Broadband1 Terms and Conditions

1. Nature of Service

1.1 The Customer acknowledges Broadband1 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 Westnet Network.

1.2 Bandwidth limits specified in the relevant Customer Access Plan refer to the amount of data received by the Customer from the internet through the Service subject to clause 1.3 below.

1.3 All Broadband1 Customers apart from Option 1 256kbps/64kbps will not be charged for data sent to or from:

(a) The 3FL games servers within the home state of the Customer;

(b) MyWestnet;

(c) Westnet Download Vault.

WAIX, PIPE and traffic between Westnet members will be counted towards customers download limit.

1.4 Dialup access for Broadband1 customers is charged at $1.10 per hour during non-outage periods.

1.5 Westnet accepts no responsibility whatsoever for any and all data charges that may be incurred by the Customer in relation to data exchanged for MyWestnet.

1.6 Westnet does not guarantee the availability of the Service to the Customer. Upon the commencement of this agreement, Westnet will investigate the availability of the Service to the Customer. Any costs incurred by Westnet in carrying out such an investigation may be charged to the Customer by Westnet.

1.7 If Westnet determines that the Service cannot be provided to the Customer, this Agreement will terminate and neither party shall have any liability to the other, except that Westnet will refund any initial connection fees paid in advance by the Customer for the Service.

1.8 Charges for the Service will commence to accrue under the selected Customer Access Plan from the earlier of the date that the Service is installed by Westnet 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 Westnet to the Customer, and from the Customer to Westnet respectively. The Customer accepts that Westnet cannot guarantee the Service will achieve these theoretical maximum speeds.

2.2 The Customer acknowledges that Westnet 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, network congestion, periodic maintenance, disruption to telecommunications services and or other causes.

2.3 If, at any time, the Service becomes unavailable to the Customer for a continuous period of two hours, Westnet will provide the Customer with access to its analogue modem Dialup internet service for use until the Service becomes available.

2.4 Use of that replacement service by the Customer will be included in the applicable monthly bandwidth limit for the Service.

2.5 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:

• Broadband speeds are dependent on a number of factors, including;
  • How far a customer lives from the local telephone exchange.
  • The quality of the phone line
  • The quality of the Broadband ADSL modem and line filter.
• 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.
• 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, Westnet will provide the Customer with an approximate date for installation of the Service ("Installation Date"). Westnet 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 Westnet will install any telecommunications facilities the Customer may require to receive and utilise the Service at the premises of the Customer. Westnet may charge the Customer for any such installation required.

3.3 Any maintenance or reinstallation Services provided by Westnet to the Customer following installation will be carried out at the expense of the Customer.

3.4 Westnet will not be responsible for any loss or damage whatsoever arising from or in connection with configuring a Modem 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 for use with the Service that are beyond the control of Westnet.

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 Westnet as being compatible with the Westnet network ("Customer Modem");

(d) Computer that complies with Westnet 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 Westnet, the attendance of an Austel-registered telecommunications contractor.

4.2 Full details of current Customer Modem and Customer Computer specifications required are available on the Westnet website. The Customer represents and warrants to Westnet that the Customer has read, understood and agreed to those specifications as existing at the date of this agreement.

4.3 The Customer must not connect any equipment to the Service that does not meet Westnet specifications.

4.4 Westnet 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 Westnet, 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 Westnet 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 Westnet. Westnet will pass on, at the expense of the Customer, any fees charged by third-party entities contacted or engaged directly by Westnet to respond to such communication from the Customer.

5.5 If the customer upgrades or downgrades the speed connection of their plan, a $19.95 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 Westnet.

6.2 The Customer may not resell the Service or otherwise use the Service in competition with Westnet.

6.3 The Customer may cancel the Service on seven (7) days written notice to Westnet. The Customer will be liable to Westnet 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 either a $99 or $35 connection fee and cancels the Service within the first six (6) months of connection, the Customer will incur a $55 early cancellation fee. This fee will also be incurred if the:

(a) Service was transferred to Westnet 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 six (6) months. In such an event, the Customer will be liable to pay Westnet a new connection fee and cancellation fee (if cancelled within 6 months of the change).

6.5 If the Customer originally connected a new Service with the $0 connection fee and entered a 24 month contract (excluding ADSL customers connected using Fast ADSL Transfer process and HiBIS (Broadband Connect) customers) and seeks to cancel, move and/or transfer the Service prior to the expiry of the Service Contract term the following cancellation fees shall apply:

(a) Within the first six (6) months - $115;

(b) Between seven (7) to twelve (12) months - $60;

(c) Between thirteen (13) to twenty four (24) months - $40; and

(d) A connection fee on the new line $99 (if reconnecting)

6.6 If the Customer connected on a HiBIS (Broadband Connect) Broadband offer and entered into a 12 months Westnet Service Contract and subsequently seeks to cancel, move and/or transfer the Service prior to the expiry of the Service Contract term the following cancellation fees shall apply:

(a) Cancellation within initial six (6) months: $115; and

(b) Cancellation after the first six (6) months: $60.

(c) A connection fee on the new line $99 (if reconnecting)

6.7 If the Customer connected using the $49 connection fee and entered into a 12 month Westnet Service Contract and subsequently seeks to cancel, move and/or transfer the Service prior to the expiry of the Service Contract term the following cancellation fees shall apply:

(a) Cancellation within initial six (6) months: $105; and

(b) Cancellation after the first six (6) months: $50.

(c) A connection fee on the new line $99 (if reconnecting)

6.8 If the Customer connected using the Fast ADSL Transfer process and entered into a 12 month Westnet Service Contract and subsequently seeks to cancel, move and/or transfer an existing Service to a new line, the following cancellation fees shall be incurred by the Customer:

(a) Cancellation within initial six (6) months: $105; and

(b) Cancellation after the first six (6) months: $50.

(c) A connection fee on the new line $99 (if reconnecting)

6.9 Westnet may terminate the Service on 14 days notice to the Customer. In such an event Westnet 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.

6.10 If the Customer is transferring their Broadband1 service to Westnet 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 Westnet 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 three (3) 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 Westnet;

(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.).

6.11 An ADSL bridged service cannot be transferred to another ISP using the "Fast Transfer Process".

6.12 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.

6.13 Where a Westnet ADSL service is transferred to another provider/broadband service, the customer must contact Westnet at least ten (10) days prior to the commencement of the next billing cycle.

7. General

7.1 Prior to entering into this agreement, the Customer represents and warrants to Westnet that the Customer has read, understood and agrees to be bound in full by the terms of this agreement and the Westnet 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 Westnet website.

7.4 This agreement is to be governed and construed according to the laws in force in Western Australia.