IPSTAR Australia Pty Limited

Standard Form of Agreement

Australian Broadband Guarantee (ABG) and Schedules

(Residential Use Only)

Version 3.0 – July 2018

Services Contract

Introduction

From time-to-time end users may become unable to obtain Broadband Satellite Internet Services from their existing IPSTAR Service Provider using IPSTAR-compatible Customer Premises Equipment (“CPE”) installed at their premises. IPSTAR Australia Pty Limited [ACN 107338901] (“IPSTAR”) may offer to supply Broadband Satellite Internet Services and ancillary products and services directly to certain qualifying end users for a minimum 12-month period unless agreed by IPSTAR otherwise on the terms and conditions set out herein.

IPSTAR has prepared a Standard Form of Agreement (“Agreement”) for the purposes of section 479 of the Telecommunications Act 1997 (Cth) (the “Act”). The Agreement includes the terms and conditions contained in this document, together with any specific terms and conditions contained in a Schedule to this document, an approved Application Form, the IPSTAR Acceptable Use Policy and the IPSTAR Privacy Policy.

In accordance with IPSTAR’s requirements under the Act, copies of this Agreement are available to the public from our business offices at 5 George Place, Artarmon, New South Wales. The Agreement is also available online to approved Customers via the MyIPSTAR Portal.

IPSTAR may vary the IPSTAR Privacy Policy, the IPSTAR Acceptable Use Policy, the Charges, the speed of a Service and any other terms and conditions contained in this Agreement and any other documents which comprise or are incorporated into this Agreement, at any time, subject to the requirements and our obligations under the Act and as set out in this Agreement.

  1. Definitions and Interpretation
    1. In this Agreement:
      Acceptable Use Policy means the conditions of use applicable to the Service as varied from time to time, a copy of which is available online
      Application Form means an online or paper-based form designated by IPSTAR for the purposes of this Agreement, completed by the Customer and submitted to IPSTAR;
      Charges means the charges payable by the Customer to IPSTAR pursuant to this Agreement including, but not limited to, access and usage fees relative to the Service;
      Commencement Date means the date requested for commencement of the Service in the Application Form;
      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 satellite dishes and associated equipment supplied to the Customer and/or installed at the Customer’s premises or other location designated by the Customer, for the purpose of facilitating the Customer’s connection to the Internet and IPSTAR’s satellite network or as otherwise required in connection with the supply of a Service;
      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:

      1. acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster;
      2. acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; and
      3. malfunction of a satellite, CPE or a Service whether due to weather or space conditions or otherwise;

Internet means the worldwide connection of computer networks providing for the transmittal of electronic mail, on-line information, information retrieval and other communication;
Party means IPSTAR or the Customer (as the context dictates) and Parties means both IPSTAR and the Customer;
Satellite Internet Access means the ability of the Customer’s computer to access the Internet and IPSTAR’s satellite network via the CPE;
Schedule means a schedule to this Agreement; and
Service means the service(s) requested by the Customer in an Application Form, more particularly set out in a Schedule.

  1. Interpretation
    1. 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;
    2. a cross reference to a clause number is a reference to its subclauses;
    3. words in the singular number include the plural and vice versa;
    4. words importing a gender include any other gender;
    5. a reference to a person includes a partnership and a body, whether corporate or otherwise;
    6. a reference to a clause is a reference to a clause or subclause of this Agreement;
    7. a reference to a subclause is a reference to a subclause of the clause in which that reference is made;
    8. 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;
    9. 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;
    10. monetary references are references to Australian currency;
    11. the words “includes” and “including” are not words of limitation; and
    12. the contra proferentem rule shall not apply.
  2. Supply of the Service
    1. Without limiting any other terms and conditions of this Agreement, this Agreement and the supply by IPSTAR of the Service to the Customer shall be subject to:
      1. IPSTAR’s approval of the Customer’s Application Form (such approval being subject to IPSTAR’s absolute discretion);
      2. successful installation of the CPE at the premises nominated by the Customer in an Application Form;
      3. continuous compliance by the Customer at all times with all of its obligations under this Agreement; and
      4. expiry or early termination of this Agreement.
    2. 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 the Customer, withdraw the Customer’s access to the Service if:
      1. the Customer fails to comply with any provision of this Agreement after being given 14 days notice to remedy a breach;
      2. the Customer misuses the Service or fails to comply with the Customer’s obligations as to the use and access of the Service as specified in this Agreement;
      3. the Customer provides false or inaccurate information on an Application Form;
      4. the location for connection of the Service and installation of the CPE is or becomes unsuitable or undesirable in IPSTAR’s absolute discretion;
      5. for operational reasons;
      6. IPSTAR reasonably suspects illegal conduct in relation to the service by any user;
      7. there is a threat or risk to the security of a Service or integrity of the IPSTAR network;
      8. there is an emergency; and/or
      9. to comply with legal requirements.
    3. Service Availability
      1. The Broadband Satellite Internet Service is only offered to Customers who are unable to obtain Satellite Internet Access from their existing telecommunications supplier using IPSTAR-compatible CPE installed at their premises. In completing an Application Form, You:
        1. warrant that You have the authority to transfer Your existing Satellite Internet Access service to IPSTAR;
        2. agree and acknowledge that You remain liable for all amounts owed to Your existing telecommunications supplier if payable by You as a result of Your transfer of the service and/or termination of any agreement with the existing supplier under Your agreement with that supplier;
        3. own CPE compatible with the Service and the IPSTAR satellite network or agree to purchase CPE from IPSTAR; and
        4. agree wholly and unconditionally to the terms and conditions of the Agreement.

Where Customers are using a temporary broadband satellite service supplied by IPSTAR, the above references to “existing telecommunications supplier” are references to the entity that supplied the Customer with satellite services via the CPE prior to IPSTAR supplying the Customer with the temporary service.

  1. IPSTAR will endeavour to connect the Service at the Customer’s premises, within 30 days of IPSTAR approving an Application Form. The Customer agrees to cooperate with IPSTAR so as to enable such connection and installation including via granting access to IPSTAR of the premises of the Customer at all or any times required by IPSTAR and during all such access and any subsequent access for maintenance or other purposes the Customer agrees to provide full, free and unfettered access to the CPE and the Customer’s premises and a suitable and safe working environment to IPSTAR, its representatives, agents, and installers.
  2. IPSTAR does not make any representations or warranties as to the quality of the Service.
  3. IPSTAR shall use its best endeavours to supply You with the Service 24 hours per day, 7 days per week but does not warrant the Service will be supplied on an uninterrupted basis.
  4. If the Service is unavailable for access by the Customer due to maintenance or malfunction, IPSTAR shall use its best endeavours to notify the Customer via any of the contact details specified by the Customer in the Application Form or via the MyIPSTAR Portal.
  5. 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.
  6. 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.
  7. 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 on providing notice in writing to the Customer.
  8. In the event of a Service outage or fault for which IPSTAR is responsible, IPSTAR will endeavour to restore the Service within 5 days if within 100 km round trip of IPSTAR’s designated repair depot, and 10 days if outside the 100 km round trip of IPSTAR’s designated repair depot. To speed up the repair process, IPSTAR reserves the right to require the Customer to return and transport indoor components of the CPE to IPSTAR if determined as necessary by IPSTAR in its absolute discretion.
  9. IPSTAR has no responsibility to provide any computer equipment, electricity connection or training in the use of the Service or CPE pursuant to this Agreement or at all.
  1. Use of the CPE and the Service
    1. The Customer agrees to comply with all guides, manuals, recommendations and directions pertaining to the access and use of the Service and CPE given to the Customer by IPSTAR from time to time including, but not limited to, those directions specified in the Acceptable Use Policy.
    2. The Customer warrants that in accessing and using the Service it will only use software that it is legally entitled to use and that such use will not be a breach of copyright.
    3. The Customer acknowledges 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 Service and IPSTAR shall not be held responsible in any way for any content or information accessed via the Service.
    4. IPSTAR disclaims all or any liability for any material on the Internet that the Customer finds offensive, upsetting, defamatory, personally offensive and in any way unsuitable for people under the age of eighteen (18). The Customer agrees to provide adult supervision of the use of the Service and CPE if used by people under the age of eighteen (18).
    5. The Customer will not act on or through the Service 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 Service 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.
    6. The Customer agrees to refrain from the bulk transmission of messages to unsuitable Internet users, service providers or newsgroups. The Customer agrees to refrain from the bulk transmission of unsolicited electronic mail.
    7. The Customer will not access, nor permit any other party to access, any Service for any purpose or activity of an illegal, fraudulent or defamatory nature.
    8. The Customer 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.
    9. The Customer will prepare and maintain sufficient and frequent back-up files and data storage capacity for the Customer’s data including electronic messages and the Customer understands IPSTAR shall not be responsible for the backup or retention of any electronic messages or other files of the Customer which may be stored on IPSTAR’s computer servers.
    10. The Customer may not resell or resupply the Service.
    11. The Customer may only access the Service using the CPE configured for connection to the Service by IPSTAR and only at the premises specified on the Application Form.
    12. Where You do not previously own CPE and wish to purchase CPE from IPSTAR, all title and risk in the purchased CPE shall pass to You upon expiry of a period of 30 days after installation of the CPE at the premises nominated by You subject to payment of all Charges by You.
    13. Any use of a Service by children must be monitored by an adult and such monitoring is the responsibility of the Customer.
  2. Charges
    1. The Customer shall pay the Charges according to the price payable for the Service selected by the Customer on the Application Form or as varied. Where a Service plan specifies a maximum monthly transmission limit (specified in gigabytes), the Customer must still pay the applicable monthly charge if the maximum monthly transmission limit is not reached and where the maximum monthly transmission limit is exceeded, any applicable excess usage charges. Any unused bandwidth in any month expires at the end of that month.
    2. The Charges must be paid in advance, without setoff, counterclaim or deduction, via credit card through direct debit, the MyIPSTAR Portal or via BPAY or Australia Post or via our IVR.
    3. If payment is to be made by credit card through the MyIPSTAR Portal and the credit card number expires or IPSTAR is otherwise not able to debit valid Charges to the credit card provided by the Customer, IPSTAR may charge an administration fee of $22.00 ($20.00 ex-gst).
    4. If the Customer disputes the whole or any portion of the amount claimed in an invoice submitted by IPSTAR, the Customer shall pay the entire amount stated in the invoice and shall notify IPSTAR in writing (within 7 days of receipt of the invoice) of the reasons for disputing the invoice. IPSTAR will, within 30 days of receiving such notification, notify the Customer of its decision regarding the dispute, which shall be final.
    5. The Customer shall pay IPSTAR a late fee payment of $15 ($13.64 ex-gst) on any amount invoiced and not paid by the Customer within 7 days of the time required by the Agreement and the late payment fee shall be payable on top of the amount invoiced by IPSTAR.  Further, if an invoice is not paid on time:
      1. for invoices 7 days overdue, the Customer’s connection to the IPSTAR network will be suspended;
      2. for invoices 14 days overdue, the Customer’s connection to the IPSTAR network and this Agreement will be terminated and may incur a termination fee; and
      3. a reconnection fee of $16.50 ($15.00 ex-gst) will apply to unsuspend a Service.
    6. 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 Services, unless specified otherwise. Without limiting the foregoing, the Customer shall be liable for any new taxes, duties or charges imposed subsequent to the date of this Agreement in respect of the Services.
    7. If a technician is required to attend your premises and there is no fault with the IPSTAR used infrastructure (or than of our network provider), then a tech call out fee of $165.00 ($150.00 ex-gst) will be applicable. In cases where a call out is due to standard installation/set up, then no charge is payable.
    8. IPSTAR shall notify the Customer of the Charges due each month in the form of a tax invoice via email or via the MyIPSTAR Portal. An invoice issued by IPSTAR shall be deemed to be correct and prima facie evidence of all connection, access, usage and other fees and Charges specified therein.
    9. The Charges are due and payable 14 days from the date of issue of an invoice by IPSTAR.
  3. Indemnity
    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 the negligence of the Customer, its agents, employees or subcontractors or of any other person for whose acts or omissions the Customer is vicariously liable.
    2. The Customer releases and indemnifies IPSTAR against any action, claim or demand by the Customer’s servants, employees, customers or agents or their personal representatives or dependants arising out of the performance of this Agreement and of any person who uses the Service.
  4. Implied terms
    1. Subject to subclause 2, any condition or warranty which would otherwise be implied in this Agreement is hereby excluded.
    2. Where legislation implies in this Agreement any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement. However, the liability of IPSTAR for any breach of such condition or warranty shall be limited, at the option of IPSTAR, to one or more of the following:
      1. if the breach relates to goods:
        1. the replacement of the goods or the supply of equivalent goods;
        2. the repair of such goods;
        3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        4. the payment of the cost of having the goods repaired; and
      2. if the breach relates to services:
        1. the supplying of the services again; or
        2. the payment of the cost of having the services supplied again.
      3. Liability of IPSTAR
        1. IPSTAR shall be under no liability to the Customer in respect of any loss or damage whatsoever (including financial or consequential loss or damage, or for loss of profits, loss of opportunity, business disruption or interruption, or loss of revenue) which may be suffered or incurred or which may arise directly or indirectly in respect of goods or services supplied pursuant to this Agreement or in respect of a failure or omission on the part of IPSTAR to supply the Service or comply with its obligations under this Agreement.
        2. Subject to subclause 3, the Customer warrants that it has not relied on any representation made by IPSTAR which has not been stated expressly in this Agreement nor has the Customer relied upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by IPSTAR and IPSTAR makes no representation as to the accuracy of the information provided therein.
        3. The Customer acknowledges that to the extent IPSTAR has made any representation which is not otherwise expressly stated in this Agreement, the Customer has been provided with an opportunity to independently verify the accuracy of that representation.
        4. The Customer shall at all times indemnify and hold harmless IPSTAR and its officers, employees and agents (“those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such loss or liability was caused by:
          1. a breach by the Customer of its obligations under this Agreement; or
          2. any wilful, unlawful or negligent act or omission of the Customer.
        5. Where any liability of IPSTAR is not otherwise excluded under this Agreement, IPSTAR’s maximum combined aggregate liability for all of its liability shall be limited, to the extent possible by law, at IPSTAR’s option, to the total sum of $100.
      4. Termination and Suspension
        1. Without limiting the generality of any other clause in this Agreement, IPSTAR may terminate this Agreement immediately by notice in writing if:
          1. it is demonstrated the Customer is in breach of any term of this Agreement (including, in relation to payment for the Services and care of CPE, or where the Customer is in breach of the Acceptable Use Policy) and such breach is not remedied within thirty (30) days of the Customer being notified of the breach by IPSTAR;
          2. the Customer becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of bankruptcy, winding up, administration, receivership, liquidation or other insolvency administration;
          3. the Customer, being a partnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving;
          4. the Customer, being a natural person, dies;
          5. the Customer ceases or threatens to cease conducting its business in the normal manner;
          6. if IPSTAR determines in its absolute discretion it is in its interests to do so due to technical reasons;
          7. IPSTAR are required to do so by order of a court or tribunal with jurisdiction; or
          8. a competition notice which affects the subject matter of this Agreement is issued by the Australian Competition and Consumer Commission.
        2. If notice is given to the Customer pursuant to subclause 1, IPSTAR may, in addition to terminating the Agreement:
          1. retain any moneys paid;
          2. charge a reasonable sum for services supplied in respect of which work no sum has been previously charged;
          3. be regarded as discharged from any further obligations under this Agreement; and
          4. pursue any additional or alternative remedies provided by law.
        3. Sub-contracts
          1. IPSTAR may sub-contract for the performance of this Agreement or any part of this Agreement.
          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 or installation or maintenance of CPE.
        4. Entire agreement
          1. This Agreement constitutes the entire agreement between the Parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.
        5. Assignment
          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.
          2. IPSTAR may assign or novate the whole or part of this Agreement to another party without the prior written consent of the Customer.
        6. Waiver
          1. No term of this Agreement shall be deemed to be waived except by notice in writing signed by each Party.
          2. A waiver made by IPSTAR pursuant by subclause 1 will not prejudice its rights in respect of any subsequent breach of the Agreement by the Customer.
          3. Subject to subclause 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.
        7. Severability
          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.
        8. IPSTAR’s rights
          1. Any express statement of the right of IPSTAR under this Agreement is without prejudice to any other right of IPSTAR expressly stated in this Agreement or existing at law.
        9. Survival of agreement
          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.
        10. Governing law
          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.
        11. Notices
          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.
          2. Notice will be deemed given:
            1. 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;
            2. in the case of posting by either Party, three days after despatch;
            3. 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;
            4. 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;
            5. where sent by email by IPSTAR to Customer, upon the email being confirmed as sent on IPSTAR’s email system;
            6. where sent to the Customer via the MyIPSTAR Portal, immediately.
          3. The address for service of notices on IPSTAR is:
            5 George Place
            Artarmon New South Wales 2064
          4. The address for service of notices on the Customer is the address specified by the Customer in the Application Form.
          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 web page will be deemed given immediately the redirection is activated by IPSTAR.
        12. Privacy and Security
          1. You acknowledge and agree that any personal information you provide to IPSTAR or submit over IPSTAR’s network is subject to our Privacy Policy and you consent to IPSTAR’s use of Your personal information in accordance with that Privacy Policy.
          2. The Customer is responsible for maintaining the secrecy and confidentiality of all identification and log-in information required by the Customer to access any Service.
          3. The Customer agrees 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.
          4. The Customer is liable for all fees and Charges resulting from use of the Service accessed through the Customer’s identification or log-in information, whether authorised by the Customer or not. Disclosure or loss of identification or log-in information that results in the incurring of fees or Charges or misuse of Service is the Customer’s responsibility and any such occurrences should be immediately communicated to IPSTAR.
        13. Minimum Term
          1. The minimum term of the Agreement is 12 months or unless agreed by IPSTAR otherwise.
          2. For early termination by the Customer, the Customer will be required to pay out the remainder of the Agreement (that is, the relevant monthly Charges multiplied by the number of months remaining in the 12-month term) or a $100 cancellation fee (whichever is cheaper).
          3. The Agreement rolls over on a month-to-month basis after expiry of the minimum 30-day term.
          4. After the expiry of the 30-day minimum term, the Agreement may be terminated by either party on providing 14 days’ notice.
        14. Variation
          1. IPSTAR may vary the Agreement at any time.
          2. In relation to variations that would cause detriment to Customers, the minimum period of notice to be given to Customers before the variations take effect is 21 days.
          3. In relation to variations that would not cause detriment to Customers, the minimum period of notice to be given to Customers before the variations take effect is 14 days.
          4. Customers will be informed of the variations via email and/or via the MyIPSTAR Customer Portal.
          5. An up-to-date copy of the Agreement may be obtained from the MyIPSTAR Customer Portal or from IPSTAR’s offices.
          6. If the Customer does not approve the variations, the Customer has the right to terminate the Agreement within 42 days of the date of the notice of variation without incurring charges, other than usage or network access charges to the date the Agreement ends and outstanding amounts for installation or for equipment compatible with IPSTAR’s services.
        15. Technical Support and Customer’s Rights
          1. Customers can lodge faults and complaints and seek customer support by telephoning IPSTAR on 1300 464 778– 6 days per week (Monday – Saturday) during normal business hours Australia-wide (free from a landline, but charged at standard mobile call rates if You call from a mobile). Should a customer be dissatisfied with the progress of a support call, the matter will be escalated to an IPSTAR Team Leader for final resolution.
          2. If You are not happy with our handling of a complaint, You can always contact the Telecommunications Industry Ombudsman (“TIO”) or the New South Wales Office of Fair Trading (or equivalent in your State or Territory).
          3. 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).
          4. The primary role of the New South Wales Office Office of Fair Trading (or equivalent in your State or Territory) is to manage consumer laws and to look after the rights of consumers.
          5. The Customer Service Guarantee (dealt with under Part 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999) does not apply to satellite services.

Schedule 1 – Broadband Satellite Internet Service

The Broadband Satellite Internet Service provides Customers with internet access via satellite dishes and other customer premises equipment. The service does not come with any service level guarantee and is subject to the terms and conditions of the Agreement. Customers are required to select from one of the following plans:

Plan Name DL Speed  UL Speed Plan Data 30 Day Contract ^ 12 Month Contract ^†
Ultimate 0.5 4096 2048 0.5 GB $14.95 N/A
Ultimate 1 4096 2048 1 GB $17.95 N/A
Ultimate 1.5 4096 2048 1.5 GB $23.95 $27.95
Ultimate 2 4096 2048 2 GB $28.95 $32.95
Ultimate 3 4096 2048 3 GB $38.95 $42.95
Ultimate 4 4096 2048 4 GB $49.95 $49.95
Ultimate 5 4096 2048 5 GB $60.95 $60.95
Ultimate 6 4096 2048 6 GB $70.95 $70.95
Ultimate 8 4096 2048 8 GB $92.95 $92.95
Ultimate 10 4096 2048 10 GB $114.95 $114.95
Ultimate 15 4096 2048 15 GB $167.95 $167.95

*  The above speeds are in kilobits per second and specify the maximum download speed/maximum upload speed applicable to the relevant service and depend on numerous factors such as customer location, weather and other variables and technical limitations. The data cap specifies the monthly download data transmission limit for the service and the price specifies the applicable GST-inclusive monthly Charges. IPSTAR reserves the right to shape the service to 64k/64k if the Customer exceeds the data cap.

† PLus Free Wirelesss Router, This offer is subject to product availability.

^ Including GST

Schedule 2 – MyIPSTAR Service

The following terms and conditions are applicable to this Service:

  1. The IPSTAR Portal (“MyIPSTAR Portal”) is a free Service that is provided with the Broadband Satellite Internet Service. It provides Customers with access to Secure Socket Layer (“SSL”) (1024 bit encryption) webpages (subject to the compatibility of Your web browser) within the IPSTAR Website where Customers can access their account information, email and other components of a Service on a “self-service” basis. Some of these components include the ability to pay for Services, monitor data usage and check email. The site also has troubleshooting and other information to help learn more about specific technical areas or to obtain “self-help”. It also serves as a channel to link users to IPSTAR’s more technical information, which may be of particular interest when troubleshooting.  IPSTAR may issue notices to Customers via the MyIPSTAR Portal from time to time.
  2. By accessing the MyIPSTAR Portal, Customers agree and acknowledge that they accept wholly and unconditionally the Agreement, including without limitation the IPSTAR Website Terms and Conditions available at http://www.ipstarsandbox2.wpengine.com/legal, the IPSTAR Privacy Policy available at http://www.ipstarsandbox2.wpengine.com/legal_articles/ipstar-australia-privacy-policy/and the terms and conditions contained in this Schedule, as amended.
  3. Importantly, Customers should check the MyIPSTAR Portal regularly for updates to the Agreement, and for important notifications released by IPSTAR concerning Services from time to time.
  4. Portal security
    1. The MyIPSTAR Portal is accessible using the username and password provided to the Customer at the time of commencement of the Service by browsing to http://www.ipstaraustralia.com/MyIPSTAR
    2. Technology and computers cannot safeguard information automatically. IPSTAR is not responsible for any loss or damage you suffer from breach of your security caused by misuse of your usernames and passwords. We recommend IPSTAR Customers using the MyIPSTAR Portal comply with the following security procedures:
      • Never disclose your portal password to anyone. IPSTAR staff do not need to ask you for your portal password.
      • Always log off correctly by selecting ‘Logout’ at the top of the screen.
      • Your user id and password are the keys to accessing the portal. You must access the portal using your own user id and password. Do not write down or disclose your password to anyone.
      • Change your password, or notify IPSTAR as soon as you suspect your password has been compromised.
      • Maintain control over the details you access from this portal if you save or print them after electronically accessing them.
      • Keep your computer software up-to-date, especially with security upgrades and patches. These are usually available from the company that made the software (example: microsoft.com)
      • Ensure that your antivirus software is current and running on your computer at all times.
      • Scan new programs/files for viruses before opening, running, installing or using them.
      • Ensure that you have anti intrusion software – commonly referred to as a ‘firewall’ – to provide added security around your information and protection from misuse of your identify.
      • Avoid opening, running, installing or using programs/files you have obtained from a person or organisation unless you are positive that you can trust them.
      • Select ‘Logout’ when you are finished using this portal. You should also logout if you leave your computer unattended – to avoid others accessing your account, and
      • Conduct Secure disposal practices such as cleansing of the hard disk on disposal of your computer.
    3. Upgrades of MyIPSTAR
      The MyIPSTAR Portal may be upgraded by IPSTAR from time to time without notice.
    4. Downtime of MyIPSTAR
      The MYIPSTAR Portal is not a guaranteed service and is subject to downtime due to planned and unplanned technical maintenance from time to time. If practicable, IPSTAR will endeavour to notify Customers of any planned maintenance to the MyIPSTAR Portal.
    5. Changing between Broadband Satellite Internet Service plans
      The MYIPSTAR Portal allows Customers to upgrade and downgrade between Broadband Satellite Internet Service plans. There is no fee associated with any such upgrades or downgrades, however any upgrade or downgrade shall only take effect from the commencement of the next billing cycle following the upgrade/downgrade.

Schedule 3 – Email Service

IPSTAR offers a free email service that is provided with each Broadband Satellite Internet Service sold. The following terms and conditions apply to this Service.

  1. Email is the electronic equivalent of a postcard. Anyone can read its contents along the delivery path. Sensitive, confidential, or proprietary information may be sent to users who have access to or who receive your emails.
  2. IPSTAR accepts no responsibility for any data whatsoever that may be transferred to or from a Customer’s email account and in using this Service the Customer agrees and acknowledges that due to the nature of the email system it is highly susceptible to Spam, viruses, interception by third parties and the transmission of illegal and inappropriate materials.
  3. Email that has been found to be infected with a virus, worm, Trojan Horse, or contains another executable item could pose a threat to your computer security and we recommend that you run anti-virus protection to minimize the impact of any such threats.
  4. By accessing the Email Service, Customers agree and acknowledge that they accept wholly and unconditionally the Agreement, including without limitation the IPSTAR Website Terms and Conditions available at http://www.ipstarsandbox2.wpengine.com/legal/, the IPSTAR Privacy Policy available at http://www.ipstarsandbox2.wpengine.com/legal_articles/ipstar-australia-privacy-policy/and the terms and conditions contained in this Schedule, as amended.
  5. The Service is available via the following means:
    1. Webmail, accessible at https://www.ipstarmail.com.au;
    2. POP3: Supported POP3 clients include MS Outlook, Internet Explorer, Netscape Messenger or Communicator, Eudora, Pegasus, NuPOP, Z-Mail, and UNIX mail. Enable SSL : port 995 (encrypted connections).
    3. IMAP4 lets users access remote messages stored on the mail server as if they were local. Users can read, move, delete mail, and create mailboxes on the server system. Since messages reside on the server, users can access their mailboxes from multiple machines. Enable SSL : port 993 (encrypted connections).
    4. The SMTP service processes all incoming and outgoing messages. Outgoing mail is spooled until the SMTP server can confirm it has arrived at its destination. Incoming mail is spooled until users access it using POP3 or IMAP client. Spooling allows the transfer from client and server to occur in the background. Enable SSL : port 465 (encrypted connections)
  6. There are a maximum of 3 email accounts associated with each Broadband Satellite Internet Service in the format: @ipstarmail.com.au
  7. The first user account is the account that IPSTAR will send updates and notifications to and this is known as the primary account holder email account. This account is established at the commencement of the Broadband Satellite Internet Service and cannot be deleted.
  8. The other two accounts are known as secondary email accounts and can be created using the MyIPSTAR Portal as part of the self service option available to users. These two accounts can be deleted however, and secondary email accounts can only be replaced up to 3 times per Customer.
  9. Note well: deleting secondary email accounts will delete all emails associated with those accounts and in such circumstances IPSTAR cannot restore emails.
  10. Each email account can only hold a maximum to 20Megabytes of email at any one time. It is up to the user to manage the size of the account. The user will get an email warning when the size of the email account is or exceeds 90% of total capacity. Once the capacity is reached the mailbox will not accept new mail and the sender will recieve an email notification explaining that the account holder’s Inbox is full.
  11. Note well: IPSTAR does not back up emails and accepts no responsibility for any loss of email. Backup is Customers’ responsibility.
  12. The maximum Outbound Message Size is 10 Megabytes. Any message that is larger than that size will be bounced.
  13. The maximum Inbound Message Size is 10 Megabytes. Messages that exceed this size are returned to the sender.
  14. Allowed Login Attempts Before Account Lockout: 5 times (Allows the user login attempts before displaying: “You have exceeded the maximum number of allowed login attempts. Please try again later.”)
  15. Allowed Lockouts before Account Suspension: 3 times (Allows the user of the above message before being suspended and requiring an Administrator intervention, with the message: “Due to multiple failed login attempts, your account access has been suspended.”)
  16. Our Email Service also provides Web Calendaring capabilities that allows Customers to schedule tasks, record notes, set appointments, and receive email reminders that contain the date, time, and description of the appointment. They can also send email requests to other people to invite them to scheduled appointments. Supports Microsoft Internet Explorer version 6.0 or higher.

SCHEDULE 4 – IPSTAR Home Phone (Public Switched Telephone Network)

  1. Application of the Schedule
  1. This Schedule 4 applies if you have requested in your Application that we supply you with Voice Services and sets out the terms and conditions on which we will supply you with Voice Services.
  1. To the extent relevant, the Terms and Conditions apply to the Voice Services as though specified in full in this Schedule A and such terms or part of such terms will be relevant except to the extent they relate to any services or product other than voice services.
  2. Voice Services consist of telecommunications services specified in your Application, including Local Calls, National Calls, International Calls, Fixed to Mobile Calls, Data Calls, 13 Calls, 1300 Calls and 1800 Calls, ToIP, VoIP, and other call types specified from time to time.
  3. Service number portability
  1. Subject to Services Contract Clause 9 and 20, provided that your Service Number is capable of being transferred, you may transfer it from your current Supplier to us if that Service Number is declared portable under the Numbering Plan and no exemption has been granted by the ACMA.
  1. Subject to Services Contract Clause 9 and 20, by signing the Service Number Portability Customer Authorisation (“LNP Authorisation”) which forms part of your Application, you acknowledge and agree:
    1. to your current Supplier transferring to us your Service Number;
    1. that we are only transferring your Service Number not your Voice Service. This means you may lose value added services and other features provided by your current Supplier. When you are connected to the Voice Services you will use the Voice Services specified in your Application, which may be different to the service and features that you had with your current Supplier;
  1. that by transferring your Service Number, the service and/or any features associated with that Service Number may be disconnected by your current Supplier and result in finalisation of your account for those services;
  2. that there may be costs and obligations associated with transferring your Service Number away from your current Supplier. You may have an ongoing contract with your current Supplier which requires the payment of cancellation and/or termination fees to your current Supplier if you transfer to us;
  3. that your current Supplier may or may not disconnect your existing service and/or value added services;
  4. if you are transferring between different voice service platforms, you may need to purchase certain software, modems, new handset and/or Voice Equipment;
  5. that you may need to purchase approved Voice Equipment to access the Voice Service;
  6. that you can only withdraw your authority to transfer prior to the port cutover notification being received by us from your current Supplier. Withdrawing your LNP Authorisation does not change your contractual obligations to us under your Application and this SFOA;
  7. that we do not warrant that we can transfer your Service Number from your current Supplier. Your current Supplier may reject the request to transfer the Service Number, if the information you provide is incorrect or does not match the data held by your current Supplier. In this case, we reserve the right and you authorise us to correct the information and resubmit the request to transfer the Service Number or dispute the rejection with your current Supplier;
  8. that if your Service Number cannot be transferred to us then you may accept a new Service Number from us;
  9. that your authorisation to transfer your Service Number to the Voice Services is valid for 90 days from the date of the LNP Authorisation;
  1. that in the event of a withdrawal or reversal to your current Supplier, we:
    1. are not responsible for any period of outage of the service or features or your current service or any value added service provided by your current Supplier;
    2. do not warrant that your Service Number will be transferred to us within any specified timeframe; and
    3. to the extent permitted by law, including statutory warranties that apply under the Trade Practices Act, are not liable to you or any person claiming through you for any damage, loss, costs or expenses or other liability in contract, tort, or otherwise direct or indirect, for or in relation to the transfer of the Service Number(s), withdrawal or reversal, including a negligent act or omission by us;
  2. that if you wish to transfer your Service Number from us to another Supplier then you must contact that other Supplier to implement the transfer; and
  3. that we reserve the right to charge for transferring your Service Number to and from us.
  4. Provision of voice services
  1. We will provide the Voice Services to you, as specified in your Application, when your accounts are transferred from your current Supplier to us and upon (the later of) completion of installation of any necessary equipment and any other arrangements with another Supplier for the provision of the Voice Services have been completed or when your account with us has been established.
  1. If you fail to nominate the required Voice Services option in your Application, we will assume you wish to select us as your full service telecommunications provider.
  2. We will provide you with the relevant Voice Services, unless you dial another override code or, if required for access, you dial our override code as notified to you from time to time.
  3. We will provide the Voice Services using such of our facilities and services or those of other Suppliers as we may determine from time to time.
  4. We will provide the required Voice Services subject to availability, geographical and technical capability. There may also be times when availability is limited due to maintenance being performed. We are not obliged to provide you with Voice Services where capacity, geography, or technical capability, affect the application or installation of the Service to your premises. We do not warrant that the Voice Services will be free of interruption, delays, or fault.
  5. To the extent we provide you with a standard telephone service (as defined in the Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth) (“CSG”). This code is available at http://www.acma.gov.au/WEB/STANDARD/pc=PC_1668. Certain specified enhanced call handling features, we may be obliged to comply with the CSG, you acknowledge and agree:
    1. The CSG sets performance standards for service connection times, fault repair times and keeping appointments to provide you with these services. The CSG does not apply to customer equipment (including Equipment) or to customers who have more than five telephone lines;
    2. Where you have nominated in your Application to waive (where applicable to the Voice Services nominated in your Application) in whole or part your CSG rights in relation to certain Voice Services that we are not obliged to provide you with the CSG.
    3. Where applicable, if we fail to meet CSG performance standards you may be entitled to specified monetary compensation. Our CSG policy is available on our website
    4. You acknowledge that we reserve the right to Bar access to 1900 numbers, data calls, internet service providers and any other calls deemed as usually high volume or usage, or you level of liability for charges of such usage or in a fair use policy or as we deem necessary from time to time. If you wish to Bar access to premium rate services from your Voice Service, please contact us.
  6. If you are on a Minimum Term Contract:
    1. the fixed minimum term of your Minimum Term Contract specified in your Application commences on the date that you sign your Application;
    2. for the fixed term of your Minimum Term Contract you agree:
    3. to maintain us as your carrier for, as a minimum, the voice services; and
    4. you agree to give us reasonable notice in advance of any significant changes in your telecommunications requirements so that we can plan for these changes; and
    5. you acknowledge that the pricing available to you under the SFOA is subject to you maintaining us as your carrier for, as a minimum, the voice services.
  7. Voice service charges
  1. The charges applicable to the Voice Services are specified in the Rate Sheets and your Application.
  1. We may vary any of the charges applicable to the Voice Services in accordance with clause 6.
  2. Provision of voice services related equipment
  1. For the avoidance of doubt, this clause applies to any equipment provided by us that is Purchase Equipment, Mobile Equipment, Mobile Services Related Equipment and is not Data & Internet Services Related Equipment and may include equipment supplied by a Supplier.
  1. If you purchase any Voice Services Related Equipment from us, risk in the equipment passes to you on delivery to the delivery address you nominate in your Application.
  2. You are responsible for maintaining any Voice Services Related Equipment supplied by us or a Supplier. You indemnify us or the Supplier against any loss or damage to the Voice Services Related Equipment unless it is due to fair wear and tear.
  3. You will ensure that any Voice Services Related Equipment supplied to you or facilities and connections used in providing the Voice Services, are not altered, maintained, repaired or connected to or disconnected from any power source or line except by a person approved by us.
  4. We, or a person approved by us, or our Supplier may require access to your premises from time to time in connection with the provision, inspection and maintenance of Voice Services Related Equipment or Voice Services, including the installation, replacement or modification of necessary telecommunications connection, facilities, wiring or cabling in order for you to receive the Voice Services. If you do not own the premises, you must obtain the owner’s permission for access and warrant to us that you have such permission. You indemnify us, or any contractor, agent or representative approved by us, and our Supplier against a claim by the owner of the premises in relation to such entry on the premises. If you do not provide access as we reasonably request, which must be during Business Hours, we may limit, suspend or cancel the Voice Services. We reserve the right to charge you, at our standard rates, should we, or our Suppliers, not be able to access your premises at the agreed appointment time (regional services will attract an additional charge).
  5. Fault reporting
  1. We will provide a 6 day (Monday – Saturday) fault reporting service. You should notify any faults regarding your Voice Services to our faults team, or the contact number for which is located on your invoice at our website
  1. Actions:
    1. We are responsible for correcting faults in supplying the Voice Services. You must provide all necessary assistance to enable us to locate and repair any fault which is our responsibility.
    2. We are not responsible for any fault which is on your side of the network termination point, except in relation to Purchase Equipment, or Other Equipment that we are maintaining
    3. We are not responsible for any fault which is within the network of a Supplier. However, we will notify that Supplier of the fault and request that the fault be corrected promptly.
  2. Service Levels
  1. There may be Service Levels applicable to the Voice Services you have chosen in your Application. If Service Levels are applicable, then these are as referred to in your Application and/or as provided to you after you sign your Application or otherwise as varied by us and notified to you from time to time. Details of such Service Levels may also be provided on our website
  1. We are committed to upholding the Telecommunications (Customer Service Guarantee) Standard 2000 (No. 2) issued by the Australian Communications and Media Authority ( CSG Standard ) for eligible voice services. Please refer to our Customer Service Guarantee Policy Document available through our website.
  2. Termination
  1. The services described in this Part of the SFOA may be terminated in accordance with clause 144.
  1. Definitions
  1. In this Schedule A, unless the context requires otherwise:
  1. 13 Calls means the relevant 13 inbound services provided to you by us.
  2. 1300 Calls means the relevant 1300 inbound services provided to you by us.
  3. 1800 Calls means the relevant 1800 inbound services provided to you by us.
  4. Data Calls means a call enabling carriage of voice, data, text or image by means of digital data.
  5. Eligible Calls for Voice Services are Local Calls (voice not data), National Calls (voice not data), International Calls (voice not data), Fixed to Mobile Calls (voice not data), 13, 1300, 1800 Inbound Services. For clarity, they do not include PSTN Data Calls, calls to 13, 1300, 1345, calls to international mobiles, calls to time and weather and or any other call type not specifically identified as being an Eligible Call (including where so identified under a Rate Sheet).
  6. Fixed to Mobile Calls means calls made from a PSTN or ISDN telephone service to a cellular public mobile telecommunications service provided in Australia.
  7. International Calls means a call made from a PSTN or ISDN telephone service from Australia to another country; from Australia (excluding Norfolk Island) to Norfolk Island; from Norfolk Island to the rest of Australia; or from Australia’s bases in the Antarctic to Australia and other countries.
  8. Local Calls means a call between a telephone service and a telephone service where: the A-Party and the B-Party are in the same Standard Charging Zone; the A-Party and the B-Party are in adjoining Standard Charging Zones; or either the A-Party or the B-Party is located in a Charging Precinct and the other is in its designated Standard Charging Zone, as defined in the Act, the Numbering Plan, and the Telstra PSTN SFOA.
  9. Long Distance Preselection Option means that we will be your default provider for your International Calls, National Calls and Fixed to Mobile Calls.
  10. National Calls means a call made within Australia from a PSTN or ISDN telephone service to a PSTN or ISDN telephone service, which is not a Local Call or a Fixed to Mobile Call.
  11. Package means the service plus an additional service, sold together as a package.
  12. ToIP means Telephony over internet protocol as specified in your Application.
  13. VoIP means Voice over internet protocol as specified in your Application.
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