IPSTAR Australia Pty Limited Summary Standard Form of Agreement –

NBN Co Limited Fixed Line and Fixed Wireless Internet Services

(Residential Use Only)

Version 2.0 – August 2017

 

IPSTAR Australia Pty Limited [ACN 107338901] (“IPSTAR”) may offer to supply Fixed Line and Fixed Wireless 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 – Fixed Line and Fixed Wireless Services (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 5 George Place, Artarmon, New South Wales, via the MyIPSTAR Portal and via our website at http://ipstarsandbox2.wpengine.com/legal/

 

What Services does IPSTAR offer under the Agreement?

We offer internet Services under the Agreement – Fixed Line and Fixed Wireless Internet Service (the “Internet Service”). The Internet Service requires the physical installation of a fibre internet connection into Your premises by installation of a box onto the outside of Your premises (if You select the Fixed Line service), and if you select our Fixed Wireless service, the Internet Service requires the installation of customer premises equipment including an outdoor antenna that must be mounted onto the rooftop of your premises. Both types of Internet Service require the installation of a connecting wire that connects the outdoor antenna or box to an nbn router that is to be installed at an internal location in Your premises. This equipment will be installed by a contractor engaged by NBN Co Limited (nbn) and is known as Customer Premises Equipment (CPE). . For more information about nbn internet services see: http://www.nbnco.com.au/learn-about-the-nbn.html

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

The plans are available on our website at http://ipstarsandbox2.wpengine.com/

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 download 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 for residential use only and may not be used for business purposes. They are reliant, among other things, on services 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 http://ipstarsandbox2.wpengine.com/.

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

 

Who owns and installs the CPE?

nbn owns the Internet Services CPE. Ownership of the Internet Services 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 $20 (excl gst).Invoices are due and payable twenty–one (21) days from the date of issue. The Charges will be treated as being received by IPSTAR when the payment is credited to IPSTAR’s nominated bank account
  • If an invoice is not paid on time:
    • a late payment charge of $13.64 (excl gst) will apply for invoices overdue by more than seven (7) days;
    • for invoices seven (7) days overdue, the Customer’s connection to the Satellite Internet Service will be shaped to 128kbps/128kbps;
    • for invoices fourteen (14) days overdue, the Customer’s connection to the Satellite Internet Service will be suspended (and a reconnection fee of $15.00 (excl gst) will be payable to unsuspend the Service.
    • for invoices twenty-one (21) days overdue, the Customer’s connection to the Satellite Internet Service will be terminated and an early termination fee will apply.
  • An activation charge is applicable for new customers. $90.00 (excl gst) for month-to-month customers and $45.45 (excl gst) for 12 and 24 month contract customers.
  • If You are not available to grant access to the premises to nbn or its installers at the pre-arranged time, a missed appointment charge of $150.00 (excl gst) fee will be payable in order to re-book the installation.
  • If a technician is required to attend a Your premises and there is no fault with the IPSTAR used infrastructure (or that of our network provider), then a tech call out fee of $150 (excl GST) will be applicable. In cases where a call out is due to standard installation/set up, then no charge is payable.
  • If Your data needs change within Your contract period. A Data Downgrade fee of $15.00 (excl gst) will be charged and a change request to your plan will take effect from the first day of the NEXT billing period. Your existing contract period will remain unchanged.
  • If Your speed needs change within Your contract period. A Speed Downgrade fee of $15.00 (excl gst) will be charged and a change request to your speed will take effect from the first day of the NEXT billing period. Your existing contract period will remain unchanged.
  • If You move house during Your contract period, a relocation fee of $50 (excl gst) will be charged. The contract will remain unchanged. No additional set up fee will apply.
  • If You decide to return a Modem that you purchased and has been sent to You, a Modem Return fee of $27.27 (excl gst) will be charged. The modem must be suitable for resale or it will not be accepted.

  

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 $150 (excl GST) is payable, If you have between 12 and 24 months remaining on Your contract then $250 (excl GST) is payable. You will be charged whichever is the lesser amount.
  • 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 Sixty (60) 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 Thirty (30) 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.
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