Intelligent IP - Wireless Internet Service Provider

The Website is operated by BroadbandNet Pty Ltd ("BroadbandNet"). Customer access to and use of the BroadbandNet website and Services are strictly subject to the terms and conditions of this agreement.

1.2 All notices must be in writing sent by post, email, facsimile or hand delivery. The postal addresses and facsimile numbers of BroadbandNet and the Customer appear on this application form.

1.4 This agreement shall be interpreted and enforced according to the laws of Western Australia.

1.5 Headings in this agreement are for convenience and do not affect its interpretation.

1.6 Where the terms of this agreement are inconsistent with the provisions of the Fair Trading Act of Western Australia, those terms shall be excluded from this agreement.

1.8 If any part of this agreement becomes unenforceable, that part shall be separated from this agreement so that all other parts remain effective.

2. Customer Responsibilities

2.1 The Customer agrees to use the Website and the Service in accordance with this agreement and any additional agreement to receive specific Services from BroadbandNet.

2.2 The Customer understands that:

(a) transmission or storage of data is not necessarily secure or confidential and that the Customer transmits or stores data at the Customer's own risk;

(b) materials available on the Internet may be unsuitable for minors and the Customer must take all reasonable steps to ensure that minors do not access unsuitable materials on the Internet;

(d) BroadbandNet is entitled to remove any content in a personal web space that:

(i) does not adhere to any law or regulation or the rules of the IIA (Internet Industry Association of Australia); or

(ii) offends BroadbandNet standards and policies, without notice to the Customer.

This may include content which is excessively violent or sexual in nature or involves children or animals or which is otherwise contrary to any law or social standard. The issue as to whether any content is compliant with the above shall be determined by BroadbandNet at its sole discretion.

2.3 The Customer agrees that it will:

(a) provide all computer and telecommunication hardware and software required to support the Account, and shall properly acquire, configure and operate such hardware and software;

(b) be personally liable for the actions of any other persons who are allowed, either deliberately, through negligence or otherwise, to gain access to the Internet through the Customer's account;

(c) abide by all "Acceptable Use Policies", rules, regulations and security provisions of all networks and computer systems to which the Customer gains access while using the Service;

(d) be liable under State and Federal Law if a minor gains access to inappropriate material through the use of the Customer's account; and

indemnify and keep indemnified BroadbandNet in respect of any loss or damage, suit or proceeding against BroadbandNet by any person in respect to the use of the Customer's account, including, but not limited to, transmission of an illegal, fraudulent, copyrighted or defamatory material;

if accessing BroadbandNet services on behalf of another person, appropriately authorized to do so;

represent and warrant at the commencement and at all times during the term of this agreement, that all information the Customer has provided to BroadbandNet is true and correct and current; and

be responsible for checking the BroadbandNet website for BroadbandNet Customer accounts. BroadbandNet is not required to notify the Customer when a new bill is made available on the Website.

be responsible for regularly checking the primary BroadbandNet email account for correspondence from BroadbandNet.

2.4 The Customer agrees that it will not:

utilise an account for any fraudulent or criminal activities, including, but not limited to, transmission of copyrighted materials, illegal, threatening, and obscene or libelous material, or any instructions which, if implemented, might cause damage or injury to any person or property;

not breach the security or integrity of any BroadbandNet equipment, or use the BroadbandNet equipment, network or resources to launch an attack on the property of any other organization;

engage in activities which are regarded as abuse or misuse of BroadbandNet resources, including but not limited to sending spam or unsolicited commercial email. What constitutes "abuse" or "misuse" is determined by BroadbandNet in its sole discretion;

post to or transmit to or via the Website any content that interferes with, interrupts, harasses, threatens, menaces, inhibits or offends any other person;

seek to change, amend, cancel, alter, assign or otherwise deal with the Customer account without the prior written consent of BroadbandNet; or

knowingly transmit any virus, spam or other disabling feature to or via the Website or the Internet, or otherwise in connection with its receipt of the Services.

2.5 Where the Customer is a body corporate, the directors jointly and severally accept any liabilities arising from the agreement.

2.6 The Customer agrees that receipt of the Service is exclusive, confidential and cannot be transferred, assigned and or licensed without the prior written consent of BroadbandNet. A breach of this sub-section will include disclosure of a Customer password, negligently leaving a connected terminal unattended, and/or sharing access with any other party. Sharing a connection via corporate or residential Local Area Network (LAN), within a single premise, is acceptable provided the Customer is responsible for all users on that connection. BroadbandNet takes no responsibility for the level of performance of the Service beyond the gateway computer.

2.7 The customer agrees that any reworks carried by BroadbandNet which are not related to the original installation will incur a cost.

2.8 All equipment, including Motorola Subscriber Modules, modems, routers etc carry their respective manufacturers warranties.

3. Provision of Service

3.1 BroadbandNet may in its sole discretion:

(a) deny access to any potential or existing Customer; and/or

(b) examine, modify, delay, restrict access to and or delete any data stored or passing through the BroadbandNet network or any BroadbandNet computer.

3.2 Each Customer account is provided with one email mailbox which is created under the username elected by the Customer. BroadbandNet will, upon written request from a Customer, make available up to five (5) additional email mailboxes to each Customer. The maximum volume of email permitted to be stored in each mailbox will be subject to limits set by BroadbandNet. If delivery of correspondence to a mailbox will result in its quote being exceeded, the delivery will fail. A message indicating the delivery failure may be sent to its sender. The Customer may purchase additional mailbox space from BroadbandNet.

3.3 The Customer accepts that any advice provided by BroadbandNet employees or contractors is provided in good faith. The Customer agrees that it will not act or rely on any such advice unless it is done at the sole risk of the Customer. The Customer agrees to indemnify BroadbandNet and its employees and contractors in full against any damage or loss howsoever arising or resulting from the Customer acting upon such advice.

3.4 Any software provided by BroadbandNet to the Customer will be used by the Customer at the Customer's own risk. The Customer agrees that it will not hold BroadbandNet or any of its employees or contractors liable for any loss or damage whatsoever arising resulting from the use by the Customer of software provided by BroadbandNet.

3.5 The parties agree that the extent of any loss or damage suffered by the Customer under this agreement cannot be properly ascertained. As a genuine pre-estimate of loss or damage under this agreement, the parties agree that the liability of BroadbandNet for any breach of this agreement is, if capable of limitation, limited to the cost to BroadbandNet for supplying the Service or for re-supplying the Service over the relevant period.

3.6 Subscription to the Service entitles the Customer to use the facilities except where an exclusion or restriction has been made or requested. Any non-use by the Customer of the Services will not absolve the Customer from any responsibilities under this agreement, including the obligation to pay service fees and all and any further costs of collection incurred by BroadbandNet.

3.7 BroadbandNet may assign any of its rights under this agreement at any time and without notice to the Customer.

4. Payment Terms

4.1 All Customer accounts must be paid by credit card or direct debit.

4.2 The Customer agrees that:

(a) all monies paid to BroadbandNet are non-refundable and periodic service fees are payable in advance;

(b) any Customer ‘plan fees’ will continue to be incurred past a renewal date unless BroadbandNet has been provided with sufficient prior notice in writing by the Customer. Any changes and/or cancellations must be advised in writing to BroadbandNet Accounts 10 calendar days prior to the end of any billing period;

(c) ‘plan fees’ will continue to accrue during any period of disconnection or suspension of the Service where such disconnection or suspension is the result of non-payment or late payment of monies due;

(d) BroadbandNet may terminate any Customer account for any reason on 7 calendar days notice.

(e) BroadbandNet may at any time schedule periods of planned interruption to the Service. BroadbandNet will endeavour to provide at least 24 hours notice to the Customer for any interruption to the Service for maintenance, changes or improvements to the Service.

4.3 The Customer is responsible for all recurring fixed and cumulative charges for the account. If the Customer is less than 18 years of age, the parent or guardian signing this agreement shall be responsible for all charges related to the minor Customer's account.

4.4 Where any amounts due to BroadbandNet by the Customer remain overdue for more than one calendar month, BroadbandNet may consider this as a repudiation of this agreement by the Customer. In such an event, BroadbandNet is entitled to terminate this agreement and cancel the Service without further notice to the Customer. Any sums paid to prior to the date of cancellation will be non-refundable and any monies outstanding or otherwise owing by the Customer to BroadbandNet shall immediately become owing and interest shall be payable.

4.5 By supplying BroadbandNet with credit card and or debit card details the Customer hereby authorises BroadbandNet to debit the relevant credit card and or debit card with valid charges when due.

4.6 BroadbandNet reserves the right to suspend or terminate Customer access to the Services upon non-payment or rejection of any credit card or debit card charges.

4.7 Cheques may be subject to reasonable collection and legal fees, as well as interest allowed by state law.

4.8 BroadbandNet does not accept any responsibility for the Customer's telephone bills, including those for the cost of using the Service. While employees of BroadbandNet may provide advice regarding telephone carrier charges, the Customer must verify this advice by contacting the carrier (Telstra) directly for confirmation that calls to the number being dialed for connection to the Service will be billed (by Telstra) at the rate for local calls.

5. Caller ID

5.1 BroadbandNet may use information obtained through the Caller ID, Calling Number Display or 'CND' Service to enhance the way it deals with its customers.

5.2 The only information obtained by BroadbandNet when the Customer connects to an Internet Access Server is the Customer's telephone number and the time and duration of the call.

5.3 BroadbandNet uses CND for the following activities: fraud prevention, control of access to Customers' accounts, billing, ensuring and supporting the accuracy of BroadbandNet billing records and for internal management purposes, including call routing.

5.4 BroadbandNet receives CND information regardless of whether it has been blocked on that number. BroadbandNet will not disclose Customer confidential information to any third party unless required to do so by law.

6. General

6.1 Neither party shall be responsible for delays or failures in performance resulting from acts beyond its control, such as acts of God, acts of war, epidemics, civil insurrection, riot, power outages, fire, earthquakes and other disasters.

6.2 The terms and conditions of this agreement supersede any previous agreement or statement of terms and conditions between BroadbandNet and the Customer.

6.3 By receiving the Services the Customer agrees that it has read, understand and accepts the provisions of this agreement.

6.4 The Customer acknowledges that BroadbandNet may make and store records of personal information required to establish the Customer's identity, and records of the Customer's credit worthiness, credit standing, credit history, or credit capacity ('Personal Information'). The Customer acknowledges that Personal Information may be disclosed to a credit reporting agency. The Customer acknowledges that this information may be used to notify credit providers of any credit default committed by the Customer against BroadbandNet.

6.5 BroadbandNet may amend this agreement from time to time.

6.6 It is the responsibility of the Customer to review the BroadbandNet website periodically to ascertain whether the provisions of this agreement have changed. Any amendments to this agreement will become effective from the date they are posted on the Website. The Customer agrees that if it continues to use the Service after this time it will be deemed to have agreed to be bound by all amendments.

6.7 If any of the provisions in this agreement are declared invalid or unenforceable, it will be struck out and the remaining terms will remain in force.

6.8 If BroadbandNet does not act in relation to a breach of this agreement by the Customer, BroadbandNet does not waive its right to act with respect to subsequent or similar breaches.

6.9 This agreement is governed by the law in force in the State of Western Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia and courts of appeal from them for determining any dispute concerning this agreement.

BroadbandNet Exit Strategy

Should BBNet propose to withdraw from the provision of Broadband Connect Services altogether we will.

1. Provide 40 working day's notice to DCITA.

2. Contact prospective alternative service providers before the planned shutdown; and

3. Provide details of such service providers to customers to allow them to assess their options to either migrate to a new Provider or cancel their Broadband Connect Service; and

4. Ownership of the CPE will remain with the customer.