Terms & Conditions

1. Generic Bundling Terms & Conditions

Bundling as stated will mean the combination of telephony & internet services, specifically Broadband2+ on the Optus ULL network.

The customer is aware the service will be on an Unconditioned Local Loop Service (ULLS – where the Carrier has full access to the copper line. Carrier physically terminates line from customers premises to their own equipment located in Telstra’s exchanges).

The terms and conditions upon which a Westnet Broadband2+ bundle package will be made available include:

1.1 Account Details

The name, address and other account details provided by an eligible Customer must be the same for each relevant Westnet Product and billed to the same account;

1.2 Applications

1.2.1 A Broadband ADSL2+ service will only be offered as a Westnet Broadband2+ bundled product, which includes the telephony and internet service. These services are not offered separately and cancellation fees will apply if one service is cancelled, churned or ported away.

1.2.2 It is the customers’ responsibility to provide Westnet with the relevant Account numbers (including Optus or Telstra Wholesale number). This will affect what connection fee is charged.

1.2.3 Should a customer opt to change or cancel an account during submission, charges may apply. If at point of no return (PONR), Westnet will be unable to make those changes until the application is complete. Charges may apply.

1.2.4 A 12 month commitment for both services is required or an early termination fee will apply if either product is cancelled.

1.2.5 The customer is aware the service is not available in all locations.

1.2.6 Only one bundled package is permitted per product i.e. telephony & internet on the Optus ULL network.

1.3 Service Provision

1.3.1 Westnet may provide the Service to the Customer upon satisfaction of the following:

1. receipt of an appropriate application form and, if required, a transfer authority;
2. compliance with Westnet credit requirements; and
3. establishment of a direct debit or credit card authority.

1.3.2 This agreement may be suspended or terminated by Westnet, in its sole discretion, if at any time during the term:

1. the Customer is in breach of any term of this agreement, including clause 4.3;
2. Westnet is unable to supply or provide the Service;
3. Westnet believes, based on information provided by the Customer, that current or future amounts owing may be left unpaid by the Customer; or
4. Westnet is advised to do so by ‘The Carrier’ or any Government Agency or pursuant to any law.

1.3.3 In the event of a termination or suspension of the Service:

1. Westnet shall, where possible, provide the Customer with reasonable written notice of the event and the grounds upon which it is based; and
2. all monies owing to Westnet by a Customer as at the date of termination or suspension will immediately be due and payable to Westnet.

1.3.4 The Customer acknowledges Westnet cannot and does not represent or warrant the provision and delivery of the Service will be error free or uninterrupted.

1.3.5 Westnet may obtain a copy of the credit record of the Customer from a credit reporting agency for the purpose of determining whether to provide the Service.

1.3.6 Where trenching is required the order cannot proceed; the customer will need to have the new line connected via alternative means.

1.3.7 Upon transferring to a ULLS the Customer will give up all previous contractual rights with the current telephone service provider (e.g. discount plans, charity concessions) and acknowledge certain functions and facilities provided by the current telephone service provider may not be available from Westnet

1.3.8 The customer’s current provider or providers will continue billing them for their services until such time each component is transferred successfully and it is their responsibility to fulfil any contractual obligations with them.

1.3.9 The customer will need to contact their current telephone/internet service provider in relation to providing services and fault assistance until the connection/transfer is completed.

1.3.10 Timeframes for connection/transfer to ULLS (from submission of request):

1. Port Orders are connected on average between eight (8) and fourteen (14) working days
2. New Service Orders are completed on average between eight (8) and fourteen (14) working days
3. Churns Orders are connected on average in two (2) working days

1.3.11 A ‘Port Order’ is where the Customer wishes to transfer an existing service number to Westnet and the service is not currently provided by a carrier on the Optus ULL network.

1. Port Orders will currently only be accepted where Telstra or a Telstra reseller is the losing carrier.
2. In the event the customer has a service provided with a non-Telstra provider who has their own DSLAM equipment/ASDL2+ service, the customer will need to contact their current provider to disconnect their Broadband service, once disconnection has been confirmed (codes removed) then a Port Order can be placed.
3. Only Simple telephone services will be available as a ‘Port Order’, Complex telephone services will not be supported. (I.e. Line Hunt, Multiple Number or Duet Number, Customer Loop Metering, Faxstream, Indial, ISDN, MessageBank Away/Call Manager).
4. Complex ports (i.e. spectrum line sharing services) are not available as a ‘Port Order’, as in (b) above the customer will need to contact their current carrier to disconnect their Broadband service prior to a Port Order being requested.
5. During cutover there will be a delay of approximately fifteen (15) to thirty (30) minutes for both the telephony and internet service. Delays may occur.

1.3.12 A ‘New Service Order’ is a request to provision a new ULL Broadband and Telephony Service to a Customer’s address. A ‘New Service Order’ can be used when:

1. There is no existing Service or pending order at the Customer’s address.
2. A customer requests a new service in addition to the service they currently receive.

1.3.13 A ‘Churn Order’ is where the Customer wishes to transfer their existing Telephone and Broadband service to Westnet, which is currently being provided by another ULL provider that is compatible to the service Westnet offers.

1.3.14 The Customer acknowledges:

1. Some disruption to the standard telephone service carried by that line may occur during installation of the Service;
2. Disconnection of the standard telephone line that also carries the Broadband2+ Service may cause the Service to be terminated (if this occurs the Customer will be liable to pay all Service reinstallation and cancellation fees);
3. Prior to entering into this agreement the Customer has 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
4. 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.

1.3.15 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.

1.3.16 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.

1.3.17 The customer agrees to waive the Customer Service Guarantee (CSG) entitlement for the ADSL2+ phone and broadband connection only. The CSG may be impacted by circumstances beyond the Wholesale providers’ (i.e. Optus) control. The connection fee is waived for all customers as a form of compensation.

1.4 Pricing

The prices of each bundle package can be found here:

1.5 Bundling Package

All 'virtual phone numbers' and/or fax, dual fax numbers, virtual message service numbers and/or 13/1300/1800 numbers will not form part of a bundle package;

Both Telephony and Broadband must remain as a bundled product or cancellation fees will apply;

Both services are submitted, provisioned and completed at the same time.

1.6 Fees and Charges

Connection Fee of $139 for bundled Telephony and Broadband and is only available as a bundled product, cancellation fees will apply if one service is removed.

$165 cancellation fee within the first twelve (12) months applies pro-rata on a monthly basis.

$55 Change of Address fee applies if Optus ports are available at the exchange of the new address. If not, a cancellation will apply if still within twelve (12) months. If the relocation is successful the twelve (12) month term begins again.

$0 churn fee if currently on the Optus ULL network. Twelve (12) month commitment applies along with a $165 cancellation fee, pro-rata on a monthly basis.

$165 early cancellation charge applies when a customer withdraws or cancels an order after the point of no return PONR (the PONR is 2 business days prior to the customer required date, CRD).

$55 cancellation fee applies if a request is cancelled prior to the PONR.

1.7 Customer Obligations

1.7.1 The Customer will:

1. pay all charges presented in the Westnet account;
2. ensure no misuse of the Service by any person;
3. ensure that the Service is not used to transmit offensive, abusive, indecent, illegal, menacing, defamatory, illegal or hoax material or otherwise in the commission of any breach of any law;
4. comply with all relevant laws pertaining to the use of telecommunications services in Australia;
5. notify Westnet of any change of physical or contact address;
6. notify Westnet if the Service is no longer required;
7. indemnify Westnet in full for any loss or damage it may incur, direct or indirect and howsoever arising from the use of the Service by the Customer;
8. direct all questions in relation to the Service to Westnet directly and to avoid ‘The Carrier’;
9. be solely responsible for all charges billed prior to the date upon which the Customer is able to access the Service and shall indemnify and hold harmless Westnet in respect of all such charges;
10. ensure that ‘The Carrier’ has reasonable access to the premises of the Customer to install, inspect or maintain the Facilities; and
11. engage Westnet as its exclusive supplier for line rental and for all long distance calls (including calls to mobiles).

1.7.2 If, at any time whilst this agreement is in force, the Customer elects to engage a third party to supply the Service, Westnet may elect to countermand such a decision and revert supply of the Service to the Customer back to Westnet. In such an event, Westnet will use reasonable endeavours to notify the Customer of its decision.

1.8 Westnet Rights

Westnet retains the right to remove, vary, alter or terminate a bundle package at any time;

1.8.1 Westnet (and/or ‘The Carrier’) may amend the technical specifications of the Service at any time for operational reasons. Westnet will use its best endeavours to provide the Customer with prior notice of any such changes that may have a significant detrimental impact upon the use of the Service by the Customer. The Customer agrees and accepts that Westnet may be unable to provide such prior notice.

1.9 Accounts

1.9.1 All fees and charges relating to the Service are available on the Westnet website at: http://www.westnet.com.au/phone/.
These fees and charges may be varied by Westnet at its discretion at any time and any altered charges will apply to the Customer from the time they are published on the Westnet website.

1.9.2 The Customer acknowledges that due to processing and other delays certain calls may not appear in a Westnet account from the previous month. Any such calls not appearing in a monthly account will be carried over to the next monthly Westnet account.

1.9.3 All Westnet accounts must be paid automatically by credit card or direct debit.

1.9.4 The monthly Westnet account of any Customer will include a separate invoice for each service supplied by Westnet. All Service accounts will include a summary of each type of phone call listed in clause 1.3.

1.9.5 Any Customer who elects to receive their monthly account by post:

1. will incur an additional administration charge of $3.30 per statement; and
2. cannot receive call itemisation on its Customer Service account.

1.9.6 The Customer can access details of all calls listed in an account on the MyAccount pages on the Westnet website.

1.9.7 The Customer agrees any and all data collected by Westnet suppliers and provided to Westnet shall constitute conclusive evidence of Service usage and the charges payable.

1.9.8 Where a Westnet account of the Customer remains overdue for more than one calendar month, Westnet may consider such non-payment a material breach and repudiation by the Customer of its obligations under this agreement and will be entitled to terminate this agreement immediately and without further notice to the Customer (“Customer Default”). Upon a Customer Default, all sums paid by the Customer to Westnet prior to the date of termination will become non refundable and all amounts owing to Westnet shall become immediately due and payable.

1.9.9 Upon a Customer Default, Westnet may appoint an agent to proceed with legal action to recover unpaid monies owed to it, including any interest. All liability for any collection costs and/or legal fees or other amounts arising from such action will be the sole responsibility of the Customer who agrees to reimburse Westnet for all costs incurred by it on an indemnity basis.

1.9.10 The Customer acknowledges that Westnet may, in its sole discretion and at any time, suspend or restrict access to the Service due to unusually high usage.

1.10 Disputes

1.10.1 If a Customer seeks to dispute an account, the Customer must submit verbal details of the dispute to the Westnet Accounts team (“Dispute”).

1.10.2 Westnet will issue the Customer lodging a Dispute a reference number within seven (7) days of receipt and will use its best endeavours to investigate and resolve the Dispute within 30 days. Westnet will notify the Customer lodging the Dispute of the outcome of its investigations when they are complete.

1.10.3 Where a Dispute is upheld, Westnet will issue to the Customer a revised account, including all appropriate adjustments.

1.10.4 All undisputed amounts of any account must be paid in full when due, notwithstanding the existence of a Dispute.

1.10.5 If a Customer is unsatisfied with the outcome of a Dispute they may refer the Dispute to the Westnet Accounts Team Leader.

1.11 Conditions of Eligibility

Westnet may update these Conditions of Eligibility and the cost of each bundle package from time to time. Any changes will be notified to you via the e-mail address provided in the Customer Application and/or via an announcement on the Westnet website;

1.12 Terms and Conditions

A Customer who successfully subscribes to receive a bundle package must comply at all times with the relevant terms and conditions of each relevant Westnet Product Contract and the Westnet General Terms and Conditions. If the Customer breaches any of these agreements then Customer rights to receive a Bundling Package may be terminated by Westnet immediately and without notice to the Customer.

1.13 Period, Alteration and Law of Agreement

1.13.1 This agreement will commence when the line has been upgraded or transferred to Westnet and continue on a monthly basis until either service is transferred away from Westnet or the agreement is terminated in accordance with the terms herein.

1.13.2 The Customer acknowledges and accepts Westnet may be required to alter the terms of this agreement to ensure compliance with various laws including, but not limited to, Part 23 of the Telecommunications Act (Cth) 1997. Westnet will use its best endeavours to notify you prior to any such alteration being made.

1.14 Liability & Indemnity

1.14.1 The Customer agrees to the fullest extent permitted by law, to indemnify and hold harmless Westnet and its employees, contractors, agents and directors in full, from and against any and all liabilities, claims, losses, damages, penalties, actions, judgments, suits, costs or expenses of any kind arising directly from a breach of this agreement by a Customer and/or use of the Service.

1.14.2 Westnet does not represent or warrant to the Customer that Services will be free of blockages or delays. The Customer agrees it will not hold Westnet responsible for any loss or damage to it, howsoever arising from any blockages and delays or other loss of Services under this agreement.

1.14.3 Westnet will use its best efforts to correct any faults reported to it at its earliest convenience.

1.14.4 Unless expressly stated in this agreement, all implied terms, conditions, warranties, undertakings, inducements and representations, statutory or otherwise, relating to the provision by Westnet of the Services to the Customer are excluded.

1.14.5 The Customer will not seek to hold Westnet liable in respect of any loss or damage (including consequential loss or damage) however caused and howsoever arising which may be suffered or incurred by a Customer or which may arise directly or indirectly in respect of this agreement.

1.14.6 The liability of Westnet in respect of any breach of this agreement or under any remedy implied by law (which cannot be excluded) will be limited at the option of Westnet to the reimbursement for the cost of supplying the initial Service.

1.14.7 Westnet assumes no liability to the Customer or any third party in respect of:

1. unlawful acts or default of other suppliers, unless those suppliers (including contractors) have been engaged by Westnet for the purpose of supplying or maintaining a Service;
2. faults or defects in Services caused by Customer conduct or misuse;
3. faults or defects that arise in telecommunication services provided to a Customer other than under this agreement (even if they are connected with Westnet's consent to services which Westnet has arranged under this agreement) which may be due to incompatibility with Westnet Services; and
4. any loss or damage (including consequential loss or damage) however caused that may arise directly or indirectly in respect of the Services.

1.15 Miscellaneous

1.15.1 All notices to be delivered under this agreement must be in writing and sent by post, email, facsimile or hand delivery.

1.15.2 A current copy of this agreement may be obtained on the Westnet website.

1.15.3 Prior to entering into this agreement, the Customer represents and warrants to Westnet the Customer has read, understood and agrees to be bound in full by this agreement and the Westnet General Terms and Conditions.

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

2. Westnet Telephony Terms & Conditions

2.1 Westnet agrees to supply and the Customer agrees to subscribe to receive, the Westnet Full Phone Service (the “Service”) on the terms and conditions contained in this agreement.

2.2 The Service will include Customer phone line rental and any other additional products subscribed by the Customer from time to time.

2.3 The Service will permit the Customer to make and receive all calls normally available to be made using the telephone circuit and associated facilities installed and operated by ‘The Carrier’ (the “Facilities”). This includes:

1. National long distance calls - calls made to any number within Australia with an Australian area code which are not in the calling party's local call charging zone;
2. International calls - calls made to numbers with a prefix of 0011 + country code;
3. Fixed to mobile calls - calls made to digital or CDMA mobile numbers beginning with 04 (together hereinafter referred to as “Call Types”);
4. un-timed local calls; calls to numbers beginning with 1800, 1300 and 13; directory assistance services; and
5. any other numbers and/or products which may become available from time to time.
   Note Customer access to the Service must be via a line pre-selected by Westnet.

2.4 The Service does not include any calls which use an override code (e.g. numbers beginning with 1414).

2.5 The Customer can only receive the Service from Westnet on a phone line specified in the appropriate application form.

2.6 The Customer acknowledges that Westnet does not control the network providing the Service. Accordingly, Westnet does not represent or warrant that:

1. any calls made using the Service will be successfully connected; or
2. there will be no delays in the Customer being able to access and/or use the Service.

2.7 Westnet does not provide the Priority Assistance feature and any customers who require this feature, should not apply for Westnet Phone.

2.8 Westnet will be the Long Distance carrier of choice (if an alternative carrier is preferred Westnet cannot offer this service).

2.9 The Customer is aware that calls to 190 / InfoCall services will be barred and access to these services will not be available.

2.10 If the Customer currently has a Telstra rental handset, the customer may be charged a fee on their final account.

2.11 Westnet Obligations

2.11.1 Westnet will use its best endeavours to supply and deliver the Service in accordance with this agreement and, in particular, to:

1. pre-select the fixed phone telephone line(s) for the Customer;
2. transfer the relevant line rental and local call components for the Customer;
3. supply the Customer with a monthly bill for all call charges incurred by the Customer in the preceding month. All line rental and other product charges associated with the Service are billed one month in advance. All accounts will be emailed to the Customer on the 1st of each month and can later be viewed online in the ‘MyAccount’ section of the Westnet website; and
4. provide the Customer access to all online tools that may become available from time to time, including call monitoring.

2.12 Line Transfer

2.12.1 All Call Types will, if relevant, be supplied by the current pre-selected service provider retained by the Customer until the transfer process is completed by Westnet.

2.12.2 The Customer will remain liable to pay any current service provider for Call Types made prior to the line being transferred to Westnet.

2.12.3 If a Customer seeks to have Call Types provided by a third party, such third party shall assume responsibility for completion of the transfer process.

2.12.4 The Customer will remain liable to pay Westnet all amounts incurred for the provision of Services under this agreement until the relevant line has been pre-selected to another service provider or the Service disconnected.

2.13 Westnet [Business Phone Extra] Fair Use Policy

2.13.1 Fair Use Policy

The Westnet [Business Phone Extra] reasonable and fair use policy (“Fair Use Policy”):

1. outlines the background to the Fair Use Policy;
2. describes what we consider to be abuse of Westnet services; and
3. details how Westnet will respond to a Customer breach of the Fair Use Policy.

2.13.2 Introduction

Westnet would like for all of its Customers to have reasonable use of its [service] and wishes to extend every possible consideration to each Customer to ensure the best possible [service] for all. The Fair Use Policy is intended to ensure that Customers do not use the [Westnet Business Phone Extra Plan] in an excessive, unreasonable or otherwise unacceptable manner.

2.13.3 Compliance

Westnet will deal quickly and decisively with instances of abuse of [the Service], including account termination.

2.13.4 Examples of ‘unreasonable use’

The following activities are non-exhaustive examples as to what constitutes “unreasonable use”:

1. A Customer may not exceed average call duration of over 30 minutes for Long Distance calls calculated over a billing month.

2.13.5 Consequences of Breach

2.13.5.1 If Westnet is of the view a Customer is in breach of the Fair Use Policy, it will notify that Customer in writing. If Westnet is not satisfied the Customer is in compliance with the Fair Use Policy (or has not otherwise remedied the breach) within thirty (30) days from the date of such notice, Westnet may limit the right of the Customer to use the [Westnet Business Phone Extra Plan or switch the Customer to another Westnet service.

2.13.5.2 If Westnet determines that a Customer has signed up for [the Business Phone Extra Plan] service for the purpose of abusing the Westnet service, the account may be cancelled, suspended or terminated immediately without notice or refund.

2.13.6 Miscellaneous

2.13.6.1 Westnet may change, alter and or amend the Fair Use Policy from time to time on its website.

2.13.6.2 The Customer agrees that it is obliged to keep updated on changes to the Fair Use Policy and that any changes to the Fair Use Policy will be effective immediately upon being posted on the Westnet website.

2.13.6.3 The Fair Use Policy is to be considered as part of the Terms of Service for the [Westnet Business Phone Extra Plan], including the Westnet General Terms and Conditions.

2.13.6.4 Westnet retains the sole and unfettered discretion to determine what comprises ‘unreasonable use’ in respect of any issue arising in relation to the Fair Use Policy.

3. ADSL2+ Terms & Conditions

3.1 Nature of Service

3.1.1 The Customer acknowledges Broadband2+ is not compatible with all standard telephone lines and 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.

3.1.2 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.

3.1.3 All Customers; except customers on Option 1 plan, will not be charged for data sent to or from:

1. The 3FL games servers within the home state of the Customer;
2. MyWestnet Video;
3. Westnet Download Vault;
4. 3FL File Mirror.

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

3.1.4 Dialup access for Broadband2+ customers is charged at $1.10 per hour during non-outage periods.

3.1.5 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.

3.1.6 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.

3.1.7 If Westnet determines 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.

3.1.8 Should a fault occur once the application is complete, Westnet may provide the customer with a credit.

3.1.9 Should an application fail, the modem must be returned to be eligible for a reimbursement.

3.1.10 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.

3.2 Service Levels

3.2.1 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.

3.2.2 The Customer acknowledges Westnet cannot represent or guarantee the continued availability of the Service. The Customer acknowledges the Service may be temporarily unavailable for use due to technical failures, network congestion, periodic maintenance, disruption to telecommunications services and or other causes.

3.2.3 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.

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

3.2.5 The customer acknowledges when signing up to an ASDL2+ plan the speeds available are between 1.5Mbps/256kbps to 20Mbps/820kbps which is dependent on:

• How far the customer lives away from the local telephone exchange,
• Quality of the phone line,
• Quality of the Broadband ADSL2+ modem and line filter,
• The software configuration and application on the customers computer,
• The number of services on the same copper hardware, i.e. how many of other customers are using the same hardware.

3.3 Installation

3.3.1 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.

3.3.2 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.

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

3.3.4 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 beyond the control of Westnet.

3.4 Requirements of Service

3.4.1 The Customer must, at their own cost and expense, arrange to have the following on the Installation Date:

1. Standard telephone line connected and in service (unless the request is a New Service Order);
2. Standard power point in proximity to the telephone line outlet;
3. A router or modem for use with the Service approved by Westnet as being compatible with the Westnet network ("Customer Modem");
4. Computer that complies with Westnet Service specifications for connection to the Customer Modem ("Customer Computer");
5. Safe and legal access to the Customer's premises for the Service installation; and
6. If required by Westnet, the attendance of a Registered Cabler.

3.4.2 Full details of current Customer Modem and Customer Computer specifications required are available on the Westnet website at www.westnet.com.au. 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.

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

3.4.4 Westnet makes no representations, warranties or assurances that the Customer Modem or Customer Computer will be compatible with the Service.

3.4.5 It is the customers’ responsibility in the setup of all hardware, e.g. modem, etc.

3.5 Transfers and Cancellations

3.5.1 The Customer may not assign, transfer or otherwise dispose of the Service to another third party without the prior written consent of Westnet.

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

3.5.3 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 the notice period and for any other charges previously incurred and unpaid.

3.5.4 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.

3.5.5 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;

3.5.6 The Customer is the account holder of the Service(s) or are authorised by the account holder to transfer the service to Westnet (‘Churn Order only’).

3.5.7 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.

3.6 Existing Customers

3.6.1 An existing Westnet customer with a Static IP address or Subnet will be required to sign up to a new Static IP or Subnet respectively. A new range of Static IP's are allocated specifically to the Broadband2+ product.

3.6.2 Existing customers upgrading their service to Broadband2+ mid month will have their Broadband1 (256kbps, 512kbps, 1.5Mbps and 8Mbps) downloads added towards the new monthly download limit of the Broadband2+ plan. When the Broadband2+ plan becomes active, Westnet will reimburse a pro-rated amount for the original plan and then bill the pro-rated amount for the Broadband2+ plan, i.e. for the days remaining. If the customer has selected excess usage, it will still continue and be charged at $6/GB.

3.6.3 If an existing customer is currently on an Broadband1 contract and they wish to sign up to Broadband2+ the following conditions will apply:

1. If the customer is less than 6 months into a current contract then they pay an early termination fee of $55.00.
2. If the customer wishes to move to Broadband+ then the remaining contract period, and any obligations are transferred to the new agreement the customer takes up.
3. If the customer decides to cancel their Broadband2+ service within this period, then the standard pro-rata cancellation fee of $165 will apply in addition to the pro-rata fees associated with the remaining period of the original Broadband1 contract.

3.6.4 Should the customer decide to cancel their current Broadband1 contract and sign up to Broadband2+ penalty fees and connection fees will apply.

3.7 General

3.7.1 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.

3.7.2 All notices to be delivered under this agreement must be in writing and sent by post, email, facsimile or hand delivery.

3.7.3 A current copy of this agreement may be obtained on the Westnet website.

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