TERMS & CONDITIONS
Terms & Conditions
OUR CUSTOMER TERMS
Under the Telecommunications Act 1997, Sky Fibre may contract with its customers either on an individual basis, or by way of a Standard Form of Agreement. Sky Fibre has elected to supply its services by way of a standard form of agreement “Standard Form of Agreement”. Our Customer Terms is our “Standard Form of Agreement”. This means the terms and conditions contained in the “Standard Form of Agreement” apply to all customers who acquire Sky Fibre particular service.
UNDER THE LEGISLATION
1. You “the customer” and We “Sky Fibre” must comply with Our Customer Terms unless you and we
have agreed differently;
2. If we change Our Customer Terms and it would cause detriment to you, we must first publish an
advertisement or tell you directly;
3. If we change Our Customer Terms and it does not cause detriment to you, we can make the change
without having to first publish an advertisement or tell you directly.
We must also comply with the clauses that set out our rights to change Our Customer Terms when we change them.
PLEASE READ THESE TERMS CAREFULLY AS THEY MAY HAVE IMPORTANT CONSEQUENCES FOR YOU.
RESIDENTIAL PRODUCTS:
1. ABOUT “OUR CUSTOMER TERMS”:
a) These Terms and Conditions “Terms” describe the terms on which SkyFibre Pty Ltd “Sky Fibre” provides you “The Customer” with Internet access and associated service(s) including VOIP services (“Services”). The usage of any Sky Fibre Services or the signing of any Standard Form of Agreement “the Agreement” with Sky Fibre deems the Customer to have understood and agreed to these terms. No Variation of the provisions of this Agreement is permitted from your side. If your application to Sky Fibre is accepted, Sky Fibre will provide you with access to the internet subject to these terms.
b) If anything in these General Consumer Terms is inconsistent with something in a particular section, then the particular section applies instead of the Customer General Terms to the extent of the inconsistency.
c) Words importing the singular include the plural and vice versa. If a word or phrase is defined cognate words and phrases have corresponding definitions.
d) A reference to a person includes a firm, unincorporated association, corporation and a government or statutory body or authority. A reference to a person includes its legal personal representatives, successors and assigns.
e) This or any other document includes the document as varied or replaced and notwithstanding any change in the identity of the parties. Clause headings do not affect the interpretation of this document.
f) You may not transfer, nor try to transfer the right to receive the Sky Fibre Service or any other right under this agreement to anyone else without Sky Fibre Consent. We may transfer any of our rights or obligations under this agreement by sending you a notice.
g) Sky Fibre reserves the right to refuse your application for Service at its complete discretion if:
• You do not provide satisfactory proof of identification when required,
• You do not meet the eligibility criteria for the Service
• The Service is not available at the location where you wish to acquire the Service,
• You do not have an appropriate credit rating, or
• You do not comply with Our Customer Terms.
h) These customer terms, together with your application, the service description, the standard pricing table and any appendices, forms the agreement with us. To understand your rights and obligations you need to read all of the documents that relate to you and the service you select. The service description is a detailed description of each of the services Sky Fibre offers, including the different features, options and availability of a service.
2. SKY FIBRE SERVICE AVAILABILITY:
Sky Fibre agrees to supply the Subscriber with a Service that consists of a broadband connection to the Internet and other associated Services. The provision of this Service is subject to these Terms. The Service is not available in all areas. You may check the availability of the Service by contact our sales team or emailing us at [email protected].
The Service availability information at Sky Fibre disposal, may not be accurate when answering your initial enquiry. Further site survey may be required and an advice that the Service is available in the Customer’s area may later be altered to advise that the Service is not available. Sky Fibre reserves the right to inform the Customer of the non-availability of the Service to the Customer premises, even after informing the Customer that the Service would be available.
3. CONNECTING YOUR SERVICE:
In order for us to connect your Service you need to sign up on our website www.SkyFibre.net.au through “SIGN UP NOW”. Your details will show up on our system and one of Sky Fibre Team will be in touch with you to book you for installation.
Installation day and time will be reconfirmed with you via telephone call as we may not always be able to meet your preferred option. Our Installation Team will contact you to reconfirm your order and book you for installation. Please make sure you are fully aware of all the costs involved and outlined in our Fees & Charges Summary Table and in the consumer terms before you agree for us to proceed with the installation.
Signing up to Direct Debit Payment along with signing up to Sky Fibre Networks Services is a compulsory sign up and part of our Terms and Conditions. Your account number is the number you have been provided with upon sign up.
Payment through Direct Debit is the only acceptable method to get connected to Sky Fibre Services. Please make sure you arrange both signups for us to proceed with your installation. Please refer to Fees, Charges and Payment section for more details. It would also be useful to check the prices in our Fees and Charges Summary Table.
We try to connect some services within particular timeframes. For other services, we try to connect your service within a reasonable time. You must reasonably co-operate with us to allow us to establish and supply the service to you safely and efficiently. If you do not do so, we may be entitled to cancel the service or suspend it. We will provide the service to you with due care and skill. In the event of unexpected faults we will use reasonable endeavours to ensure the service is restored as soon as possible.
4. SKY FIBRE NETWORKS CUSTOMER PORTAL:
a) Once you get connected to Sky Fibre Services you will have your own Customer Portal. Please make sure you ask for your Customer Portal Log-in details in order to have access to all the key benefits.
b) You can access your Customer Portal on our website www.SkyFibre.net.au/Customer Corner/Customer Portal.
c) You Customer Portal enables you to:
Change your Password
Manage your personal information
Check all your Invoices and its status
Check your Usage and Purchase more Data
Update your Direct Debit Details (Your bank Account or your Credit Card)
5. APPOINTMENT OF AUTHORISED REPRESENTATIVE:
If you wish to appoint an Authorised Representative to deal with Sky Fibre on your behalf in regards to all matters related to your account, please complete the Appointment of Authorised Representative Form on our website at www.skyfibre.net.au /Customer Corner/Appointment of Authorised Representative. Without this official authorisation form, Sky Fibre reserves the right not to give any information except to the account holder.
6. QUALITY OF SERVICE AND BANDWIDTH RECEIVED:
Our aim is to provide continuous and fault-free services. We will use due care and skill in providing our services and we will provide our service in accordance with Our Customer Terms. However, given the nature of telecommunications systems, we cannot promise that our services will be continuous or fault-free.
The actual bandwidth rates and speeds achieved may be less than the nominated rates as different speeds will be achieved at different times since these rates are affected by many factors including but not limited to customer’s distance from the nearest Sky Fibre base station, congestion, local conditions, hardware and software, packet overhead, the source from which a customer wishes to download data and general internet traffic.
Users can expect to obtain at least 50% of the advertised speeds 50% of the time based on network tests conducted in December 2015. Different speeds will be achieved at different times since these rates are affected by many factors including but not limited to customer’s distance from the nearest Sky Fibre base station, congestion, local conditions, hardware and software, packet overhead, the source from which a customer wishes to download data and general internet traffic.
Failure to attain the highest possible speed is typically due to customers having their Services in areas of poor reception. Sky Fibre is unable to determine exact reception levels at any particular location, and coverage maps are only an indication of coverage levels. For this reason, the 7-day cooling off period allows the Customer to test the Service in-situ to ensure acceptable levels of Service.
7. WIRELESS BROADBAND CUSTOMER EQUIPMENT:
a) Our qualified installers will arrange the installation at your premises. Fixed wireless customers will require a Radio and a wireless router in order to be able to connect to the fixed wireless Service.
b) The radio equipment will be supplied by Sky Fibre at no cost and is subject to the current Customer Terms. These Terms apply to the equipment supplied by Sky Fibre to the exclusion of any other terms and conditions. All Sky Fibre equipment remain the company property and you will be responsible for returning it upon cancellation or termination of the service in its initial good condition when you first received it. Should you not return the equipment to Sky Fibre upon cancellation or termination, a non-return fee will be charged to your account as set out in the Fees & Charges Summary Table.
8. MAINTENANCE, REPAIR AND TECHNICAL SUPPORT:
a) We may conduct maintenance on the Sky Fibre network. Maintenance may also be conducted on a supplier's network used to supply the service. We will try to conduct scheduled maintenance on our network outside normal business hours, but we may not always be able to do so.
b) We will provide a 24/7 fault reporting service for you to report faults.
c) Before you report a fault to us, you must take all reasonable steps to ensure that the fault is not caused by any equipment that we are not responsible for, such as equipment that is owned by you or is not provided by us for you to use in connection with the service.
d) If you experience a problem with the Service or the broadband transmission facilities, you should report it to Sky Fibre by phone on 1300 739 288 or email [email protected]; Sky Fibre will use reasonable efforts to rectify the problem as soon as possible.
e) Sky Fibre Staff are not authorised to advise you on networking issues including but not limited to issues concerning your local area network (LAN), your local wireless network (WLAN), configuration of routers and switches. Advice provided by support staff is of a general nature only and further assistance from a suitably qualified person may be required at your expense. Sky Fibre does not warrant that support advice given will resolve all problems encountered and an escalation to our network engineers may be required.
f) If you report a fault and we find there is no fault or the fault was not caused by us or if your equipment causes a fault in your service that we need to repair, we can charge you a reasonable call-out fee for repairing the fault. We will tell you the amount of the call-out fee and the hourly rates we charge for repairing faults before we start work.
g) If Sky Fibre supplies a modem or equipment to you at the commencement of your agreement with us, we agree to service and maintain that equipment to keep it free from defects in workmanship and materials, under normal use during the maintenance period. All hardware provided by Sky Fibre comes with a 12 months to 3 years warranty against defects. Please feel free to contact us on 1300 739 288 for full details about manufacturers, features and full specifications.
If this agreement is terminated for any reason before the end of the contract we will no longer provide maintenance services under this clause. Sky Fibre will only supply service on the equipment if we have supplied the modem to you and you have not modified the equipment in any way. Any equipment warranties will be voided in the case of any abuse, misuse, neglect, mishandling or misapplication, accident. Improper maintenance or service, unusual hazards (including, but not limited to, exposure to excessive humidity, heat, cold, dust, food, liquids, magnetic or electromagnetic interference or incorrect power voltage), any electrical supply problems or failure to provide a suitable environment for the equipment, or any natural disaster (including but not limited to floods, lightning and fire), acts of terrorism or any other cause beyond our reasonable control. If we do not exercise or delay in exercising our rights under this Agreement, we will not be taken to have waived our rights.
9. BILLING,FEES,CHARGES AND PAYMENT:
a) All Billing enquiries should be addressed to [email protected].
b) All Advertised Prices and Plans are subject to GST.
c) How do we issue your Monthly Bill:
We issue bills for charges for your services regularly and advance on monthly basis. We can also issue an interim bill at any time. We try to include all charges relating to a billing period on that bill. Where that does not happen, bills may include charges from previous billing periods as long as we comply with the billing requirements in the Communications Alliance Code – Telecommunications Consumer Protections (C628). A copy of the Code can be found at: www.commsalliance.com.au/Documents/all/codes/c628.
Your regular Bill will be issued on the first of each month and it is due and payable 10 days from the date of the invoice.
d) Payment by the Due Date: You must pay your bill on the due date. Payment must be made via our direct debit facility from a nominated bank account or credit card. A surcharge applies for a credit card payment. Please see the Fees & Charges Summary Table.
e) Direct Debit Facility: You need to sign up to the Direct Debit Facility simultaneously with the sign up to Sky Fibre Services through “SIGN UP NOW”. If you submit the sign up form without the direct debit application, your sign up remains an expression of interest and remains unconfirmed until you complete the direct debit sign up. Sky Fibre provides you with the option to update your bank account details or your credit card details online at any time through the customer portal. Please email our accounts department at [email protected] to request your portal log-in details.
You can sign up to Direct Debit at any time on https://customer.skyfibre.net.au/direct-debit/. Your account number is the number you have been provided with upon sign up.
f) You must continue to pay the charges of the Service even if:
• Your computer is not working
• You actively cease using the Service for any reason in circumstances where the Service is available for use; or
• The service is unavailable, or has limited availability, for a period due to a Network or system outage.
g) The customer may change the nominated pricing plan, incurring a charge as set out in the Fees & Charges Summary Table. The Customer shall be liable for any applicable taxes on the charges (including, but not limited to, a Goods and Services Tax), even if a third party incurs the charges using your account.
h) All transactions are processed in Australian Dollar AUD. Should a transaction fail to be processed for whatever reason, Sky Fibre has the right to debit that card or account in a subsequent period to collect amounts owing from the subscriber.
i) You will pay for your actual usage of the service. You will be deemed to have commenced using the Service from the date of activation of the subscriber account. On the commencement of the Service, you will be billed for an installation fee where applicable, pro-rata fee for the remainder of the month after the Service is provisioned, any additional Services you have requested, and for the next month’s fee in advance. Thereafter, you will be billed monthly in advance.
j) Additional fees: In addition to the fees and charges you incur in the normal use of the service, we may charge you for an administration fee and other similar charges. These costs may include suspension fees, cancellation fees, early termination fees, late payment fees, payment dishonour fees and reconnection or reactivation fees.
Any additional charges we receive from a bank or other institution relating to a failed direct debit or credit card transaction will be re-charged to the subscriber. There is a surcharge for paying by credit card. A non-direct debit payment incurs an admin fee as set out in the Fees & Charges Summary Table.
k) What happens if you do not pay your bill by the due date?
We reserve the right to suspend your Services if any charges remain outstanding for 30 days. You agree that if you have paid for the Service in advance and you stop using the Service for any reason, you are not entitled to any refund except to the extent that Sky Fibre is required by law to give a refund. This does not limit Sky Fibre right to give a refund for any reason at its sole discretion.
If you do not pay your bill by the date the payment is due, we may also:
1. Charge you a late payment fee. Please refer to the relevant Fees & Charges Summary Table for the service
concerned to check the late fee that applies;
2. Suspend or cancel the service. If we suspend or cancel the service, we may charge you a suspension fee or cancellation fee. If the service is cancelled and the service disconnected or deactivated, you may have to pay a reconnection or reactivation fee for the reconnection or reactivation of the service. Please refer to the Fees & Charges Summary Table for the service concerned to check the relevant fees.
3. Institute legal proceedings against you to recover the money you owe us. If we institute legal proceedings, we may seek to recover our reasonable legal costs reasonable incurred.
4. After sending the required notices, report to the credit-reporting agency information about any overdue amounts of more than 60 days that is qualified as default, for inclusion in your consumer credit report. A default occurs when you are 60 days overdue in making a payment to Sky Fibre.
l) What happens if you have overpaid as a result of a billing error?
If you have overpaid as a result of a billing error:
- Your account will be credited with the amount you have overpaid on your next bill.
- If you have stopped obtaining the service, we will use reasonable endeavours to notify you that you have overpaid and refund the overpayment
10.CANCELLING THE SERVICE:
a) How can you cancel the service and when will the service be cancelled?
The cancellation of your service will have to be processed through our accounts department in order for the cancellation to take effect. Your account Number is shown on your monthly Invoice. There is a 30 Days cancellation period notice on all plans, this means, the effective date of the cancellation will be 30 days after the lodgement of the cancellation and you will be billed until then. You are required to return the equipment Sky Fibre might have given to you at no Cost as it is a company property, otherwise a non-return fee will apply as per the Fees & Charges Summary Table.
Cancellation Policy: It is the responsibility of the Customer to notify Sky Fibre of cancellation by calling our accounts department or email [email protected]. Returning Sky Fibre equipment, completion of service term, or cessation of payment does not constitute notification of cancellation. Cancellation notifications must be presented to Sky Fibre a minimum of 30 days in advance.
The service is cancelled when the agreement terminates and/or after 30 Days from the cancellation lodgement. If the service is cancelled:
You are liable for any charges incurred (including the cancellation fee/Early Termination Fee, and outstanding equipment charges if any) up to, and including, the effective cancellation date.
you authorise us to apply any over payment on your account and/or money that you have paid in advance for the service which is being cancelled to pay for any undisputed outstanding charges (including the cancellation fee, if any),
You authorise us to debit any undisputed outstanding charges (including any cancellation fee, if any) from your credit card or bank account.
If the service is cancelled as a result of circumstances reasonably attributable to you, which is not Sky Fibre’s fault, or if you decide to cancel right after the installation without any legitimate reason, you must pay us all infrastructure and installation costs incurred by us in connection with preparations for supplying the service to you.
If you wish to reinstate the service you should contact us. If the service is cancelled as a result of circumstances reasonably attributable to you and we reinstate the service, then you may have to pay us a reconnection or reactivation fee.
If you are able to use the service after the cancellation date, you are liable for any charges incurred by you for that use, in addition to any other charge that may apply.
b) Your right to cancel the service:
You may cancel the service at any time by giving us 30 days’ notice. The 30 days is calculated from the day the notice is received by Sky Fibre, including the day of receipt.
If you wish to cancel your account, you may alternatively provide us with a written notice minimum 30 days in advance of the day you wish for your service to be terminated.
You are required to give us this notice if you do not wish to continue to use the service whether you are on a contract or on a no lock-in contract. An Early termination fee will apply if you are on a contract. Please see the Fees & Charges Summary Table for the relevant fees that may apply.
You may cancel the service if we breach a material term of the agreement and we cannot remedy that breach, including where there are prolonged or repeated interruptions to your access to or use of, the service and the loss was not as a result of circumstances reasonably attributable to you or to equipment that we are not responsible for, such as equipment that is owned by you or is not provided by us for you to use in connection with the service.
You may cancel the service if we breach a material term of the agreement and we can remedy that breach, but we do not remedy that breach within 30 days after you give us notice requiring us to do so.
You may cancel the service in case of any intervening event preventing the supply of the service in accordance with the agreement for more than 14 days.
c) Our right to cancel the service:
We may cancel the service at any time if:
there is an emergency,
we reasonably suspect fraud by you or any other person in connection with the service,
any undisputed amount owing to us in respect of the service is not paid by its due date and we give you notice requiring payment of that amount and you fail to pay that amount in full within ten (10) business days after we give you that notice, unless otherwise set out in the agreement.
we reasonably consider you a credit risk because you have not paid amounts owing to us in respect of any service by its due date and you are given notice requiring payment of that amount by our legal department and you fail to pay that amount in full within the required period,
You breach a material term of the agreement and you cannot remedy that breach.
You breach a material term of the agreement including Sky Fibre Internet Acceptable Use Policy and you can remedy that breach, and you do not remedy that breach within 30 days after we give you notice requiring you to do so,
We are required to do so to comply with an order, instruction, and request or notice of a regulator, an emergency services organisation, any other competent authority or by authorisation of or under law.
You suffer an insolvency event and we reasonably believe we are unlikely to receive payment for amounts due,
In most circumstances, we will give you as much notice as we reasonably can before we cancel the service. However, in some circumstances, and in case of emergency or if we consider your use of the service is unreasonable and in breach of our Internet Acceptable Use Policy, we may cancel the service without notice to you.
11. SUSPENSION AND TERMINATION:
a) We reserve the right to suspend your Services if any charges remain outstanding for 30 days.
b) If we are unable to provide the network service or in case of any force majeure, Sky Fibre may suspend your service and terminate any contract.
c) We reserve the right to terminate or suspend your account, at our sole discretion, in the event of any breach of these Terms by you or anyone using your account. Such termination or suspension maybe without notice to you.
d) Sky Fibre may suspend your account for technical reasons and will attempt to provide notice to you if this is necessary. It may not be possible to provide you with a notice of suspension to your account due to technical reasons.
e) Suspended accounts that are still under a fixed term contract continue to incur the contracted charge and therefore will continue to be invoiced until the end of the contract.
f) Accounts that have been suspended for longer than one month due to a reason which is not related to any Sky Fibre fault are required to pay a reconnection fee as set out in the Fees & Charges Summary Table.
g) If your account is terminated for whatever reason you must pay any and all outstanding fees and charges immediately. Customers must return their equipment to Sky Fibre within 14 calendar days after closing their account at their own cost. If the equipment is not returned, or the equipment is damaged during transit, a non-return fee as set out in the Fees & Charges Summary Table will be incurred to cover the cost of the equipment.
h) Customers are advised that they should keep proof of notification after their contract has been terminated. In case of any future billing dispute, they will be able to provide this proof of termination to Sky Fibre. Sky Fibre will not be in a position to offer refunds to customers who cannot provide proof of termination.
i) We may cancel, suspend or restrict your service if we reasonably believe:
Your behaviour towards us or towards our representatives has been verbally or physically abusive,
threatening or inappropriate, or amounts to bullying or harassment; or
You have made multiple complaints without a reasonable basis for doing so and you continue to make such
complaints after we have asked you to stop.
12. CONTRACT TERM AND EARLY TERMINATION:
a) Contracts maybe entered into by the customer by either signing a contract agreement, or by agreeing to these terms and conditions on commencement of the Service. Usage of the Service constitutes agreement to these terms and conditions. If you have agreed to a 12 months or 24 months contract term, usage of the service constitutes agreement to pay the agreed fees for the duration of the contract term. Sky Fibre Service is delivered for the following agreed contract terms:
- No lock-in Contract (month-to-month contract)
- 12 months contract
- 24 months contract
b) If you have agreed to a 12 months or 24 months contract term, and choose to disconnect your service while the account is still under contract, a cancellation or early termination fee will apply which will reduce each month of your contract term based on the following:
Cancellation Stage of the Contract
0 – 12 months 13 – 15 months 16 – 18 months 19 – 21 months 22 – 24 months
Early Termination Fee
100% of the Maximum Cancellation Fee 80% of the Maximum Cancellation Fee 60% of the Maximum Cancellation Fee 40% of the Maximum Cancellation Fee 20% of the Maximum Cancellation Fee
Please refer to the Fees & Charges Summary Table to identify the Maximum Cancellation Fee of your contract.
c) Whether you are on a contract or on a no lock-in contract and you wish to terminate your account and discontinue your service, you are required to give us a 30 days’ cancellation period notice. This notice should be sent in writing by email to [email protected]. The 30 days is calculated from the day the notice is received by Sky Fibre, including the day of receipt. Your cancellation will be effective 30 days later and you will be billed until then.
13. CHANGE OF PLAN AND RELOCATION DURING CONTRACT TERM:
a) No downgrade from one plan to another is possible for the duration of a contract. This includes but is not limited to, a downgrade that reverses a previous upgrade. A downgrade is defined as moving from one plan to a second plan where the second plan has a smaller monthly recurring fee. Outside of a fixed-terms contract, a downgrade charge is payable as set out in the Fees & Charges Summary Table when downgrading plans.
b) Requesting an upgrade or migrating to a higher plan, does not shorten the terms of the agreement or terminate the agreement, which will continue to apply for the term.
c) If you wish to relocate your Service to another location or area which falls under Sky Fibre coverage, you will need to pay a reconnection fee which covers the cost of installation and reactivation of the service at your new location.
d) If the Customer’s account is disabled for any reason, a reactivation fee as set out in the Fees & Charges Summary Table will apply. Unless Sky Fibre or the Customer terminates the account, after expiry of the initial contract term, the account will continue to renew for rolling 30 day periods, and will continue to be provided subject to these Terms.
14. DOWNLOAD LIMITS:
a) Sky Fibre Services are restricted once you reach your data limit, thereafter you will have to wait for the next billing cycle or upgrade to a higher plan. Sky Fibre maintains an Fair Use Policy that governs the use of the Service. Sky Fibre will meter download usage and upload usage. Sky Fibre reserves the right to take action on subscribers who breach the Acceptable Use Policy.
b) Once you reach your data limit, you may have the option to purchase additional data at the agreed prices through your portal.
15. LIMIT OF LIABILITY:
a) Your service is supplied subject to the terms and conditions expressly set out in the application form you used to apply for your service and in Our Consumer Terms. No other terms or rights apply.
b) While Sky Fibre takes reasonable care and skill in providing broadband Services, we do not warrant or guarantee that the Service will be continuous, error-free or that the speed will not vary from time to time. Users can expect to obtain no less than 50-100% of the advertised speeds 50% of the time, based on network tests conducted in December 2015. Different speeds will be obtained at different times, depending on congestion, location, local conditions, hardware, software, the customer’s distance from the nearest Sky Fibre Base Station, the source from which a customer wishes to download data and general internet traffic.
The liability of Sky Fibre in these circumstances is expressly limited to the price paid by you for the Services, provided such claim is received by Sky Fibre within 14 days of the date of a claim under this provision. Sky Fibre shall not be liable to you or to your agents or representatives for any direct, indirect, incident or consequential loss or damages of any nature however caused including but not limited to loss of profits, loss of production, loss of sales opportunity or business reputation , direct or indirect labour costs and overhead expenses and damage to equipment or property or any other claim whatsoever arising directly or indirectly or in any way attributable to the provision of the Services.
c) If you have contributed to any loss or damage you are claiming against us, our liability is reduced to the extent of your contribution. Subject to your statutory rights as a consumer, we are not liable to you for any consequential losses you suffer or for any costs, expenses, loss or charges that you incur.
d) If our services are used by you in pursuit of financial gain (such as to conduct share trading), it is very important that you have an alternative means of communication available and do not solely rely on our services. As your service is provided to you for the primary purpose of personal, domestic or household use, we do not accept liability to you for losses that result from the use of your service in connection with the conduct of a business.
e) You acknowledge and represent that these limit of liability provisions are fair and reasonable having regard to the nature of this Agreement. In particular, you acknowledge and represent to Sky Fibre that, in respect of these Terms, Sky Fibre is not in a position of relative bargaining and Sky Fibre has offered no inducement in entering into this Agreement. Sky Fibre does not warrant that the manuals or any related documentation is free of errors and shall not be liable for any failure to perform its obligation under this agreement for any cause beyond its reasonable control including without limitation fire, flood, strikes, transportation delays fuel and energy shortages and defaults of subcontractors or suppliers to Sky Fibre. Sky Fibre makes no representations about the suitability of the Service for a particular purpose.
f) Your Liability to us: You are liable to us for any breach of the agreement by you that causes foreseeable substantial loss to us.
g) Indemnity: You indemnify us (that is, we can make you pay for) from any loss or damage we suffer that is caused by inappropriate use of Sky Fibre by you. This indemnity does not apply to any loss or damage that we have caused.
16. COMPLAINTS:
You have a right to complain, and if you do we will deal with your complaint in a fair, efficient, objective manner and through a transparent process. We strive to solve any problems you may have during your first contact with us. Our complaint handling process complies with the requirements of the Telecommunications Consumer Protections Code C628:2012 (TCP Code) and responsibility for compliance with the process lies with our Chief Executive Officer. For complaints please go to Complaints Handling Process www.skyfibre.net.au/Contact us / Complaints.
17. SERVICE LEVEL GUARANTEES:
Sky Fibre may from time to time offer a guarantee on the level of service provided to the customer, which may include rebates for outage periods. Unless a rebate is specifically agreed with the Customer in writing, the full invoice or bill remains payable by the Customer, regardless of the level of Service.
18. REFUND POLICY:
a) If, within 7 days of purchasing your Wireless Services, you experience an unsatisfactory level of Service, which is not related to an incorrect choice, change of mind or other reasons advanced by the Customer, and wish to cancel the Service, Sky Fibre will, subject to meeting the criteria below, refund in full the purchase price paid for the Service. This is only to be done within the 7-day “the cooling off period” from the date of purchasing the Service.
b) Additionally, all of the following criterion must be met for a refund of the installation charge to be issued:
- The Subscriber has used less than 50MB of their monthly usage.
- Failure of the Service to achieve 50% of the maximum speed during the cooling off period.
- The Subscriber has returned all Sky Fibre equipment, which must be in its original packing material and it must be in its original undamaged condition, within 7 days of advising Sky Fibre of the cancellation of the Service and
- All accessories, CD’s, cables and anything else included have to be returned to Sky Fibre.
c) Customers claiming a refund outside of the 7 days cooling off period will not be given any remuneration for installation charges or be given the option to get a refund for any hardware purchased from us. Customers under contract have the obligation to pay out the full price of the contract for refund claims outside of the 7 days cooling off period.
d) If you have overpaid as a result of a billing error, we will use reasonable endeavours to notify you that you have overpaid and refund the overpayment. Your account will be credited with the amount you have overpaid on your next bill.
e) Please allow up to a maximum of 30 days for the refunds to be processed.
19. FAIR USE POLICY:
a) You must comply with this Acceptable Use Policy when you use our Services.
b) Customers warrant that they will not engage in conduct that could be construed by anyone in any location as constituting sending of spam. This includes sending or causing the sending of any unsolicited or unauthorised advertising, promotional materials, junk mails, bulk unsolicited email, mail bombing, chain letters, multiple newsgroup cross-posting, or other form of solicitation.
c) Customers warrant that they will not host any website or mail server when using Sky Fibre Services. Customers also warrant that they will not employ any identity disguising techniques in connection with spam , including relaying email via a third party’s mail server without permission, hosting an open mail relay server, or employing similar techniques to hide or obscure the source of an email.
d) Customers warrant that they will not, including knowingly, host or transmit any content that contains any Software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Customers also warrant that they will not host or transmit any content the hosting or the transmitting of which would be a contravention of any law of the commonwealth of, or a State in, Australia, such as, for example, material of a pornographic nature.
e) Customers warrant that they will not engage in malicious activity against any host on the internet including defacing of web-sites without the permission of the website owner, obtaining (or attempting to obtain) unauthorised access to data by circumventing (or attempting to circumvent) security controls designed to prevent un-authorised access or interference with Service to any User, host or network including, without limitation, mail bombing, flooding deliberate attempts to overload a system.
f) It is important to Sky Fibre that all eligible Sky Fibre customers are able to access our Service. Accordingly, we have devised a Fair Use Policy which applies to usage of the Service. We reserve the right to vary the terms of the Fair Use Policy from time to time. Sky Fibre may rely on the Fair Use Policy where your usage of the Services is Unreasonable.
Unreasonable Use: It is unreasonable use of the Service where your use of the Services is reasonably considered by Sky Fibre to be fraudulent use, to be contrary to the way the Services are intended to be used (“Intended Use”), or to adversely affect Sky Fibre’s Network or other Sky Fibre customers' use of or access to the Services.
"Fraudulent Use" includes resupplying the Service without Sky Fibre's consent so that someone else may access or use the Service or to take advantage of a Fair Use Promotion.
Use which is contrary to the Intended Use includes: using the Services in a way that an ordinary person could reasonably regard as commercial use, unless you are on a business plan; using the Services in a way that an ordinary person would not regard as being used for ordinary business use, when you are a business customer; using the Services with a device that re-routes or switches calls to or from the network of Sky Fibre to another carrier’s network, or SIM boxing; using the Services in connection with any device that switches or reroutes calls which could keep a line open for hours, or wholesaling the Services; using the Services for the purpose of transiting, refiling or aggregating domestic or international traffic (or to wholesale supply of any service in any manner) on Our Network.
g) Excessive usage contravenes the Fair Use Policy. Excessive use is a continuing and unreasonably disproportionate use of the service when compared to other users or consistently significantly exceeding the download limit specified by your plan. Excessive usage of an “Unlimited” plan occurs when the level of download activity is significantly disproportionate to other “Unlimited” users. Sky Fibre reserves the right to change the plan a customer is on if they contravene the Fair Use Policy. In this event, we will make reasonable efforts to contact you and advice of the amendment or change and we will allow you the option of terminating the Services without penalty.
h) If you breach this Fair Use Policy, Sky Fibre will contact you to discuss changing your usage so that it conforms to this Fair Use Policy. If, after Sky Fibre has contacted you, your unreasonable use continues, Sky Fibre may, without further notice to you, suspend or limit the Services (or any feature of it) for any period we think is reasonably necessary and/or terminate your agreement in accordance to our Terms & Conditions of the Standard Form of Agreement.
i) We may also take the following remedial actions if the law or a regulator or other authority requires us to do so.
- For a serious or a non-serious breach where the consequences are serious, immediately terminating or suspending your service;
- for all other breaches, immediately suspending your service and then terminating the service if you do not remedy the breach;
- giving you a notice to stop the activities or conduct, or to take steps to remedy your breach;
- giving you a warning that any further repetition of the activity or conduct will result in us immediately
terminating or suspending your service; and
- Reporting of the activities or conduct to relevant authorities.
j) We will do our best to tell you before we terminate or suspend your service if it is reasonably possible for us to do so.
20. INTELLECTUAL PROPERTY PROTECTION:
a) We own all materials (including intellectual property rights) developed by us or by our personnel.
b) We may permit you to use this material, or other material licensed by us, as part of the Service. This permission is subject to any conditions we may impose from time to time and will cease when the Service is cancelled.
c) You must not infringe any person's intellectual property rights (such as by using, copying or distributing data or software without the permission of the owner) in using the service. You warrant you will not host any content which infringes any copyright, trademark, trade secret, patent or other property or other intellectual property rights of any third party unless the Customer is the owner of, or have the permission of the owner to post or transmit the content.
d) If you breach this section, we may suspend the service without prior notice.
21. PRIVACY POLICY:
a) Information concerning the Customer will be held in our database. The database will contain the Customer’s name, address, telephone numbers, bank account or credit card details, billing details, information related to the provision and use of the Service, and information provided by you in connection with this agreement. This information may be used to enable Sky Fibre to perform obligations to you under this agreement, including to provide the Service and to enable Sky Fibre to ensure that you perform your obligations under this agreement.
b) Sky Fibre may obtain and use information concerning our commercial activities and credit worthiness from a credit reporting agency or other business that reports on commercial credit worthiness to assess your application or to collect overdue payments.
c) Sky Fibre may use your Personal Information for purposes that are related to providing you the Service and which you would reasonably expect us to use that information for. If you request in writing, we will give you access to your personal Information and correct your personal information that is inaccurate or incomplete. We may receive and disclose your Personal Information to and from:
* Credit providers or credit reporting agencies for the purposes permitted under the Privacy Act
* Law enforcement agencies to assist in prevention of crime, or
* Other telecommunications companies or financial institutions if we suspect or are seeking to prevent or investigate fraud; or
* Our service/content providers, dealers/agents and related companies for the purpose of providing you the service.
We may also disclose your Personal Information to other third parties if required by law or if disclosure is permitted under the Privacy Act or other legislation. More detail about the way we handle your personal information is in our Privacy Policy which can be accessed on our website.
22. SECURITY POLICY:
You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. Sky Fibre is not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security measures. Sky Fibre requests that you promptly report to it any unauthorised use of your password.
Internet security is an ongoing challenge, however, it is a challenge that must be met if you are to enjoy a safer and more secure online experience. As Internet users, we are all required to play our part in promoting and practising a “culture of cyber security”. For more information about security measures you can take, please refer to Security Tools on our Website.
When purchasing from Sky Fibre, your financial details are passed through a secure server using the latest 128- bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is approximately to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support at [email protected]
23. CREDIT TERMS AND DEFAULT LISTINGS:
a) In entering into a contract with Sky Fibre, the customer acknowledges and consents to the terms and conditions in relation to the Privacy Act of 1988 which allows Sky Fibre access to consumer credit reporting to allow subscriber credit assessment.
b) In undertaking any collections activity, Sky Fibre will adopt best practice as stipulated by the Australian Competition and Consumer Commission (ACCC). No Credit Management charges will be imposed unless they are a reimbursement of Sky Fibre’s actual costs, in which case the customer will be informed of the amount of the charge and the method of calculation used.
c) If you are having trouble paying a bill, please contact us to discuss the matter and, we may be able to grant you an extension on the due date of the bill.
d) If you believe that you can demonstrate that the bill has gone unpaid through no fault of your own, please contact us and we will work to rectify the matter with you.
e) The applicant is aware that Sky Fibre and after sending the required notices, may report to the credit- reporting agency information about any overdue amounts of more than 60 days that is qualified as default for inclusion in your consumer credit report. A default occurs when you are 60 days overdue in making a payment to Sky Fibre. Default Listings can have an impact on your credit rating and therefore your ability to secure credit from any source (banks, retail outlets, other service providers and so forth). As such we highly recommend that should you experience any trouble in paying your bill you contact us immediately.
f) It is understood that payment is due 10 days from the date of invoice. Should payment be defaulted then the total account becomes due and Sky Fibre reserves the right to use the services of a debt collection agency or solicitor to collect debts and if necessary report the default to a credit reporting agency. The person making the application is the person to whom Sky Fibre will look for payment.
g) For more information, please access our Credit Reporting Policy under our Privacy Policy.
24. THE SPAM ACT:
a) We comply with the Spam Act 2003 (Cth). If we send you promotional emails, you will be able to respond asking us not to send you any more promotional emails. However, all of our official communications with you will be by email, notice of upgrades and outages, invoices and so on.
b) You agree as part of your acceptance of these Terms to receive our emails for the above and related purposes.
25. GENERAL:
a) Sky Fibre may amend or change these Terms by giving you reasonable notice, by email, through our website, or by any other means. If any amendment or change is likely to have a detrimental impact on you, including any adverse economic impact, we will make reasonable efforts to contact you and advice of the amendment or change and we will allow you the option of terminating the Services without penalty.
b) Your continued use of the Service after the implementation of any amended Terms shall constitute acceptance of the new Terms. If a provision of these Terms is found to be void, voidable or unenforceable, it may be severed from the Terms without affecting the operation or the remainder of the Terms.
c) You agree that Sky Fibre may modify or change any terms of these Terms including any fees, rates and charges from time to time at its sole discretion. It is your responsibility to check periodically these terms and conditions for modifications and changes and to comply with the terms and conditions in effect at all times. Your continued use of the Service after such a change is additional evidence of your acceptance of the variation. Notices regarding changes may also be provided under these Terms by email, post, facsimile, and can also be posted on the website.
d) You acknowledge that you must regularly check your default email address as allocated by Sky Fibre or, if you have arranged for emails sent to your default email address to be forwarded to an alternate email address, that alternate email address. It is the subscriber’s responsibility to ensure that their default email is kept up-to- date. When Sky Fibre elects to provide notices to you by email, you will be deemed to have received the email notification, in the absence of any evidence received by Sky Fibre to the contrary. If you acquire the Sky Fibre Service by signing an Agreement provided to you by a dealer, you acknowledge the dealer is acting as Sky Fibre agent only for the purpose of receiving the Agreement from you and providing it to Sky Fibre. The dealer is not Sky Fibre agent for any other capacity and the dealer does not provide the Service.
e) The Laws of New South Wales govern these Terms, and each party submits to the jurisdiction of the courts of that state.
