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Terms and Conditions

AUSTAR broadband - Effective from 27 July 2006

1. Agreement
   1. (Binding) These terms and conditions govern the supply of the AUSTAR Broadband Service to you. If you buy Equipment from us, you will also be bound by the terms and conditions of sale available at our website www.austarbroadband.com.au. Your use of the AUSTAR Broadband Service indicates your acceptance of this Agreement.
   2. (FUP) Your use of the AUSTAR Broadband Service will also be governed by our Fair Use Policy (FUP) available at www.austarbroadband.com.au/Support/Files/Fair_use_policy.pdf and any other usage policies issued by us from time to time.
   3. (This Agreement) This Agreement includes the following (where applicable) as amended from time to time:
      1. these terms and conditions;
      2. our pricing and packaging information and/or guides published from time to time; and
      3. our policies and other published information relating to the AUSTAR Broadband Service including without limitation the FUP (except to the extent that it conflicts with the above documents).
   4. (Authorised Persons) We may use and you acknowledge that we may use Authorised Persons to perform some of our obligations under this Agreement from time to time.
   5. (Variation) This Agreement may be amended by us at any time. We will notify you of any variation by way of our website, mail or electronic mail. We will give you at least 21 days’notice of any changes or additions which we make to this Agreement which we reasonably
      consider may have more than a minor detrimental impact on you. If you continue to subscribe to
      the AUSTAR Broadband Service you will be taken to have accepted these changes. If you are a fixed term contract customer and any change or addition to this Agreement does have more than a minor detrimental impact on you, you may end this Agreement within 42 days of the date of the notice by giving us 30 days’ written notice or otherwise in accordance with clause 11.
   6. (Amended Agreement) You will be bound by any amendments or variations to this Agreement made in accordance with clause 1.5. An amended version of the Agreement will be available at our website www.austarBroadband.com.au from time to time.
   7. (Capacity) You promise us that you are over the age of 18.
   8. (Bundling) If you subscribe to AUSTAR services other than the AUSTAR Broadband Service, we may combine the services on a single account. We may terminate or suspend this Agreement if there is a credit risk associated with that account.
2. Term
   1. (Fixed Term Contract Customers) Your agreement will continue for the fixed term specified when you subscribe, unless otherwise terminated in accordance with this Agreement.
   2. (No lock-in Contract Customers) Your agreement will continue until terminated by you or us in accordance with this agreement.
3. AUSTAR Broadband Service
   1. (AUSTAR Broadband Service) We will provide to you the AUSTAR Broadband service that you select to receive from time to time, subject to and in accordance with the terms of this Agreement.
   2. (Speed and Usage) We will provide wireless broadband access to you up to the speed and Download Allowance specified in your nominated plan. Details of each plan are available on our website www.austarbroadband.com.au.
   3. (Anti Virus and Anti Spam) The AUSTAR Broadband Service includes anti-virus and antispamming technology aimed at providing you with protection from computer virus infections and unwanted spam emails in any email account that we provide to you. We cannot guarantee that your service will be virus and spam free, and you should use up-to-date virus protection software on your computer.
   4. (Service Continuity) We aim to provide, but do not guarantee, continuous or fault free services. We do not guarantee the availability or continuity of the AUSTAR Broadband Service at all times or in all service areas. The AUSTAR Broadband Service is not available in all areas of Australia. Whilst we will endeavour to give you notice of any changes, we may alter, terminate or suspend the AUSTAR Broadband Service for technical reasons at any time.
   5. (Support) As part of the AUSTAR Broadband Service, we will provide a helpdesk service accessible via telephone, web interface or electronic mail.
   6. (Download Allowance) Each Monthly Plan has a set Download Allowance. Once the Download Allowance has been reached in a billing month, the speed of your Monthly Plan will be slowed to 64/64kbps until the next billing cycle commences. No charges will be applied for excess download usage unless you choose to purchase Extra Downloads or choose to upgrade your Download Allowance. To restore the speed of the AUSTAR Broadband Service before the next billing cycle, you may purchase Extra Downloads or upgrade your Download Allowance. Any additional monthly Download Allowance charges will be calculated on a pro-rata basis. Any data downloaded during the “slowed” period is not calculated against the Extra Download or upgraded Download Allowance.
   7. (Unused Download Allowance) Unused monthly usage allowances (download and upload) for the AUSTAR Broadband Service are non-cumulative, and cannot be utilized in the following month.
   8. (Purchase of Extra Downloads) You can purchase Extra Downloads for the AUSTAR Broadband Service in any billing month, subject to the terms and conditions governing the supply of those products as featured on our website www.austarBroadband.com.au. We may refuse to supply Extra Downloads if you are late in payment, or we may require you to pay all outstanding payments and prepay the Extra Downloads requested before we supply an Extra Downloads.
   9. (Unused Extra Downloads) Extra Downloads expire at the end of the current billing month and there is no credit for unused Extra Downloads.
   10. (Changing your Monthly Plan) You may change your Monthly Plan to a higher or lower speed or to a different Download Allowance.
       1. Upgrade and downgrade of speed and the Download Allowance can be carried out in conjunction or separately.
       2. You can upgrade at any time during the month and the change will be effective immediately. Speed upgrade will not take place when there is no available Download Allowance left on your Monthly Plan (i.e. when your download limit has been reached). To lift the slowed speed, you may upgrade as explained at clause 3.6 above.
       3. A downgrade of speed and/or the Download Allowance can be requested once during each billing month and the change will be effective immediately.
   11. (Suspension) We may suspend the AUSTAR Broadband Service immediately at any time if you breach this Agreement (or Austar has reasonable grounds to believe you are breaching this Agreement) or as otherwise permitted under this Agreement.
   12. (Removal of Content) We may remove Internet content from our servers, terminate or suspend your Agreement, filter the Internet content available to you or restrict access to particular websites if we consider it is desirable to do so to deal with viruses or denial of service attacks, to remove access to unacceptable content,, if directed by the Australian Communications and Media Authority (ACMA), if otherwise required to ensure compliance with any relevant law or code of practice, or if we consider that you may be in breach of this Agreement.
   13. (Inclusive Dial Up Access) We provide access to a nationwide Dial Up service with each AUSTAR Broadband account. Customers can connect to the Dial Up service by using the same username and password. The download used by the Dial Up service will be calculated against the customer’s plan download allowance.
4. Your Responsibilities and Obligations
   1. (Intellectual Property) You must not publish or use, without our prior written consent, any trademark, tradename, logo or service mark of ours. Use of any intellectual property rights relating to the AUSTAR Broadband Service does not include or cause the transfer of ownership of those rights or give you any property rights in any of them. You indemnify us against any claim, loss or damages by any third party arising out of your unauthorised use of any intellectual property rights.
   2. (Content)You cannot use (which includes but is not limited to transmission, distribution or storage) or permit anyone else to use the AUSTAR Broadband Service to post or transmit any R-rated, sexually explicit, threatening, abusive, harassing, defamatory, indecent, racially, ethnically or otherwise objectionable or offensive material. There may be content on the Internet or otherwise available through the AUSTAR Broadband Service which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. AUSTAR cannot and does not assume any responsibility for the content contained on the Internet or otherwise available through the AUSTAR Broadband Service. You assume the risk of accessing content through the AUSTAR Broadband Service, and AUSTAR shall have no liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a filter or other program capable of restricting access to sexually explicit material on the Internet: see www.iia.net.au. Content questions or complaints should generally be addressed to the content provider.
   3. (Content Warranty) By using the AUSTAR Broadband Service to reproduce, publish, display, transmit and distribute content, you warrant and agree that the content you post through the AUSTAR Broadband Service complies with this Agreement and you authorise AUSTAR to reproduce, publish, display, transmit and distribute such content as necessary for AUSTAR to deliver the content. You are solely responsible for all content and information that you publish on the web or other Internet services. You must ensure that the recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. We reserve the right to refuse to post or to remove any Materials, in whole or in part, that we, in our sole discretion, deem to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful or in breach of this Agreement.
   4. (Warnings) By using the AUSTAR Broadband Service to publish content on your personal web space, you must:
      1. use appropriate warnings and/or labelling systems in respect of Content which is likely to be considered unsuitable for children according to the Classification (Publications, Film and Computer Games) Act 1995 and relevant Classification Guidelines; and
      2. not place on the service Content that is in contravention of any Australian State, Territory or Commonwealth law, including the Broadcasting Services Act 1992.
   5. (Monitoring) AUSTAR has no obligation to monitor transmissions made using the AUSTAR Broadband Service however AUSTAR has the right to monitor such transmissions from time to time and to disclose the same in accordance with this Agreement. If complaints are received regarding Materials contained on your web pages, AUSTAR may remove the web page and terminate your personal web space service.
   6. (Login Details and Access) We will provide you with unique login details (such as username and password) to access your account. Your login details allow you to manage your account details online and access emails. The security of your login details are your responsibility and must be kept confidential. You are responsible for the use of the AUSTAR Broadband Service by any person who accesses it through your computer and modem, under your login details and for ensuring that any such person is aware of, and complies with, the terms of this Agreement.You must not disclose any usernames, passwords or account information to unauthorised third parties.
   7. (Unauthorised Use) You must immediately notify us in the event of any unauthorised use of any username, password or account information. Until you notify us, you will be responsible for the unauthorised use of the AUSTAR Broadband Service. You must not use the AUSTAR Broadband Service to create, use or distribute tools designed for compromising the security of our network or any communications over that network.
   8. (Transactions) Use of the AUSTAR Broadband Service may allow you to access certain information, products and services from persons other than us for which there is a charge, including certain online services. You will be liable for any transaction that is initiated from the AUSTAR Broadband Service and you are solely responsible for the payment of all fees or charges for online services, products or information. You indemnify us against any claim with respect to the use of any such services, products or information. We are not liable for any product ordered or fees incurred by an unauthorised party using the AUSTAR Broadband Service.
   9. (Inappropriate Use) You must not use the AUSTAR Broadband Service in such a manner so as to infringe the legal rights of, or cause harm to, any person or breach any law including without limitation:
      1. to make available unacceptable, obscene or pornographic materials;
      2. to violate the privacy of any person;
      3. to transmit a computer virus to another user or the Internet generally;
      4. to send any unsolicited bulk messages or breach any regulation relating to the sending of unsolicited messages;
      5. for any illegal purpose, in contravention of any local, state, federal or international law;
      6. to harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another customer of the AUSTAR Broadband Service and/or the Internet community;
      7. to post or transmit any unsolicited advertising, promotional material or other forms of solicitation to any person, except in those areas that are designated for such a purpose;
      8. in a way that would be a breach of privacy or confidentiality;
      9. to achieve unauthorised access to any computer systems; or
      10. for unauthorised access or distribution of any software, data, or material protected by trade secret, copyright, patent or other intellectual property rights.
   10. (Resale) You must not resell the AUSTAR Broadband Service we provide to you.
   11. (Information) You must ensure that all information you provide to us is correct, and kept up to date. You must regularly check for emails from us at the default email address we provide to you as we may send you important notices about the AUSTAR Broadband Service using this email address.
   12. (Virus Protection) You must provide your own computer set-up protection, including virus protection technology and firewalls. We strongly recommend that you install anti-virus and firewall software.
   13. (Personal Web Space) Each AUSTAR Broadband Service comes with a personal web space. Only the primary account user name can provision and un-provision the personal web space. The personal web space will be in stored in quarantine for six months after your account is closed. If you reconnect to the AUSTAR Broadband Service with the same username within six months, the personal web space can be reactivated. If not, the personal web space will be deleted six months after disconnection.
   14. (Email) It is prohibited to harass third parties through the use of language, the number of messages or the size of a message. “Mail Bombing” is prohibited. You must not send any messages to persons who do not wish to receive them (“junk mail” or “spamming”). If a recipient indicates that they do not wish to receive any further e-mail, then this request must be complied with immediately. You must not send or forward any “chain letters” even if requested by the recipient. You must not alter “header” information with the intention of representing oneself as somebody else. We are not responsible for the forwarding of email sent to any account that has been suspended or terminated. Such email will be returned to sender, ignored, deleted, or stored temporarily at our sole discretion.
5. Equipment
   1. (Sale of Equipment) If you wish to purchase Equipment from AUSTAR, we will sell you theEquipment for the price (as identified on our website from time to time) via our website. All Equipment that we make available for purchase on our website or supply for use with the AUSTAR Broadband Services is compatible with those Services. If you choose to use equipment purchased from an alternative source, it is your responsibility to ensure the compatibility of such equipment. You agree that you are liable for any damage caused due to the use of incompatible equipment..
   2. (Use of Equipment) You must keep your modem secure against use by other parties. If your modem is lost or stolen, you must notify us immediately: you will be liable for its use until we receive your notification, when we will suspend its use. You will be responsible for replacing it.
   3. (Title and Risk) If you purchase Equipment, risk (that is, responsibility and liability) in the Equipment passes to you as soon as you receive it. Title (that is, ownership) in the Equipment will only pass to you when we have received payment for that Equipment in full and will pass back to us if the Equipment is returned to us for any reason. From time to time, we may provide Equipment for your use with a Service free of charge or at a reduced rate while you are subscribed to that Service, in which case ownership of the Equipment remains with us and doesn't pass to you at any point in time.
   4. (Use in accordance with instructions) You must only install and use the Equipment in accordance with instructions provided by us from time to time. You will need to provide an adequate and suitable space, power supply and environment for Equipment located at your nominated service address. If we agree to install Equipment, we will perform installation services at the prices set out on our website.
   5. (Money Back Guarantee of AUSTAR Broadband Services – Equipment) If you are dissatisfied with the AUSTAR Broadband Service for any reason and you exercise your Money Back Guarantee right under paragraph 6, you may return Equipment that you have purchased from AUSTAR (but not equipment purchased from anyone else) to AUSTAR. If you return the Equipment (1) following our return to base procedure as set out on our website or in the Equipment documentation for receipt by us within 7 days following the end of the 14 day MBG period, and (2) the Equipment as received by us is undamaged and in as-new condition (except for packaging), AUSTAR will pay you back to you what you paid for the Equipment. You will only be entitled to money back if you comply with this clause 5.5.
   6. (Faulty Equipment) If Equipment purchased is faulty or defective and it is a fault or defect for which we are responsible, you may return this Equipment to AUSTAR following our return to base procedure as set out on our website or in the Equipment documentation. If you do so, we will provide you with replacement Equipment without additional charge. If you do not return Equipment to us following our return to base procedure as set out on our website or in the Equipment documentation or at all and we supply you with replacement Equipment, we may charge you the price of the replacement Equipment and any costs reasonably incurred by us, such as shipping and handling costs. You agree that AUSTAR may make this charge by charging these amounts to your AUSTAR Broadband Service account.
   7. (When is AUSTAR responsible for Faulty Equipment?) We have repair, replace or refund obligations at law which we will meet. As well, we will replace any faulty or defective Equipment purchased by us that has a manufacturing fault which is apparent when the Equipment is received by you or which becomes apparent within a period of twelve months after we send the Equipment to you. This warranty does not operate where AUSTAR reasonably considers that the fault or defect is not a fault or defect for which we are responsible. We are not responsible for a fault or defect due to:
      1. abuse, misuse, neglect, mishandling or misapplication;
      2. an accident caused by you or a third party;
      3. improper maintenance or service (that is, maintenance or service not provided by us);
      4. bad weather, vandalism or misadventure or unusual hazards affecting the Equipment;
      5. failure to provide a suitable environment for the Equipment (including, for example, exposure to excessive humidity, heat, cold, dust, food, water or other liquids, magnetic or electromagnetic interference, or incorrect power voltage); or electrical supply spikes or other problems or damage to or caused by a battery.
      6. Day Money Back Guarantee
         1. AUSTAR offers a 14 day money back guarantee (“MBG”). If you are dissatisfied with the AUSTAR Broadband Service for any reason at all, you may cancel the AUSTAR Broadband Service within 14 days of plan activation (the “Money Back Guarantee Period”), and AUSTAR will refund (or where the cost has been charged to your existing AUSTAR account and is not yet paid, credit your account) any plan access charges you have paid. One-off access purchases made after sign-up to the AUSTAR Broadband Service, such as Extra Downloads, during the Money Back Guarantee Period will not be refunded even if the data purchased during that time has not been fully consumed.
         2. You should contact the AUSTAR Customer Service team on 132 432 to take advantage of the MBG and to cancel your service.
         3. The MBG is only available once per customer.
6. Liability
   1. (No Liability for Content and Computer Virus Infection) To the extent permitted by law, we do not monitor and are not responsible or liable for any content or messages delivered by the AUSTAR Broadband Service. By using the AUSTAR Broadband Service you acknowledge and agree that any material downloaded or otherwise obtained through the AUSTAR Broadband Service is at your own risk. We give no warranty, guarantee or representation about the accuracy of the information or images available through the AUSTAR Broadband Service, whether supplied by us or by third parties. Without limiting the above, we are not responsible for:
      1. inappropriate material viewed by minors;
      2. computer virus infection;
      3. SPAM emails sent by third parties to you;
      4. ensuring the data you access or make available through the AUSTAR Broadband Service will be private, secure or free of anything which may damage your equipment or data; or
      5. the content or reliability of any information or software you access or make available through the AUSTAR Broadband Service.
   2. (No Warranties on Service) We make no warranty in relation to the AUSTAR Broadband Service, including, without limitation, any warranty that the AUSTAR Broadband Service will be timely, continuous, defect or error free. We do not warrant that the use and installation of any software on your own equipment will not disrupt the normal operations of, or damage, your own equipment.
   3. (No Warranties in Relation to Security) We make no warranty in relation to the security of the Service, including, without limitation, any warranty that messages sent or received by you will not be subject to unauthorised access by others.
   4. (Indemnity) You indemnify us for any reasonable costs, losses, expenses, damage or liability directly or indirectly incurred by us from any breach by you of this Agreement, the use or misuse of the AUSTAR Broadband Service by you or anyone using your account, or any other acts or omissions by you in connection with this Agreement except to the extent caused by a negligent act or omission of AUSTAR or its Authorised Representatives.
7. Charges and Payment
   1. (Charges) The speed and Download Allowance charges will appear as separate items in your statement.
   2. (Timing) The Monthly Plan is billed in advance and any additional charges (e.g. purchase of additional Usage Blocks) will be billed in arrears.
   3. (Variation) We may increase our fee and charges to reflect any cumulative increase in the Consumer Price Index (All Groups, Eight Capital Cities) by providing you 21 days written notice of the increase. We may make other changes to our fees and charges by giving you 21 days’ notice of the changes. Fixed term contract customers may then, within 42 days of the date of our notice, give us 30 days’ written notice terminating this Agreement. If you continue to use the AUSTAR Broadband Service after the date that the price increase comes into effect this Agreement will continue to operate and the increased charges will apply.
   4. (Statement Fees) Reasonable statement fees may apply.
   5. (Billing) You agree to provide us with accurate and complete billing information including your legal name, address and telephone number.
   6. (Payment) You must pay all fees, charges and taxes (including any goods and services tax) by the due date. If you think we have made a mistake, you must notify us immediately. Once that mistake has been remedied, we will send you another statement and you must pay the amended amount by the due date. We may in our discretion charge you a reasonable late fee, vary your AUSTAR Broadband Service or terminate this Agreement for failure to pay by the due date. If you have nominated to pay your account by bank account or credit card direct debit, we will email invoices to your AUSTAR Broadband email address. If you do not pay by direct debit, we will post you a monthly statement to your mailing address.
   7. (Credit Card Payments) If you have nominated to pay your account by credit card direct debit, you must provide us with and maintain accurate credit card details. You agree that:
      1. we will invoice you monthly until termination on approximately the same day each month following your commencement of the AUSTAR Broadband Service, a few days before the charges on the invoice fall due; and we will automatically charge the invoiced amount to your nominated credit card on your monthly billing date. This invoiced amount will include monthly charges for the AUSTAR Broadband Service, and charges for any additional features. It will also include any ancillary charges incurred by you in advance of your invoice being issued.
      2. we are entitled to charge your credit card at or after termination for any outstanding fees you may owe us, including any applicable termination fees. If your credit card is declined, we will use reasonable attempts to contact you and inform you. If you revoke authorisation to charge your card, or if for any reason your card issuer does not pay us, you are still required to pay us the invoiced amount on or before the due date, or you will be in default. You will have to pay us another way.
   8. (Failure to pay) If you fail to make payment we may initially suspend your access to the AUSTAR Broadband Service. If charges continue to remain outstanding, we may terminate your use of the AUSTAR Broadband Service. If we terminate in accordance with this clause, you may be required to pay a cancellation fee if your termination date is before the end of your agreed contract term. If payments due to be made by you are delayed, we reserve the right to charge a reasonable late fee.
   9. (GST) Any fees or charges specified in this Agreement include goods and services tax at the rate of 10%. If the rate of GST is varied at any time, any fees or charges specified will be adjusted without notice to take account of this variation. We will provide a tax invoice to you within 28 days of your request to us.
8. Security and Customer Information
   1. (Security) You are responsible for maintaining a basic level of security on your computer against computer viruses and other possible security problems. We may suspend your access to the AUSTAR Broadband Service without notice if the security of your service has been breached and there is a possibility that this breach may impact or interfere with the AUSTAR Broadband network in any way. It is not our responsibility to provide assistance or service continuity if your computer has been affected by a virus or a virus has been introduced to our network from your computer.
   2. (Information Held) We may hold information about you such as your name, contact details, information for identification purposes, information about your credit card or bank account details and information to help us to assess your credit application where relevant. We will also hold information relating to the provision of the AUSTAR Broadband Service and information provided by you in connection with this Agreement or the AUSTAR Broadband Service.
   3. (Notification of Changes) You must notify us of any change in this information within 30 days of the change.
   4. (Use and Disclosure) All personal information held by us may be used or disclosed by us as set out below and as permitted by the Privacy Act 1988 (Cth). The information may be used or disclosed:
      1. to enable us to perform our obligations to you under this Agreement;
      2. to enable us to ensure that you perform your obligations under this Agreement;
      3. to a credit reporting agency;
      4. to maintain a credit information file about you;
      5. to carry out our own credit assessment on you;
      6. for planning, research, promotion and marketing of our products and services;
      7. to organisations associated with the provision of our services, such as content providers, for marketing and analysis purposes;
      8. to a potential purchaser of, or investor or in, any business conducted by us;
      9. to law enforcement agencies and fraud prevention bodies to assist in the prevention of criminal activities.
   5. (Consent) You consent to this use and disclosure of your information. You may request that your personal information is not used or disclosed for marketing or promotion purposes by writing to us at AUSTAR Communications, 'Privacy', Locked Bag 2000, Gold Coast Mail Centre, QLD 9726, or by email at privacy@austar.com.au. Further information on how we will handle your personal information can be found in Austar's Privacy Statement which is available on our website at www.austar.com.au.
9. The SPAM Act
   • We comply with the Spam Act 2003 (Cth). If we send you promotional emails, you will be able to respond asking us not to send you any more. However, all of our official communication with you will be by email: notice of upgrades and outages, invoices and so on. You agree to us sending you emails for those and related purposes.
10. Termination and Transfer of Service
    1. (Termination by fixed term contract customers) Fixed term contract customers may chose to terminate your agreement prior to the expiry of the fixed term by providing us 30 days’ notice and paying the monthly subscription fees for the unexpired period of your fixed term Agreement or, if applicable, the early termination fee notified to you when you subscribe. The early termination fee is a reasonable estimate of the loss caused by your early termination.
    2. (Termination by no lock-in contract customers) No lock-in contract customers may terminate this agreement at any time by notifying us.
    3. (Method of termination) We will not disconnect the AUSTAR Broadband Service if requests are received via e-mail, for identification and security reasons.
    4. (Termination by us) We will not terminate this agreement during a fixed term unless:
       1. you breach this Agreement;
       2. we are unable to continue to provide the AUSTAR Broadband Service to you due to legal, regulatory or technical reasons;
       3. in accordance with clause 11.5 below; specifically permitted elsewhere in this Agreement.
    5. (Termination by us) If we have reasonable belief that you have engaged in conduct which is unlawful in relation to the AUSTAR Broadband Service, or which may cause us harm, or cause harm or distress to any of our employees or representatives, we may terminate this Agreement upon notice to you.
    6. (Fees and Charges) If we terminate this Agreement a termination fee may apply in accordance with this Agreement, including any specific terms relevant to the type of AUSTAR Broadband service you are receiving.
    7. (Transfer) You may not transfer your AUSTAR Broadband Service. You are free to transfer ownership of your Equipment but if you do and you no longer wish to be responsible for payment you must cancel your AUSTAR Broadband Service and the new owner must sign up to a new subscription plan with us.
11. Miscellaneous
    1. (Governing Law) This agreement shall be governed by and construed in accordance with the laws of the place in Australia in which the contract is formed.
    2. (Assignment) You must not transfer this Agreement to anyone else without prior written consent from AUSTAR, which will not be refused without good reason. AUSTAR may, without material detriment to you, assign this Agreement to a third party.
    3. (Secret Commissions) We may pay a commission to any person who introduces you to us.
    4. (Entire Agreement) This Agreement contains the entire agreement of the parties with respect to its subject matter and replaces all previous agreements, understandings and representations about that subject matter.
    5. (Severance) If any provision in this Agreement is or shall become void, unenforceable or illegal it shall not affect the other provisions of this Agreement and the remainder of this Agreement shall have full force and effect.
    6. (Notices) Notices will be sent by email to the preferred email address you have nominated. If no preferred email address is nominated, notices will be sent to your AUSTAR Broadband email address. You will be deemed to have received a notice at the time the email is sent.
12. Broadband Connect Specific Terms
    1. If any inconsistency exists between the following specific terms relating to an AUSTAR Broadband Service and the preceding clauses then (unless otherwise stated) the following specific terms will prevail to the extent of that inconsistency.
    2. The terms set out in this clause 13 (“Broadband Connect Terms”) govern the supply of the AUSTAR Broadband Service to you if you are a Broadband Connect Customer under the Australian Government’s Broadband Connect program (“Broadband Connect program”). If you are a Broadband Connect Customer and there is any conflict with a term set out in this clause 13 and the other terms of this Agreement, the terms set out in this clause 13 prevail. We may not change these terms and conditions without first obtaining approval from DCITA.
    3. If you are a Broadband Connect Customer you must follow the procedures required to determine your eligibility to be a Broadband Connect Customer and the eligibility of your premises to receive a Broadband Connect Service. You agree to make available necessary information and provide a truthful attestation to enable us to make a legitimate claim to DCITA for an incentive payment for supplying the Broadband Connect Service.
    4. You agree that we may disclose your personal information to DCITA for the purpose of the Broadband Connect program.
    5. All provisions relating to the use of Equipment set out in this Agreement apply to Broadband connect Customers.
    6. The maximum term of the Broadband Connect Service may not exceed 36 months from initial Broadband Connect Service commencement. This agreement begins when the Broadband Connect Service commences and continues for a period of 18 months. At the conclusion of the initial contract term, you have the right to renew for up to a maximum of 36 months at a monthly price no greater than the original contracted price.
    7. The overall price of the Broadband Connect Service being provided will not be increased for three years from the commencement of the provision of the Broadband Connect Service to you without the prior agreement from DCITA.
    8. We will allow you to migrate between Broadband Connect Services within our network at no penalty and you may return to the previous Broadband Connect Service on not less than one month’s written notice to us.
    9. We will provide you with the Download Allowance as stated in Megabytes in your Monthly Plan at the speeds specified in your Monthly Plan and when this limit is exceeded we will continue to provide the Broadband Connect Service to you capped at a speed rate restricted to 64kb/s unless you opt to transfer to a Monthly Plan providing a higher Download Allowance.
    10. As a Broadband Connect Customer we guarantee to provide the following threshold level of Service to you for as long as you remain a continuous customer under any of our Broadband
        Connect Service plans:
        1. We will provide you with the ability to log fault reports at any time 24 hours per day free of charge via email to broadbandsupport@austarnet.com.au and we will provide you with access to a help desk facility which will be available to provide support during the following hours: 7.00am - 10.00pm EST 7 days a week at no additional charge.
        2. We commit to provide the Broadband Connect Service with average data download and upload speeds of at least 60% of the Broadband Connect Service’s nominated peak speeds at least 75% of the time as measured according to a prescribed Broadband Connect testing schedule. We commit to the Broadband Connect Service being available at least 99% of the time, averaged over a quarterly period.
        3. We commit to the connection of a new Broadband Connect Service within 4 days of you signing the contract as a Broadband Connect Customer. In the event of a Broadband Connect Service outage or fault for which we are responsible, we commit to restoration of the Broadband Connect Service within 4 hours.
    11. As a Broadband Connect Customer, you can test the data speed of your service at www.bctest.com.au. We will provide an online means for you to check usage on at least a daily basis.
    12. We commit to provide you with full information about the Broadband Connect Service, as required by Broadband Connect.
    13. Any notice given by us under your agreement may be given by e-mail to your e-mail account.
    14. If you change to a plan that is not covered by a Broadband Connect Service, then you agree that you have decided that your relationship with us will no longer be governed by these Broadband Connect Terms and you agree to be bound by our general terms and conditions.
13. Definitions
    In this Agreement, the following words have these meanings:
    • “Agreement” means these terms and conditions.
    • “AUSTAR Broadband Service” means the fixed wireless Broadband service which we have agreed to provide to you under the nominated plan to which you subscribe from time to time. Details of each plan are available on our website at www.austarBroadband.com,
    • “Authorised Persons” means our contractors, agents or suppliers who we use from time to time to act on our behalf or carry out the services provided under this Agreement.
    • “Broadband Connect” means the Australian Government program that encourages the roll-out of broadband services in regional Australia at prices that are comparable to metropolitan prices.
    • “Broadband Connect Customer” means a customer receiving the Broadband Connect Service under the Broadband Connect Scheme.
    • “Broadband Connect program” has the meaning given in clause 13.2.
    • “Broadband Connect Service” means the AUSTAR Broadband Service supplied by us under the Commonwealth Government’s Broadband Connect scheme, and approved by DCITA.
    • “Broadband Connect Terms” has the meaning given in clause 13.2.
    • “DCITA” means the Australian Government Department of Communications Information Technology and the Arts.
    • “Download Allowance” means the set monthly download allowance permitted by the relevant Monthly Plan that you have chosen.
    • “Equipment” means the modem or any other equipment you buy for the reception or provision of the AUSTAR Broadband service.
    • “GST” means any value-added, consumption, turnover or similar tax, impost or duty on goods and/or services.
    • "Materials" means all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, and logos), executable programs, video recordings, and audio recordings.
    • “Monthly Plan” means the nominated monthly plan which you have chosen in order to receive the AUSTAR Broadband Service.
    • “we”, “us” “AUSTAR” and “our” means Austar Entertainment Pty Ltd (ABN 93 068 104 530) as agent for Austar United Broadband Pty Ltd (ABN 11 089 048 439).
    • “you” and “your” means you, the Austar subscriber.

AUSTAR Entertainment Pty Ltd ABN 93 068 104 530
These terms and conditions are correct at the time of issue.