Service Terms of Service

These terms apply to our Fixed Wireless, nbn residential, nbn business and Mobile Phone plans.

Definitions

The “Provider” is Way South Internet & Phone (‘WSIP‘).

The “Customer” is that specified on the account Invoice(s), as defined from the initial service order or a recent update request.

The “Service” means access to the Internet and/or the Provider’s network, including computer resources, equipment, disk storage and communication facilities.

The “Premises” is the location where the Customer chooses to have the Service provisioned to

Premises Access

We may require access to your premises, to install or maintain your service. You agree to provide us with safe access to the premises when required. This may include equipment installation, testing, maintenance and replacement, repairs or equipment recovery whenever the Service is cancelled by you, or at our discretion.

If you are not the owner of the Premises you must obtain the owner’s permission for us to access the Premises. If the owner does not give you permission you must notify us prior

to any work commencing on the site. You agree to indemnify us against any claim or costs the owner of the Premises makes against us, our employees or our contractors; upon entry or commencement of Premises Works.

Service Connection

Services will be connected as soon as practical. We are not liable for any delays with your service connection or an inability to supply the Service to you. Charges for your Service are payable upon the service connection.

 We decide the technical means of Service delivery and at any time we have a right to change the infrastructure necessary to deliver your Service, provided that the performance of your Service is not adversely affected by these changes.

Request to Alter Service Installation

If on the day of your scheduled installation, either during or prior to the installation beginning, you decide to cancel or place limitations on the works, WSIP reserves the right to charge the full installation fee.

Limitations on the works, may include but are not limited to the height of the mast, the location of the mast on the roof of the premises, or which roof the mast is installed on. Due to how the Service operates, limitations on the works and installation can cause the install to be unsuccessful, based on our connection quality standards. Any installation requests or limitations that you would like to place on the works will be escalated by the installers, at the time, to be reviewed by our customer Service team.

Service Interception & Testing

You acknowledge all of the following;

  • For the purposes of security, you give us authorisation to scan, test, access and conduct work on your network connection, equipment or IP address range allocated to your Service. We may (although not obliged to) monitor your communication over your Service (as permitted under law). This may be conducted to maintain your compliance with our Service TAC’s, our compliance with the law and any request by law enforcement or other relevant authority.

Equipment

The equipment supplied to connect your Service remains the property of WSIP. This does not apply to equipment purchased by you as part of the Service, including routers or modems.

WSIP remains the owner of all network equipment brought onto the Premise during and after any contract expires.

The equipment must have a sustainable power supply and be in a location required to operate your Service. You may pay WSIP for any loss or damage, excusing fair wear and tear, to the Equipment from the moment it is installed or delivered to you.

You must not sell, lend, remove or part with the Equipment at any point except when it is removed in Accordance with our instructions and approval. WSIP, its employees or contractors must be granted access to recover the Equipment after your Service has ceased.

You also agree that you are responsible for the supply, operation, maintenance, security and repair of your own equipment. Your Equipment must comply with all Australian laws and technical standards as determined by regulatory bodies.

If you purchase incorrect equipment from us it may be exchanged to us within Seven (7) days of delivery, as long as the equipment is returned without damage, in complete condition as it was prior to the purchase and with all packaging intact.

You agree to allow us to inspect Your Equipment, make any modifications to it and to follow our reasonable directions for operation, maintenance, security and repair of Your Equipment. This is to ensure the safety and quality of WSIP Equipment, our Service and our network.

Service Maintenance & Quality

We cannot promise a continuous or faultless Service; however, we endeavor to provide this.

To ensure the WSIP network and our Service functions at optimum quality levels, periodically we conduct maintenance, testing, updates, replacements or repairs to the network or our equipment.

You acknowledge this work may cause temporary disruption to your Service and that we will use our best endeavors to cause the least disruption as possible, as well as trying to conduct these works outside normal business hours, however, we may not always be able to do so.

We will also endeavor to contact customers about any planned service disruptions.

If reporting a fault to your Service, please check the fault is not caused by your equipment. If our representative attends your premise for a fault report submitted by you; and in our, our employees or contractors reasonable opinion no fault is identified or the fault is deemed to be caused by your equipment or a negligent act, we may charge you a fee.

This charge is applicable if you cause the fault, as a reckless, negligent or intentional act. It is also applicable if someone, with or without our permission (or implied permission), causes the fault as a reckless, negligent or intentional act.

Services Payments & Billing

All Service upfront costs and monthly charges are detailed in our Service Plans, or in the terms and conditions of an advertised product.

Payment of upfront costs, monthly charge or additional fees must be paid in accordance with the terms set out in your billing invoice.

If we are required to Service, repair, alter or replace the Service or any Equipment used for the Service because you (including anyone with permission, implied permission, your employees, agents or contractors) have breached the Service TAC’s, have been negligent, fraudulent, reckless or your equipment has failed due to your own act or omission, we can charge you an additional fee or fees.

This charge is also applicable to electrical power failures, surges and fluctuations caused by your own (including anyone with permission, implied permission, your employees, agents or contractors) act or omission.

All Service billing will be made in accordance with our billing policy and as a condition of supplying the Service to you. You agree to supply us with valid and current billing information, and if required provide authority to direct debit your nominated bank or credit card in order to pay for the Service and billing invoice we send you.

Where payment by cheque is available as a payment option, we will charge you a fee if your cheque is dishonored. Similarly, if your direct debit payment is declined we will charge you a fee.

Any costs we incur in the process of collecting late, or unpaid payments will be charged to you. If you do not pay your bill we can also suspend or even cancel your Service until your bill payment is made. These costs include but are not limited to, penalties or interest as a result of late or declined payment, as well as levies or fees charged to us per Service. Any value added taxes relevant to the Service will also be charged to you.

Service Alterations, Cancellations & Suspensions

Alteration

Alteration to your Service, its delivery and/or capacity may involve different charges, which we will apply in accordance with the currently advertised Service Plans on our website.

Cancellation

Cancellation of your Service by us may occur, without liability, based on the following:

  1. By giving thirty (30) days’ notice where no contract term applies to your Service (Contract Term)
  2. By giving thirty (30) days’ notice to you after your Contract Term expires or within the 30 days preceding the termination date of the Contract Term; and
  3. Immediately, if we determine that it is not feasible to supply the Service to you for technical or operational reasons.

Cancellation of your Service by you may occur, without liability, by giving us notice in the following circumstances;

  1. By giving thirty (30) days’ notice where there is not Contract Term in your Service Application and the related CIS;
  2. By giving 30 days’ notice any time after your Contract Term expires;
  3. If we breached the CSA and cannot remedy the breach;
  4. If we can remedy the breach of the CSA but have not remedied it within 30 days of you giving us notice of the breach.; and
  5. Before the end of the Contract Term, in accordance with your Service Application, by paying the specified cancellation fee and any related charges.

Suspension

Suspension of your Service by us can occur, without liability, based on your default or conduct or based on event not caused by you.

Reasons for suspension of your Service caused by you include;

  1. Failure to pay your billing invoice by the invoice payment date, after we have given you seven (7) days’ notice of your failure to pay. This does not apply if the invoice payment amount is validly disputed according to our Billing Policy and until the dispute and investigations can be completed under the policy;
  2. You are considered to be an unacceptably high credit risk;
  3. You leave your premises;
  4. You die;
  5. You have breached the CSA, can remedy your breach but have not remedied your breach within 30 days of us giving you notice of the breach;
  6. You have breached any of your obligations as part of the Service;
  7. Fraud or illegal conduct has occurred by you or anyone else in relation to the Service, as reasonably suspected by us;
  8. A threat or risk to the quality or security of the Service or the WSIP network has occurred, that we reasonably suspect is linked to or caused by you, your employees, contractors or someone     who you have given permission or implied permission to use the Service;
  9. The Service is on sold by you to a third party, or you act as a telecommunications carrier or Service provider;
  10. You, your Company or a related body is effected by insolvency;
  11. A Partnership between you, your Company or a related body dissolves and can we reasonably determine it is unlikely we will be able to receive your payments according to your Service Application;
  12. Your business ceases operation or changes the way it is operated when you signed your Service Application.

Reasons for suspension of your Service not caused by you include;

  1. We are required to suspend the Service by law or by order of emergency Services or any other     authority;
  2. We are issued with a competition notice (refer to the Competition and Consumer Act 2010) by     the ACCC;
  3. It becomes or will become illegal to supply you with the Service;
  4. A threat or risk to the quality or security of the Service or WSIP network occurs;
  5. An emergency situation arises;
  6. A supplier ceases to supply us Services under their agreement with us and we cannot find an     alternative that is acceptable to continue providing the Service.

Following suspension, we may cancel your Service at a later date for any of the above reasons. We  will endeavor to give you as much notice as possible, depending on the situation if any of the    above reasons occur for suspension or cancellation.

Reconnection of a cancelled Service will invoice the payment of a reconnection fee, unless the    reason for the cancellation was not caused by your conduct or default or has been caused by our    breach of the CSA or other default.

If your Service is cancelled you are still liable to pay charges accrued prior to the cancellation (Cancellation Fee). If cancellation occurs during a Contract Term, because of your conduct or default, you must pay the Cancellation Fee.

If at the time of the cancellation you have a credit outstanding on your account, subject to our Billing Policy, you will receive your credit to the listed credit card, provided that we reserve the right to charge you and associated merchant fees to refund the credit to you. If you require a refund of the credit by another means we reserve the right to charge a handling fee.

Upon cancellation, we must immediately be able to access the premise to remove our equipment, as soon as we are able.

All applicable terms and conditions of the CSA will continue to apply after cancellation.

Our Liabilities

Consumer Guarantees

We agree to provide the Service to you subject only to the terms, conditions and warranties contained in the CSA and any non-excludable right you have under the Australian Consumer Law, including in particular under any applicable Consumer Guarantees. Any liability that we might otherwise have to you in connection with our CSA or Service is expressly excluded.

Limitation of Liability

Where we are not permitted to exclude our liability for any loss or damage in connection with our breach of a Consumer Guarantee, but are permitted to limit our liability for such a breach, then, unless you are able to establish that it is not fair and reasonable for us to do so, our liability to your is limited to;

    a) If the breach relates to the supply of the Equipment or Your Equipment, the repair or     replacement of the equipment, the supply of equivalent equipment or the payment of cost of     repairing or replacing the equipment or supplying equivalent equipment; or

    b) If the breach relates to the supply of the Service, resupplying the Service or payment of the cost     of having the Service resupplied.

The limitations of liability in the previous clause do not apply to;

    a) A breach of the Consumer Guarantees relating to clear title, undisclosed securities and     undisturbed possession under section 51 to 53 of the Australian Consumer Law;

    b) A breach of any Consumer Guarantee relating to goods or Services of a kind ordinarily acquired     for personal, domestic or household use or consumption;

    c) Personal injury (including illness and disability) or death; or

    d) The loss, destruction or damage to, or loss of use of tangible property.

Interruption to the Service

In the case of Interruptions to the Service, we may offer you a refund or rebate for the period of the Interruption if a rebate / refund formula for Interruptions is specified in the Service Description for the Service.

You may be entitled under the Australian Consumer Law to compensation for any reasonably foreseeable loss incurred if the Interruption is caused by our breach of a Consumer Guarantee. The refund or rebate in the previous clause does not apply to interruptions, which occur because of;

    a) A cancellation, suspension or restriction to the supply of the Service in any of the     circumstances listed above;

    b) A fault or other event which may reasonably be attributed directly or indirectly to Your     Equipment;

    c) Your acts or omissions; or

    d) Scheduled maintenance of our network, the Equipment or Your Equipment.

Except for liability which is expressly accepted by us under this cause and any liability we have under the Australian Consumer Law (Including the Consumer Guarantee) that cannot be excluded, we exclude all other liability to you (whether based in contract, tort (including negligence), statute or otherwise) for suspending, cancelling or suspending the Service where we do so in accordance with our CSA.

Contributory Loss

Our liability for any loss, cost, liability or damage suffered or incurred by you under or in connection with our CSA or the Service (whether based in contract, tort (including negligence), statue or otherwise) is reduced to the extent that your acts or omissions of Your Equipment (or the acts, omissions or equipment of a third person) caused or contributed to that loss, cost, liability or damage.

Consequential Loss

We exclude any liability to you for any Consequential Loss suffered or incurred by you, except to the extent that you are entitled to recover your reasonable foreseeable loss under the Australian Consumer Law. Customer Service Agreement General Terms 1 September 2017 Page | 8 Acts of a Supplier

We accept liability to you for the acts of our agents in accordance with the principles of vicarious liability at common law. The Australian Consumer Law (including Consumer Guarantees) imposes obligations on us that cannot be excluded, including obligations on us that arise as a result of the acts or omissions of our Suppliers.

Other than as expressly stated, we have no liability to you or to any other person for the acts, omissions or defaults of any Supplier who is not acting as our agent, or any person who provides goods or Services directly to you for use in connection with a Service.

Force Majeure Event

Subject to your rights under the Australian Consumer Law, which we do not exclude, we are not liable for failing to comply with any of our obligations under our CSA if a Force Majeure Event occurs which prevents us from performing those obligations.

Force Majeure Events means any event outside the person’s reasonable control, and may include a failure or fluctuation in any electrical power supply, failure of air-conditioning or humidity control, electromagnetic interference, cable cut, fire, storm, flood, earthquake, accident, war, labour dispute (other than a dispute solely between that person and its own staff or staff under its control), materials or labour shortage, the change or introduction of any law or regulation (including the Telecommunications Legislation) or an act or omission, failure or delay of any third party or any failure of any equipment owned or operated by any third party (including any Regulatory Authority or Supplier).

Your Liabilities

Joint Customers

If you and one or more others are the customers for a Service, each of you is jointly and individually responsible for all charges and other obligations relating to that Service.

Indemnity

You must pay us for any loss, damage, cost or liability including reasonable legal costs (but excluding any Consequential loss) (Losses) we suffer or incur relating to;

    a) The use (or attempted use) of the Service; or

    b) Equipment used in connection with the Service, arising out of your (or any personal acting with     your express or implied authority) breach of this CRA or negligent acts or omissions.

Consequential Loss Means;

    a) Loss of revenue, loss of profits, loss of anticipated savings or business pure economic loss,     loss of data, loss of value or

    equipment (other than cost of repair), loss of opportunity or expectation loss and any other form     of consequential, special, indirect, punitive or exemplary loss or damages; and

    b) Any penalties or fines imposed by a Regulatory Authority, in connection with or arising under     this CSA, whether based in contract, tort (including negligence) or otherwise. You must pay us for     any Losses we suffer or incur as a result of or in connection with the suspension or disconnection     of your Service (unless the suspension or disconnection occurred due to our fault as outlined     above), including Losses suffered or incurred by us as a result of a claim against us by any third     party that relates to our suspension or cancellation of your Service.

You must ensure that any person who you allow to use the Service, or to whom you ask us to supply the Service directly, complies with this CSA as if they were you.

Intellectual Property

Way South Internet & Phone is our trademark.

Illegal downloading / file sharing

The Copyright Act 1968 (Cth) protects materials such as films, music, books and computer programs. You can break the law if you download, copy, share or distribute this material, unless you’re allowed to do so by the Copyright Act or you have the copyright owner’s permission. Please don’t use our services to do any of these things, because if you do, your service may be suspended and or cancelled and legal action may be taken against you.

Public Addressing Identifiers

Where you receive public address space (IP Addresses) as part of your Service, you must comply with the relevant Australian regulatory body that administers the address space you have been supplied with.

You also acknowledge that we do not control IP Addresses allocation, are not liable to your if the regulatory body requires that we change, withdraw, suspend or reallocate any IP addresses. Upon cancellation of your Service your rights to use allocate IP Addresses will stop.

Applicable Law

This Agreement is governed by the laws in force in Tasmania, Australia and the parties agree to be bound by the exclusive jurisdiction of the Courts of Tasmania, Australia. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions will remain in full force and effect.