IPSTAR Australia Pty Limited
Standard Form of Agreement
NBN Co Limited Long Term Satellite Service (LTSS) and Schedules
(Residential Use Only)
Version 3.0 – April 2018

Introduction:

IPSTAR Australia Pty Limited [ACN 107338901] (“IPSTAR”, “our”, “we”, “us”) has prepared a Standard Form of Agreement (“Agreement”) for the purposes of section 479 of the Telecommunications Act 1997 (Cth) (the “Act”) and for the purposes of the Telecommunications Consumer Protections (TCP) Code. 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, the IPSTAR Privacy Policy, the IPSTAR Complaints Handling Policy, The IPSTAR Return Materials Authorisation (RMA) Policy and the IPSTAR Credit Management & Financial Hardship Policy. Please read this Agreement carefully before submitting any Application Form to us for any Service. Please note meanings given to capitalised terms in this Agreement, as well as interpretation provisions of this Agreement can be found in clauses 27 and 36 of this document. In accordance with IPSTAR’s requirements under the Act, copies of the Agreement are available to the public from our business premises at 154 Pacific Highway, St Leonards, New South Wales 2065. The Agreement is also available online at http://ipstarsandbox2.wpengine.com/legal/

Important Notes:

Terms and Conditions:

1. 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 Equifax 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.

Please view our Privacy Policy and the Application Form for more information about the credit approval process conducted by IPSTAR.

2. 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:

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:

2.3 By submitting an Application Form to IPSTAR, You agree that, if IPSTAR approves Your Application Form:

2.4 In submitting an Application Form, You also:

3. 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:

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.

4.  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 best effort 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 4. 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:

5. 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:

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:

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:

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:

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:

5.20 If You fail to comply with clause 5.19:

6. Charges

6.1 You shall pay the Charges according to the price payable for the Services selected (the Subscription) 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. Refer to our Complaints Handling Policy.

6.3 There are aspects of invoicing that You should consider:

6.4 There are a number of additional charges that you should consider:

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 accessible via the MyIPSTAR Portal. IPSTAR will ensure that it provides, and is able to verify and demonstrate, billing accuracy.

7.  Security Deposit and Spend Limits

7.1 We may from time to time set a dollar limit for the amount we will allow you to spend on the Services or the Package during a month (“spend limit”). The spend limit is only a guideline for our credit management action, which may be varied depending on the amount by which you have exceeded your spend limit, and may include the following:

7.2 We may also monitor your Service for excessive or unusual usage or your level of liability for charges for such usage, but do not promise to do so. You acknowledge and agree that in addition to our rights under clause 14 we can suspend, cancel or Bar your Service upon reasonable verbal or written notice to you (including transmitting the notice to your email address) if we have reasonable grounds for believing that you represent a credit risk in relation to the Service, including:

7.3 Where the Services are being used in an excessive or unusual way or an unusually high volume or spend for the relevant Service when compared with previous account activity for that Service. For example, there may be excessive or unusual use if you have a call that remains connected for an unusually long period of time or where an unusually large volume of calls to premium-rate or international services start being made from your Service.

7.4 We will not be responsible for any equipment tampering or service fraud. Should you have any questions in relation to steps which may be taken to reduce the potential risk of fraud in relation to a Service or telecommunications equipment, please contact us and we will endeavour to provide such information or direct you to an appropriate source of information.

8.  Service numbers, CLI and IPND

8.1 You acknowledge that:

8.2 Caller Line Identification (“CLI”):

8.3 We, like other Suppliers, are required by law to provide your name, address, Service Number and other public number customer details to a database known as the ÍPND. This applies to all customers, including unlisted customers. However, unlisted service information is marked and controlled in the IPND so that it is only provided for an approved purpose to those approved data users such as directory information organisations or for the assistance of emergency service organisations or law enforcement agencies. You must contact us if you wish to have your IPND data altered in any way.

9.  Transfer of your service to Us.

9.1 If in providing the Services or the Package we need to change your arrangements with your current Supplier, then we will do so in accordance with this clause.

9.2 Transferring to us:

9.3 If your previous Supplier credits us with any amount concerning services provided to you before the date of transfer, we will credit that amount to your account.

9.4 If your previous Supplier raises with us a proper charge relating to a service it provided to you before the commencement of Services we will advise you accordingly and you must pay your previous Supplier that amount.

10. Transfer of your services from us to another supplier

10.1 If you (or a Supplier acting with your authority) ask us to transfer any of the Services to another Supplier, then you remain liable to us for any amount payable in relation to the supply of the Services up to the date on which we transfer those services to another Supplier. You will immediately pay us that amount on receipt of our invoice.

10.2 The provision of Services ceases on the date on which we transfer your Services to another Supplier.

10.3 We will endeavour to invoice you for Services which you transfer to another Supplier and in relation to which you have incurred charges, within the next normal billing period. If after that we become aware of other proper charges (including fees payable to any other Supplier) for those Services up to the date of transfer, or we resolve any dispute so that any liability relating to those Services is quantified, then you will immediately pay us all such amounts on receipt of our invoice.

10.4 We will not accept liability for any amounts owing by you to a Supplier or other person. You indemnify us against any claim made by a Supplier or other person against us in relation to any such amounts.

10.5 We will credit you with any amount credited to us by another Supplier for those Services provided up to the date of transfer

11. Indemnity

12. Implied terms

12.1 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:

  1. the payment of the cost of having the goods repaired; and

13. Exclusions and limitations of liability

13.1 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.

13.2 IPSTAR shall not be liable to You in respect of:

13.3 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:

14. Termination and Suspension

14.1 IPSTAR will provide 5 business days notice of suspension or disconnection of a Service.

14.2 Without limiting the generality of any other clause in this Agreement, IPSTAR may terminate this Agreement immediately by notice in writing if:

14.3 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:

14.4 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.

14.5 Without limiting any other provision of this clause 14, 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.

14.6 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:

14.7 In the case of a suspension under clause 14.6(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.

14.8 In a case of a suspension under clause 14.6(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.

14.9 In the case of any suspension under clause 14.6 lasting more than 30 days, IPSTAR may terminate this Agreement.

15. Sub-contracts

15.1 IPSTAR may sub-contract for the performance of this Agreement or any part of this Agreement.

15.2 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.

16. Assignment

16.1 The Customer shall not assign or novate the whole or part of this Agreement to another party without the prior written consent of IPSTAR.

16.2 IPSTAR may assign or novate the whole or part of this Agreement to another party without the prior written consent of the Customer.

17. Waiver

17.1 No term of this Agreement, shall be deemed to be waived except by notice in writing signed by each Party.

17.2 A waiver made by IPSTAR pursuant by clause 17.1 will not prejudice its rights in respect of any subsequent breach of the Agreement by the Customer.

17.3 Subject to clause 17.1, 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.

18. Severability

18.1 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.

19. Rights of each Party

19.1 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.

20. Survival of agreement

20.1 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.

21. Governing law

21.1 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.

22. Notices

22.1 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.

22.2 Notice will be deemed given:

22.3 The physical address for service of notices on IPSTAR is:

Attn: Retail Manager

IPSTAR AUSTRALIA PTY LTD

154 Pacific Highway

St Leonards, New South Wales 2065

22.4 The address for service of notices on the Customer is the address specified by the Customer in the Application Form.

22.5 If IPSTAR shapes, suspends or disconnects a Service, IPSTAR may notify the Customer in accordance with this clause 22 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.

22.6 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:

22.7 The Customer may in respect of the notifications referred to in clause 22.6:

22.8 The Customer may access usage information via the MyIPSTAR Portal. The Customer acknowledges that the usage information may be 48 hours old.

23. Privacy and Security

23.1 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. You authorise IPSTAR to disclose that personal information to our third party suppliers, credit reporting agencies, contractors and agents, to the extent reasonably required for us to exercise our rights or perform our obligations under this Agreement.

23.2 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.

23.3 You are responsible for maintaining the secrecy and confidentiality of all identification and log-in information required by You to access any Service.

23.4 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 your Account or any Service of IPSTAR.

23.5 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.

24. Minimum Term and Your Right to Terminate the Agreement

24.1 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.

24.2 For early termination by the Customer, the Customer will be required to pay an early termination fee outlined in the section 6 Charges of this SFoA.

24.3 The Agreement rolls over on a month-to-month basis after expiry of the minimum term.

24.4 After the expiry of the minimum term, the Agreement may be terminated by either party on providing Thirty (30) days notice.

24.5 Notwithstanding the above provisions of this clause 24, You may terminate this Agreement during the minimum term if:

25. Consequences of Termination

25.1 This clause 25 applies if this Agreement expires or is terminated, or if a particular Service is cancelled or no longer supplied.

25.2 From the effective date of cancellation and/or expiry, termination or discontinuance of supply of any Service:

25.3 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.

25.4 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.

25.5 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.

25.6 IPSTAR may vary the Agreement at any time subject to the following provisions:

25.7 An up-to-date copy of the Agreement, may be obtained from the MyIPSTAR Portal or from IPSTAR’s business premises or at http://ipstarsandbox2.wpengine.com/legal/

26. Technical Support and Customer’s Rights

26.1 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 operating hours Australia-wide, https://ipstarbroadband.com.au/get-in-touch/ . 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.

26.2 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.

26.3 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.

26.4 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).

26.5 The primary role of New South Wales Fair Trading is to manage consumer laws and to look after the rights of consumers.

26.6 In accordance with the unfair contract terms provision in the Australian Consumer Law and in the Telecommunications Protections Code.

26.7 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.

27. Definitions and Interpretation

27.1 In this Agreement:

27.2 Interpretation

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

28. Application of the Schedule

28.1 This Schedule A 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.

28.2 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.

28.3 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.

29. Service number portability

29.1 Subject to Clause 24, 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.

29.2 Subject to Clause 24, by signing the Service Number Portability Customer Authorisation (“LNP Authorisation”) which forms part of your Application, you acknowledge and agree:

29.3 that in the event of a withdrawal or reversal to your current Supplier, we:

30. Provision of voice services

30.1 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.

30.2 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.

30.3 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.

30.4 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.

30.5 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.

30.6 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:

30.7 If you are on a Minimum Term Contract:

31. Voice service charges

31.1 The charges applicable to the Voice Services are specified in the Rate Sheets and your Application.

31.2 We may vary any of the charges applicable to the Voice Services in accordance with clause 25.6.

32. Provision of voice services related equipment

32.1 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.

32.2 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.

32.3 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.

32.4 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.

32.5 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).

33. Fault reporting

33.1 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

33.2 Actions:

34. Service Levels

34.1 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

34.2 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.

35. Termination

35.1 The services described in this Part of the SFOA may be terminated in accordance with clause 144.

36. Definitions

36.1 In this Schedule A, unless the context requires otherwise:

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