Summary of Standard Form of Agreement Version 3 – nbn® Fixed Line and nbn® Fixed Wireless – IPSTAR

IPSTAR Australia Pty Limited Summary of Standard Form of Agreement –

NBN Co Limited Fibre and Fixed Wirless Service

(Residential Use Only)

Version 3.0 – July 2018

 

IPSTAR Australia Pty Limited [ACN 107338901] (“IPSTAR”) may offer to supply Internet Services and ancillary products and services directly to certain qualifying end users for a minimum contract period on the terms and conditions set out in the IPSTAR Australia Pty Ltd Standard Form of Agreement – NBN Co Limited (nbn) Fibre and Fixed Wireless (the “Agreement”). This document is a summary of the Agreement. It does not include details about all aspects of the Services offered by IPSTAR under the Agreement. It is very general and should not be relied on as a substitute for reading the Agreement. The Agreement is made up of the terms and conditions contained in the Standard Form of Agreement (and its schedules), an approved Application Form, the IPSTAR Acceptable Use Policy, the IPSTAR Privacy Policy, the IPSTAR Complaints Handling Policy and the IPSTAR Credit Management & Financial Hardship Policy. The Agreement is available at IPSTAR’s offices at 154 Pacific Highway St Leonards New South Wales 2065, via the MyIPSTAR Portal and via our website at https://ipstarbroadband.com.au/legal/

What Services does IPSTAR offer under the Agreement?

The primary Service offered by IPSTAR under the Agreement is a Internet Access service (the “Internet Service”). Each Internet Service offered is subject to a maximum speed, a set maximum download limit, and a monthly fee. The secondary Service Offered by IPSTAR is a Home Phone Service (Public Switched Telephone Network). Each Home Phone Service offered is only available as a bundle with the Internet Service and subject to network availability and usage polices as set out in the Agreement.

The Internet Service can be managed by You via IPSTAR’s “self service” customer portal known as “MyIPSTAR Portal”, which allows qualifying end users to self-manage parts of the Internet Service such as email addresses, payment options and allows upgrading and downgrading between Service plans.

The plans are available on our website at https://ipstarbroadband.com.au

In each of the plans, the speed of the Internet Service is selected by you however your speed might vary due to several factors such as location, weather and other technical limitations. There is no extra charge for excess data. However, if you exceed your data allowance the maximum speed will be shaped to 128 kbps (for both uploads and downloads). The speeds referred to in the plans 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 is expressed in gigabytes. The data cap specifies the monthly data transmission limit for the service and the monthly fee specifies the applicable GST-inclusive monthly Charges. IPSTAR reserves the right to shape the service to 128k/128k if the Customer exceeds the data cap. Please also note that the data allocation is specified is based on both download and upload usage.

Who is eligible for the Services?

The Services are available for residential use only.

The Services supplied by IPSTAR under the Agreement have not been designed and do not support the supply of internet access on any basis other than for a limited period as provided by the Agreement. The Services are reliant, among other things, on an internet access service supplied to IPSTAR by nbn. Further, there is no guarantee that the Services can be supplied to You. The Services are only available for supply to premises within the footprint that is defined by nbn for the Internet Service.  See the address checker at https://ipstarbroadband.com.au/.

All applications for the Services are also subject to you meeting our credit criteria.

Who owns and installs the CPE?

nbn owns the Internet Service CPE. Ownership of the Internet Service CPE remains with nbn at all times.

What other charges apply and how may customers pay?

• Invoices will be issued in advance, once per month via email and/or via the MyIPSTAR Portal;

• Invoices can be paid by BPAY, Australia Post, Direct Debit or credit card online via the MyIPSTAR Portal;
• If payment is made by direct debit and the payment amount is unable to withdrawn for any reason (except due to an error or failure caused by IPSTAR or IPSTAR’s bank), IPSTAR may charge an administration fee of $22 (inc gst).Invoices are due and payable fourteen (14) days from the date of issue. The Charges will be treated as being received by IPSTAR when the payment is credited to IPSTAR’s nominated bank account
• If an invoice is not paid on time:

• a late payment charge of $15.00 (inc gst) will apply for invoices overdue by more than seven (7) days;
• for invoices fourteen (7) days overdue, the Customer’s connection to the Internet Service will be suspended (and a reconnection fee of $16.50 (inc gst) will be payable to unsuspend the Service.
• for invoices twenty-one (14) days overdue, the Customer’s connection to the Internet Service will be terminated and an early termination fee will apply.
• There is no set up or activation charge for install.
• If You are not available to grant access to the premises to nbn or its installers at the pre-arranged time, a missed appointment charge of $150.00 (excl gst) fee will be payable in order to re-book the installation.
• If a technician is required to attend a Your premises and there is no fault with the IPSTAR used infrastructure (or that of our network provider), then a tech call out fee of $165 (inc GST) will be applicable. In cases where a call out is due to standard installation/set up, then no charge is payable.
• If Your data needs change within Your contract period. A Data Downgrade fee of $16.50 (inc gst) will be charged and a change request to your plan will take effect from the first day of the NEXT billing period. Your existing contract period will remain unchanged.
• If Your speed needs change within Your contract period. A Speed Downgrade fee of $16.50 (inc gst) will be charged and a change request to your speed will take effect from the first day of the NEXT billing period. Your existing contract period will remain unchanged.
• If You move house during Your contract period, a relocation fee of $55 (inc gst) will be charged. The contract will remain unchanged. No additional set up fee will apply.
• If You decide to return a Modem that you purchased and has been sent to You, a Modem Return fee will be charged. The modem must be suitable for resale or it will not be accepted. RMA policies must be followed. Please contact IPSTAR.

Minimum term, termination and related provisions of the Agreement

• The minimum term of the Agreement is stated as selected by You on the approved Application Form.
• If You terminate your contract early an Early Termination Fee will apply. The charge will depend on your contract value. If you sign up for a 1-month contract term, there will be no early termination fee providing you give us 1 month written notice in advance. If you wish to terminate a 12-month or 24-month contract the early termination fee will be based on paying the remaining months on your contract (months X plan subscription), or will be based on the number of months remaining in your contract. If you have less than 12 months remaining on Your contract then $165 (inc GST) is payable, If you have between 12 and 24 months remaining on Your contract then $275 (inc GST) is payable. You will be charged whichever is the lesser amount.
• The Agreement rolls over on a month-to-month basis after expiry of the minimum term.
• IPSTAR can terminate the Agreement if a Customer fails to pay the applicable monthly fees and for other breaches of the Agreement by the Customer. For example, IPSTAR may terminate the Agreement if the Customer is in breach of the IPSTAR Acceptable Use Policy. There are a range of circumstances entitling IPSTAR to terminate the Agreement.
• After the expiry of the minimum term, the Agreement may be terminated by either party on providing Thirty (30) days’ notice.
• In certain circumstances, IPSTAR may suspend a Service.

Variations to the Agreement

• IPSTAR may vary the Agreement at any time.
• 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 twenty one (21) days;
• 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 fourteen (14) days;
• Customers will be informed of the variations via email and/or via the MyIPSTAR Portal;
• An up-to-date copy of the Agreement, may be obtained from the MyIPSTAR Portal or from IPSTAR’s offices.
• If a Customer does not approve the variations, the Customer has the right to terminate the Agreement within Forty-two (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.

Important Customer Information: Your Rights and Obligations

• Customers can lodge faults and complaints and seek customer support by telephoning IPSTAR on 1300 464 778 six (6) days per week (Monday – Saturday) during normal business hours Australia-wide (local call rates apply; charged at standard mobile call rates if you call from a mobile). Should a customer be unsatisfied with the progress of a support call, the matter will be escalated to an IPSTAR Team Leader for final resolution.
• If you are not happy with our handling of a complaint, you can always contact the Telecommunications Industry Ombudsman (“TIO”) or New South Wales Fair Trading (or equivalent in your State or Territory).
• The TIO is a free and independent alternative dispute resolution scheme for small business and residential consumers in Australia with unresolved complaints about their telephone or internet services and can be contacted by telephone on 1800 062 058 – Monday to Friday between 9am and 5pm Australian Eastern Standard Time (Free from a landline, but charged at standard mobile call rates if you call from a mobile).
• The primary role of New South Wales Fair Trading is to manage consumer laws and to look after the rights of consumers.
• In accordance with the unfair contract terms provision in the Australian Consumer Law:
• IPSTAR will not indefinitely suspend all parts of any service because of IPSTAR’s error or failure, or charge you a reconnection fee for a suspension caused by IPSTAR’s error or failure;
• You will not be required to pay a fee for a breach of the Agreement where the fee in inconsistent with the unfair contract provisions in the Australian Consumer Law; and
• IPSTAR will not unilaterally amend the Agreement, the characteristics of any goods or services under this Agreement, or the price for them, during the term of the Agreement in circumstances which would be inconsistent with the unfair contract provisions set out in the Australian Consumer Law.