"Better Business Broadband"
1. Nature of
Service
1.1 The Customer acknowledges ADSL Broadband is not compatible with
all standard telephone lines and that the suitability of the Service
for the Customer will depend on various individual factors including
Customer location, facilities, local telephone exchange facilities,
and compatibility of Customer equipment with the Tcanet Network.
1.2 Bandwidth limits specified in the relevant ADSL Access Plan
refer to the amount of data received by the Customer from the
internet through the tcanet service
1.3 tcanet accepts no responsibility whatsoever for any and all data
charges that may be incurred by the Customer in relation to data
exchanged trough tcanet
1.4 tcanet does not guarantee the availability of the Service to the
Customer. Upon the commencement of this agreement, tcanet will
investigate the availability of the Service to the Customer. Any
costs incurred by tcanet in carrying out such an investigation may
be on charged to the Customer.
1.5 If tcanet determines that the Service cannot be provided to the
Customer, this Agreement will terminate and neither party shall have
any liability to the other and initial setup fees will not be
charged.
1.6 Charges for the Service will commence to accrue under the
selected Customer Access Plan from the date that the Service is
installed by tcanet or the date on which the Customer first uses the
Service.
2. Service
Levels
2.1 The connection speeds specified in the Access Plan selected by
the Customer represents the maximum possible connection speed from
tcanet to the Customer, and from the Customer to tcanet
respectively. The Customer accepts that tcanet cannot guarantee the
Service will achieve these theoretical maximum speeds.
2.2 The Customer acknowledges that tcanet cannot represent or
guarantee the continued availability of the Service. The Customer
acknowledges that the Service may be temporarily unavailable for use
due to technical failures, periodic maintenance, disruption to
telecommunications services and or other causes.
2.4 The customer acknowledges when signing up to a 8Mbps/384kbps
plan that the speeds available are up to 8Mbps/384kbps and that
maximum speed available may in fact be less. The following speed
restrictions may occur:
(a) Broadband speeds are dependent on a number of factors,
including;
(i) How far a customer lives from the local telephone
exchange.
(ii) The quality of the phone line
(iii) The quality of the Broadband ADSL modem and line
filter.
(b) A customer with maximum Broadband ADSL speed of 8Mbps/384kbps
which is connected to a DSLAM with a bottleneck bandwidth uplink may
be shaped to lower speeds of 3Mbps should congestion occur.
(c) A customer on a RIM (Remote Integrated Multiplexer) will get
lower speeds of approximately 3Mbps.
3. Installation
3.1 Upon determining Service availability to the Customer and
payment of Customer Access Plan fees, tcanet will provide the
Customer with an approximate date for installation of the Service
("Installation Date"). tcanet may reschedule the Installation Date
at any time for any reason and will liaise with the Customer to
confirm suitability of an alternate date if required.
3.2 tcanet will install any telecommunications facilities the
Customer may require to receive and utilise the Service at the
premises of the Customer. tcanet may charge the Customer for any
such installation required.
3.3 Any maintenance or reinstallation Services provided by tcanet to
the Customer following installation will be carried out at the
expense of the Customer.
3.4 tcanet will not be responsible for any loss or damage whatsoever
arising from or in connection with configuring a modem/router or
installing any software on a Customer computer to enable a Customer
to access the Service. The Customer acknowledges that difficulties
may arise in the configuration of a modem/router for use with the
Service that is beyond the control of tcanet.
4. Requirements
of Service
4.1 The Customer must, at their own cost and expense, arrange to
have the following on the Installation Date:
(a) Standard telephone line connected and in service;
(b) Standard power point in proximity to the telephone line outlet;
(c) A router or modem for use with the Service that has been
approved by tcanet or existing ISP as
being compatible with the tcanet network ("Customer Modem");
(d) Computer/s that complies with tcanet Service specifications for
connection to the Customer Modem ("Customer Computer");
(e) Safe and legal access to the Customer's premises for the Service
installation; and
(f) If required by tcanet, the attendance of an Austel-registered
telecommunications contractor.
4.2 The Customer must not connect any equipment to the Service that
does not meet tcanet or existing ISP specifications.
4.3 tcanet makes no representations, warranties or assurances that
the Customer Modem or Customer Computer will be compatible with the
Service.
5. Customers
Acknowledgements
5.1 The Customer warrants they are the legal lessee of the standard
telephone line which is to be used to carry the Service.
5.2 The Customer acknowledges that:
(a) Some disruption to the standard telephone service carried by
that line may occur during installation of the Service;
(b) Disconnection of the standard telephone line that also carries
the Service may cause the Service to be terminated. (If this occurs
the Customer will be liable to pay all Service reinstallation
costs);
(c) Prior to entering into this agreement they have obtained all
consent required for the Service installation by tcanet, including
the consent of any owner, landlord or licensor of the premises in
which the Service is to be installed; and
(d) That the installation by tcanet of any security-monitoring or
other service at Customer premises may cause temporary disruption to
the Service, the standard telephone service carried by the line used
for carriage of the Service and/or any existing security-monitoring
services.
5.3 The Customer will not use any products or services that are
incompatible with the Service on or in conjunction with any
telephone line used to carry the Service.
5.4 The Customer must direct all service, support and other queries
to tcanet. tcanet will pass on, at the expense of the Customer, any
fees charged by third-party entities contacted or engaged directly
by tcanet to respond to such communication from the Customer.
5.5 If the customer upgrades or downgrades the speed connection of
their plan, a $44 fee applies.
6. Transfers
and Cancellations
6.1 The Customer may not assign, transfer or otherwise dispose of
the Service to another third party without the prior written consent
of tcanet.
6.2 The Customer may not resell the Service or otherwise use the
Service in competition with tcanet.
6.3 The Customer may cancel the Service on seven (7) days written
notice to tcanet. The Customer will be liable to tcanet for any
charges incurred during that notice period and for any other charges
previously incurred and unpaid.
6.4 If the Customer originally connected on a $99 connection fee and
cancels the Service within the first twelve (6) months of
connection, the Customer will incur a $75 early cancellation fee.
This fee will also be incurred if the:
(a) Service was transferred to tcanet using the ADSL Transfer
Process and subsequently cancelled within the 6-month period from
the date of transfer; or
(b) Customer changes either their premises or their Service
telephone line within the first twelve (12) months. In such an
event, the Customer will be liable to pay tcanet a new connection
fee.
6.5 tcanet may terminate the Service on 14 days notice to the
Customer. In such an event tcanet will refund to the Customer any
fees already paid by the Customer for the provision of the Service
following the end of that 14-day period.
6.6 If the Customer is transferring their ADSL service to tcanet
from another provider, the customer acknowledges that:
(a) It is the Customers responsibility for any charges incurred
and/or billing with the current provider up to the date the transfer
takes effect;
(b) After the transfer, the Customer will not be able to receive
certain benefits they received with the previous ADSL supplier (e.g.
discounts or specific product enhancements);
(c) The Customer authorises tcanet to act on their behalf to
transfer the ADSL service;
(d) The ADSL service will remain active with the current ADSL
supplier until the transfer takes place;
(e) The Customer will need to contact the current ADSL supplier
about any faults with the ADSL service until this transfer takes
place;
(f) An outage with the ADSL service will take up to six (6) hours
while the transfer takes place.
(g) The Customer will be responsible for any re-configuration of the
network or ADSL hardware. This is required to facilitate the change
of an ISP;
(h) The Customer is the account holder of the ADSL service(s) or are
authorised by the account holder to transfer the service to tcanet;
(i) It is the responsibility of the Customer to check the terms of
their contract with the current ADSL supplier to determine if there
will be any consequences as a result of the transfer (e.g. early
termination payment, etc.).
6.7 An ADSL bridged service cannot be transferred to another ISP
using the "Fast Transfer Process".
6.8 Any change to the line programming of an ADSL Bridged connection
required by the Customer (including changes to IP addresses, line
speed or connection type) will incur a $99.00 fee.
7. General
7.1 Prior to entering into this agreement, the Customer represents
and warrants to tcanet that the Customer has read, understood and
agrees to be bound in full by the terms of this agreement and the
tcanet General Terms and Conditions.
7.2 All notices to be delivered under this agreement must be in
writing and sent by post, email, facsimile or hand delivery.
7.3 A current copy of this agreement may be obtained on the tcanet
website.
7.4 This agreement is to be governed and construed according to the
laws in force in New South Wales, Australia.
8. Force
Majeure
10.1 The
Company will not be liable for any delay or failure to perform its
obligations under the Contract if such failure or delay is due to an
act of god, insurrection or civil disorder, war, or military
operations, national or local emergency acts or omission of
Government or other competent authority, industrial disputes of any
kind (whether involving the Company's employees or contractors),
fire, lightning, explosion, flood, subsidence, inclement weather,
acts or omission of persons or bodies for whom the Company is not
responsible or any other case whether similar or dissimilar outside
the control of the Company.
9. Variation of
Contract of Use
11.1 The
Company may from time to time vary the Contract by giving to the
Customer not less than seven (7) days notice of such variation.