Overview of these terms

These terms and our Critical Information Summaries set out our standard customer terms. To understand your rights and obligations, you should read these terms and the Critical Information Summary that relates to your service.

Changing these terms

From time to time, we may need to change these terms. If we believe the change will benefit you, has no impact on you, or has a neutral impact on you, then we don’t have to notify you, but we’ll usually publish a notice on our website or email you.

We don’t have to give you notice of a change if we need to make the change immediately in order to act legally or the change results from changes in the law, or we think the changes are necessary for security, fraud prevention or technical reasons. But if this is the case, we’ll give you as much notice as we reasonably can.

If we make a change and you don’t accept it, you may cancel your service by giving us notice. Your service will be cancelled from the date the change takes effect. You won’t have to pay any early termination costs that would otherwise be payable by you for cancelling your service at that time. If you don’t cancel your service, you’ll be taken to have agreed to the change from the date on which the change comes into effect.

Signing up for a service

Accepting your application

When you request a service, we decide whether to supply it to you based on these terms, the availability of the service at your address and your eligibility for that service.

Service commencement

Your service commences on the earlier of:

  • the date you first use the service; or
  • the day of the month in which we notify you that the service has been activated.

Using your service

You must use compliant equipment

You may only connect equipment to your service that complies with relevant standards. For these standards see the Australian Communication Media Authority’s website at: http://www.acma.gov.au

You must make any changes we ask to your equipment to avoid any danger or interference it may cause.

Our provision of your service

We’ll use reasonable care and skill in providing your service. However, given the nature of telecommunications systems, we cannot promise that your service will be continuous, accessible at all times or fault-free. There are also other non-excludable rights under consumer protection laws such as the Competition & Consumer Act 2010 (Cth) and State and Territory Fair Trading Acts that may apply to goods or services we supply to you, including that services be fit for their purpose.

Keeping your account information secure

You must keep your account information, password, data and equipment secure. We’re not responsible for any loss or damage you suffer as a result of your failure to maintain such security.

Keep your details up to date

You must keep your account details, including your contact phone number and email address, up to date.  This is so that we can inform you about important things to do with your service. We recommend you regularly check the email address that you have provided as a contact address, as we will use this and the mobile number you provide to communicate with you about your service.

 

Transferring a service to Broadsignal

Transfer of a service

If you have a service with another provider, and sign up for a Broadsignal service in place of that service, you must be the legal lessee or an authorised representative on the account in order to transfer that service to Broadsignal.

In submitting your order, you:

  • agree that you’re the account holder of the service or authorised by the account holder to transfer this service to us;
  • agree that the information provided to us in signing up for a service is true and correct;
  • authorise us to act on your behalf to transfer your service; and
  • consent to your current provider disclosing information about your service accounts with them and service numbers to us to effect the transfer to us.

Your broadband service will be suspended during transfer

Your broadband service will be suspended during transfer process. This will result in broadband service downtime from when your existing service is cancelled until your Broadsignal service is activated.

You may experience a downtime of between 20 minutes and 6 hours. We’ll try to ensure that the downtime does not exceed this expected timeframe.

Termination fee may be payable and benefits affected

You’ll be responsible for any charges you incur under your contract with your current broadband, phone or service provider, as well as any fees (such as termination fees) that arise as a consequence of the transfer. We suggest that you check your contract before signing up with Broadsignal.

Your provider email address

If you’re currently using the email address that was supplied to you by your current provider, you still may be able to access it once the transfer has occurred, so you should arrange to either keep your current email address with you previous service provided or change your email to a free service using gmail or outlook for example.

Moving your fixed service to another address

Transferring your fixed service

At your request, we may move a fixed service to another address.

However, we can only do so if we can service the area you would like it moved too. Use our address changer: broadsignal.com.au to check if nbn™ is available at your new address.

 

A plan change may be required

If you would like to move your service, and you’re on a plan that we are no longer making generally available, you’ll need to move to one of our then-current plans, and the fees and inclusions of that new plan will apply.

Moving fees may apply

If you request that we move your service to another address we can service, you may need to pay an installation charge for the new address.

Switching to the nbn™

If you have an existing service on your line you will lose this when we connect our service. If you would like to make phone calls, you can use Voice over IP, Skype, a mobile or another products. If you require a traditional voice service at your place due to priority assistance, Broadsignal is not suitable for you

Broadsignal does not support specialised services like medical alarms, lift phones or fire indicator panels. If you have these services, please contact your provider to arrange a successful transfer of these services to the nbn network. The Government also encourages you to register these services with nbn co – you can find out more and register at www.nbnco.com.au

 

 

Use of your service

Keeping track of your usage

You can keep track of your usage online by signing in to your Broadsignalaccount on our website at broadsignal.com.au. We’ll also send you alerts when you’re approaching your monthly data usage limit. Note: you can’t track your usage, and we will not send you alerts, if you’re on an unlimited data plan.

Changing your plan size

You can change your plan size to another available plan size at any time but only once a month.

If you increase your plan size, you’ll receive the extra data allowance straight away, and the new monthly charge for your plan will apply from the next month.

If you reduce your plan size, we’ll move you to the smaller plan size at the start of the next month, and your new monthly charge and data allowance will apply from the next month.

Maintenance of your service

We encourage you to use our technical support services for problems with your service. We’ll use reasonable efforts to rectify the problem as soon as possible. However:

  • we don’t provide technical support services for configuring your home network to connect it to your service, and we don’t provide assistance with home network-related difficulties;
  • if we need to attend the premises in response to a technical support call, and we believe on reasonable grounds that there is no service problem, or that we did not cause the service problem, we may charge you a service fee that will be notified prior to our site visit; and
  • we do not repair or maintain your equipment; and
  • all cabling and equipment on your side of the network boundary point is your responsibility.

Acceptable use policy

Use your service for these things

Our services are provided for personal use for residential and business for business customer. You must only use, and allow a service to be used, for that purpose.

Your ordinary use of your service for your personal use will not be a breach of this Acceptable Use Policy.

 

Don’t use your service for these things

You must not use your service, attempt to use your service or allow your service to be used in any way which:

  • causes you to breach any part of these Customer Terms, or to breach any law, a code or an instrument which governs your conduct;
  • could cause us to breach, or be involved in a breach, of any law, a code or an instrument which governs our conduct, or infringe the rights of a third party, including the intellectual property rights;
  • is commercial or business use (including use other than personal, household or domestic use, or reselling the service to a third party, making the service available to people outside your household, or running an internet café on the service);
  • creates or distributes viruses, malware, anti-security programs;
  • could result in us incurring a liability to any person;
  • in our reasonable opinion, significantly interferes with other customers’ use or enjoyment of a service or interferes with our efficient or proper operation of our services;
  • engages in conduct or activities that we consider could adversely affect or prejudice the Broadsignal reputation or brand; or
  • attempts to manipulate or bypass any limitations on your service by any means.

If you breach the Acceptable Use Policy

A breach of this policy may amount to a serious breach of these terms which may entitle us to suspend or terminate your service, as set out below.

 

Charges

Billing periods

Our billing period runs from the monthly anniversary of the 1st day of service, for 30 days.

Charges for your service

You must pay for activation of your service and modem on the date you sign up. These costs are not refundable if you subsequently withdraw your order for a Broadsignal service.

All monthly charges are payable in advance.
You must pay the monthly charge for your selected service starting from:
the date your service is activated.

We try to include all charges relating to a billing period on that bill. Where that does not happen, bills may include charges from previous billing periods as long as we comply with the billing requirements in the Communications Alliance Code – Telecommunications Consumer Protections (C628). A copy of the Code can be found at: https://goo.gl/RHC1id

Payment methods

You’ll be billed on the first of each month (billing month) for that month’s service. You must pay for your service using direct debit from your credit card or a PayPal™ account. We may make other billing methods available from time to time.

Overdue payments

If you do not pay an invoice on the first, we’ll send you a reminder notice on the 5th.

If your bill remains outstanding 10 days after you receive a reminder notice by sms, your service will be suspended and you won’t be able to use your service. We’ll send a notice notifying you that your service has been suspended and warning you that it will be disconnected. If 10 days after receiving a disconnection warning by sms your bill remains outstanding, your service will be disconnected.

We recognise that sometimes unforeseen events in your life, such as sudden illness or loss of employment, may affect your ability to pay us for services you have used. If you’re experiencing financial hardship which is affecting your ability to pay an amount which is due for your service, please call us on 08 8448 1120.

Taxes

The charges for your service may not include all taxes. You must pay any applicable taxes that we include as part of your invoice for your service. Applicable taxes may include any stamp and other duties, fees, taxes (including GST) and charges relating to your purchase of the modem or your service.

GST may be imposed on a supply we make to you under these terms. We’ll issue a Tax Invoice to you for any supply on which GST is imposed.

Suspension, cancellation or termination of your service

Your right to cancel this service

You may cancel your service at any time by calling us on 08 8448 1120. If you cancel your service, we won’t refund any fees that you’ve already paid to us, including any upfront fees, even if you cancel before the activation of your service.

If you’re on a month to month plan and you cancel it after activation but before your first monthly bill you’ll be charged one month’s plan charge.

Our rights to terminate your service

We may terminate your service:

  • if you are in serious breach of these terms, and we have notified you in writing of your breach and you have failed to remedy the breach within 30 days of our notice, where the breach can be remedied;
  • immediately, if you are in serious breach, and the breach is something which cannot be remedied; and
  • immediately, for a non-serious breach of these terms, where the consequences are serious;
  • We can also terminate your service by telling you with as much warning as we reasonably can if:
  • the law requires us to do so, or if providing your service becomes illegal or we believe on reasonable grounds that it may become illegal;
  • if a regulatory event occurs, and we are not able to continue providing a service to you at all or on the same terms as set out in these terms;
  • we are not able to provide your service to you due to an event outside our reasonable control (such as a failure in equipment that is not owned or operated by us, an industrial strike or an act of God); or
  • we take reasonable steps to appropriately offset the effect of the cancellation on you (for example by providing a credit or a rebate to you).

If we terminate your service, you must still pay us for any charges incurred before the termination of the service.

 

Our rights to limit or suspend your service

We may limit or suspend your service, once we’ve given you reasonable notice:

  • where we would be entitled to terminate your service in accordance with these terms;
  • if we reasonably suspect a breach of these terms has occurred and we need to investigate; or
  • for the purpose of maintenance, integrity, protection or restoration of our networks or the users of our networks.

If we need to limit or suspend your service for any of maintenance reasons, usually we’ll give you 24 hours’ notice, unless the maintenance is urgent, in which case we’ll give you as much notice as we reasonably can.

If we suspend your service, we’ll refund any fees that you paid for the period your service was suspended.

Our right to migrate your service

We may migrate you to an alternative service or pricing plan by providing to you reasonable prior notice. If you’re not satisfied with the alternative service or pricing plan, you may terminate your service by giving us notice.

Liability

Our liability to you

Except as set out in the paragraphs below:

  • we accept our liability to you for breach of contract or negligence under the principles applied by the courts and for breach of any non-excludable rights under consumer protection laws;
  • we are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract).
  • we limit our liability to you for any losses caused by any interruption or delay to your service to an amount equal to the service charges billed to you for the affected service for the period of the interruption or delay;
  • we accept our liability to you for breach of contract or negligence under the principles applied by the courts:
  • for any personal injury or death to you, your employees, agents and contractors in relation to the supply of your service;
  • for any damage to your property (real or tangible) resulting from the supply of your service, but we limit our liability to our choice of repairing or replacing the property or paying the cost of repairing or replacing it; and
  • for any other cost or expense reasonably incurred as a direct result of our breach or negligence (but excludes loss of profits, likely savings and data), but we limit our liability for all such claims in aggregate to the total amount payable to us by you for the first year of your service;
  • other than to the extent we have accepted liability under this clause and for liability that cannot be lawfully excluded or limited under law, including under consumer protection laws, we exclude all other liability to you or a third party for breach of contract, negligence or any other law. For any liability that cannot be lawfully excluded but can be limited, our liability is limited to resupplying or paying the cost of resupplying services and repairing, replacing or paying the cost of repairing or replacing goods;
  • we are not liable for any loss to the extent that it is caused by you, your employees, agents or contractors; and
  • we are not liable for any loss caused by us failing to comply with our obligations regarding your service where that is caused by events outside our reasonable control (such as a failure in equipment that is not owned or operated by us, an industrial strike or an act of God).

 

Your liability to us

You’re liable to us for breach of contract or negligence under the principles applied by the courts. However, you’re not liable to us for any loss to the extent that it is caused by us (for example, through our negligence or breach of contract).

General

Transferring obligations

You may not transfer your rights and obligations in respect of your service without our consent, which will not be unreasonably withheld.

From time to time, we may need to ask another party to provide some aspect of your service to you. We may transfer or novate any of our rights or obligations about your service to a third party who agrees to be bound by our obligations under these terms.

Notices

If we need to notify you of any matters about your service, we may use post, SMS or email to the mail address, mobile number or email address you provided to us when you signed up for a service.

Survival of certain clauses

Clauses relating to charges, privacy and liability survive termination of your service.

Governing law

These terms are governed by the laws of the Australian State or Territory in which you receive your service.

Defined terms

Certain words in this document have defined meanings as follows:

fixed service means an nbn™ service.

GST and Tax Invoice have the meanings given in the A New Tax System (Goods and services Tax) Act 1999 (Cth).

intellectual property includes all patents, designs, copyright, trade marks or circuit layout rights and any right to apply for the registration or grant of any of the above.

modem means the Wi-Fi modem that we supply to deliver a broadband service or bundle to you.

nbn™ service means an nbn™ broadband service.

premises means the location to which your service will be provided.

regulatory event means:

  1.  a determination or notice issued by the Australian Competition and Consumer Commission, the ACMA or other regulatory notice or determination; or
  2.  a determination by any court; or
  3.  a determination by us that, in our opinion, on reasonable grounds and acting in good faith,

the supply of your service, these terms or any action taken or required to be taken in accordance with these terms contravenes or may contravene any applicable law.

 

service means a broadband, voip or mobile service provided to you, and includes any goods or equipment provided in connection with that service.

weus and our means Broadsignal Pty Ltd (ABN 95 149 641 207) and its employees; as well as its agents, sub-agents and their respective employees.

you and your mean the customer.