):
• the non-discounted Price, or • the Charge applicable to the minimum amount.
51. Plans & Terms (9): Commercial and non-commercial Plans
51.1. A Plan is a Commercial Plan if We offer it as such, or as a ‘business’ plan or account. Otherwise, it is a non-Commercial Plan, which We also refer to as a ‘home’ or ‘hobbyist’ plan or account.
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51.2. A Commercial Plan may be used for commercial purposes. A non-Commercial Plan may not.
51.3. If You use a non-Commercial Plan for commercial purposes, We may Bill You, at Our option, in accordance with Our Charges for Our most similar Commercial Plan, even if that involves back-billing up to 6 months.
52. Plans & Terms (10): Prepaid Plans
For a Prepaid Plan:
52.1. prepayments are not redeemable for cash or other credit,
52.2. the Plan may specify a ‘Use-by Date’ i.e. a period after which any prepaid entitlements that are not used are expired without refund. Unless a Plan specifies otherwise, a Use-By Date of one year applies to all Prepaid Plans,
52.3. prepayments are not transferable between Plans – if You change Plans, there is no credit for unused entitlements (unless the Plan states otherwise),
52.4. We may fix minimum and/or maximum prepayments that You may make, and
52.5. when Your prepaid entitlements are used up We may deny Service. We are not responsible for the consequences of Service denial.
53. Plans & Terms (11): Designated Hours Plans
53.1. A Designated Hours Plan is one that permits You to use a Service during hours and on days that We designate (e.g. a ‘business hours account’).
53.2. If You use the Service outside the designated hours, We may Bill You at the Rack Rate for the extra usage.
54. Plans & Terms (12): Annual Services
54.1. There are some Services that We only offer for a year at a time – ‘Annual Services’. They will be designated as such.
54.2. Annual Services include most web hosting or domain hosting services. You could be severely inconvenienced if You overlook renewing Your Contract for such Services e.g. Your web site may be shut down.
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54.3. To protect You against an Annual Service being discontinued due to Your oversight in failing to renew, these special rules apply to them:
• In the final month of the Annual Service, We will invoice You for the following year at the then current Price.
• If You do not notify Us within that final month that You do not want to renew, We will Bill the invoice and renew Your Contract.
• Within 30 days after Your new Contract starts, You may cancel it by 7 days’ notice to Us. We will then rebate to You the Charge for the new Contract, less the Daily Rate for each day until it was cancelled.
55. Plans & Terms (13): Bundles
55.1. We may offer a group of Services as a package (‘Bundle’) for a discounted total Price (compared to the Prices that would apply if You acquired the same Services not as a Bundle). e.g. We might offer Bundled ‘Home phone + Internet Access + DVD Rental for $59.95 a month’ where Our Price for the individual Services would be $69.95 a month.
55.2. Each Service in a Bundle is subject to a separate but dependant Contract and may have its own Term. Netspace Customer Terms, Our Plans and / or advertising (as appropriate) will say when that applies.
55.3. If You stop acquiring any Service in a Bundle:
• You have ‘Broken’ the Bundle, and • We may Bill You at Rack Rates for the remaining Service/s.
56. Plans & Terms (14): Preselection
56.1. ‘Preselection’ refers to a situation where Your equipment can use the same, or a similar, service through Us and another supplier, and You set the equipment up such that it will use Our Service by default. For instance, if You Preselect Our Preselected Services, then a Long Distance Call or Call to Mobile call placed from that telephone will be placed via Our Network unless You dial an override code that causes it to be placed via another supplier’s service.
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56.2. Some of Our Prices and Plans offers depend on You ‘Preselecting’ Us. e.g. ‘Free handset if You preselect Netspace long distance for one year.’ Unless the offer says otherwise, this means that You are only entitled to the free handset if You Preselect Us as Your normal long distance telephone carrier, and maintain that Preselection, for one year. If not, We can Bill You for the handset.
56.3. If a Bundle, Plan or its Pricing require that You Preselect one or more of Our Services, and You don’t do so (or You stop doing so) We may Bill You at Rack Rates for all the Services in that Bundle or Plan. e.g. If We supply a Local Call Service and Line Rental Service on condition that You Preselect Our Long Distance Call and Calls to Mobile Services, but You don’t do so, We can charge Rack Rates for the Local Call Service, the Line Rental Service, and any calls made using Our Long Distance Call and Calls to Mobile Services.
57. Rewards
57.1. We may offer You a reward or benefit on some condition being satisfied (e.g. that You have introduced a genuine first- time customer to Us). If We do:
• We may make reasonable enquiries to check that the condition was in fact satisfied, and
• if it appears that the condition was not satisfied, We may refuse or reverse the reward or benefit.
57.2. We do not have to give a reason for refusing or reversing a reward or benefit if giving the reason would disclose personal information about a third party.
57.3. We may attach conditions to a reward or benefit in Our absolute discretion, such as requiring a reward or benefit to be redeemed or used within a time period, or requiring Your account to be connected or in good standing.
57.4. Any rewards or benefits may be reversed or cancelled if You cease to acquire the Service/s they applied to.
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58. Commissions
We may pay a commission to:
• any of Our employees, agents, contractors or other representatives,
• the employees, agents, contractors or other representatives of any company in Our group – in connection with a Service to You.
59. Goods
59.1. If We supply You with goods:
• they are at Your risk from the time they are delivered to You,
• if We supply them by way of invoiced sale, they belong to You when You have paid for them in full,
• if We supply them on terms that You own them after remaining on a Plan for a certain time, they belong to You when You have completed that time and paid all Charges due to Us in respect of them – and otherwise, all goods that We supply belong solely to Us.
59.2. If You have not yet paid in full for any goods We sell You and then fail to pay any other Charges due for payment to us, We may debit the amount owed, including the balance of price of the goods, against any Direct Debit to which We have recourse.
59.3. For the purposes of clause 59.2, the balance owed in respect of any goods We sell is Our current undiscounted list price of those goods as at the date of supply less any payments already specifically made on account of the purchase of those goods.
59.4. If goods are delivered to Your Premises to a person apparently 13 years or older or apparently employed or living there, they are deemed to have been delivered to You.
59.5. If We supply You with goods, then until either:
• they belong to You; or • You have returned them to Us in the same order and condition (fair wear and tear excepted) as when they were supplied to You, together with all its cables,
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adapters, power supplies, packaging and other accessories – You must:
• keep them safe, • insure them for their full replacement value, and provide Us with evidence of insurance on request,
• keep them properly maintained (unless We undertake in writing to maintain them),
• except for a purpose permitted by Netspace Customer Terms, not allow them to be removed from Your Premises,
• not do or permit anything that would void any applicable warranty,
• notify Us promptly of any damage to or loss of them, • tell Us on request where they are, • permit Us to inspect them at Your Premises on reasonable notice,
• produce them for inspection at Our Head Office on reasonable notice, and
• indemnify Us against any breach of those obligations.
59.6. You must pay all any outstanding payments for goods We sell You, even if the goods are lost, stolen or damaged.
60. Licensed software
If We or a Wholesaler provide You with any software, You may only use it in accordance with its licence terms as notified to You from time to time.
61. Acceptable Use Policies (1): Power to make
61.1. We may publish one or more Acceptable Use Policies for a Service.
61.2. An Acceptable Use Policy:
• will be supplementary to Netspace Customer Terms, • will be directed towards ensuring that the Service is used reasonably, fairly and lawfully, and
• forms part of Netspace Customer Terms.
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61.3. If We have reason to believe that You are breaching, or have recently breached, an Acceptable Use Policy, We may suspend Service to You while We investigate the matter.
Contracts Code: Clause 61.3 – We will only suspend Service if We actually consider there is breach of the Acceptable Use Policy or if there are reasonable grounds for suspecting fraud or illegal conduct in relation to the Service.
62. Acceptable Use Policies (2): general policy
Every Acceptable Use Policy is deemed to include the following rules:
62.1. You must not deliberately or carelessly do anything which damages Our equipment, Our Network software, setup or services, or compromises their security.
62.2. You must not use a Service:
• to annoy, harass or harm any person, • in any way that exposes Us or You to civil liability, • for any unlawful purpose or in any unlawful manner, • to commit any fraud or other crime.
62.3. You must keep safe and confidential any access numbers, codes or passwords We allot to You and notify Us without delay of any disclosure of those things.
63. Acceptable Use Policies (3): Spam
The Acceptable Use Policy (Spam) in Part 12 applies to You.
64. Your cooperation
64.1. You must give Us all reasonable cooperation that We require in order to provide a Service to You, and fixing any problems that arise, and resolving any disputes that may arise or complaints that You may have.
64.2. We may ask You to stop doing something which We reasonably believe breaches Netspace Customer Terms or an Acceptable Use Policy. You must immediately comply with Our request. Otherwise, We may take any steps reasonably necessary to enforce the request.
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64.3. You acknowledge that, where a Service is a carriage service within the meaning of the Telecommunications Act, We or a Wholesaler may:
• be required to intercept communications over the Service, and
• monitor usage of the Service and communications over it.
65. Material You store on Our Network
We may delete without notice to You any material found on Our Network that is unauthorised, unlawful, obscene, excessive in volume, uncollected for an excessive period, in an unauthorised place, or dangerous, and We may delete from Our Network any computer file We see fit without giving notice or any reason, and without liability to You.
66. Service quality (1): Basic service
66.1. We do not guarantee that Services:
• will operate or be available continuously; • be fault free; or • will operate at their theoretical maximum speed or capacity – but We will use reasonable commercial endeavours to supply them to a fair and reasonable standard.
66.2. Telecommunications services involve many facilities and networks that are operated by third parties beyond Our control. We are not responsible for the performance, reliability or standards of those facilities or networks.
67. Service quality (2): Other external factors
67.1. We notify You that a range of circumstances that are beyond Our reasonable control may hinder You from using a Service as You intend. For instance, water affecting Your telephone line may prevent You from connecting to Us by modem, or may result in slow or unreliable data transfer, or frequent disconnection.
67.2. We are not responsible for those kinds of things, and normal Charges apply despite them.
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68. Service quality (3): Service levels
68.1. Only certain Commercial Plans offer target levels of service (‘Service Levels’).
68.2. Only Plans that specify Service Level Rebates can entitle You to such rebates.
68.3. To qualify for a Service Level Rebate, You must first have:
• paid on time all Charges that would have been payable if Service Levels had been delivered, and
• complied with any process and timeframes (including fault reporting) that We have specified.
68.4. We are never obliged to give a rebate or refund of any kind unless:
• a Plan states otherwise and You have complied with clause 68.3, or
• the law requires it.
69. Credit management (1): Guarantees and security
69.1. We can make supply of Service conditional on You giving Us, and maintaining, security and / or third party guarantees to Our reasonable satisfaction.
69.2. If We become entitled to suspend or terminate Service, We may make the resumption of Service conditional on You giving Us, and maintaining, security and / or third party guarantees to Our reasonable satisfaction.
69.3. We notify You that We may use a security payment to offset any undisputed amount that You owe Us.
Contracts Code: re clause 69.2: We will only require security if there are reasonable grounds to believe You are a credit risk.
70. Credit management (2): Credit reports
70.1. Acknowledgment and authority that credit information may be given to a credit reporting agency You acknowledge that Section 18E (8) (c) of the Privacy Act 1988 allows Us to give a credit reporting agency certain personal information about You, and You authorise Us to do so. The information which may be given to a credit reporting
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agency is listed by Section 18E (1) of the Privacy Act and includes:
• the fact that You have applied for credit, and the amount, • the fact that We are a credit provider to You, • payments which become overdue more than 60 days, • advice that payments are no longer overdue, • in specified circumstances, that in Our opinion, You have committed a serious credit infringement,
• that the credit provided to You by Us has been discharged.
70.2. Authority for Us to obtain certain credit information If You apply to Us for personal or commercial credit, You authorise Us:
• to obtain from a credit reporting agency a credit report containing personal credit information about You in relation to personal credit provided by Us,
• to obtain from a credit reporting agency a credit report containing personal credit information about You in relation to commercial credit provided by Us,
• to obtain a report containing information about Your commercial activities or commercial creditworthiness from a business which provides information about the commercial creditworthiness of a person in relation to personal credit provided by Us,
• to obtain a report from a credit reporting agency and other information in relation to Your commercial credit activities.
70.3. Authority to exchange information with other credit providers In accordance with Section 18N(1)(b) of the Privacy Act, You authorise Us to give to and obtain from credit providers named in this credit application and credit providers that may be named in a credit report issued by a credit reporting agency, information about Your credit arrangements. You acknowledge that this information can include any information about Your creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act 1988. You acknowledge that the information may be used for the following purposes:
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• to assess Your application, • to assist You to avoid defaulting on Your credit obligations,
• to notify other credit providers of a default by You, • to assess Your creditworthiness.
71. Credit management (3): Unusual usage
71.1. We are not obliged to monitor or notify You about unusual usage of a Service by You, but We may choose to do so.
71.2. If We notice an unusually high usage, We may ask You to make an advance deposit to ensure Charges are paid and:
• You must pay it, and • if Your Account is on Direct Debit, We may debit the advance deposit.
71.3. If:
• We are not satisfied that unusual usage is by Your authority, or
• You fail to pay an advance deposit when asked – We may suspend or limit Service.
Contracts Code: re clause 71.3 – We will not suspend all Services under a Contract indefinitely. If a suspension continues for 14 days, We will terminate Your Contract or lift the suspension within another 30 days.
72. Credit management (4): Services You acquire for others
If You enter a Contract where You will not be the main actual user of the Service (e.g. You arrange an Internet Service for Your children):
72.1. You are responsible for all use of the Service and all Charges incurred under the Contract.
72.2. If You give anyone else sufficient information about Your Service (e.g. by giving them Your user name, password or other credentials), they may be able:
• to uncap or unlimit it any cap or limits that apply to it, • to change Plans,
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• to disconnect Service, and • to do anything else that You could do. You should treat all information that allows control of Your Account as top secret.
72.3. Internet and telephone Services can be used to buy goods and services from third parties e.g. ring tones for mobile phones. You may be liable for debts incurred to these third parties.
73. Termination & suspension (1): Early termination by Us
We may terminate a Contract, or suspend or limit Service in Our sole discretion if, in relation to that or any other Contract or Service:
• You fail to pay Us any money that is due, • You threaten not to pay Us money that You owe Us, or will owe Us in the future,
• You cause to be reversed any Direct Debit payment to Us (except with Our prior written agreement);
• You are in material breach, • You become insolvent, • We reasonably believe that You have vacated Your Premises without notice to Us,
• We reasonably consider that it is desirable to do so to facilitate network maintenance or to protect Our network from harm,
• it becomes technically infeasible for Us to continue Service, • You use the Service in a way that places unreasonable demands on Our network,
• We are unable to obtain access to Your Premises as required under Netspace Customer Terms,
• there is an emergency that warrants it, • You have told Us that You no longer require the Service, • We become entitled to suspend the Service, and the suspension continues for more than a month,
• You are, or become, a carrier or carriage service provider under the Telecommunications Act (and We did not agree to provide You with Service despite that), or
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• in any other circumstances stated elsewhere in Netspace Customer terms.
Contracts Code: Clause 73 – We will only terminate Service under this clause if (a) there is a material breach (b) there is evidence to suggest fraud or other illegal conduct in relation to the Service (c) an Acceptable Use Policy provides for it or (d) where termination is based on breach of another Contract: (i) the Contracts are not separate and independent or (ii) there are reasonable grounds for believing You are a credit risk. We will only suspend or limit Service under this clause if (a) there is a material breach of Your Contract (b) there are reasonable grounds to suspect fraud or other illegal conduct in relation to the Service (c) an Acceptable Use Policy provides for it (d) there are reasonable grounds for believing You represent a credit risk in relation to the Service and We take reasonable steps to give You notice of the suspension or rationing or (e) where suspension or rationing is based on breach of another Contract: (i) the Contracts are not separate and independent or (ii) there are reasonable grounds for believing You are a credit risk. We will not suspend all Services under a Contract indefinitely. If a suspension continues for 14 days, We will terminate Your Contract or lift the suspension within another 30 days.
74. Termination & suspension (2): Other events
74.1. We may terminate a Contract or suspend or restrict Service under the Contract:
• for Your non-payment of Bills by their due date or a later date if agreed by You and Us, or
• if We assess that You or Your Account status present an unacceptably high credit risk to Us, or
• if We reasonably suspect fraud or attempted fraud. We may charge a reconnection Charge following action under this clause unless it resulted from Our mistake.
74.2. We may terminate a Contract or suspend performance of Our obligations under the Contract if You die or become bankrupt, insolvent or subject to a winding-up order or similar insolvency event, if We have a reasonable belief that We are unlikely to receive or retain payments for amounts due and payable by You under the Contract.
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74.3. We may suspend or restrict the supply Service if there are reasonable grounds for believing:
• a threat or risk exists to the security of the Service or the integrity of any network, or
• the provision of the Service may cause death, personal injury or damage to property.
74.4. We may suspend or restrict Service in cases of emergency, including for the provision of support to emergency and other essential services.
74.5. We may terminate a Contract or suspend or limit or vary performance of Our obligations under it to comply with:
• legislative or regulatory requirements, or • the order of a court or lawful direction of a competent authority – to the extent the legislative or regulatory requirements or order or direction unavoidably requires Us to do so.
74.6. We may suspend, intercept or terminate a service in order to comply with a warrant or other court order, or as otherwise required or authorised by law.
74.7. We may terminate or expire any Service or component of a Services that has not been used for six months but:
• if We do so, and You have paid for the Service or component in advance, We will give You a credit or rebate of the advance if You apply within one month of termination or expiry, and
• We will not terminate or expire a Prepaid Service for lack of usage before the expiry date of Prepaid Charges.
Contracts Code: re clause 74 – We will not suspend all Services under a Contract indefinitely. If a suspension continues for 14 days, We will terminate Your Contract or lift the suspension within another 30 days.
75. Termination & suspension (3): Post-contract
If a Contract ends:
75.1. Our obligations to You under that Contract are at an end,
75.2. We may Bill You for any Services We have not yet invoiced and all other amounts We are entitled to under the Contract,
75.3. all Bills are payable immediately,
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Contracts Code: re clause 75.3 – We shall notify You of a due date for amounts that constitute early termination fees or previously unbilled Charges. It will allow a reasonable period.
75.4. You must return to Us, without delay, any of Our equipment under Your control,
75.5. any cause of action that either of us had against the other predating the termination is not affected,
75.6. the limitations of Our liability, and Our rights of indemnity, under Netspace Customer Terms continue,
75.7. no other Contract is affected unless We also terminate it,
Contracts Code: Clause 75.7 – We will only terminate a Contract solely on the basis of a breach of another Contract if the Contracts are not separate and independent.
75.8. for as long as You fail to return to Us in good working order any property of Ours that You hold (e.g. a modem that We rent as part of a Plan, or equipment that You are buying from us but have not fully paid for), We may continue to charge You all Fixed Charges that would have accrued under the Contract, or at Our option, We may invoice You for the current list price of the property – and otherwise, that Contract is at an end for all purposes.
76. Termination & suspension (4): Suspension
If We suspend Service because:
76.1. You materially breach Your Contract for the Service,
76.2. You request the suspension,
76.3. of a system or network outage for an insignificant period,
76.4. We have reasonable grounds to believe You represent a credit risk in relation to that Service – then:
76.5. You must still pay Us all Charges that would have been payable if Service had not been suspended,
76.6. time under the Contract continues to run (e.g. if Your Contract is for a year, and Service is suspended for a month, that month is used up under the Contract), and
76.7. apart from any other rights We may have, We may terminate the Contract if the suspension continues for 14 days.
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Contracts Code: re clause 76 – We will not suspend all Services under a Contract indefinitely. If a suspension continues for 14 days, We will terminate Your Contract or lift the suspension within another 30 days.
77. Termination & suspension (5): Payout
If We terminate a Contract:
77.1. We may immediately Bill You for unbilled Charges to date.
77.2. We may continue to Bill You as if the Contract had not been terminated (but without any obligation to supply Service) through to the time when the Contract would have ended in the normal course.
77.3. Alternatively to clause 77.2, We may immediately Bill You a lump sum representing the present value of payments under clause 77.2.
77.4. If We have supplied You with goods for which You have not paid the standard list in full, We may Bill You for Our current list price of the goods, less any payments You have already made towards their purchase.
77.5. Our rights under this clause are in addition to, and not instead of, any other rights We may have arising out of Your breach of a Contract or Our termination of a Contract.
Contracts Code: re clause 77 – We shall notify You of a due date for amounts that constitute early termination fees or previously unbilled Charges. It will allow a reasonable period.
78. Termination & suspension (6): Early termination by You
78.1. You are not entitled to simply choose to terminate a Contract during its Minimum Term, unless Netspace Customer Terms or the law says otherwise.
78.2. Our Plans are priced on the basis that You will complete Your Contract.
78.3. Where You are entitled to terminate Your Contract early, We may Bill You for:
• any outstanding amounts for installation costs or equipment that can be used in connection with services provided by other suppliers (including amounts under clause 78.5), and
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• usage or network access charges incurred up to the date on which the Contract ends.
78.4. If We agree that You may terminate it early in any other circumstances, We may Bill You:
• Our estimated resulting loss of revenue, • any applicable amounts under clause 78.5, and • an administration Charge of up to $25, • usage or network access charges incurred up to the date on which the Contract ends, and
• any other Charge (including an early termination Charge) that is specified in the applicable Plan or the Price List.
78.5. Some of Our Plans discount or waive normal equipment or installation costs (e.g. include a free modem or zero set up fees) in exchange for a certain Minimum Term. If You want to terminate a Contract under such a Plan early (and We agree that You may do so), We may Bill You an additional Charge for those items as follows:
• Step 1: Calculate the period that You remain on the Contract.
• Step 2: Note Our Charges for the items had You originally signed up for that period.
• Step 3: We may Bill You for that amount, less anything You have already paid for the items.
• Step 4: Add any Charge specified in the applicable Plan or the Price List in the circumstances.
• Example: o You sign up for $10 modem / $10 set up on a 24 month Plan.
o You exit Plan after 12 months. o Pricing for 12 month Plan would have been $120 modem / $50 set up.
o Amount You owe is ($120 + $50) – ($10 + $10) = $150.
Contracts Code: re clause 78 – We shall notify You of a due date for amounts that constitute early termination fees or previously unbilled Charges. It will allow a reasonable period.
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79. When Your Plan entitlements have expired
79.1. Your Plan entitlements expire if:
• Your Contract ends, • under a Prepaid Plan, Your Prepaid Credit is ‘nil’, • under a Prepaid Plan, Your Prepaid Credit is too little to pay for any Service (e.g. below the minimum cost of a phone call on that Plan),
• Your entitlements were tied to a time limit and were not consumed within that period –
o e.g. an Internet Plan may entitle You to download a GB per month – any unused part of that entitlement expires at the end of the month,
o e.g. a prepaid phone card may be valid for a year – any unused Prepaid Credit expires after that year.
79.2. When Your entitlements expire, We are not obliged to continue Service to You. For example, We are not obliged:
• to continue to send email for You, • to continue to receive or store voicemail sent to You, • to keep Your web site online, • to retain Your material on Our web servers – We may delete it.
79.3. It is solely Your responsibility to back up any of Your material stored on Our web servers, and download all Your email, voicemail, etc and make any alternative service arrangements You want, before Your Plan entitlements expire.
80. Technical operations (1): Means of Service
80.1. The technical means by which We provide Service are entirely up to Us.
80.2. We can change them if We or a Wholesaler think it desirable.
80.3. We are not obliged to provide Service by particular or specific technical means. For instance, there is no defect in a Service just because:
• We do (or don’t) use transparent proxies or caching technology,
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• We present web pages using proprietary extensions, • We only offer set up disks, or instructions, advice or support for the most popular operating systems, or
• of any technical change that does not impact on the majority of Our customers – and that does not suit You.
81. Technical operations (2): Alterations at Your request
81.1. If You want any change made to the technical or other set up of a Service, We are not obliged to agree in any circumstances, but if We agree to consider doing so:
• You must ask us in writing, signed by someone with authority to request the change,
• You must give us ample notice, • We are not obliged to comply if it is not technically feasible for Us to do so, or might cause harm or inconvenience to anyone, or is contrary to Our operational preferences,
• We may charge a reasonable fee for doing so, and • You release Us from any liability for any direct or indirect consequence of the change.
81.2. If We do not respond in writing to a request for such a change, Our answer is taken to be ‘No’.
81.3. If We make the change, but at any time afterwards consider its consequences to be detrimental or inconvenient to Us, We may vary or reverse the change without liability to You.
82. Technical operations (3): Network changes
82.1. We are entitled to reconfigure Our Network and system set up as We see fit. For instance, We may change the IP addresses of Our computers, or Our Wholesaler/s, or otherwise.
82.2. We shall inform You of any relevant changes, and what typically needs to be done to accommodate them.
82.3. It is solely Your responsibility, at Your cost, to accommodate the changes.
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83. Technical operations (4): Security
83.1. We are not providing You with security services. You are solely responsible for Your own security.
83.2. If We consider that there is any unacceptable threat to the security or reliability of Our network, We may take any step We reasonably consider desirable to mitigate it, without notice or liability to You.
84. Technical operations (5): Compatible software
84.1. Using Our Services may depend on software that You provide e.g. You may need a web browser to view Our web site or an FTP client to upload files to Our web server.
84.2. Our policy is to be compatible with a variety of software programs but:
• We are not obliged to support or to continue to support any particular software or version of software,
• You are responsible for obtaining and using software that is, and stays, compatible with Our Services and systems.
84.3. If We choose, We may specify on Our web site software that We do, or do not, maintain compatibility with from time to time.
85. Technical operations (6): supported equipment and supported software
85.1. We may recommend certain kinds or standards of equipment and / or hardware for use with a Service.
85.2. You are free to use equipment or software that is not recommended, unless:
• there is some legal reason why You should not do so, or • doing so would breach some other term of Your Contract – but if You do so, We notify You that:
• We cannot comment on the suitability or performance of that equipment or software, and
• Our support staff may not be able to assist You in relation to any problems You may have that involve that equipment or software.
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86. Technical operations (7): Equipment used with a Service
86.1. You must ensure that all equipment You use in connection with a service and the way it is used complies with:
• all laws, • all governmental and regulatory directions, • all notices issued under any law, and • Our reasonable directions.
86.2. We may disconnect equipment that breaches clause 86.1.
87. Technical operations (7): Wholesaler directions
87.1. Many of Our Services are provided through Wholesalers.
87.2. We notify You that Wholesalers often retain unilateral powers to vary the terms of their supply of wholesale services to Us and / or to require Us to ensure that You do or do not do some thing.
87.3. If We notify You of some requirement that arises from a Wholesaler’s direction or requirement, You must comply with that requirement.
88. Faults and support requests (1): Reporting
88.1. You must make a note of Our help desk phone number in case You cannot access it online.
88.2. If there is a fault with a Service, You may report it to Our help desk during Our help desk hours on the phone number published for it on Our web site, or in any other way indicated on Our web site.
88.3. If You need support for Service, You may request it from Our help desk during Our help desk hours on the phone number published for it on Our web site or in any other way indicated on Our web site.
88.4. If We make a certain help desk number available or email address only for particular Plans or particular customers, You must only use the number or email address applicable to You.
88.5. You must wait a reasonable period before calling Our help desk, to ensure that a fault is not transient or self-correcting.
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88.6. You must make reasonable efforts to solve Your own support problems before calling Our help desk.
88.7. You must not use Our help desk as a general computer support service.
88.8. You must treat Our help desk staff courteously.
89. Faults and support requests (2): Repairing
89.1. We will repair faults within Our Network.
89.2. Unless a Plan expressly states otherwise, We are not responsible for repairing any fault in a Service where arising in or caused by:
• an Outside Network, • goods without a current warranty from Us.
89.3. Where:
• We become aware of a significant fault in an Outside Network, and
• We are not responsible for repairing it – We will notify the operator of the Outside Network and request that it correct it, but We have no further liability or responsibility.
90. Complaints procedures
90.1. Our Complaint Handling Procedures are available at www.netspace.net.au/pdfs/sfoa/complaints_policy.pdf or Telephone Our Customer Assistance Line on 131 456 for a printed copy.
90.2. We may Bill You a reasonable complaint handling Charge.
Complaints Code: We will not impose a complaint handling Charge unless (a) We can justify that the investigative / handling process for a complaint is sufficiently onerous on Us (b) We have referred to You and discussed it with You (c) We have informed You of the Charge in writing (d) We have provided You with the option to (i) pursue the complaint and pay the Charge (ii) discontinue the complaint or (iii) take the matter to the TIO.
90.3. If You wish to make a complaint, You should report it to Our help desk in the same manner as a fault.
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90.4. If Your complaint is not resolved within 7 days, You should ask Our help desk to refer it to their supervisor.
90.5. If We request written details of Your complaint, You must provide them.
90.6. Our help desk supervisor will address the complaint, or pass it on to an officer of the company if appropriate.
90.7. We will inform You about the progress of Your complaint by email if possible.
90.8. You are also entitled to make a complaint to the TIO and possibly to the Consumer Affairs office (however described) in Your state. We ask that You notify us before You do so, so that We have the opportunity to try to resolve Your complaint at that stage.
91. Current versions of these core terms and service schedules
The current official version of Netspace Customer Terms is the one currently published on Our web site at any time.
92. Cached and saved copies of documents
When You view or rely on a document or information that is published on Our web site, You are responsible for ensuring that You are looking at the current version, and not an out-of-date or cached version.
93. Reorganising Our web site
93.1. We may reorganise or redesign Our web site from time to time. If that involves relocating any web page referred to in Netspace Customer Terms, then they are taken to refer to the relocated page.
93.2. If You are unable to find a relocated page, You should call Our help desk, and Our staff will assist You.
94. New versions of these core terms or a service schedule
94.1. We can publish a new version of Netspace Customer Terms:
• at any time,
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• by publishing the new version on Our web site.
94.2. A new version applies to:
• all Fixed Term Contracts and Renewals that start after it is published, (Note that this includes Fixed terms Contracts where You accept an Upgrade Offer after the new version is published – see clause 17.)
• all Monthly Contracts from the start of their next Billing Period.
94.3. A new version does not affect any Fixed Term Contract that started before it was published unless it states that it applies to them, and:
• We have complied with the Change Rules, or • the Change Rules otherwise permit. In that case, the new version also applies to those Contracts.
95. A new version does not limit or affect …
A new version of Netspace Customer Terms never limits or affects:
95.1. Our rights and Your rights that arose from any breach of an earlier version,
95.2. Our right to be paid for any Service/s already supplied, or
95.3. Our accrued rights under any indemnity We are entitled to under the earlier version.
96. Change Rules
96.1. The ‘Change Rules’ means the Telecommunications (Standard Form of Agreement Information) Determination 2006: Section 11 (where it applies).
Contracts Code: re clause 96.1 – The Change Rules also include the Contracts Code: Sections 6.2(j), 6.3(n), 6.3(o), 6.3(p), 6.3(q), 6.3(r), 6.3(s) and 6.3(t) (where they apply).
96.2. If a Change Rule ceases to be in force, it is no longer a Change Rule.
96.3. If a Change Rule is amended or replaced, the amended or replacement version applies instead of the original one.
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97. Basis of Your instructions to us
97.1. In dealing with Us, there are many things that You might do by telephone or other oral instruction, request or notification, or by email or through a web site, or through an employee or other representative.
97.2. We are never liable to You for anything We do in good faith on the basis of such an instruction, request or notification. We are never obliged to verify the actual authority of a person who purports to act on Your behalf.
97.3. If We ask for Your written confirmation of or further details about any instruction, request or notification, or any complaint, dispute or service fault, You must provide it promptly, and any obligation We have to act or respond is suspended until then.
98. Confidential information
You must treat Our confidential information as confidential and commercially valuable.
99. How We can give You a Notice
If a law requires Us to give a particular notice in a particular way, We shall do so. Otherwise:
We can give You a Notice in any and You are deemed to of these ways: receive it as follows:
• by emailing it (or a hyperlink one hour after it leaves Our to it) to the most recent mail server (if We do not email address You supply to host the mail server for Us that email address) and one hour after We send it (if We do host the mail server)
• by emailing it (or a hyperlink one hour after We send it to it) to any netspace.net.au email address You may have
• by placing it (or a hyperlink at the end of the current
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to it) on Your Account Page Billing Period
• by SMSing it (or details of a one hour after We SMS it hyperlink to it) to the most recent SMS-capable telephone service whose number You supply to Us
• by a voicemail message to one hour after We send it the most recent voicemail- capable telephone service whose number You supply to Us
• by fax to the most recent fax when Our fax machine number You supply to us issues a successful delivery record
• by ordinary mail to the most at 10 a.m. on the second recent postal address You Business Day after posting supply to Us, or (if You are a company) to Your registered office
• by hand delivery to You or to at the time of delivery the most recent postal address You supply to Us, or (if You are a company) to Your registered office;
• in any other way permitted at the time when it would by law have been delivered in the normal course of that way of delivery A Notice from us need not be signed.
100. When does a Notice take effect ?
100.1. If a Notice states that it takes effect at a specified time in the future, it takes effect then, and
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100.2. otherwise, it takes effect when You receive (or are deemed to receive) it.
101. How You can give Us a Notice
101.1. You can give Us a Notice:
• by fax to the current fax number indicated by Our web site contact details page,
• by ordinary mail or hand delivery to the current postal address indicated by Our web site contact details page – and in no other way.
101.2. Any Notice that You send Us has no effect until We actually receive it. Even then, it has no effect:
• if it is mailed – before noon on the second Business Day after posting,
• if it is received outside business hours – before noon on the next Business Day.
• if it is received after 3.00 p.m. on any day – before noon on the next Business Day.
101.3. Your Notice from You must be signed. We are never obliged to verify any mark that purports to be Your signature.
102. Limitation of Our liability (1): Your non-excludable rights
102.1. Some laws – particularly the Trade Practices Act 1974 – may give You rights and remedies that cannot be changed or excluded by Netspace Customer Terms. Netspace Customer Terms are subject to those laws, and must be read and understood subject to them.
102.2. Nothing in Netspace Customer Terms excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any law if it cannot lawfully be excluded, restricted or modified.
102.3. If We supply You with Services as a consumer (within the meaning of the Trade Practices Act 1974):
• Your Contract includes certain conditions and warranties implied by that Act that We cannot exclude, and
• We may not be able to limit Our liability for breach of those conditions and warranties.
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But in any case where We are allowed to limit it, Our liability for such breaches is limited, at Our choice to:
• in the case of goods: o replacing the goods or supplying equivalent goods, o repairing the goods, o paying for the cost of replacing the goods or buying equivalent goods, or
o paying for the cost of repairing the goods, and • in the case of services: o supplying the services again, or o paying for the cost of supplying the services again.
103. Limitation of Our liability (2): General limitation
Subject to clauses 102.1, 102.2 and 102.3 and to the extent permitted by law:
103.1. all express or implied representations, conditions, warranties and remedies relating to a Contract or Services are excluded,
103.2. We are not liable for any direct, indirect, special, economic or consequential loss, harm or damage or loss of revenue, profits, goodwill, bargain or opportunities or loss or corruption of data or loss of anticipated savings that You incur or suffer in any way, even if:
• We caused it by Our negligence, or • We knew or should have known of the possibility of such loss or damage, and
103.3. Our maximum aggregate liability, whether for breach of Netspace Customer Terms or in negligence or in any other tort or for any other common law or statutory cause of action or otherwise is $100 (but this does not apply in the case of a claim that We have caused injury to or the death of any person).
104. Your indemnities to Us
You must indemnify Us and any Wholesaler of a Service We resupply against any loss, liability or expense arising out of:
104.1. Your breach of Netspace Customer Terms,
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104.2. Your use of any Service,
104.3. any virus or other malicious code that attacks Your hardware and / or software,
104.4. any fraud or other crime perpetrated against You or anyone using Your Account by a third party,
104.5. any alleged breach of a person’s rights or defamation of a person involving use of a Service We supply to You,
104.6. anything that is reproduced, broadcast, used, transmitted, communicated or made available (including data and information of any sort) by means of a Service We supply to You,
104.7. the entry by any representative of Us or a Wholesaler on Your Premises in connection with a Service, or
104.8. loss of or damage to Your data. You are solely responsible for keeping safe and secure back ups of any of Your data stored on Your own computer or network, or on Our computers or network. We are entitled to act at all times on the assumption that You have fully complied with this requirement.
105. Computer viruses, trojans and Internet attacks
105.1. You indemnify Us against any loss, liability or expense arising out of any virus, trojan or other malicious code, or any denial of service or other attack, or any security compromise that may affect Your computer/s or Your network.
105.2. You are solely responsible for keeping Your computer/s and network safe from and protected against such hazards. We are entitled to act at all times on the assumption that You have fully complied with this requirement.
106. Assignment (1): Transfer by You
106.1. You may not transfer Your interest in a Contract unless We consent. If We choose to consent:
• We may do so on any conditions We see fit, and • Our consent is only effective if We give it in writing.
106.2. Whether We consent is entirely up to Us.
106.3. If We consent to a transfer and the transferee does not fulfill all the obligations that You would have had except for the
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transfer, You remain liable to Us as if the transfer had not taken place.
107. Assignment (2): Transfer by You
107.1. We can transfer Our interest in any Contract with You.
107.2. We will notify You if We do that.
108. Legal (1): Applicable law
These terms are subject to the law of Victoria, Australia.
Contracts Code: re clause 108 – or the law of the State or Territory that You ordinarily reside in.
109. Legal (2): Disputes and courts
109.1. In case of a complaint, clause 90 applies.
109.2. If the law gives You any specific rights of complaint or dispute that cannot be contracted out of, those rights continue to apply.
109.3. Any claim that We make against You for payment of money can be made in the courts of Victoria (even if You raise some defence, cross action, right of set off or counterclaim that, if made in isolation would fall under clause 109.4).
109.4. Otherwise, any dispute or difference whatsoever arising in connection with Netspace Customer Terms shall be submitted to arbitration in accordance with and subject to the Institute of Arbitrators and Mediators Australia Expedited Commercial Arbitration Rules.
109.5. Subject to the above, any court proceedings relating to Netspace Customer Terms must be taken in the courts of Victoria and their appeal courts.
Contracts Code: re clause 109 – Nothing limits Your rights to make a complaint or a claim to a competent body authorised to consider it or excludes any remedy that would be available to You by operation of law, or excludes the jurisdiction of the courts of the State or Territory that You ordinarily reside in.
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110. Force majeure
110.1. If an event or circumstance beyond Our reasonable control (‘Force Majeur’) hinders Us from performing any of Our obligations under a Contract, then We will not be liable for failing to perform that obligation.
110.2. Your obligations continue during the Force Majeur, except if You are not able to perform Your obligations because We are unable to perform Our obligations.
111. Our privacy policy
111.1. Our privacy policy as in force from time to time is at sfoa.netspace.net.au/privacy.
111.2. We will deal with personal information about You in accordance with Our privacy policy, including making use of it to identify further Services that We supply and consider may be of interest to You, and promoting them to You.
112. Interpretation
112.1. If an expression is defined in the Dictionary in Part 4, that is what it means.
112.2. If an expression is defined in the Dictionary, grammatical derivatives of that expression have a corresponding meaning. (For instance, if ‘to colour’ means ‘to paint red’, then ‘coloured’ means ‘painted red’.)
112.3. Expressions like ‘includes’, ‘including’, ‘e.g.’ and ‘such as’ are not words of limitation. Any examples that follow them are not to be taken as an exhaustive list.
112.4. Headings are only for convenience. They are to be ignored when interpreting Netspace Customer terms, except insofar as they indicate the number of a clause.
112.5. A schedule to a document is part of that document.
112.6. A reference to the singular includes the plural and vice versa.
112.7. Where one thing is said to include one or more other things, it is not limited to those other things.
112.8. There is no significance in the use of gender-specific language.
112.9. A ‘person’ includes any entity which can sue and be sued.
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112.10. A ‘person’ includes any legal successor to or representative of that person.
112.11. A reference to a law includes any amendment or replacement of that law.
112.12. Anything that is unenforceable must be read down, to the point of severance if necessary.
112.13. Anything We can do, We may do through an appropriately authorised representative.
112.14. Any matter in Our discretion is in Our absolute and unfettered discretion.
Contracts Code: re clause 112.14 – We will not unilaterally determine or enforce a right or obligation under a Contract without stating, in reasonable detail, the act, omission, condition, event ot legislation which affords Us the right to do so.
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Part 4 – Dictionary
Expression: meaning:
Acceptable Use Policy a policy so titled
Access Speed the maximum theoretical speed or capacity of a Service. If a Service is available in various Access Speeds, it is the one that You apply for
Account Your Service and associated Billing arrangements with us
Act Telecommunications Act 1997
Annual Charge a yearly Periodic Charge
Annual Service a Service We designate as such
Application an application for supply of a Service, which may be on paper, electronic, oral or a mixture
Approved Equipment equipment on Your side of the Network Boundary that complies with any applicable requirements of the Australian Communications and Media Authority and bears the symbol:
and is approved by Telstra Corporation Limited for connection to the telephone line, and, where applicable, complies with (a) DC.030 Telstra Service Interface Specification for DSL Access, End User Interface, and (b) IP 1149 The Telstra DSL Network – Listing requirements for CPE, and is set up and operated in accordance with any recommendations We make
ASD the telecommunications carrier to whose network a telephone line is directly connected and over which a Service is supplied
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ASD Account Number an ASD’s internal billing identification number for a service
Basic Feature a Feature that is always included in a Service unless (a) We specifically state otherwise or (b) You choose to have it disabled (if that is possible) or (c) it is technically infeasible to provide it
Bill (as a noun) – a statement of Charges due and payable; (as a verb) – to raise a Bill
Billable not yet Billed, but ready to be
Bill Date the date on which We Bill You
Billing Period as per clause 26.1
Break as per clause 55.3
Bundle as per clause 55
Business Day any day but a Saturday, Sunday or a public holiday observed in Victoria
Business Hours between 9 a.m. and 4 p.m. (local time, Melbourne) on a Business Day
Call Connection Charge as per clause 20.5
Call to Mobile a telephone call to a cellular mobile telephone
Carriage Service the same thing as in the Act Provider
Carrier the same thing as in the Act
Casual as per clause 45.1
Change Rules as per clause 96
Commercial Plan as per clause 51.1
Contract a contract in accordance with clause 8
Contracts Code Industry Code ACIF C620:2005 Consumer Contracts
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Contracts Code Notice a notice in writing, given to You in one of the ways permitted by the Contracts Code
Core Terms Part 3 of Netspace Customer Terms
CSP a Carriage Service Provider
Daily Rate the Charge for a Service divided by the number of days that the Charge relates to
Dictionary this table of defined expressions
Direct Debit a Standing Credit Card or a Standing Account Debit
DSL Service an Internet Service provided by means of the technology known as DSL
Encircle Plan a Plan for a Service under Part 9 – Service Schedule: Encircle Services
Equal Value Plan a Plan that costs the same as another Plan to which it is being compared, taking into account all Charges likely to be payable over their Terms
Excess Data Charge a Charge for use of a volume-charged Service in excess of its Periodic Entitlements
Excess Hours Charge a Charge for use of a timed Service in excess of its Periodic Entitlements
Excess Use Charge an Excess Data Charge or an Excess Hours Charge
Feature a feature or functionality of a Service
Fixed Charge a Charge that is not a Usage Charge or an Interest Charge
Fixed Term Contract a Contract with a fixed term of more than a month and (including a Contract with a Minimum Term, but only in relation to the Minimum Term)
Force Majeure an event or circumstance beyond the reasonable control of a person, excluding an
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inability to pay money when due
GST goods and services tax under the GSA Act
GST Act A New Tax System (Goods and Services Tax) Act 1999 (as amended)
Head Office Level 1, 683 Burke Road, Camberwell 3124 Victoria, or any alternative head office that We specify from time to time
Higher Value Plan a Plan that costs more than another Plan to which it is being compared, taking into account all Charges likely to be payable over their Terms
Intellectual Property all intellectual property rights, including Rights without limitation: patents, copyright, rights in circuit layouts, registered designs, trade marks, and the right to have confidential information kept confidential; and any application or right to apply for registration of any of those rights
Intercapital Call a telephone call between any two of Melbourne, Sydney, Brisbane, Perth, Adelaide, Hobart, Canberra and Darwin
Interest Charge an interest Charge under clause 32.2
International Call a telephone call from Australia to a place outside Australia or to a mobile phone located outside Australia
Internet Service Service under Part 5 – Service Schedule: Internet Access
Internet Plan a Plan for a Service under Part 5 – Service Schedule: Internet Access
Late Billing the same thing as in the Telecommunications (Standard Form of Agreement Information) Determination 2003
Local Call a directly dialed telephone call from a Local
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Telephone Service in a local charge area to another fixed line service in that same local charge area (or in some cases in an adjacent charge area) – excluding calls to 13 or 1300 and other special numbers
Local Call Plan a Plan for a Service under Part 6 – Service Schedule: Local
Local Telephone Service a conventional, fixed line telephone service of the kind commonly used in Australia, and capable of making Local Calls
Long Distance Call a telephone call made using conventional, fixed line telephone service of the kind commonly used in Australia that is not a Local Call
Long Distance Preselecting Us as Your normal long distance Preselection telephone carrier
Long Distance a Plan for a Service under Part 8 – Service Telephone Plan Schedule: Preselected Services
Lower Value Plan a Plan that costs less than another Plan to which it is being compared, taking into account all Charges likely to be payable over their Terms
Managed Filtering a Service that blocks particular domains, sites or content from being accessed from Your computer/s
Megabyte or MB or Meg a million bytes
Minimum Term a period We specify as such
Miscellaneous Charge a Charge that does not fall in any other category
Monthly Charge a monthly Periodic Charge
Monthly Contract a Contract with a fixed term of a month or less (which may be an expired Fixed Term Contract)
National Long Distance a telephone call which originates from and
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Call terminates on a fixed line service in Australia but is not a Local Call
Network Boundary in relation to a telephone line that enters a building on Your Premises: (a) if there is a main distribution frame in the building and the telephone line is connected to the frame – a two wire point on the side of the frame nearest to Your Exchange, or (b) if paragraph (a) does not apply but the telephone line is connected to a network termination device located in, on or within close proximity to, the building – the side of the device nearest to You, or (c) if neither paragraph (a) nor (b) applies – the point ascertained in accordance with section 22 of the Telecommunications Act 1997
Notice any notice, document, information, bill or transaction statement in connection with Your Contract, Your Service or Netspace Customer Terms
Off-Peak Period a period We specify as such for a Plan or Service
Optional Feature an additional Feature that You may choose to have enabled for a Service subject to (a) any extra Charge We make for the Feature and (b) it being technically feasible to enable it
Our Network network infrastructure that a Service uses or relies on, that We effectively control
Outside Network network infrastructure that a Service uses or relies on, other than Our Network
Peak Period a period We specify as such for a Plan or Service
Periodic Charge a Charge that We state on a ‘per period’ basis e.g. annually, quarterly, monthly
Periodic Entitlements as per clause 49.1
Plan as per clause 37
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Plan Period a period We specify as such
Porting transferring a telephone number from the network of one service provider to that of another
Premium Service Call a telephone call to a content service such as content related to weather services, competition entries, opinion polls and school results – usually (but not necessarily) starting 188.., 19.. or 190.. or with an international access code
Prepaid Charge a Charge for a Prepaid Service
Prepaid Credit Your current credit balance available for a Prepaid Service
Prepaid Plan a Plan for Prepaid Service
Prepaid Service a Service that You must pay for in full prior to using the Service and that We market as ‘prepaid’
Preselect as per clause 56
Preselected Services Long Distance Calls and Calls to Mobiles, for which You Preselect Us under Part 8 – Service Schedule: Preselected Services
Price the rate or amount of a Charge
Price List as per clause 21.2
Product Code as per clause 19
Quarterly Charge a quarterly Periodic Charge
Rack Rates as per clause 22
Renewal entering a new Fixed Term Contract for a Service when an old Fixed Term Contract expires
Service (a) a standard telephone service within the meaning of the Act or (b) a carriage service of a kind specified in the Telecommunications Regulations 2001 or (c) ancillary goods of a
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kind specified in those Regulations or (d) an ancillary service of a kind specified in those Regulations
Service Levels as per clause 68.1
Service Level Rebate rebates, designated as such in a Plan, that may be claimed if Service Levels are not delivered
Service Requirement as per clause 18
Set Up setting up for You to use a Service, or to use it in a different way
Set Up Charge a Charge for Set Up
Special a temporary reduction in Rack Rates
Special Conditions written Special Conditions, signed by Us and You, that form part of a Contract
Spot Priced Service a Service We expressly designate as such
Standard Form of the same thing as in the Act Agreement
Standard Telephone a service supplied by a telecommunications Service carrier that is capable, in conjunction with a standard telephone, of dialing and connecting to Our Network using one of the numbers specified
Standing Account Debit an arrangement allowing us to debit Charges against a bank account We accept until further notice
Standing Credit Card an arrangement allowing us to debit Charges against a valid credit card of an issuer We accept until further notice
Term as per clause 45.1
Time Block as per clause 19 of Part 9 – Service Schedule:
TIO Telecommunications Industry Ombudsman
Third Party Charge an amount that We must pay a third party on
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Your behalf
Unauthorised User as per clause 38
Upgrade Offer as per clause 17
Usage Charge a Charge calculated by reference to the amount You use a Service e.g. MB downloaded, talk time, number of SMS messages sent
Use-by Date as per clause 52.2
Voice Telephony the same thing as in the Telecommunications (Standard Agreements) Regulations 1997
VoIP Plan A Plan for a Service under Part 10 – Service Schedule: VoIP
We Netspace Online Systems Pty Ltd ACN 067 116 269
Wholesaler a third party that supplies Us with a Service on wholesale terms, which We then resupply on retail terms
You anyone We supply with a Service
Your Account Page an online facility that lets You check Your Bills and / or account usage, and / or otherwise administer Your Service
Your Exchange the first telephone exchange that services Your Premises
Your Premises in the case of a Service that is supplied to specific premises (e.g. DSL Service) – those premises, and otherwise – any premises at which You access or make use of a Service
Netspace Complete Plan a Plan for a Service under Part # - Service Schedule: Netspace Complete Services.
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Part 5 – Service Schedule: Internet Access
1. Application of this Service Schedule
This Service Schedule applies whenever We supply You with Internet access.
2. When We supply Internet access …
2.1. You are solely responsible for:
• selecting and supplying (at Your expense) any modem (unless Your Plan includes a modem),
• maintaining Your modem (unless We supply it and it is under a maintenance agreement),
• making any claims on the manufacturer’s or distributor’s warranty that applies to any equipment We sell You,
• selecting, supplying and maintaining (at Your expense) any computer or other equipment to be used at Your Premises in connection with Service,
• the results and consequences of Your use of Service, and • the content of any data or information which You send or receive using Internet access.
2.2. Your Service is not taken to be defective simply because of modem malfunction (whether or not We supplied the modem).
2.3. You must provide any access to Your Premises and reasonable assistance that We or a Wholesaler may require for the purpose of providing Service, and ensure that Your Premises are safe.
2.4. You are solely responsible for providing a computer that is capable of connecting to the Internet.
2.5. Unless We supply any hardware for use in connecting to the Internet, You are solely responsible for selecting and providing hardware that is suitable for the purpose.
2.6. If We specify minimum standards for Your hardware and / or software, Your Service may not work properly or at all if You
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do not meet them. In that event, We are not responsible and You are not entitled to any refund.
2.7. We are not responsible for providing You with training in the use of Your computer or the Internet.
2.8. You must pay for all usage on Your Account, whether by You or anyone who accesses Your Account directly or indirectly by means of Your password, network or other equipment or by access sharing with You. ‘Usage on Your Account’ includes usage by any computer or Internet-capable device located on or through an IP address currently allocated to You.
2.9. If Your Plan specifies a maximum session time, We may disconnect Your Internet connection at any time, and without warning, after You have been continuously connected for that period. We are not responsible for the consequences of disconnection.
2.10. We may impose or vary an idle time and We may disconnect Your Internet connection at any time, and without warning, if there is no significant activity on Your connection for that period. We are not responsible for the consequences of disconnection or the costs of reconnection.
2.11. We may specify, and change from time to time, the maximum volume of data that You may transfer in a given period, and what happens if that volume is exceeded. For instance:
• Excess Use Charges may apply to the excess, or • Your transfer speed may be restricted for the balance of that period. We will not reduce a maximum volume without giving notice to You.
Contracts Code: We will only make changes under this clause as permitted by the Contracts Code.
2.12. When You commence a dial up connection before midnight, and end it after midnight, the entire time online is treated as having been on the second day.
2.13. A Plan for Internet access entitles You to a single connection to Our Network at a time. To the extent that We may tolerate multiple simultaneous connections:
• We do not waive the single connection rule for the future, • We do not represent that We shall continue to do so, • the ability to do so is to be taken as a bonus, and
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• We may charge You on an aggregated usage basis (e.g. for a time based plan, if You maintain two simultaneous connections for three hours, We can treat the connection as a single six hour one).
2.14. We notify You that:
• We have no control over the accuracy or appropriateness of any information on the Internet,
• We are not responsible for any software or data available on the Internet,
• Your Service may be interrupted by emergency circumstances, equipment failure, the need for routine maintenance, peak demand and so on,
• You are solely responsible for arranging, paying for and maintaining a Standard Telephone Service to Your Premises,
• Internet access connection speeds at maximum theoretical speed may not be achievable in practice,
• You are solely responsible for the security of Your own computer/s and/or network. We are not responsible for any loss or inconvenience that You may suffer as a result of any of those things.
3. DSL Service
If We supply You with an DSL Service, then unless Your Plan states otherwise:
3.1. We notify You that:
• initial and continued availability of DSL Internet access depend on the local loop and Your exchange being and remaining technically suitable, which are matters beyond Our control,
• it may not be possible for us to finally determine whether or not it is possible to provide DSL Service to Your Premises until the Wholesaler confirms that DSL Service is operating successfully,
• continuity and speed of DSL Service depend on a wide range of factors, many of which are beyond Our control,
• the installation of DSL Service may cause temporary disruption to Your standard telephone service,
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• DSL Service may be disrupted if You change any details of Your Standard Telephone Service,
• the installation of DSL Service may mean that incompatible services will not be supplied to You by means of the same telephone line as is used for Your DSL service,
• some services (‘Incompatible Services’) that are supplied by means of the same telephone line as is used for DSL Service may:
o be incompatible with or prevent DSL Service by means of that telephone line,
o not function properly or at all over that telephone line, or
o may only function if certain equipment (‘Compatibility Equipment’) is installed in relation to that telephone line,
• the Wholesaler may be entitled to cease or suspend DSL Service if there is a change in the law or regulation relating to it – such an event is an instance of Force Majeur. We are not responsible for any loss or inconvenience that You may suffer as a result of any of those things.
3.2. Where Compatibility Equipment is or becomes required for the proper delivery of DSL Service, Our obligation to supply Service is conditional on You agreeing to install it at Your cost.
3.3. Where Compatibility Equipment is required but not installed:
• DSL Service may be terminated without notice, and • You indemnify us for any harm or expense suffered as a result.
3.4. If You want any other service that is or is to be supplied by means of the same telephone line as is used for DSL Service You must:
• ascertain from the supplier of that service whether it is an Incompatible Service, and
• not allow an Incompatible Service to be supplied.
3.5. You release and indemnify Us and any Wholesaler from all liability (including third party claims) arising from the following (to the extent that the liability is caused by the provision of or cancellation of DSL Service):
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• disruption to Standard Telephone Service, • disruption to any service supplied by means of the same telephone line as is used for DSL Service,
• cancellation of DSL Service, • suspension of the provision of DSL Service to particular IP addresses,
• cancellation of, or refusals to provide or continue providing, Incompatible Services,
• discontinuance of DSL Service if You use Incompatible Services,
• malfunction of Incompatible Services, and • breaches of CSG in respect of You.
3.6. You must not use Telstra’s Securitel service on a line used for DSL Service, since they are incompatible.
3.7. If You have not already given us Your written acknowledgments that the installation of DSL Service may:
• cause temporary disruption in Your Standard Telephone Service, and
• mean that Incompatible Services will not be supplied to You using the same telephone line as is used for DSL Service – then We do not have to supply DSL Service until You do so.
3.8. We notify You that Compatibility Equipment may include an appropriate filter, not only for the telephone point through which Your modem connects, but also for each other telephone point connected to the same outgoing line. If required, You must provide all these at Your expense.
3.9. We may supply Your DSL Service through a different Wholesaler from time to time.
3.10. If We change Wholesalers:
• We will try to minimise disruption to You, • You must provide us with reasonable assistance to effect the change,
• when We have given notice to You that there is a new Wholesaler, that is the Wholesaler for the time being, and
• if it eventuates that the new Wholesaler cannot provide DSL Service to Your Premises, We or You may cancel the Contract for DSL Service without penalty.
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3.11. You must comply with all reasonable directions and instructions of Us and/or the Wholesaler in relation to Your use of DSL Service.
3.12. If We or a Wholesaler are likely to need to attend Your Premises in connection with Your DSL Service, You must provide Us with the name and details of Your nominated customer representative for the premises and promptly notify Us in writing of any changes to that information.
3.13. The Wholesaler is responsible for connecting Your DSL Service. We will request it to effect connection, and You must cooperate to facilitate it.
3.14. Neither We nor the Wholesaler are liable for any harm You suffer from delay in connection. If We notify You in writing that connection is not likely to be possible within a period We regard as reasonable:
• We may cancel the order for DSL Service, and • You may cancel it if You did not significantly contribute to the problem with connection – at any time before We notify You in writing that connection has become possible.
3.15. When the Wholesaler is Telstra Corporation Ltd ABN 33 051 775 556, You must obtain, for as long as We supply You with DSL Service, exclusively in Your own name a standard telephone service from Telstra Corporation Ltd or one of its resellers by means of the same telephone line as is used for Your DSL Service. We are not obliged to supply or to continue to supply You with DSL Service if You do not satisfy this requirement.
3.16. You must not do anything that interferes with the normal operation of the Wholesaler’s DSL infrastructure or any equipment of the Wholesaler or makes them unsafe.
3.17. If We or the Wholesaler require access to Your Premises to install, test, repair or maintain DSL Service You must provide safe, sufficient and timely access for the purpose.
3.18. You must only use Approved Equipment. If You use non- Approved Equipment:
• DSL Service may be discontinued without notice, and • You indemnify Us and the Wholesaler against any harm or cost (including loss of fees otherwise payable by You) suffered or incurred as a result.
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3.19. We are not responsible for any cabling or equipment on Your side of the Network Boundary except (if Your plan includes a modem) the modem.
3.20. If We or the Wholesaler request You to modify any equipment under Your control to avoid any danger, You must do so as soon as possible, and must cease using the equipment in the meantime.
3.21. If We are able to deliver Internet traffic to the Network Boundary (or, if We supply You with a modem, to the port on that modem closest to the Network Boundary) Your DSL Service is deemed to be working properly. If Your DSL Service is faulty and the fault:
• is on Your side of the Network Boundary – You are responsible for fixing it,
• relates to any thing under the control of the Wholesaler – You must give us all reasonable information about the fault, and We must request the Wholesaler to fix the fault as soon as practicable.
3.22. You must not contact a Wholesaler directly unless We request You in writing to do so.
3.23. The Wholesaler may suspend or limit Your DSL Service.
3.24. We notify You that DSL Service is not transferable between different places. If You move properties:
• You must still pay for Your old Contract as if You had not moved, and
• DSL Service can only be provided at the new property under a second Contract.
4. Managed Filtering
If We supply You with Managed Filtering:
• We are only obliged to do so on a ‘reasonable endeavours’ basis, and
• You acknowledge that in certain circumstances, Managed Filtering can be circumvented, and You have no claim against Us if that happens.
5. Domain name hosting
5.1. We will only provide You with domain name hosting if:
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• a Plan expressly provides for that, and • You give Us all information and authorities necessary to allow Us to host the domain name, and
• You do everything required of You by the domain name’s registration authority to keep it registered, and
• You satisfy any other conditions in the Plan.
5.2. We are not responsible for registering or renewing Your domain name unless a Plan expressly says so, or We otherwise agree in writing.
5.3. Unless We agree otherwise in writing, We are not obliged to provide or arrange secondary domain name hosting services or allow our mail serves to receive or relay email.
6. Particular domain names or email addresses
6.1. You acknowledge that a domain name, or email address, that You apply for may not be available.
6.2. You must not assume that Your preferred domain name or email address will be available, and must not spend any money or take any other step on the assumption that they will be.
6.3. If You order a Service from us, Your order is taken never to be conditional on Your obtaining Your preferred domain name or email address. If You would not want the Service unless You obtain Your preferred domain name or email address, You are responsible for not ordering until You have obtained it.
6.4. If We reasonably suspect that You are using an email address to masquerade as Us, Our staff or an affiliate of Us, We may suspend that address and or redirect it to Us.
7. IP addresses
7.1. Any IP address We allocate to You, whether as a static or dynamically allocated address:
• remains Our sole property that We may change or revoke at Our discretion at any time, and
• is not transferable.
7.2. We are only obliged to make a single IP address available to You at one premises at any one time.
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7.3. If We make multiple IP addresses available, We may withdraw all but one without liability to You, as We see fit.
7.4. You will be allocated a static IP address if Your Plan says so. We can change that address on an occasional basis on reasonable notice to You. If We do, You are responsible for any set up changes to Your own equipment, at Your cost. Otherwise, the IP address allocated to You may change from time to time, and as frequently as several times each time You connect to Our Network, without further notice to You.
7.5. We notify You that some Internet services will not work reliably, or at all, from IP addresses that are not static.
8. No unlawful or harmful use of Service
You must not, without lawful basis and right to do so:
8.1. send spam or unsolicited email,
8.2. use a Service for direct marketing, except in accordance with the Privacy Act 1988 and all other applicable laws,
8.3. send bulk posts, off-topic posts or inappropriate cross-group posts to newsgroups,
8.4. engage in denial-of-service attacks, or allow Your computer to be used as part of one,
8.5. obtain or attempt to obtain access to or control of any other computer or network,
8.6. scan ports on other computers or otherwise probe them for means of access or vulnerabilities,
8.7. use Internet Relay Chat, or any other communications program, to harass other people or harm their computers,
8.8. spread any virus, trojan or other malicious code,
8.9. publish any defamatory or obscene material,
8.10. breach anyone’s copyright or other intellectual property rights,
8.11. allow any mail server under Your authority to ‘open relay’,
8.12. breach any law regulating content that is permissible on the Internet, or interactive gambling, or
8.13. masquerade as someone else.
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9. Our DSL acceptable use policy
Our ‘DSL acceptable use policy’ is as follows:
9.1. You must not deliberately or carelessly do anything which damages the wholesaler’s equipment, software, setup or services, or compromises their security.
9.2. You must not use Service in any way that exposes Us or the Wholesaler to civil liability.
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Part 6 – Service Schedule: Local Calls
1. About this Service
This is a Service for making Local Calls. It is only available Bundled with Our Line Rental Service and Our Preselected Services for Long Distance Calls and Calls to Mobiles.
2. Basic Features
The Basic Features of Our Local Call Service are:
2.1. a telephone number,
2.2. listing in a telephone directory,
2.3. directory assistance,
2.4. operator services, and
2.5. ability to make and receive Local Calls.
3. Optional Features
We may offer Optional Features for this Service, subject to conditions and Charges as advertised.
4. If You don’t Preselect Us
If We are not Preselected for Your Long Distance Calls and Calls to Mobiles while using the Service:
4.1. You acknowledge that Our Charges for Line Rental and Local Calls will be as per Rack rates, and
4.2. at Our option, We may cancel Your Local Call Service.
5. Local Number Portability
5.1. Local number portability is the ability to take Your local telephone number with You if You change service providers. This is known as ‘Porting’.
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5.2. We will facilitate Porting of Your local telephone number (to or from Our Service) if:
• Porting is legally permitted, • it is technically feasible, and • We have the necessary administrative arrangements in place with the other provider involved. You may not require Us to facilitate Porting otherwise.
6. Transferring Your Service to Us (1): process with current provider
If You ask Us to provide Your Local Call Service in place of another provider:
6.1. You authorise Us to advise Your current provider that We are to provide the service instead of them and to sign on Your behalf and in Your name forms instructing them to transfer Your service to Our Network (including transferring the service into Our name if convenient).
6.2. You must confirm those instructions in writing if We request it.
6.3. You must immediately pay to Your current provider all amounts payable for the Service up to the time of transfer.
6.4. If We request it, You must provide within 7 days written details of all amounts which Your current provider claims to be owed for its services, including details of any amounts You dispute.
6.5. We are not obliged to provide Service to You until all claims for charges, and disputes about them, are finalised between You and Your current provider.
7. Transferring Your Service to Us (2): Information for You
If You ask Us to provide Your Local Call Service in place of another provider, We advise You that:
7.1. subject to any agreement between You and us or any contrary representation by Us to You, We will have the right to select a long distance carrier,
7.2. the incentives and benefits (for example, discount plans and charity concessions) available from Your current provider may not be available from the effective date of transfer,
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7.3. the ASD Service Number/s will be transferred with their current ASD status (for example, call barring),
7.4. specific services provided by Your current provider may not be transferable,
7.5. We may obtain from the ASD, information about You in respect of Your ASD Account Number/s, directly associated Services Number/s and any services, features or information necessary to effect the transfer,
7.6. the ASD Service Number/s will remain active with Your current provider until the transfer has been completed,
7.7. You remain liable for all for debt incurred to and / or billed by Your current provider, and
7.8. You must continue to contact Your current provider in relation to the provision of services and any faults until the transfer has been completed.
8. Ownership of local telephone numbers and the National Numbering Plan
8.1. You acknowledge that You have no right, title or interest in any number allocated to You regarding a Service.
8.2. We must comply with the National Numbering Plan and reserve the right to change any number to comply with the National Numbering Plan or with any direction from the ACMA.
9. Changes in Service delivery
Subject to the Change Rules where they apply, We may change the wholesaler and / or the technical means by which We provide the Service. If We do that, We will notify You of any:
9.1. substantial changes to the Service, and
9.2. changes to the terms on which We supply the Service to You.
10. Limitations on Service (1): CLI Blocking
If CLI Blocking is enabled for this Service, called parties will not normally be informed of Your telephone number, except that:
10.1. calls to 000 and other emergency services will display Your telephone number to the called party,
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10.2. internet service providers and other carriers and carriage service providers may receive Your telephone number for purposes permitted by law,
10.3. if Your Service sends an SMS text messages, it will include Your telephone number.
11. Limitations on Service (2): unsupported uses
This Service does not support:
11.1. ring detection in equipment where the total Ringer Equivalence Number on a line is greater than 2.5,
11.2. end to end signalling via earth, line conductors, Cailho or phantom circuits,
11.3. data modems and facsimiles working at data signalling rates greater than 2400 bit/s,
11.4. data modems and fax equipment not conforming to ITU-T Recommendations V.17, V.29, V.34 or V.90, or
11.5. two or more telephones or equivalent apparatus in the off hook condition at the same time.
12. Agency
You appoint Us to deal with:
12.1. any current supplier, and
12.2. Telstra – as Your agent with full authority on Your behalf in relation to any telecommunications or other services provided by them to Your Premises, including without limitation:
12.3. requiring Preselection to be changed to or from Us,
12.4. canceling Your existing supply arrangements with a supplier (including Telstra),
12.5. requesting access to any account information about You held by any supplier or by Telstra, and
12.6. receiving from You, and dealing with a supplier or Telstra about, any faults, provisioning and service change requests or maintenance issues concerning Services to Your Premises.
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13. Resupplied Telstra services (1): Description
If Your Service is a resupplied Telstra service:
13.1. it is a Service Requirement that Your Premises are connected to Telstra’s PSTN switched telephone network,
13.2. Telstra supplies Us with:
• the service • Your call records, and • billing data – and We resupply the service to You and Bill You for it.
13.3. A resupplied service will have the same features and characteristics as Telstra supplies to Us, except for any that Telstra will not supply for resale.
13.4. Clauses 15 to 17 also apply to Your Contract.
14. Resupplied Telstra services (2): Telstra’s terms also apply
14.1. Your Contract is subject to Telstra’s Standard Form of Agreement (which Telstra calls Our Customer Terms) insofar as it:
• directly applies to the Service, and • is consistent with Netspace Customer Terms.
15. Resupplied Telstra services (3): Use of Service
In using the Service:
15.1. You must provide Us or Telstra with safe access to Your Premises:
• to inspect or test any equipment which may be causing interference or a hazard, and
• for the installation, provision and maintenance or removal of the Service or equipment owned by Telstra,
15.2. If We or Telstra require You to modify or disconnect any equipment to avoid interference or a hazard, You must do so,
15.3. if You do not own Your Premises, You must obtain the owner’s permission for Us or Telstra to enter them, and indemnify Us and Telstra against a claim by the owner or occupier of Your Premises for doing so,
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15.4. You must not connect, permit, maintain connected or authorise or approve the connection of any equipment or cabling that is not Approved Equipment, or which is declared by the Australian Communications and Media Authority as prohibited,
15.5. if inadequate capacity in the Service or Your use of it interferes, or may interfere, with the efficiency of Telstra’s network, You must follow Telstra’s directions about how to end or avoid that interference, and
15.6. We may suspend, limit or cancel the service (including without notice) if:
• You fail to provide access to Your Premises as required under this clause,
• anyone interferes with the operation of the Service or equipment owned by Telstra or makes either unsafe,
• We or Telstra cannot enter Your Premises to inspect, repair or maintain any equipment that is necessary for the supply of Service to You,
• You fail to modify equipment as required under this clause,
• You do not rectify any defect or inadequacy in equipment not owned or maintained by us or Telstra after being requested to do so,
• Your use of the Service interferes with the efficiency of Telstra’s network and You fail to rectify the situation after notification.
15.7. You acknowledge that the obligations in this clause 15 are for the benefit of both Us and Telstra.
16. Resupplied Telstra services (4): Customer service and faults
16.1. We supply the Service to You.
16.2. All inquiries and requests relating to the Service should be made to Us and not to Telstra.
16.3. If You contact Telstra directly:
• Telstra may refuse to respond to You, and may redirect You to Us, and
• Telstra may charge us a fee (which We may Bill to You).
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16.4. If Your equipment causes a fault in the Service, Telstra may charge You or Us a call-out charge and reasonable costs of restoring of Service. If Telstra charges Us, We may Bill it to You.
17. Resupplied Telstra services (5): Removal of Telstra equipment
17.1. If the Service is cancelled You must allow Telstra to enter Your Premises to remove any Telstra equipment.
17.2. If Telstra cannot access to Your Premises or recover its equipment, We may Bill You for the value of the Telstra equipment.
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Part 7 – Service Schedule: Line Rental
18. About this Service
This is a telephone line rental Service. It connects Your premises to the public PSTN switched telephone system. On its own, it does not let You make any telephone calls. It is only available in a Bundle with Our Local Call Service. Optionally, You may Bundle it with Our Preselected Services for Long Distance Calls and Calls to Mobiles.
19. If You don’t Preselect Us
If We are not Preselected for Your Long Distance Calls and Calls to Mobiles while using the Service:
19.1. You acknowledge that Our Charges for Line Rental and Local Calls will be as per Rack rates, and
19.2. at Our option, We may cancel Your Line Rental Service.
20. Term
Unless a Plan specifically states otherwise, the Line Rental Service is available on a Monthly Contract only, even when Bundled with Services that are on Contracts that are not Monthly Contracts.
21. Other terms: Same as Part 6 – Service Schedule: Local Calls
Part 6 – Service Schedule: Local Calls applies to this Service as if references in it to ‘Local Call Service’ were instead references to ‘Line Rental Service’.
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Part 8 – Service Schedule: Preselected Services
1. About this Service
This is a Voice Telephony Service that lets You make:
• national and international Long Distance Calls, and • Calls to Mobiles from fixed lines. It does not include a Local Call Service or a Line Rental Service. (You can obtain those Services from Us under a separate Service Schedule, or another supplier.)
2. You must Preselect the Services
2.1. If Your Contract is for Preselected Services, You must Preselect Us for all:
• national and international long distance calls, and • Calls to Mobiles from fixed lines.
2.2. If You don’t (or You stop doing so) We may Bill You at Rack Rates for the Services You use.
3. You must be a Netspace Internet customer
At Our option, We may offer Preselected Services only as a Bundle with one of Our Internet Services supplied to the same premises. If We do that:
3.1. If You do not have a Contract for one of Our Internet Services supplied to the same premises, You are in breach of a Contract for Preselected Services.
3.2. But if You have multiple Local Telephone Services supplied by the same provider to the same premises, You may use Preselected Services on each of them if You have at least one one of Our DSL Services supplied to the same premises.
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4. Local Telephone Service not included
4.1. Preselected Services do not include a Local Call Service or a Line Rental Service. You must obtain that separately (from Us or another supplier.)
4.2. To use Preselected Services, You must have access to a Local Telephone Service (e.g. a conventional plug-in touch tone handset and an active fixed line telephone account).
4.3. We do not supply or service telephone handsets as part of Preselected Services. You must make Your own arrangements to get one and have it serviced, at Your own expense.
5. Checking Charges
You are responsible for checking Our web site to ensure that You are aware of current charges when You use Preselected Services.
6. Permitted Price changes take precedence
6.1. When We change Prices in a way that applies to You, the new Prices apply instead of the old ones or any that were advertised, stated or applicable previously.
6.2. You must not rely on any previously advertised, stated or applicable charges as evidence of what You expected to be charged later.
Contracts Code: We will only change Prices in accordance with the Contracts Code.
7. Kinds of Charges
Charges for Preselected Services may include (for instance):
7.1. Call Connection Charges,
7.2. Usage Charges,
7.3. surcharges stated on Our web site.
8. Calculation of Charges
8.1. We may specify the increments in which time-based charges accrue, for instance:
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• by the second or part thereof, or • by 60 second blocks or part thereof – and if We do so, the increment specified is called a ‘Time Block’.
8.2. If You attempt to make a call and there is insufficient credit in Your Account to cover any Connection Charge and the first Time Block, Our Network may not permit connection.
9. Call costs may depend on what / where You call
9.1. Charges for telephone calls to some telephone services may be higher than for calls to others (e.g. calls to mobile phones may be more expensive than calls to land lines).
9.2. You acknowledge that:
• some telephone numbers can convert from a less expensive category to a more expensive one (e.g. from a landline to a mobile service),
• We are not responsible for such changes or their consequences (e.g. if a charge is higher than You expected because a number You call has converted to a mobile service, You must still pay the higher charge), You are solely responsible for determining what kind of telephone service You are calling, before You call it.
10. Limitations on Preselected Services
10.1. You cannot call a destination number if We do not have a suitable interconnection arrangement.
10.2. Preselected Services are not available if Your Local Telephone Service is provided by:
• Optus cable, • Orange PSTN, • any provider whose network is incompatible with Our Network.
10.3. You cannot use Preselected Services to make or receive Local Calls.
10.4. You cannot use Preselected Services to make or receive dial up modem calls.
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11. Delays in Preselection taking effect
11.1. We advise You that there can be delays in Preselection taking effect, as third parties must take certain actions.
11.2. We are not liable to You for any delay by a third party that causes a delay in Preselection taking effect.
12. Charges for use of service
12.1. If You Preselect Us, You remain liable for all charges incurred with Your current provider before Preselection takes effect.
12.2. If You cease Preselecting Us in favour of another provider, You remain liable for all charges incurred with Us before ceasing Preselection takes effect.
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Part 9 – Service Schedule: Encircle Services
13. About this Service
This is a long distance Voice Telephony Service provided under Our ‘Encircle’ brand.
14. Accessing Service
We may offer multiple ways of accessing Encircle Services, for instance:
• by dialing into Our Network using a normal telephone number, and then dialing the long distance number You want to call,
• by dialing into Our Network using a special telephone number such as a ‘1800’ number, and then dialing the long distance number You want to call,
• by dialing a carrier Preselection override code (which automatically routes Your call through Our Network rather than Your normal long distance telephone carrier) on a call-by-call basis before the long distance number You want to call, or
• by Preselecting Us as Your normal long distance telephone carrier (‘Long Distance Preselection’), – and We may specify different Prices depending on which type of access You use.
15. Local Call Service not included
15.1. Encircle Services do not include a Local Call Service or a Line Rental Service. You must obtain that separately (from Us or another supplier.)
15.2. To use Encircle Services, You must have access to:
• a Local Telephone Service (e.g. a conventional plug-in touch tone handset or a mobile phone and an active fixed line telephone account), or
• in the case of a Service that supports computer-based access, an appropriately resourced computer system.
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15.3. We do not supply or service telephone handsets as part of Encircle Services. You must make Your own arrangements to get one and have it serviced, at Your own expense.
15.4. To use Encircle Services, You use a Local Telephone Service or another telephone service (e.g. a landline account with Telstra or a mobile phone account with Vodaphone) to connect to Our Network, and the balance of Your long distance call is carried over Our Network. You are solely responsible for:
• any charges payable to the provider of Your Local Telephone Service or other telephone service that You incur:
o in connecting to Our Network, or o contacting Us (e.g. to get support), • understanding what those charges will be. • ensuring that You do not inadvertently incur charges (for instance, by connecting to Our Network via a mobile phone, unless You are happy to pay mobile rates to do so), and
• ensuring that You dial the most appropriate exchange.
16. Checking Charges
You are responsible for checking Our web site to ensure that You are aware of current charges when You use Encircle Services.
17. Permitted Price changes take precedence
17.1. When We change Prices in a way that applies to You, the new Prices apply instead of the old ones or any that were advertised, stated or applicable previously.
17.2. You must not rely on any previously advertised, stated or applicable charges as evidence of what You expected to be charged later.
Contracts Code: We will only change Prices in accordance with the Contracts Code.
18. Kinds of Charges
Charges for Encircle Services may include (for instance):
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18.1. Call Connection Charges,
18.2. Usage Charges,
18.3. surcharges stated on Our web site.
19. Calculation of Charges
19.1. We may specify the increments in which time-based charges accrue, for instance:
• by the second or part thereof, or • by 60 second blocks or part thereof – and if We do so, the increment specified is called a ‘Time Block’.
19.2. If You attempt to make a call and there is insufficient credit in Your Account to cover any Connection Charge and the first Time Block, Our Network may not permit connection.
20. Call costs may depend on what / where You call
20.1. Charges for telephone calls to some telephone services may be higher than for calls to others (e.g. calls to mobile phones may be more expensive than calls to land lines).
20.2. You acknowledge that:
• it is possible for called telephone numbers to convert from a less expensive category to a more expensive one (e.g. from a landline to a mobile service),
• We are not responsible for such changes or their consequences (e.g. if a charge is higher than You expected because a number You call has converted to a mobile service, You must still pay the higher charge),
• You are solely responsible for determining what kind of telephone service You are calling, before You call it.
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Part 10 – Service Schedule: VoIP Service
21. About this Service
This is an outbound-only Voice Telephony Service provided using VoIP (Internet) technology. It lets You make:
• Local Calls, • national and international long distance calls, and • Calls to Mobiles, and • other call types that We support form time to time. It cannot receive incoming calls of any kind.
22. Important information about VoIP services
22.1. Any VoIP telephony service depends on:
• mains power being available for the computer and related equipment involved, and
• a DSL Internet connection of sufficient speed and quality being available.
22.2. If either of the above is not available, such services may not work reliably, or at all. (A standard, fixed line telephone system is self- powered, so it is likely to be available in a range of emergency conditions where a VoIP service is likely to fail e.g. power outage due to a house fire.)
22.3. For that reason, a VoIP service should be regarded as a low cost secondary telephone option only. It should never be relied on as a communications tool for emergencies.
23. You must be a Netspace DSL customer
23.1. VoIP Service is only available Bundled with one of Our DSL Services.
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23.2. If You do not have a Contract for one of Our DSL Services, You are in breach of a Contract for VoIP Service.
23.3. You may use VoIP Service from premises other then those to which We supply DSL Services under Our Contract with You, but those other premises must also have a suitable DSL service (supplied by Us or another provider).
24. You must have a telephone handset and an ATA to use VoIP Service
24.1. An ‘Analogue Telephone Adapter’ (‘ATA’) is Equipment that allows a conventional telephone handset to make calls over a DSL internet service.
24.2. You must supply a suitable telephone handset at Your expense. We are not responsible for supplying, maintaining or repairing it, or for any service faults it causes.
24.3. You must supply a suitable ATA at Your expense. If You obtain one a third party:
• It must meet all technical specifications that We publish. • We are not responsible for supplying, maintaining, configuring or repairing it or for any service faults it causes.
24.4. You are responsible for having the ATA and handset installed, at Your expense. We may issue instructions to assist. We do not provide an on-site installation service.
25. Other restrictions
25.1. Override codes do not work with VoIP Service. All calls will be carried on Our Network.
25.2. We reserve the right to bar some numbers from being called using VoIP Service, for fraud prevention and other reasons. A current list of any such barred numbers will be published on Our web site. If You cannot call a number, You must check that it is not a barred number before seeking assistance from Us.
25.3. VoIP Service will not be free of faults and interruptions, including those that arise from the DSL service it operates over.
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25.4. VoIP Service may be degraded or interrupted by factors that impair Your DSL service, such as:
• outages, • local congestion (for example, downloading to Your computer while using VoIP Service),
• Internet congestion, • ‘shaping’, where Your DSL speed is slowed, for example because You have exceeded data limits.
25.5. For VoIP Service, You must have a DSL service capable of carrying Internet Protocol (IP) data traffic at upload speeds of at least 64 Kbps and download speeds of at least 256 Kbps. However, for better quality and greater reliability, We recommend that You should have a DSL service with greater upload and download speeds than this.
25.6. VoIP Service quality may, in any configuration, vary from excellent to a quality less than a conventional fixed line telephone service.
25.7. VoIP Service can usually be used to call the emergency number 000, but for reasons outlined above, You should not regard any VoIP service, including Our VoIP Service, as a reliable service in an emergency. You should also maintain a conventional telephone, for use in emergencies and case of power failure.
25.8. To maintain both VoIP Service and a conventional telephone, You will require a separate handset for each service.
25.9. VoIP Service calls made and received by You are data traffic, and will usually be counted as data usage, for the purposes of data usage limits and charges imposed by Your DSL service provider.
25.10. VoIP Service is not suitable for non-voice applications, for example fax machines, data modems and security monitoring services, for which You should use a conventional telephone service.
25.11. Calls made using VoIP Service do not give any called party Your true return calling number or physical address. If they require that information (e.g. to call You back or attend Your premises) You must give it to them.
25.12. After a power failure, Your ATA or other Equipment may need reconfiguration before Service is restored.
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25.13. We are not liable to You for any loss or damage You suffer because of the characteristics or limitations of VoIP Service e.g. if You are unable to contact emergency services using the VoIP Service.
26. Customer Service Guarantee
You waive in whole Your Customer Service Guarantee Rights under Part 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 in relation to VoIP Service.
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Part 11 – Service Schedule Netspace – Complete Services
1. About this Service
This is a Bundled Service comprised of:
. Local Calls, . Long Distance Calls, . Calls to Mobiles from fixed lines, . Line Rental, and . DSL Service,
provided under our ‘Netspace Complete’ brand.
2. Local Call, Preselected Services, Line Rental and Internet Access Schedules apply
The terms for Internet Access (Part 5), Local Calls (Part 6), Line Rental (Part 7) and Preselected Services (Part 8) apply to this Service to the extent that they are not inconsistent with this Service Schedule.
3. Consumer Grade Service
3.1 You must only use the Service for:
. personal, domestic or household use, or
. internal business purposes,
3.2 Notwithstanding that the Service may be used for Your internal business purposes, it is a consumer grade service and is not intended to be used for critical business purposes.
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4. Use of Service
In using the Service:
4.1 You must:
. provide Us or our Wholesaler with safe access to your premises for the purposes of rectifying any Service outage, and
. comply with all reasonable directions given by Us, our Wholesaler or a regulatory authority,
4.2 You must not:
. break any law or infringe another person’s rights,
. expose Us or Our Wholesaler to liability,
. transmit, publish or communicate material which is defamatory, offensive, abusive, indecent, menacing or unwanted, or
. damage or interrupt the Service or the network,
4.3 If We reasonably believe that You are not complying with Your obligations in this clause 4, We will ask you to comply. If You do not comply immediately after being asked, we may:
. suspend or cancel the Service, and
. take any steps reasonably necessary to ensure your compliance.
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5. Faults
5.1 Before reporting a fault, You must take all reasonable steps to ensure that the fault is not due to a failure of Your equipment.
5.2 If a fault is caused by:
. Your equipment, . Your breach of this SfoA, or . Your negligent or fraudulent act or omission –
Our Wholesaler may charge Us for any costs it incurs in investigating and rectifying the fault. If Our Wholesaler charges Us, We may Bill it to You.
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Part 12 – Acceptable Use Policy (Spam) including Spam Complaint Procedures
1. About this policy
• This policy is the Netspace Acceptable Use Policy (Spam). • This policy is part of Netspace Customer Terms. • This policy also contains important information about spam and reducing spam.
2. Important web addresses
• This policy contains a number of important web links. • e.g. the Internet Industry Spam Code of Practice is online at http://www.acma.gov.au/acmainterwr/telcomm/industry_codes/ codes/iia%20spam%20code%20dec%202005.pdf
• We cannot prevent the various organisations linked to from moving documents or pages, and therefore breaking the link.
• If a link is broken, You should try to relocate it through the relevant web site, e.g.
o www.acma.gov.au o www.accc.gov.au o www.asic.gov.au o www.privacy.gov.au o www.austlii.edu.au – as applicable.
3. What is spam ?
• ‘Spam’ means any email, instant message or other electronic message that is prohibited by section 16 of the Spam Act 2003 (Cth).
• You can read the Spam Act here: http://www.austlii.edu.au/au/legis/cth/consol_act/sa200366/
• And section 16 is here: http://www.austlii.edu.au/au/legis/cth/consol_act/sa200366/s16 .html
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4. Some examples of spam
A message is spam if it relates to money, profit or any kind of commerce and:
• the recipient did not consent to receive it, or • it does not include accurate sender identification information, or • it does not include accurate contact information for the sender, or
• it does not contain a functional facility for unsubscribing from further messages.
5. Spam Act
• You must comply with the Spam Act 2003, and not engage in any practice that would breach it.
• Practices that breach the Spam Act 2003 include: o sending spam o allowing spam to be sent o assisting in the sending of spam o using or distributing address-harvesting software.
6. Spam Code of Practice
• Under the Spam Act 2003, there is a Spam Code of Practice registered with the Australian Communications and Media Authority (‘ACMA’) – ‘Spam Code’.
• You can read the Spam Code at http://www.acma.gov.au/acmainterwr/telcomm/industry_codes/ codes/iia%20spam%20code%20dec%202005.pdf
• You must comply with the Spam Code. • You must restrict open relays and open proxies in services that You manage, as described in clause 10.1 of this policy.
7. Changes in spam laws
• Spam laws may change from time to time. You must keep yourself familiar with the law that applies to You.
• You must check this policy regularly for information about changes in spam laws.
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8. If You breach this policy …
• You are in breach of Netspace Customer Terms. • We may suspend Your Service without notice. • We may terminate Your Service if a suspension continues for 14 days.
• We may terminate Your Service if You have breached twice before.
• You must indemnify Us for costs and losses that result. • We may exercise any other right in Netspace Customer Terms. • We may enforce these rights at Our discretion.
9. Things You should know about spam
9.1. Minimising spam You can minimise the amount of spam You receive by:
• Using a server-based anti-spam filter, such as We offer for its email services.
• Using an email client program with anti-spam features, and activating those features if they are not activated by default.
• Using an anti-spam service for any email server that You operate.
• Where an anti-spam filter or service has user adjustable settings, setting them to highest anti-spam mode.
• Only disclosing Your email or other electronic address to reputable and trustworthy persons and organisations.
• Following ACMA’s advice at http://www.acma.gov.au/ACMAINTER.65640:STANDARD: 779404631:pc=PC_1965#protect
9.2. Spam filters
• Spam filters are available. • We offer email spam filters, as noted above. • There are other server-based and client-based spam filters available.
• An internet search for ‘spam filter’ will lead to many options.
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9.3. Netspace spam filters
• All email accounts We host are spam-filtered by default. • Our spam filters judge whether an email message is spam based on key words in its content, originating address and other technical features.
• Some of Our spam filters allow You to determine how readily email should be judged to be spam.
• Some of Our spam filters allow You to determine how spam is dealt with e.g. deleted immediately or just marked as spam and sent on to You.
• In judging whether a message is spam, a filter can make a mistake. Some spam may not be detected. Some legitimate messages may be wrongly classed as spam and therefore be lost.
9.4. You can complain about spam to ACMA. You can do this by using ACMA’s online Spam Complaint Form at https://web.acma.gov.au/secure/complaint_form.htm
9.5. Spam may be offensive and / or breach other laws, and You may complain to other bodies about that.
• Offensive content: You can report offensive content to ACMA’s Content Assessment Team via ACMA’s online complaint form or by emailing [email protected].
• Online gambling content: You can report content about online gambling to ACMA’s Content Assessment Team via ACMA’s online complaint form or by emailing [email protected].
• Fraudulent content: You can report fraudulent content (for example, email scams) to the Australian Competition and Consumer Commission (‘ACCC’) via the ACCC web site at www.accc.gov.au or by phoning 1300 302 502.
• Fraudulent content: You may also be able to complain to the Australian Securities and Investment Commission (‘ASIC’), particularly with regard to fraudulent conduct by Australian businesses. The ASIC website outlines the types of complaints ASIC deals with, and has an online complaint form at www.asic.gov.au (click on ‘Complaining About Companies or People’).
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• Privacy breach: You may complain about messages that involve a breach of Your privacy to the Privacy Commissioner at www.privacy.gov.au.
10. Things We can do under this policy …
10.1. To comply with the law about spam, We must, or may, do a number of things, such as:
• Restricting open relays and open proxies (i.e. restricting inbound access to a service that allows email forwarding on behalf of third parties so as to limit access to the service to a closed user group relevant to the use of the application that the service facilitates) on services We manage.
• Immediately suspending or disconnecting Your account if We become aware of inbound connections to any service with open relays or open proxies, whether the open service is intentional or inadvertent or results from unauthorised actions of a third party e.g. a Trojan horse or virus.
• If We become aware that Your system is generating spam due to a breach of this policy, We:
o may in the case of a serious or continuing breach – immediately suspend or disconnect Your Service; and
o will in any other case – take reasonable steps to notify You of the breach and, if requested, provide You with reasonable assistance (as per the Spam Code) to comply with this policy.
• Scanning Our Network, including any IP address allotted to You, for misconfigured email and proxy servers. If We find a problem and You have not rectified it within a reasonable time, We may suspend Your service.
• Retaining records of any IP address allocated to You, for as long as We see fit.
• Limiting outgoing mail volumes in a given period of time. • Creating a reverse DNS entry for any email server on Netspace’s network, including a server You manage.
• Requiring that You authenticate to Our email servers using SMTP AUTH or another mechanism.
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• Causing outgoing connections of Your connection session to be dropped where they are attempting to contact a remote host on TCP port 25.
• Complying with all lawful requirements of law enforcement and regulatory agencies in investigating spam activity.
10.2. You agree to us doing any of these things and release Us from any liability for the consequences of it doing so.
11. WHOIS details
You must ensure that WHOIS data about You is complete and current at all times.
12. Spam reports
• A ‘report’ is a notification that spam appears to have been sent through Our Network, or that there appears to have been a breach of this policy by Our customer.
• Any internet user can make a report to Us, whether or not You are Our customer.
• If You want to make a report about spam that You allege is being sent by Our customer, You should download and complete a Netspace Spam Report Form and email it to [email protected].
• If You want to make a report about spam that You allege is being sent by someone who is not Our customer, You should contact their internet service provider e.g. via their ‘abuse@’ email address (if they have one) or as indicated on their web site.
• If (a) You are Our customer and (b) You have reported spam to Us under this policy, then You may escalate the report to a complaint by resubmitting Your original Netspace Spam Report Form but with the question ‘Are You making a report or a complaint’ answered as follows: ‘Report already made on [date]. Please escalate to complaint.’
• Our report handling process When We receive a report alleging spam by a Netspace customer, We:
o Review the report to see whether it appears to disclose a breach of this policy involving Our Network.
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. If not, We discard it. . If so, We continue to process it. o See whether an identifiable customer appears to be involved. . If not, We discard it. . If so, We continue to process it. o Consider which part/s of this policy appear to have been breached.
o Action the report in accordance with this policy and Our options under it.
13. Our spam complaint handling process
• A complaint about spam: o can only be made by a Netspace customer; o must be in the Netspace Spam Complaint Form; o must be emailed to [email protected]; o will only to be treated as a complaint if it clearly says it is. Otherwise, it will be treated as a report.
• When Our customer makes a complaint about spam, We will: o Acknowledge the complaint within 7 days. o Undertake a preliminary assessment within a further 21 days.
o Request any further information required from You within a further 7 days.
o Notify You of any special steps that appear to be relevant to the particular complaint (including a timetable for them) within a further 14 days.
o Provide a final and formal response to You within a further 42 days.
o Have regard to AS 4269-1995 Complaint Handling. o Have regard to ACIF Code 547:2004 Industry Code of Practice on Complaint Handling.
• A complaint will be escalated from the designated Abuse officer to a senior manager:
o within 3 days after the Abuse officer requests it,
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o within 7 days after You request it, if a timetable step listed above is not completed on time,
o within 14 days after You request it in any other case. • You may be represented by an advocate or authorised representative when making a complaint.
• We will keep a written record of each complaint, its details and outcome.
• If You are not satisfied with the manner in which Your complaint has been handled or the outcome, You may
o email a review request to [email protected], together with: . a copy of the original complaint, . any reference number or code We allotted to the complaint, and . Your reasons for dissatisfaction – and a senior manager (not previously responsible for the matter) will review it and respond to You within 14 days; or
o refer the matter to ACMA. • If We determine that complaint handling charges can apply under the Spam Code, and do apply in Your case:
o We will discuss the matter with You. You may then decide: . to pay the charges and pursue the complaint, . discontinue the complaint, . pursue the matter via an alternative avenue. o The charges will not exceed the total cost We incur. o If Your complaint is upheld, those charges will be refunded within 30 days.
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Part 13 – Consumer rights
14. Consumers may have special rights
Under Australian law, consumers have quite a few special rights and protections that may not apply to ‘big business’. Those rights are granted by several different laws and codes that sometimes apply to different consumers in different ways. So, it can be tricky to explain – or understand – them completely.
15. A note about web addresses that We give
Pages and web sites published by other people can change and move without notice. Web addresses that We give were accurate when We published Netspace Customer Terms, and We correct them if We become aware they have changed. But We often don’t know. So, don’t be discouraged if a link doesn’t work properly. The information You want is probably easily found. As pages within web sites can move frequently, We generally avoid links to specific pages. We’ll give You the home page address instead.
16. Fair Trading laws
Australia has consumer protection laws that apply to businesses generally. The main ones are:
• Trade Practices Act 1974 – especially Part V This applies nationwide. It is administered by the Australian Competition and Consumer Commission (ACCC). There is lots of information about it on the ACCC web site at www.accc.gov.au. Netspace Customer Terms calls this the ‘TPA’.
• Fair Trading Acts Each Australian State and Territory has its own consumer protection laws, called its Fair Trading Act. (In the Northern Territory, it is called the Consumer Affairs and Fair Trading Act.)
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These laws are administered by the consumer affairs department in each State and Territory. You can get a list of contact details through www.consumersonline.gov.au. Netspace Customer Terms calls these the ‘Fair Trading Acts’. These consumer protection laws give many special rights. Some of them cannot be taken away from consumers.
17. Telecommunications industry codes
There are special codes and laws that apply to certain telecommunications consumers, like some internet and telephone customers. Some important ones are:
• Industry Code ACIF C521:2004 Customer Information on Prices, Terms and Conditions Netspace Customer Terms calls this the ‘Information Code’.
• Industry Code ACIF C541:2006 Credit Management Netspace Customer Terms calls this the ‘Credit Code’.
• Industry Code ACIF C542:2003 Billing Netspace Customer Terms calls this the ‘Billing Code’.
• Industry Code ACIF C547:2001 Complaint Handling Netspace Customer Terms calls this the ‘Complaints Code’.
• Industry Code ACIF C620:2005 Consumer Contracts Netspace Customer Terms calls this the ‘Contracts Code’.
18. Other laws for telecommunications consumers
Two other laws that benefit some consumers are:
• Customer Service Guarantee This applies to:
o standard fixed line telephone services, including voice grade services and services for Internet access or fax machines,
o some call-handling features including call waiting, call forwarding, call barring, calling number display and calling number display blocking.
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It requires telephone companies to meet minimum performance requirements and to provide customers with financial compensation when these are not met. There are exceptions:
o It does not apply to customers who have more than five lines or customer equipment with more than five telephone lines, or to mobile phone services.
o A customer can agree to give up their rights under the Customer Service Guarantee. If We ask You to do that, it will be very clear. The Customer Service Guarantee, and more information about it, are available at www.acma.gov.au. Netspace Customer Terms calls this the ‘CSG’.
• Universal Service Obligation This requires ‘universal service providers’ (at present, this means Telstra only) to ensure that standard telephone services, payphones and prescribed carriage services are reasonably accessible to all people in Australia on an equitable basis. The Universal Service Obligation, and more information about it, are available at www.acma.gov.au. Netspace Customer Terms calls this the ‘USO’.
19. How Netspace Customer Terms protects consumer rights
If a term in Netspace Customer Terms might not otherwise comply with a law listed above, it is followed by a highlighted ‘special case’. The special case ensures that people who are entitled to special rights receive them. The special case will always be close to the main term it modifies.
20. An example of a special case
Here is an example of a special case: 13.2. If accrued but unpaid Charges (whether or not they have been Invoiced) exceed Your Credit Limit, We may Suspend Services. If that happens, We at Our absolute discretion may terminate the Service Contract, or require You to provide a Security Bond or Pre-Payment before reconnection.
Contracts Code: re clause 13.2 – We will not suspend service under this clause without first taking reasonable steps (within
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the meaning of the Credit Code) to give notice to You of the suspension. Credit Code: re clause 13.2 – We will not suspend a service except accordance with the Credit Code.
This means that:
• If (but only if) the Contracts Code applies to You, clause 13.2 is subject to the first special case indicated.
• If (but only if) the Credit Code applies to You, clause 13.2 is subject to the second special case indicated.
21. When special cases apply
The consumer laws apply in various different ways. You may need to check back here sometimes to be sure when they apply to You.
21.1. Information Code A special case like this:
Information Code:
applies if (but only if) You:
• have a Contract with us, or • are authorised to act on behalf of someone who has a Contract with us, or
• are eligible under Our rules to enter a Contract with us – and You are not a Carrier, Carriage Service Provider or a telecommunications reseller.
21.2. Credit Code A special case like this:
Credit Code:
applies if (but only if) You:
• have a Contract with us, or • have applied for a Contract and are eligible under Our rules to enter a Contract, or
• have a Pre-Paid Service activated in Your name – for a residential or small business purpose, and You are not a Carrier, Carriage Service Provider or a telecommunications reseller.
21.3. Billing Code A special case like this:
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Billing Code:
applies if (but only if) You:
• have a contract with us, or • are eligible under Our rules to enter a Contract with us, or • purchase a prepaid product from us, such as a pre-paid calling facility.
21.4. Complaints Code A special case like this:
Complaints Code:
applies if (but only if) You:
• have a Contract with us, or • are eligible under Our rules to enter a Contract with us – and You are not a Carrier, Carriage Service Provider or a telecommunications reseller.
21.5. Contracts Code A special case like this:
Contracts Code:
applies if (but only if) You are:
• a person who acquires a telecommunications product for the primary purpose of personal or domestic use, or
• a business or non-profit organisation (including a body corporate, sole trader, partnership, trust, or registered charity) which at the time You enter the Contract:
o do not have a genuine and reasonable opportunity to negotiate the terms of the Contract, and
o has or will have an annual spend with us which is, or We reasonably estimate as, under $20,001 – and You are not acquiring the telecommunications product for resale.
22. Last words about consumer rights
Read all legal documents with consumer laws in mind. Check back to this Part (and the resources it lists) if You aren’t clear. If You need more information about consumer rights, We especially recommend www.consumersonline.gov.au
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Index
Part 1 – Introduction ...... 1 1. Welcome ...... 1 2. It’s not so complicated ...... 1 3. A general outline ...... 1 4. Some legal information...... 1 5. Information Accessibility...... 2 Part 2 – Contracts Code: Important terms...... 3 6. About ‘important terms’...... 3 Part 3 – Core Terms ...... 5 7. Services, Service Schedules and Plans...... 5 8. Your Contract with Us...... 5 9. If You are a Carrier or Carriage Service Provider...... 6 10. When Netspace Customer Terms come into force...... 6 11. Netspace Complete acceptable use policy ...... 6 12. Applying for Service (1): When We’ll provide Service ...... 6 13. Applying for Service (2): Oral, etc, applications ...... 7 14. Applying for Service (3): General...... 7 15. Resellers...... 7 16. When a Contract starts and ends ...... 8 17. Upgrade Offers...... 8 18. Service Requirements ...... 8 19. Product Codes ...... 9 20. Charges & payment (1): Kinds of Charge...... 9 21. Charges & payment (2): Prices...... 10 22. Charges & payment (3): Rack Rates ...... 10 23. Charges & payment (4): Spot Priced Services ...... 10 24. Charges & payment (5): Varying Prices ...... 10 25. Charges & payment (6): Varying Prices – exceptions...... 11 26. Charges & payment (7): When We can Bill...... 12 27. Charges & payment (8): How We can send You a Bill ...... 13 28. Charges & payment (9): Extra Charges for Bills and information...... 13 29. Charges & payment (10): When You must pay ...... 13 30. Charges & payment (11): How You can Pay ...... 13 31. Charges & payment (12): Direct Debit...... 14 32. Charges & payment (13): Late payment ...... 14 33. Charges & payment (14): Late Billing ...... 15 34. Charges & payment (15): Out-of-pocket expenses...... 15
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35. Charges & payment (16): GST ...... 15 36. Charges & payments (17): Disputes...... 16 37. Charges & payments (18): Third party services ...... 16 38. Charges & payments (19): Unauthorised use by You ...... 17 39. Charges & payments (20): Unauthorised use of Your account...... 17 40. Charges & payments (21): Billing agents ...... 18 41. Charges & payments (22): Breaking Bundles ...... 18 42. Charges & payments (23): Calls to Mobiles ...... 18 43. Plans & Terms (1): About Plans ...... 18 44. Plans & Terms (2): Changing Plans ...... 18 45. Plans & Terms (3): About Terms...... 19 46. Plans & Terms (4): Bonuses ...... 20 47. Plans & Terms (5): Special Offers ...... 20 48. Plans & Terms (6): Peak & Off-peak...... 21 49. Plans & Terms (7): Periodic Entitlements ...... 21 50. Plans & Terms (8): Volume-based Pricing ...... 21 51. Plans & Terms (9): Commercial and non-commercial Plans ...... 21 52. Plans & Terms (10): Prepaid Plans ...... 22 53. Plans & Terms (11): Designated Hours Plans...... 22 54. Plans & Terms (12): Annual Services...... 22 55. Plans & Terms (13): Bundles...... 23 56. Plans & Terms (14): Preselection ...... 23 57. Rewards ...... 24 58. Commissions...... 25 59. Goods ...... 25 60. Licensed software ...... 26 61. Acceptable Use Policies (1): Power to make ...... 26 62. Acceptable Use Policies (2): general policy...... 27 63. Acceptable Use Policies (3): Spam ...... 27 64. Your cooperation ...... 27 65. Material You store on Our Network...... 28 66. Service quality (1): Basic service ...... 28 67. Service quality (2): Other external factors ...... 28 68. Service quality (3): Service levels...... 29 69. Credit management (1): Guarantees and security...... 29 70. Credit management (2): Credit reports...... 29 71. Credit management (3): Unusual usage ...... 31 72. Credit management (4): Services You acquire for others ...... 31 73. Termination & suspension (1): Early termination by Us ...... 32 74. Termination & suspension (2): Other events ...... 33 75. Termination & suspension (3): Post-contract ...... 34
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76. Termination & suspension (4): Suspension...... 35 77. Termination & suspension (5): Payout ...... 36 78. Termination & suspension (6): Early termination by You...... 36 79. When Your Plan entitlements have expired...... 38 80. Technical operations (1): Means of Service ...... 38 81. Technical operations (2): Alterations at Your request ...... 39 82. Technical operations (3): Network changes ...... 39 83. Technical operations (4): Security...... 40 84. Technical operations (5): Compatible software ...... 40 85. Technical operations (6): supported equipment and supported software ...... 40 86. Technical operations (7): Equipment used with a Service...... 41 87. Technical operations (7): Wholesaler directions ...... 41 88. Faults and support requests (1): Reporting ...... 41 89. Faults and support requests (2): Repairing ...... 42 90. Complaints procedures ...... 42 91. Current versions of these core terms and service schedules ...... 43 92. Cached and saved copies of documents ...... 43 93. Reorganising Our web site ...... 43 94. New versions of these core terms or a service schedule ...... 43 95. A new version does not limit or affect … ...... 44 96. Change Rules ...... 44 97. Basis of Your instructions to us...... 45 98. Confidential information ...... 45 99. How We can give You a Notice...... 45 100. When does a Notice take effect ? ...... 46 101. How You can give Us a Notice ...... 47 102. Limitation of Our liability (1): Your non-excludable rights ...... 47 103. Limitation of Our liability (2): General limitation...... 48 104. Your indemnities to Us ...... 48 105. Computer viruses, trojans and Internet attacks...... 49 106. Assignment (1): Transfer by You...... 49 107. Assignment (2): Transfer by You...... 50 108. Legal (1): Applicable law...... 50 109. Legal (2): Disputes and courts ...... 50 110. Force majeure ...... 51 111. Our privacy policy ...... 51 112. Interpretation ...... 51 Part 4 – Dictionary ...... 53 Part 5 – Service Schedule: Internet Access...... 62 1. Application of this Service Schedule ...... 62 2. When We supply Internet access … ...... 62
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3. DSL Service ...... 64 4. Managed Filtering ...... 68 5. Domain name hosting ...... 68 6. Particular domain names or email addresses ...... 69 7. IP addresses ...... 69 8. No unlawful or harmful use of Service ...... 70 9. Our DSL acceptable use policy...... 71 Part 6 – Service Schedule: Local Calls...... 72 1. About this Service...... 72 2. Basic Features...... 72 3. Optional Features ...... 72 4. If You don’t Preselect Us...... 72 5. Local Number Portability ...... 72 6. Transferring Your Service to Us (1): process with current provider...... 73 7. Transferring Your Service to Us (2): Information for You ...... 73 8. Ownership of local telephone numbers and the National Numbering Plan ...... 74 9. Changes in Service delivery ...... 74 10. Limitations on Service (1): CLI Blocking ...... 74 11. Limitations on Service (2): unsupported uses...... 75 12. Agency ...... 75 13. Resupplied Telstra services (1): Description ...... 76 14. Resupplied Telstra services (2): Telstra’s terms also apply ...... 76 15. Resupplied Telstra services (3): Use of Service...... 76 16. Resupplied Telstra services (4): Customer service and faults...... 77 17. Resupplied Telstra services (5): Removal of Telstra equipment...... 78 Part 7 – Service Schedule: Line Rental...... 79 18. About this Service...... 79 19. If You don’t Preselect Us...... 79 20. Term...... 79 21. Other terms: Same as Part 6 – Service Schedule: Local Calls ...... 79 Part 8 – Service Schedule: Preselected Services...... 80 1. About this Service...... 80 2. You must Preselect the Services ...... 80 3. You must be a Netspace Internet customer ...... 80 4. Local Telephone Service not included ...... 81 5. Checking Charges ...... 81 6. Permitted Price changes take precedence ...... 81 7. Kinds of Charges ...... 81 8. Calculation of Charges...... 81 9. Call costs may depend on what / where You call ...... 82 10. Limitations on Preselected Services...... 82
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11. Delays in Preselection taking effect ...... 83 12. Charges for use of service...... 83 Part 9 – Service Schedule: Encircle Services...... 84 13. About this Service...... 84 14. Accessing Service ...... 84 15. Local Call Service not included...... 84 16. Checking Charges ...... 85 17. Permitted Price changes take precedence ...... 85 18. Kinds of Charges ...... 85 19. Calculation of Charges...... 86 20. Call costs may depend on what / where You call ...... 86 Part 10 – Service Schedule: VoIP Service...... 87 21. About this Service...... 87 22. Important information about VoIP services ...... 87 23. You must be a Netspace DSL customer...... 87 24. You must have a telephone handset and an ATA to use VoIP Service...... 88 25. Other restrictions...... 88 26. Customer Service Guarantee...... 90 Part 11 – Service Schedule Netspace – Complete Services ...... 91 1. About this Service...... 91 2. Local Call, Preselected Services, Line Rental and Internet Access Schedules apply ...... 91 3. Consumer Grade Service ...... 91 4. Use of Service ...... 92 5. Faults...... 93 Part 12 – Acceptable Use Policy (Spam) including Spam Complaint Procedures ...... 94 1. About this policy ...... 94 2. Important web addresses ...... 94 3. What is spam ?...... 94 4. Some examples of spam...... 95 5. Spam Act...... 95 6. Spam Code of Practice...... 95 7. Changes in spam laws ...... 95 8. If You breach this policy … ...... 96 9. Things You should know about spam ...... 96 10. Things We can do under this policy … ...... 98 11. WHOIS details...... 99 12. Spam reports ...... 99 13. Our spam complaint handling process ...... 100 Part 12 – Consumer rights...... 102 14. Consumers may have special rights ...... 102 15. A note about web addresses that We give...... 102
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16. Fair Trading laws ...... 102 17. Telecommunications industry codes ...... 103 18. Other laws for telecommunications consumers ...... 103 19. How Netspace Customer Terms protects consumer rights ...... 104 20. An example of a special case...... 104 21. When special cases apply...... 105 22. Last words about consumer rights...... 106 Index...... 107
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