1. GENERAL
1.1. The Seller’s Broadband services fall into two service grades, residential and business products. Residential services are contended best effort products and should not be used for business-critical services that are sensitive to latency, jitter, or packet loss, such as voice or real-time video streaming, or require high volume continuous file transfers. Residential grade products have no service levels offered, unless otherwise agreed in writing between the parties, and may have service restoration targets that may take days and should not be relied on without a backup service for business-critical tasks. Business grade services offer 1:1 contention, low latency, packet loss, and jitter with fast restoration times or backup options.
(i) The Seller’s NBN and Wireless product range is a residential grade service.
(ii) Bonded Copper and Business Fibre is a business grade service.
1.2. Orders that are sensitive to latency, jitter, or packet loss, such as voice or real-time video streaming, or require high volume continuous file transfers may be adversely affected on a residential grade service.
1.3. The advertised speeds offer the theoretical speed options for the Service. Note that Service does NOT have a guaranteed speed or throughput. The speeds actually experienced by End Users will depend upon a number of factors including National Aggregated Circuit bandwidth elected; equipment used; the number of simultaneous End Users using the Service; and the nature and quality of the connection at the relevant premises. In addition to these factors, FTTB/N/C services have a speed range. As referenced in the NBN Wholesale Broadband Agreement (which is available on the NBN Website): Where the bandwidth profile is expressed as a range, the range shows the maximum PIR which may be achieved at the NBN Network Boundary for the relevant bandwidth profile. The PIR can fall anywhere in the range for the relevant bandwidth profile in respect of a particular AVC TC-4 used to serve a premises (they are not minimum-maximum PIR ranges).
1.4. The Customer acknowledge and agree that if the maximum data rate is not achieved then this is not a Service fault. For FTTB/N/C services, NBN will only provide slow throughput assurance support for an End User’s Service line rate speed that is below the bottom of the range (i.e. experiencing less than 25Mbps downstream on a 25-50/5-20Mbps AVC profile).
1.5. Copper pair is subject to Coexisting Network limits by NBN. During the Co-existence period, NBN only guarantees a minimum attainable sync speed; 12/1 Mbps for FTTN and 25/5 Mbps for FTTB.
1.6. If payment of any Charges is overdue for 14 days or more, The Seller may suspend provision of the Service on 24 hours’ notice to the Customer. The Seller reserves the right to charge the Customer a fee for reconnection of the service.
1.7. The Customer must notify Us (before We connect the Service) whether the End User receives any priority assistance service, medical alert service, alarm service, or any other service with similar service levels.
1.8. Any initial setup fee is non-refundable.
1.9. The charges for the Service or an Individual Service are not necessarily fixed during the Committed Term for the Service or the Individual Service. The Seller may vary the charges for the Service from time to time provided The Seller may not increase the Charges for an Individual Service during the Committed Term for that Individual Service except to include any increase in the charges levied on the Seller by the Seller’s Suppliers in connection with the Service. If the Seller increases the Charges, then it will try (where reasonably practicable) to give The Customer 30 days’ prior notice or such other period of notice that it believes is reasonable in the circumstances, after which time the increase will become effective.
1.10. All new services are billed 1 x month in advance.
1.11. A pro-rata charge will also appear on the Customers first invoice for the period the service was active until the end of the billing period of the first invoice.
1.12. The Customer must provide or procure for NBN Co and the Seller (and their respective Personnel) safe and timely access to any premises owned, controlled, or occupied by the Customer to be connected to or supplied with an NBN, Wireless, ethernet, or Fibre Service to perform any work required in relation to the supply of any Service The Customer has ordered, including to deliver, install, connect, inspect, modify, replace, maintain, repair, reinstate, service, disconnect, remove, and perform any other work on or in relation to a Service or any part of the Network, including any NBN or the Seller’s Equipment, or, where lawful, any third party network.
1.13. In the event that provisioning of an Individual Service is delayed due to the Customer not taking all reasonable steps in supporting the provisioning of an Individual Service process (for example,the Customer fails to provide a technician with access to the Customer premises or the Customer cancel a scheduled service provisioning or delivery date), the Seller reserves the right to begin billing the Customer prior to the activation of the Individual Service.
1.14. It is the customer’s responsibility for implementing and maintaining the security of their account, usernames and passwords, equipment, and network. The Customer acknowledges that the Seller’s network is not a secure and confidential method of communication and shall transmit data on the Seller’s network at its own risk.
1.15. Without being in any way liable, the Seller shall endeavour to ensure that all data transmitted on the Seller’s network is transmitted to the person to whom it is addressed.
1.16. Only authorised contacts can order, change, or remove services from the Customer account. the Seller will not accept any changes, cancels, or adds to an account (for security purposes) except via the the Seller customer panel or from an email address listed within the Accounts Contacts section of the customer panel.
1.17. The Customer may, without liability, terminate one or more Services or Individual Services after the expiry of the Committed Term by giving at least 30 days’ notice to the Seller.
1.18. If the existing Service is terminated during the Initial Period, it will be deemed to be a termination of the existing Service, and any relevant early termination Charges will apply.
1.19. NBN Co is not providing any products or services (including the Service or Individual Services) to the Customer ; NBN Co does not have a contractual relationship with the Customer regarding the supply of the Service or Individual Service and the Customer must not contact NBN Co directly in relation to the Service or Individual Services unless otherwise notified by the Seller or NBN Co.
1.20. NBN Co will not be liable to the Customer in any way (including any claim in negligence) for any Loss the Customer may suffer or incur arising from or in connection with the Service or any Individual Services or any Downstream Service.
1.21. The Customer acknowledges that the Seller may receive interception warrants from interception agencies and that the Seller will provide interception in the event that a valid interception warrant is received.
1.22. Unfair Contract Terms Compliance
The Seller acknowledges and agrees that any term of this Broadband Services Terms that is deemed to be an unfair contract term under the Australian Consumer Law will be void and unenforceable. This does not affect the validity of the remaining terms.
1.23. Limitation of Liability
To the extent permitted by law, the Seller’s liability for any loss or damage arising from or in connection with these Broadband Services Terms is limited to the Charges paid by the Customer. This limitation of liability does not apply to any liability that cannot be excluded by law, including liability for fraud, personal injury, or death.1.24. Dispute Resolution
In the event of a dispute arising out of or relating to these Broadband Services Terms, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation within fourteen (14) days, either party may refer the dispute to mediation by a mediator agreed upon by the parties or appointed by the Australian Small Business and Family Enterprise Ombudsman. Each party will bear its own costs of the mediation. This clause does not prevent either party from seeking urgent interlocutory relief from a court of competent jurisdiction.
2. FAULT REPORTING
2.1. The Seller will provide a fault reporting service between 8:30am and 6pm Mondays to Fridays (except for public holidays) (Brisbane time).
2.2. Additional charges for maintenance are payable each time a fault report is made where the Seller determines that it is not responsible for the fault as it is located on the Customer equipment or facilities. These charges are:
(i) for work conducted between 9am and 5pm Mondays to Fridays (except for public holidays) (Brisbane time) is: $120 (ex GST) per person for the first half hour and $95 (ex GST) per person per half hour thereafter; and
(ii) for work conducted at other times: $220 (ex GST) per person for the first half hour and $95 (ex GST) per person per half hour thereafter.
2.3. To report a fault please log into the Customer account panel and proceed to the Support tab and log a fault under the appropriate section.
2.4. The Customer agrees to provide all necessary assistance to enable Us to locate and repair a reported fault but we will not be liable for any expenses incurred by the customer to find or rectify a fault unless by prior written agreement.
2.5. When requesting support for a broadband internet service please check that the Customer’s own equipment is not at fault before proceeding with support. An incorrect call out charge may apply if the line carrier has determined that no fault is found or the fault occurred within the customers own equipment. Rates are charged as per section 9 below.
2.6. The Seller is responsible for correcting faults that are present in Our Network and equipment, but not for:
(i) any fault which is caused by the Customer equipment, but will, where possible, advise the Customer of that fault and its probable cause and location but will bear no further liability or responsibility. The Seller may charge the Customer for any costs which the Seller incurs in investigating the fault;
(ii) any fault which is within a Supplier Network of an interconnected Supplier, although We will notify that Supplier of the fault and request that it be corrected promptly.
2.7. The Seller provides support and diagnostics of customer premises equipment and network (outside of our Network and Equipment) as per the The Seller’s Support Agreement.
2.8. After Hours Urgent Support
(i) This service is available outside normal operating hours and is strictly for critical service effecting issues. This service is only to be used for the Seller’s voice / broadband network faults ONLY and not for issues with the Customer’s own equipment or local network. Non critical issues e.g a individual destination failure or suspected performance issues can be reported at anytime but will be responded to within normal working hours.
(ii) Messages left for the urgent support team must include the customer account code, the authorised contact name, contact email and a detailed description of the fault, as well as any information that the Customer believes would help us identify and resolve the fault. We will not respond to requests for assistance unless sufficient information is provided to help us identify the fault should also be submitted as email request to support@nehos.net
(iii) We reserve the right to charge as per the The Seller’s Support Agreement to customers using the After hours Urgent Support system for any non urgent support issues as defined above or if the fault was with the Customer’s our own equipment or local network.
3. REQUIRED EQUIPMENT
3.1. The Customer must provide, install, configure and maintain the appropriate equipment for Connection to the Seller network. It is the customer’s responsibility to check with the Seller before ordering any services that the Customer’s current equipment and or network that will be used to connect to the Seller’s network is recommended and compatible.
3.2. The Customer is responsible for payment of any costs associated with the data communications line (telephone line or similar link) used for Connection to the Seller’s network.
3.3. The Customer must, upon becoming aware of an occurrence described in this clause, immediately disconnect or deactivate (or procure the immediate disconnection or deactivation of): any networks, systems, equipment or facilities owned or operated by the Customer or any End Users that are:
(i) damaging, interfering with, or degrading or deteriorating the operation or performance of the the Seller’s Network or the supply of products or services to Us or any other customer of Our suppliers; or
(ii) incompatible with the the Seller Network or in order for Us to comply with the terms of supply by a third party; and
(iii) any connections referred to in this clause that are not made and maintained in accordance with the Service Agreement and all applicable laws.
3.4. The Customer must ensure that any equipment used by the Customer or any End Users in connection with the Service or the the Seller Network has all necessary regulatory approvals, the uses to which such Equipment is put are not prohibited by any Regulator and comply with the Service Agreement and all applicable laws, and is maintained in good repair and working condition.
3.5. The Customer consents to the Seller and the Seller’s suppliers (and our respective Personnel) entering any premises owned, controlled or occupied by the Customer, any of the Customer’s Related Bodies Corporate or any End User at which the Service will be provided, and doing anything that is necessary at that premises in connection with:
(i) the installation and supply of the Service;
(ii) the delivery, installation, connection, inspection, modification, replacement, maintenance, repair, servicing, disconnection or removal of any of the Seller’s Equipment.
4. RELOCATION OF SERVICE
4.1. If the Customer requires us to move the Customer service from one physical location to another the Seller requires the Customer to apply for a new service at the new location and cancel the existing service.
4.2. If the Customer are relocating an existing End User Service, the Seller cannot guarantee that Seller will be able to provide the End User Service at the new End User Site.
4.3. If the existing Service is relocated during the Initial Period it will be deemed to be a termination of the existing Service and relevant early termination Charges will apply.
4.4. The standard Service Installation Charge for End User Services will apply to the relocated End User Service.
5. MANAGED ROUTER / CARRIER / SELLER’s EQUIPMENT
5.1. The Seller’s managed routers have enabled a web interface to monitor and change basic configuration settings. By accessing and changing any configuration settings within the router the Customer’s agree to indemnify the Seller in respect of any loss of service for any miss configuration, including reduction in service quality or security breaches.
(i) The Seller can provide training or configuration of the router as per the Support Agreement.
(ii) If the Customer requires the Seller to provide any advanced configuration changes i.e VPN, firewall etc changes or to fix any configuration issues made by the customer these will also be charged as per the Support Agreement.
5.2. The Customer must use any supplied Seller Equipment in accordance with any directions of the Seller notified to the Customer from time to time
5.3. Supplied equipment including any configuration not accessible via the web browser (the Seller Intellectual Property) remains the property of the Seller. Any attempt to access or change the configuration of equipment belonging to the Seller, is strictly prohibited and will constitute a breach of this agreement and subsequently reported to authorities.
5.4. The Customer will ensure that the the Seller Equipment is not damaged and remains in good condition.
The Customer must notify the Seller promptly on becoming aware of any damage to or malfunction of the Seller Equipment or that the Seller’s Equipment requires maintenance of any kind.
5.5. The Seller may, subject to giving reasonable notice and at the Seller cost, change, modify, replace or remove the Seller’s equipment in our absolute discretion.
5.6. The Seller’s equipment always remains the property of Seller or the supplier (as the case may be).
5.7. The Customer will not enter into any agreement for the transfer, sale, mortgage, granting of any security interest or other dealing in connection with the Seller’s Equipment.
5.8. The Customer will not, without Seller’s prior written consent, remove or obscure any identification marks on the Seller’s Equipment.
5.9. The Customer will comply with all reasonable instructions Seller gives the Customer to protect the Seller’s ownership of the equipment.
5.10. The Customer will only use the Seller’s Equipment at the location stipulated by the Seller and will not part with possession of the Seller’s Equipment except to provide it to Seller.
5.11. The Customer will allow Seller to and, where applicable, will ensure that the Customer’s landlord or any other relevant third party allows the Seller to, enter and remove the Seller’s Equipment from the Customer’s premises upon expiry or termination of the Agreement; and
5.12. The Customer will return the Seller’s equipment to the Seller’s possession as soon as practicable in accordance with any Seller’s request to do so where the Seller’s Equipment is no longer used by the Customer or this Agreement has expired or is terminated.
5.13. If The Customer fails to disconnect and return Seller’s Equipment within 10 Business Days of being required to do so, then We (or Our agent) may disconnect and recover that equipment. The Customer is deemed to have consented to and approved of Us (or our agent, as the case may be) disconnecting and/or removing that equipment or other items or connections.
5.14. The Customer bears the risk of loss or damage to the Seller’s Equipment from the date of delivery of such Equipment to the Customer premises or when the Customer picks it up and the Customer indemnifies the Seller in respect of any such loss of damage.
5.15. The Seller may charge the Customer, in accordance with our standard time and material rates and terms, for any repair, maintenance or replacement of Seller’s Equipment which is required due to events other than normal wear and tear.
5.16. The Customer will make available an adequate power supply and environment (including air conditioning) for the operation of any Seller’s Equipment.
5.17. The Customer is liable to pay the Seller on demand any cost and/or expenses incurred in repairing or replacing the Seller’s Equipment, or other property owned by Seller or for which the Seller is liable, which is damaged or destroyed as a result of connection to the Customer’s network or power supply.
6. SERVICE LEVEL AGREEMENTS
6.1. The Seller Broadband services require mains power to operate in the ordinary course and will not work if the power goes out and should not be relied on for emergency calls;
6.2. The Seller offers an alternative backup service for business critical services. Please contact the Seller’s sales for more information.
6.3. A restoration target will not apply where problems are caused or contributed to by interference.
6.4. The line provider will conduct restoration activities between 8:00am to 5:00pm on Business Days.
7. BYO EQUIPMENT
7.1. By selecting a BYO option the Customer assumes full responsibility for any configuration, network quality or security issues that may arise from using the Customer’s own equipment.
7.3. The Seller’s Support are limited to only confirm the DSLAM service statics for the service.
7.4. NBN Co is only able to confirm that the NBN Co equipment, network and the Seller’s service is configured and working correctly and may not show issues with the Customer’s own equipment / network. In such circumstances where no fault is found with the Seller or NBN network, the Customer’s account will be charged as per section 8 and 2.2.
8. ADDITIONAL SERVICE CHARGES
8.1. New Developments Charge (any access technology): $300 (ex GST)
8.2. If the Customer cancels an Individual Service prior to the Service Start Date after submitting an Order, the Customer will be charged $25.00 ($27.50 including GST).
8.3. Installation for non standard installation – Labour Rate + Materials over and above initial standard installation (price determined by NBN onsite and assessed on case by case basis)
8.4. Professional Installation of Central Splitter on a FTTB/N/C service during standard Access Virtual Circuit installation: Minimum $160 (ex GST). Charge calculated at Labour Rate + Materials over and above initial standard installation (price determined by NBN onsite).
8.5. Professional HFC-NTD Installation on a HFC Access Virtual Circuit: Minimum $150 (ex GST). Charge calculated at Labour Rate (minimum 2 hours)
8.6. Subsequent Installation: $270.00 (ex GST) + Labour Rate + Materials over and above Initial Standard Installation (price determined by NBN onsite)
8.7. Installation of Central Splitter on a FTTB/N/C service post-Access Virtual Circuit installation: Minimum $235 (ex GST). Charge calculated at Labour Rate (minimum 3 hours at $75 (ex GST) per hour) + Materials (minimum $10 (ex GST))
8.8. Equipment Modification (attendance at Premises required) FTTP & Fixed Wireless: Labour Rate + Materials (price determined by NBN)
8.9. Equipment Modification (attendance at Premises required) FTTB/N/C: Minimum $235 (incl GST). Charge calculated at Labour Rate (minimum 3 hours at $75 (ex GST) per hour)
8.10. Equipment Modification (attendance at Premises required) HFC: Labour Rate (minimum 3 hours) + Materials (Total price determined by NBN)
8.11. Equipment Removal FTTP & Fixed Wireless: Labour Rate + Materials (price determined by NBN)
8.12. Equipment Removal FTTB/N/C: Minimum $235 (ex GST). Charge calculated at Labour Rate (minimum 3 hours at $75 (ex GST) per hour)
8.13. Equipment Removal HFC: Labour Rate (minimum 3 hours) + Materials (Total price determined by NBN)
8.14. Equipment Repair FTTP & Fixed Wireless: Labour Rate + Materials (price determined by NBN)
8.15. Equipment Repair FTTB/N/C: Minimum $235 (ex GST). Charge calculated at Labour Rate (minimum 3 hours at $75 (ex GST) per hour)
8.16. Equipment Repair HFC: Labour Rate (minimum 3 hours) + Materials (Total price determined by NBN).
8.17. No Fault Found (No Truck Roll Required): $60 (ex GST)
8.18. No Fault Found (Truck Roll Required): Minimum $160 (ex GST). Charge calculated at Labour Rate (minimum 2 hours at $80 (ex GST) per hour)
8.19. No Fault Found FTTB/N/C (Truck Roll Required and Professional Splitter Installation): Minimum $272.50 (ex GST). Charge calculated at Labour Rate (minimum 3.5 hours) + Materials (minimum $10 (ex GST)) (Total price determined by NBN)
8.20. Late Cancellation FTTB/N/C & HFC (Site Visit Required): $75 (ex GST)
8.21. Missed Appointment FTTB/N/C & HFC: $75 (ex GST)
8.22. Restoration: $50 (ex GST)
8.23. Incorrect callout FTTB/N/C & HFC: $75 (ex GST)
8.24. Voiceband Reinstatement/Transition Reversal FTTB/N/C: $250 (ex GST)
8.25. Voiceband restoration of an End User’s existing POTS in the event it is disconnected without authority/by accident by the Customer : $250 (ex GST)
8.26. Transition Reversal in the event a FTTB/N/C was unauthorised (disconnection of FTTB/N/ C AVC and reversal of any installation works undertaken as part of the original Transition Order): $250 (ex GST)
8.27. Speed Upgrade: $POA