IPSTAR Australia Pty Limited Standard Form of Agreement –
NBN Co Limited Long Term Satellite Service (LTSS)
(Residential Use Only)
Version 2.0 – August 2017
- The Services are for residential use only.
- The Satellite Internet Service Customer Premises Equipment (CPE) supplied under this Agreement remains at all times the sole property of NBN Co Limited (nbn). The Satellite Internet Service CPE, is supplied and installed by nbn.
- The Services offered by IPSTAR under this Agreement, have not been designed and do not support the supply of internet on any basis other than for a limited period as provided by this Agreement. The Services are reliant, among other things, on a satellite service supplied to IPSTAR by NBN Co Limited (“nbn”).
- Service Plans and their Critical Information Summaries (CISs) are available on our website or from our business premises.
- The Internet Service can be managed by You via IPSTAR’s “self service” customer portal known as “MyIPSTAR”, which allows qualifying end users to self-manage parts of the Services, such as email addresses, payment options and allows upgrading and downgrading between Service plans and much more! The Services are for residential use only and may not be used for business purposes.
- Nothing in this Agreement excludes any of Your non-excludable rights under the Australian Consumer Law or any other legislation or law which cannot be lawfully excluded.
- There is no guarantee that the Services can be supplied to You. The Satellite Internet Services are only available for supply to a limited number of premises. You can check if your address is eligible at http://ipstarbroadband.com.au/
- The supply of the Services to You are also subject to IPSTAR obtaining a consumer credit report about You which is satisfactory to IPSTAR.
Terms and Conditions:
- Important Notice To Applicant(s) For Credit (Section 18(E)(1) Privacy Act 1988) Notice of disclosure of your credit information to a credit-reporting agency. (Privacy Act 1988)
If you submit an Application Form to IPSTAR for the Services, IPSTAR Australia Pty Ltd will obtain a credit assessment from Veda Advantage Information Services & Solutions Limited and may give information about You to that credit reporting agency.
This information may be given before, during or after the provision of credit to You.
- Applications for the Service
2.1 Without limiting any other provision of this Agreement, this Agreement and the supply by IPSTAR of the Services to You shall be subject to:
- IPSTAR’s approval of Your Application Form;
- You meeting the address requirements specified by nbn;
- successful installation of the CPE at the premises nominated by You in the Application Form; and
- expiry or termination of this Agreement.
2.2 By submitting an Application Form to IPSTAR for a Service, You agree and acknowledge, that without limiting IPSTAR’s rights of termination otherwise specified in this Agreement or at law, IPSTAR reserves the right to immediately, and without notice to You, terminate Your access to the Services if:
- IPSTAR discovers that You have provided false or inaccurate information on an Application Form;
- IPSTAR reasonably suspects illegal conduct in relation to the use of a Service by You or any person using the Service at Your premises;
- there is a threat or risk to the security of a Service or integrity of the IPSTAR network and IPSTAR considers, acting reasonably, that terminating your access to the Service will reduce or eliminate the threat or risk;
- any Supplier of IPSTAR discontinues or suspends the supply of any goods or services necessary for IPSTAR to provide a Service to You; and/or
- it is necessary in order to comply with any law.
2.3 By submitting an Application Form to IPSTAR, You agree that, if IPSTAR approves Your Application Form:
- goods and services supplied under this Agreement will be supplied for a limited period only;
- in order to access the Services, You will be required to accommodate equipment on Your premises, including the CPE and a network termination device owned or operated by nbn;
- the goods and services supplied under this Agreement (and the ordering, provision, supply and operational process applicable to the goods and services) are not indicative of the goods and services (and the ordering, provisioning, supply and operational processes) that IPSTAR may make available to You on an ongoing basis following the expiry or termination of any minimum term for the Services, or this Agreement;
- the entry into this Agreement on the terms set out herein will not prevent IPSTAR from subsequently entering into any further agreement for the supply of internet services, and/or CPE, or IPSTAR publishing any standard form of agreement in respect of the goods and services to be supplied under such agreements, or, with terms and conditions that are different to or inconsistent with, the terms of this Agreement; and
- the acceptance or rejection of an Application Form that You submit to IPSTAR in respect of goods or services described in this Agreement is subject to any criteria set out in this Agreement and may also be subject to acceptance by nbn.
2.4 In submitting an Application Form, You also:
- agree and acknowledge that You remain liable for all amounts owing to Your existing telecommunications suppliers if payable by You as a result of Your transfer of any services and/or termination of any agreement with the existing supplier under any of Your agreements with those suppliers, and that there may be other consequences for any early termination of Your agreement with Your existing telecommunications suppliers; and
- agree and acknowledge that, without limiting paragraph (a), where You are, prior to entering into this Agreement, using a broadband service supplied by IPSTAR, the above reference in paragraph (a) to “existing telecommunications supplier” includes IPSTAR and any other telecommunications suppliers.
- Service connection and premises access requirements
3.1 IPSTAR will endeavour to connect the Service at Your premises designated in an approved Application Form within Thirty (30) days of IPSTAR approving the Application Form.
3.2 You agree to cooperate with IPSTAR and nbn so as to enable such connection and installation including via granting access, and licencing IPSTAR, nbn, and any supplier of IPSTAR or nbn, to attend and access the premises for installation, and in respect of any subsequent access for maintenance or as reasonably required in order to facilitate the supply of the Services.
3.3 You agree to provide full, free and unfettered access to the CPE and Your premises and a suitable and safe working environment to IPSTAR, nbn, any of their suppliers, and any of our or their representatives, agents, and installers. Without limiting the foregoing provisions, in relation to any part of the nbn satellite network, including any nbn equipment or any goods and services provided under this Agreement that are or will be located on, at, under, or over any site or premises that is owned, controlled or occupied by You, You must provide, or procure the provision of, all valid and enforceable consents, approvals or rights of access required by IPSTAR or nbn, that enables IPSTAR or nbn or any supplier of nbn or any of their personnel to safely and in a timely manner enter and do anything necessary in respect of that site or premises in order to facilitate the supply of the Services, including:
- supplying any goods or services specified in this Agreement or which are ancillary to those goods and services;
- delivering, installing, connecting, inspecting, repositioning, modifying, maintaining, replacing, repairing, servicing, disconnecting, or removing all or part of the goods, services, network or equipment or any other items owned by IPSTAR, nbn or any supplier to IPSTAR or nbn; and/or
- exercising any of their rights or performing any of their obligations under and in accordance with this Agreement,
- during the term of this Agreement and for so long after the period of the expiry or termination of this Agreement as is necessary for them to exercise their rights and perform their obligations under this Agreement. You must hold all consents, approvals and rights of access provided by You or obtained by You for the purposes of this clause on trust for the benefit of IPSTAR, nbn and any supplier to nbn or IPSTAR. In addition, at the request of IPSTAR, you must provide to IPSTAR all documentary evidence, approvals and rights of access referred to in this clause. For the purpose of this clause, any premises or site referred to that is owned, controlled or occupied by You also includes any premises of any landlord, or premises controlled by any land owner, building manager or similar person in respect of which You are a tenant and of any adjacent site or premises, if that adjacent site is owned or occupied by You.
3.4 You will be contacted in advance in order to arrange a time for nbn or its installers to install the Satellite Internet Services CPE at Your premises. Please note that if You are not available to grant access to the premises to nbn or its installers at the pre-arranged time, a fee will be payable in order to re-book the installation. See Charges section in this SFoA.
- Service quality, availability and technical support
4.1 Except in respect of any warranties, guarantees or other conditions, which, are implied pursuant to legislation, which cannot be excluded, IPSTAR does not make any representations or warranties, as to the quality of the Services.
4.2 IPSTAR shall use its best endeavours to supply You with the Services 24 hours per day, 7 days per week but does not warrant the Services will be supplied on an uninterrupted basis.
4.3 If a Service is unavailable for access by You due to maintenance or malfunction, IPSTAR shall use its best endeavours to notify You via any of the contact details specified by You in the Application Form or via the MyIPSTAR Portal.
4.4 IPSTAR shall not be liable for any delay or failure to perform its obligations pursuant to this Agreement if such delay is due to Force Majeure.
4.5 If a delay or failure of IPSTAR to perform its obligations is caused or anticipated due to Force Majeure, the performance of IPSTAR’s obligations hereunder will be suspended.
4.6 If a delay or failure by IPSTAR to perform its obligations due to Force Majeure exceeds Thirty (30) days, IPSTAR may immediately terminate the Agreement by providing notice in writing to You.
4.7 Technical support is available. Please refer to clause 22. However, IPSTAR has no responsibility to provide any computer equipment, electricity connection or training in the use of the Services or CPE pursuant to this Agreement or at all.
4.8 IPSTAR is not responsible for any event that is caused or contributed by:
- any incompatibility between any networks, systems, or facilities of IPSTAR and those of nbn or other Supplier or of any third party or which You own or which You use in connection with the Services; or
- any wilful, negligent or wrongful act or omission made by You or any other end user of IPSTAR, including any breach by You of any of Your obligations under this Agreement and any non-compliance by You or any other end user with any information or requirements provided by IPSTAR, nbn or other Supplier in relation to the Services or the CPE.
4.9 IPSTAR will not be liable for the adjustment, modification or tampering with any CPE carried out by You, or on Your behalf that is not authorised by IPSTAR, and You shall indemnify and hold IPSTAR, nbn, any supplier of nbn and IPSTAR and their personnel from and against any and all loss or damage that may be suffered by any of them arising from or arising in connection with any such adjustment, modification or tampering which IPSTAR has not authorised, and for any loss and/or damage to any Internet Services CPE.
- Use of the CPE and the Services
5.1 You agree to comply with all guides, manuals, recommendations and directions pertaining to the access and use of the Services and CPE given to You by IPSTAR from time to time including, but not limited to, those directions specified in the Acceptable Use Policy. If You connect any equipment to the Service that is not supplied by us You must ensure that all such equipment:
(a) has all necessary regulatory approvals;
(b) is not prohibited by the Australian Communications and Media Authority (ACMA);
(c) complies with all applicable regulatory standards;
(d) is capable of operating with the relevant Service;
(e) does not damage, interfere with or cause any deterioration in the operation of the Service or any other part of our network or the network of any Supplier and associated facilities or other services a Supplier may be supplying to any other third party,
and should any of the requirements above not be met then, without limiting any other provision of this Agreement, IPSTAR may require You to stop using and disconnect the equipment until the requirements are met.
5.2 You warrant, represent and agree that in accessing and using the Services You will only use software that You are legally entitled to in a way that will not be a breach of copyright or any other law.
5.3 You acknowledge and agree that IPSTAR does not and cannot in any way supervise, edit or control the content and form of any information or data accessed through the Services and IPSTAR, shall not be held responsible in any way for any content or information accessed via the Services.
5.4 IPSTAR disclaims all or any liability for any material on the Internet or otherwise that You or any person using the Services at or from Your premises finds offensive, upsetting or defamatory. You must provide adult supervision of the use of the Services and CPE if used by people under the age of eighteen (18).
5.5 Without limiting the Acceptable Use Policy, You must not act on or through the Services, so as to interfere with or disrupt Internet users, service providers, their computers, software or hardware. Such actions include,, but are not limited to, the circulation of any unsolicited publicity or advertising material, propagation of computer worms and viruses, using the Services to make an unauthorised access of any other computer accessible via the Internet, sending harassing, obscene, indecent, offensive or threatening electronic mail, forgery (or attempted forgery) of electronic mail messages and the placement, transmission or storage of any defamatory material on the Internet.
5.6 Without limiting the Acceptable Use Policy, You agree to refrain from the bulk transmission of messages to unsuitable Internet users, service providers or newsgroups. You agree to refrain from the bulk transmission of unsolicited electronic mail.
5.7 Without limiting the Acceptable Use Policy, You will not access, nor permit any other party to access or use, any Service:
(a) to commit an offence;
(b) for any purpose or activity of an or any suspected illegal, unlawful, fraudulent or defamatory nature; or
(c) to do or instruct others to do any act that may damage the network or systems of IPSTAR, nbn or any Supplier or cause the quality of any Services to be impaired in any way.
5.8 Without limiting the Acceptable Use Policy, You will not reproduce, distribute, transmit, publish, copy, transfer or commercially exploit any information accessed through or received from a Service that would be an infringement of any copyright, patent, trademark, design or other intellectual property right.
5.9 You will prepare and maintain sufficient and frequent back-up files and data storage capacity for Your data including electronic messages and You understand that IPSTAR shall not be responsible for the back-up or retention of any electronic messages or other of Your files which may be stored on IPSTAR’s computer servers.
5.10 You may not resell or resupply any Service to any third party.
5.11 You may only access the Services using the CPE configured for connection to the Services approved by IPSTAR and only at the premises specified on the approved Application Form.
5.12 Any use of a Service by children must be monitored by an adult and such monitoring is Your responsibility.
5.13 You warrant, represent and undertake that any use by You of:
- the Services supplied to You;
- the nbn satellite network;
- the nbn Platform;
- any other nbn network, system, equipment, and facilities, and any goods and services that You order from IPSTAR; and
- any other equipment You use in connection with the Services,
is at all relevant times lawful and complies with any lawful directions, does not contravene any law or court order, is not fraudulent or contrary to any provision to this Agreement, and will not expose IPSTAR or nbn, or any supplier to them, to any liability to any third party.
5.14 Without limiting the Acceptable Use Policy, You warrant, represent and undertake that You will not and You will not permit any third party to provide, use, transmit, receive or possess any information, documentation, text, data, graphics, images, software, audio or visual material, and any other material in whatever form, using the Services, the nbn network, or the nbn Platform or using any goods or services supplied under this Agreement, in any way which infringes any person’s intellectual property rights (including but not limited to IPSTAR’s, nbn’s or any third parties’ intellectual property rights), or which is unlawful, is defamatory, abusive, offensive, indecent, menacing, or which infringes any duty or obligation in contract, tort or otherwise which You have to any third party (“Unsuitable Content”).
5.15 You indemnify and hold harmless IPSTAR and nbn, and any supplier to IPSTAR or nbn and each of their personnel, from and against all claims and losses suffered or incurred by any of them regarding the provision, use, transmission, receipt or possession of any Unsuitable Content transmitted using any goods or services supplied under this Agreement or over the nbn Satellite Network or the nbn Platform.
5.16 You must not damage, interfere with, repair, service, move, disconnect, or threaten:
- the nbn Satellite Network, the nbn Platform or any other nbn network, equipment or facilities;
- any other nbn customer’s network, systems, equipment or facilities used in connection with the nbn Satellite Network or nbn Platform; or
- any network, systems, equipment or facilities of any supplier from whom nbn acquires satellite services which nbn uses and relies on as a direct input into the supply of goods and services used by IPSTAR under this Agreement, or which are used in connection with a supply or any such satellite services to nbn,
including through the use of any network, system and facilities used by IPSTAR in relation to the carrying of communications by means of guided or unguided electromagnetic or optical energy, or through the use of any CPE or other equipment used by You in connection with the Service.
5.17 You must not deal with, alter or deface any labelling, identification or trademark affixed to any equipment that is owned, operated, or controlled by nbn, IPSTAR or any third party supplier to nbn or IPSTAR.
5.18 You must at any time on request from IPSTAR provide the location of any equipment of nbn, IPSTAR or any supplier to IPSTAR or nbn, which is in Your possession or control.
5.19 You acknowledge and agree that the Satellite Internet Services CPE is owned by nbn. You must:
- not create, or suffer to be created, any security interest (including, on the Personal Property Securities Register), encumbrance, lien, charge or mortgage of any part of the Satellite Internet Services CPE or the services supplied to You in this Agreement or over any part of the nbn Satellite Network or the nbn Platform;
- take all reasonable care of the Satellite Internet Services CPE, and the services supplied to You under this Agreement and any part of the nbn Satellite Network which you access;
- provide true and complete answers to any reasonable questions asked by any IPSTAR or nbn personnel and inform them of any issue which may affect or prevent the successful installation, positioning and testing of any CPE or nbn equipment in connection with the goods and services supplied under this Agreement, on their first visit to Your premises (and this includes an obligation on You to tell them anything which may prevent any access to any part of the relevant site or premises); and
- ensure that You are available at the site or premises where the CPE and/or nbn equipment is to be delivered (and give any access required) on the dates and at the times agreed with the relevant IPSTAR or nbn personnel.
5.20 If You fail to comply with clause 5.19:
- Neither IPSTAR, nbn or any Supplier will be liable for any losses that may be incurred by You arising from or in connection with IPSTAR’s, nbn’s or any Supplier’s failure to comply with its obligations as a result of Your failure to comply with any of the above requirements; and
- You will indemnify and hold harmless IPSTAR, nbn and their Suppliers and personnel from and against any and all losses or claims that may be incurred or suffered by any of them arising from or in relation to Your failure to comply with clause 5.19.
6.1 You shall pay the Charges according to the price payable for the Services selected by You on the Application Form. Where a Service plan specifies a maximum monthly transmission (specified in gigabytes or otherwise), You must still pay the applicable monthly charge if the maximum monthly transmission limit is not reached. Any unused bandwidth in any month expires at the end of that month.
6.2 If You dispute the whole or any portion of the amount claimed in an invoice submitted by IPSTAR, then You shall pay the undisputed amount stated in the invoice and shall notify IPSTAR in writing (within seven (7) days of receipt of the invoice) of the reasons for disputing the invoice. IPSTAR will, acting reasonably within thirty (30) days of receiving such notification, notify You of its decision regarding the dispute.
6.3 There are aspects of invoicing that You should consider:
- Invoices will be issued in advance, once per month via email and/or via the MyIPSTAR Portal;
- Invoices can be paid by BPAY, Australia Post, Direct Debit or credit card online via the MyIPSTAR Customer Portal;
- If payment is made by direct debit and the payment amount is unable to withdrawn for any reason (except due to an error or failure caused by IPSTAR or IPSTAR’s bank), IPSTAR may charge an administration fee of $20 (excl gst). Invoices are due and payable twenty–one (21) days from the date of issue. The Charges will be treated as being received by IPSTAR when the payment is credited to IPSTAR’s nominated bank account
- If an invoice is not paid on time:
- a late payment charge of $13.64 (excl gst) will apply for invoices overdue by more than seven (7) days;
- for invoices seven (7) days overdue, the Customer’s connection to the Satellite Internet Service will be shaped to 128kbps/128kbps;
- for invoices fourteen (14) days overdue, the Customer’s connection to the Satellite Internet Service will be suspended (and a reconnection fee of $15.00 (excl gst) will be payable to unsuspend the Service.
- for invoices twenty-one (21) days overdue, the Customer’s connection to the Satellite Internet Service will be terminated and an early termination fee will apply.
6.4 There are a number of additional charges that You should consider:
- There is no set up or activation charge for Satellite install.
- If You are not available to grant access to the premises to nbn or its installers at the pre-arranged time, a missed appointment charge of $150.00 (excl gst) fee will be payable in order to re-book the installation.
- If a technician is required to attend a Your premises and there is no fault with the IPSTAR used infrastructure (or that of our network provider), then a tech call out fee of $150 (excl GST) will be applicable. In cases where a call out is due to standard installation/set up, then no charge is payable.
- If Your data needs change within Your contract period. A Data Downgrade fee of $15.00 (excl gst) will be charged and a change request to your plan will take effect from the first day of the NEXT billing period. Your existing contract period will remain unchanged.
- If Your speed needs change within Your contract period. A Speed Downgrade fee of $15.00 (excl gst) will be charged and a change request to your speed will take effect from the first day of the NEXT billing period. Your existing contract period will remain unchanged.
- If You move house during Your contract period, a relocation fee of $50 (excl gst) will be charged. The contract will remain unchanged. No additional set up fee will apply.
- If You decide to return a Modem that you purchased and has been sent to You, a Modem Return fee of $27.27 (excl gst) will be charged. The modem must be suitable for resale or it will not be accepted.
- If You terminate your contract early an Early Termination Fee will apply. The charge will depend on your contract value. If you sign up for a 1-month contract term, there will be no early termination fee providing you give us 1 month written notice in advance. If you wish to terminate a 12-month or 24-month contract the early termination fee will be based on paying the remaining months on your contract (months X plan subscription), or will be based on the number of months remaining in your contract. If you have less than 12 months remaining on Your contract then $150 (excl GST) is payable, If you have between 12 and 24 months remaining on Your contract then $250 (excl GST) is payable. You will be charged whichever is the lesser amount.
6.5 The Charges are exclusive of Goods and Services Tax and all other taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of the goods and services supplied under this Agreement, unless specified otherwise. Without limiting the foregoing, You shall be liable for any new taxes, duties or charges imposed subsequent to the date of this Agreement in respect of the goods and services supplied under this Agreement.
6.6 IPSTAR shall notify You of the Charges due each month in the form of a tax invoice issued via email or via the MyIPSTAR Portal. IPSTAR will ensure that it provides, and is able to verify and demonstrate, billing accuracy.
.6.7 If IPSTAR omits or miscalculate any Charges or other amounts payable by the Customer under this Agreement in an invoice, IPSTAR will adjust a later invoice submitted to the Customer to recover the omitted or miscalculated charges or other amounts, or issue an adjustment note.
7.1 The Customer releases and indemnifies IPSTAR, its servants and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against IPSTAR arising out of a breach of this Agreement by the Customer or anyone using the Services at the premises nominated by the Customer on the Application Form, or the negligence of the Customer, its agents, employees or sub-contractors or of any other person for whose acts or omissions the Customer is vicariously liable.
- Implied terms
8.1 If any goods or services supplied pursuant to this Agreement are supplied to You as a “consumer” of goods or services within the meaning of that term in the Australian Consumer Law as amended or relevant state legislation then You will have the benefit of certain no-excludable rights and remedies in respect of the goods or services and nothing in this Agreement excludes or restricts or modifies any condition, warrantee, guarantee, right or remedy pursuant to the Competition and Consumer Act 2010 (Cth) or any other state legislation is so conferred. However, if the goods or services are not ordinarily acquired for personal, domestic, or household use or consumption, pursuant to section 64A of the Australian Consumer Law and similar provisions of any State legislation, IPSTAR limits its liability for breach of any warrantee, guarantee, right or remedy implied by the Australian Consumer Law or any relevant state legislation or expressly given by IPSTAR to You in respect of such goods or services, where it is fair and reasonable to do so, at the option of IPSTAR, to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
- Exclusions and limitations of liability
9.1 Nothing in this Agreement limits or excludes any of Your non-excludable rights which are implied or imposed by the Australian Consumer Law or any other legislation or law which cannot be lawfully excluded.
9.2 IPSTAR shall not be liable to You in respect of:
(a) problems unrelated to IPSTAR’s conduct or the goods and services it supplies;
(b) losses caused by something completely independent of IPSTAR; and
(c) any other loss or damage, but only if and to the extent IPSTAR can legally exclude liability for such loss or damage by law.
9.3 You undertake to IPSTAR and nbn that You will not make, and You waive any claims You may have against any supplier to IPSTAR or nbn and any such supplier’s personnel arising from, or in connection with, any failure to supply goods or services to You or in relation to any failure by any supplier of nbn to supply nbn, or in relation to any failure of nbn or any other Supplier to supply IPSTAR. In addition:
- You agree that, to the maximum extent permitted by law, nbn, all related bodies corporate of nbn, any supplier of nbn, and all of each of their personnel, shall not have any liability to You or any third party using the Services and or CPE, arising from or in connection with any goods or services supplied to You under this Agreement;
- You will not obtain any insurance policies for Consequential Loss, or business interruption arising in connection with claims, loss, failure or non-performance of the Satellite Internet Services CPE or the Satellite Internet Services without first notifying IPSTAR to enable IPSTAR to obtain prior written consent from nbn for the insurance and for the avoidance of doubt You are not permitted to obtain or maintain such insurance policies until and unless that consent is received; and
- You must not prevent or hinder nbn from exercising its rights or performing its obligations under any agreement it has with IPSTAR.
- Termination and Suspension
10.1 IPSTAR will provide an amount of notice of suspension or disconnection of a Service.
10.2 Without limiting the generality of any other clause in this Agreement, IPSTAR may terminate this Agreement immediately by notice in writing if:
- it is demonstrated that You are in breach of any material term of this Agreement (including, in relation to payment for any Service and care of CPE) and such breach is not remedied within twenty-eight (28) days of You being notified of the breach by IPSTAR;
- IPSTAR is provided with evidence that you are using a Service in breach of the Acceptable Use Policy;
- You become, threaten or resolve to become or are in jeopardy of becoming subject to any form of bankruptcy, winding up, administration, receivership, liquidation or other insolvency administration;
- You, being a partnership, dissolve, threaten or resolve to dissolve or are in jeopardy of dissolving;
- You, being a natural person, die;
- IPSTAR is no longer able to provide You with a Service;
- IPSTAR is required to do so by an order of a court or tribunal with jurisdiction; or
- a competition notice which affects the subject matter of this Agreement is issued by the Australian Competition and Consumer Commission.
10.3 Without limiting any other rights of IPSTAR and nbn, You agree and acknowledge that nbn may request that IPSTAR, and IPSTAR may require that You:
- remove any CPE or other items owned or controlled by IPSTAR or nbn or other Supplier from any network, systems, equipment, property, premises, site or facilities; and/or
- disconnect any connections made by or from any network, system, equipment, property or facilities owned or operated by IPSTAR or nbn or other Supplier,
within a specified time frame (“a Removal Notice”).
10.4 If You do not comply with any Removal Notice within the time specified within the Removal Notice, then without limiting any other provisions of this Agreement, IPSTAR, nbn, or any supplier to nbn or IPSTAR may remove or disconnect any CPE, any nbn equipment or any other equipment or connection (as the case may be) or Service that was the subject of the Removal Notice.
10.5 Without limiting any other provision of this clause 10, You agree and acknowledge that if nbn or other Supplier has an express right under an agreement with IPSTAR or at law to remove or disconnect Your equipment, or if IPSTAR has an obligation or a right under this Agreement to disconnect You from a Service or otherwise withdraw, suspend or terminate a Service, You must provide all cooperation reasonably requested by IPSTAR to facilitate the disconnection, including by providing access to the CPE and by following any reasonable directions from IPSTAR in relation to the removal of the CPE from Your premises.
10.6 Without limiting any other rights of IPSTAR, IPSTAR, acting reasonably, may suspend all or part of the operation of this Agreement (including by refusing or otherwise limiting or varying the capacity or speed of the CPE or any Services) with immediate effect if:
- the performance of this Agreement is or becomes unlawful, endangers the health or safety of any person or poses an actual or imminent threat to any property;
- IPSTAR is unable to acquire a broadband satellite internet service from nbn;
- IPSTAR, is unable to acquire, in its reasonable opinion, the Satellite Internet Service from nbn to a standard or quality that is acceptable to IPSTAR;
- You damage, interfere with any network, systems, equipment or facilities of IPSTAR or nbn or other Supplier, or any other customer of IPSTAR, nbn or any of their suppliers;
- You are in material breach, or likely to be in material breach, of any provision of this Agreement; or
- IPSTAR ceases to be a telecommunications carrier or carriage service provider.
10.7 In the case of a suspension under clause 10.6(a),(b),(c), (d) or (f) the suspension will continue until IPSTAR, acting reasonably is satisfied that the event giving rise to the suspension has ceased to apply, or has been remedied and each party is ready to resume performance of this Agreement.
10.8 In a case of a suspension under clause 10.7(e) or (f) the suspension will continue until IPSTAR, acting reasonably, is satisfied that You have remedied the event giving rise to the suspension and each party is ready to resume performance of this Agreement.
10.9 In the case of any suspension under clause 10.6 lasting more than 30 days, IPSTAR may terminate this Agreement.
11.1 IPSTAR may sub-contract for the performance of this Agreement or any part of this Agreement.
11.2 IPSTAR may, without the consent of the Customer, engage individuals on a sub-contract or consultancy basis, whether or not operating under a corporate structure, to assist in the provision of the Services.
12.1 The Customer shall not assign or novate the whole or part of this Agreement to another party without the prior written consent of IPSTAR.
12.2 IPSTAR may assign or novate the whole or part of this Agreement to another party without the prior written consent of the Customer.
13.1 No term of this Agreement, shall be deemed to be waived except by notice in writing signed by each Party.
13.2 A waiver made by IPSTAR pursuant by clause 13.1 will not prejudice its rights in respect of any subsequent breach of the Agreement by the Customer.
13.3 Subject to clause 13.1, any failure by IPSTAR to enforce any clause of this Agreement, or any forbearance, delay or indulgence granted by IPSTAR to the Customer, will not be construed as a waiver of IPSTAR’s rights under this Agreement.
14.1 If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, the Agreement shall remain otherwise in full force apart from such provisions, which shall be deemed deleted.
- Rights of each Party
15.1 Any express statement of the right of a Party under this Agreement is without prejudice to any other right of the Party expressly stated in this Agreement or existing at law.
- Survival of agreement
16.1 The covenants, conditions and provisions of this Agreement, which are capable of having effect after the expiration of the Agreement, shall remain in full force and effect following the expiration of the Agreement.
- Governing law
17.1 This Agreement, will be governed by and construed according to the laws of New South Wales, and the Parties submit to the exclusive jurisdiction of the courts of New South Wales and any courts, which have jurisdiction to hear appeals from decisions of those courts.
18.1 Notices under this Agreement, may be delivered by hand, by email, by mail or by facsimile to either Party. IPSTAR may also notify the Customer via the MyIPSTAR Portal.
18.2 Notice will be deemed given:
- in the case of hand delivery by either Party, upon written acknowledgment of receipt by an officer or other duly authorised employee, agent or representative of the receiving Party;
- in the case of posting by either Party, three days after despatch;
- in the case of facsimile by either Party, upon receipt of transmission if received on a business day or otherwise at the commencement of the first business day following transmission;
- where sent by email by Customer to IPSTAR, upon receipt by Customer of written acknowledgement from IPSTAR confirming the delivery of the email to IPSTAR;
- where sent by email by IPSTAR to Customer, upon the email being confirmed as sent on IPSTAR’s email system;
- where sent to the Customer via the MyIPSTAR Portal, within 24 hours.
18.3 The physical address for service of notices on IPSTAR is:
5 George Place
Artarmon New South Wales 2064
18.4 The address for service of notices on the Customer is the address specified by the Customer in the Application Form.
18.5 If IPSTAR shapes, suspends or disconnects a Service, IPSTAR may notify the Customer in accordance with this clause 18 or by automatically redirecting the Customer’s web browser to a webpage containing a shaping, suspension or disconnection notice. Notification via that webpage will be deemed given immediately the redirection is activated by IPSTAR.
18.6 IPSTAR shall provide an electronic notification to the Customer, via SMS, no later than 48 hours after the Customer reaches any of the following points in any month, where the Customer is on a Service Plan that is not unlimited:
(a) 50% of the expenditure and/or the data allowance which forms part of the included value in the plan (whichever threshold occurs first);
(b) 85% of the expenditure and/or the data allowance which forms part of the included value in the plan (whichever threshold occurs first);
(c) 100% of the expenditure and/or the data allowance which forms part of the included value in the plan (whichever threshold occurs first).
18.7 The Customer may in respect of the notifications referred to in clause 18.6:
(a) choose to receive email notifications instead of, or in addition to, SMS notifications;
(b) opt out of receiving any SMS or email notifications referred to in clause 18.6, by following the relevant prompts in the MyIPSTAR Portal.
18.8 The Customer may access usage information via the MyIPSTAR Portal. The Customer acknowledges that the usage information may be 48 hours old
- Privacy and Security
19.2 You acknowledge and agree that security breaches on our network can occur and You may incur costs, losses and damages as a result of security breaches. You release IPSTAR, nbn and any Supplier in respect of any and all loss and damage they incur or may incur as a result of or otherwise in connection with a security breach.
19.3 You are responsible for maintaining the secrecy and confidentiality of all identification and log-in information required by You to access any Service.
19.4 You agree not to disclose to any other person, corporation, entity or organisation any identification or log-in information, whether in use or not, nor any other confidential information relating to any Service or of IPSTAR.
19.5 You are liable for all fees and Charges resulting from use of any Service accessed through Your identification or log-in information, whether authorised by You or not and whether or not relating to a security breach. Disclosure or loss of identification or log-in information that results in the incurring of fees or Charges or misuse of a Service is Your responsibility and any such occurrences must be immediately communicated to IPSTAR.
- Minimum Term and Your Right to Terminate the Agreement
20.1 Unless otherwise agreed by IPSTAR, the minimum term of each Service you obtain under the Agreement is One (1) month or such other minimum term selected by You in an Application Form.
20.2 For early termination by the Customer, the Customer will be required to pay an early termination fee outlined in the Charges section of this SFoA.
20.3 The Agreement rolls over on a month-to-month basis after expiry of the minimum term.
20.4 After the expiry of the minimum term, the Agreement may be terminated by either party on providing Thirty (30) days notice.
20.5 Notwithstanding the above provisions of this clause 20, You may terminate this Agreement during the minimum term if:
- IPSTAR ceases to be a telecommunications carrier or a carriage service provider;
- IPSTAR is in material breach of this Agreement and does not cure that breach within Twenty (20) business days after the date You provide IPSTAR with written notice to do so.
- Consequences of Termination
21.1 This clause 21 applies if this Agreement expires or is terminated, or if a particular Service is cancelled or no longer supplied.
21.2 From the effective date of cancellation and/or expiry, termination or discontinuance of supply of any Service:
- IPSTAR shall be entitled to retain any moneys paid by You;
- IPSTAR may charge a reasonable sum for goods and services supplied in respect of which work no sum has been previously charged;
- IPSTAR may cease providing the Services to You;
- Your right to use the Satellite Internet Services CPE and the Services immediately ceases; and
- IPSTAR shall be entitled to stop accepting and processing orders from you for goods and services, and cease supplying goods and services to You.
21.3 If IPSTAR cancels the supply of any goods or services to You or terminates this Agreement as a result of Your breach, You are liable to pay damages to IPSTAR for any loss suffered by IPSTAR as a result of the cancellation and/or termination.
21.4 At any time after the cancellation and/or effective date of expiry or termination of this Agreement or any Service, IPSTAR or nbn may remove, or procure the removal of, all CPE and other equipment and other items owned by IPSTAR, nbn or another Supplier, from Your premises. You represent and warrant to IPSTAR and nbn that you have obtained any necessary consents and rights of access from any necessary person for any works that are necessary for the removal of such CPE, equipment and items.
21.5 Expiry or termination of this Agreement by either Party shall not affect the right of either Party to enforce its accrued rights against the other Party.
21.6 IPSTAR may vary the Agreement at any time subject to the following provisions:
- in relation to variations that would cause detriment to You, the minimum period of notice to be given to You before the variations take effect is 60 days;
- in relation to variations that would not cause detriment to You, the minimum period of notice to be given to You before the variations take effect is 30 days;
- You will be informed of the variations via email and/or via the MyIPSTAR Portal; and
- if You do not approve the variations, You have the right to terminate this Agreement within forty-two (42) days of the date of the notice of variation without incurring charges, other than usage or network access charges (including monthly access charges for the Services) to the date the Agreement ends and outstanding amounts for installation or for equipment compatible with IPSTAR’s services.
21.7 An up-to-date copy of the Agreement, may be obtained from the MyIPSTAR Portal or from IPSTAR’s business premises or at http://ipstarbroadband.com.au/legal/
- Technical Support and Customer’s Rights
22.1 Customers can lodge faults and complaints and seek customer support by telephoning IPSTAR on 1300 464 778 six (6) days per week (Monday – Saturday) during normal business hours Australia-wide. Should a customer be unsatisfied with the progress of a support call, the matter will be escalated in accordance with the IPSTAR Complaints Handling Policy.
22.2 You may appoint an Authorised Representative to act on Your behalf in any dealings with IPSTAR, if You so require, by providing a valid written authority (such as a power of attorney) signed by You to IPSTAR. An Authorised Representative will have the power to act on Your behalf as if they are You or, if the Authorised Representative has more limited rights, the level of access that the Authorised Representative has to Your information.
22.3 You may also appoint an Advocate, if You so require, by providing a valid written authority (such as a power of attorney) signed by You to IPSTAR. IPSTAR will presume that an Advocate is not authorised to establish or make changes to Your account or the Service, unless the Advocate is also Your Authorised Representative. An Advocate who is not Your Authorised Representative has no power to act on Your behalf and has no access to Your information without You being present and agreeing to such action.
22.4 If You are not happy with our handling of a complaint, You can always contact the Telecommunications Industry Ombudsman (“TIO”) or New South Wales Fair Trading (or equivalent in your State or Territory).
- The TIO is a free and independent alternative dispute resolution scheme for small business and residential consumers in Australia with unresolved complaints about their telephone or internet services and can be contacted by telephone on 1800 062 058 – Monday to Friday between 9am and 5pm Australian Eastern Standard Time (free from a landline, but charged at standard mobile call rates if you call from a mobile).
22.6 The primary role of New South Wales Fair Trading is to manage consumer laws and to look after the rights of consumers.
22.7 In accordance with the unfair contract terms provision in the Australian Consumer Law and in the Telecommunications Protections Code.
- IPSTAR will not indefinitely suspend all parts of any service because of IPSTAR’s error or failure, or charge you a reconnection fee for a suspension caused by IPSTAR’s error or failure;
- You will not be required to pay a fee for a breach of this Agreement where the fee in inconsistent with the unfair contract provisions in the Australian Consumer Law; and
- IPSTAR will not unilaterally amend this agreement, the characteristics of any goods or services under this Agreement, or the price for them, during the term of this Agreement in circumstances which would be inconsistent with the unfair contract provisions set out in the Australian Consumer Law.
22.8 You acknowledge that You have no right, title or interest in any voice over IP number or other number or address allocated to You by IPSTAR as part of any Service including any internet protocol (“IP”) address. We reserve to right to alter or replace any number or IP address as a result of compliance with the Telecommunications Numbering Plan 1997 as amended from time to time or with any direction from the Australian Communications and Media Authority (ACMA) or any other authority or entity that has valid control over the subject matter.
- Definitions and Interpretation
23.1 In this Agreement:
Acceptable Use Policy means the conditions of use applicable to the Service as varied from time to time. The nbn fair use policy maybe amended by nbn from time to time and is available online at http://www.nbnco.com.au/
Advocate means a person nominated by You to deal with IPSTAR on Your behalf (but unlike an Authorised Representative, does not act as Your agent nor have authority to access any of Your account information held by IPSTAR);
Application Form means an online or paper-based application form for the Services designated by IPSTAR for the purposes of this Agreement, completed by the Customer and submitted to IPSTAR;
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Authorised Representative means a person who has authority from You to deal with IPSTAR on Your behalf as Your authorised agent;
Charges means the charges payable by the Customer to IPSTAR pursuant to this Agreement including, but not limited to, monthly fees for the Services;
Commencement Date means the date requested for commencement of the Services in the Application Form;
Consequential Loss means any:
- consequential, indirect, punitive, special or incidental loss; or
- loss of profits, loss of revenue, loss of income, losses from loss of business, losses from loss of production, loss of goodwill, loss of reputation, losses from loss of data, loss of anticipated savings, losses from loss of management time, loss of opportunity, loss of entitlements to special damages, losses from loss or impairment of being able to use the CPE or any of the Services or the Internet;
Customer or You or Your are all references to a person who obtains a Service from IPSTAR under this Agreement following the submission of an Application Form;
Customer Premises Equipment or CPE means the Satellite Internet Services CPE
Force Majeure means a circumstance beyond the reasonable control of IPSTAR. which results in IPSTAR being unable to observe or perform on time an obligation under this Agreement. Such circumstances shall include, but shall not be limited to:
- acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster;
- acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; and
- malfunction of a satellite, CPE or the Services due to any reason beyond IPSTAR’s reasonable control, for example due to weather or space conditions;
Internet means the worldwide connection of computer networks providing for the transmittal of electronic mail, on-line information, information retrieval and other communication;
MyIPSTAR Portal is the customer portal to enable You to view and manage parts of Your account.
nbn Platform means the billing, fault reporting and other related systems used by nbn in order to facilitate the operation of the nbn Satellite Network, but does not include nbn’s core systems or any functionality therein;
nbn Satellite Network means the satellite telecommunications network (including any terrestrial network elements) that is owned or controlled by, or operated on behalf of, nbn or a related body corporate of nbn, or any supplier to nbn (which may be IPSTAR), and any nbn equipment used in relation to the satellite network;
Party means IPSTAR or the Customer (as the context dictates) and Parties means both IPSTAR and the Customer;
Satellite Internet Services CPE means any equipment that is owned, operated or controlled by nbn (or any Related Body Corporate of nbn) or of any supplier to nbn:
- that is provided by nbn (or any Related Body Corporate of nbn) to You for use as part of, or in connection with, the Satellite Internet Services; or
- to which nbn (or any Related Body Corporate of nbn) permits IPSTAR to access (or on-grant such access to You) as a part of, or in connection with, any Satellite Internet Service, including any network termination device owned or operated by nbn that is or will be installed at Your premises,
and for the avoidance of doubt, also includes any satellite dish, outdoor unit, antenna and cabling supplied by or on behalf of nbn and which is installed at Your premises.
Schedule means a schedule to this Agreement.
Service means the service(s) requested by the Customer in an Application Form for the use of the Satellite Internet Services, and if ordered in the Application Form or such other form acceptable to IPSTAR, more particularly set out in Schedule 1 and Schedule 2.
Supplier means nbn and any other supplier of telecommunications goods or services to IPSTAR, which IPSTAR uses to supply any part of the CPE or Services to You.
- the introduction and “important notes” on pages 1 and 2 of this document form part of the Agreement;
- the clause headings are for convenient reference only and have no effect in limiting or extending the language of the provisions to which they refer;
- a cross reference to a clause number is a reference to its subclauses;
- words in the singular number include the plural and vice versa;
- words importing a gender include any other gender;
- a reference to a person includes a partnership and a body, whether corporate or otherwise;
- a reference to a clause is a reference to a clause or subclause of this Agreement;
- a reference to a subclause is a reference to a subclause of the clause in which that reference is made;
- where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
- a reference to a Schedule includes a reference to any part of that Schedule which is not physically annexed to this Agreement but which is incorporated by reference;
- monetary references are references to Australian currency;
- the words “includes” and “including” are not words of limitation; and
- a provision of this Agreement will not be interpreted against a party merely because a party prepared or is responsible for its preparation.