1df6cbc IT’S FUBAR TECHNOLOGY SERVICES
Product Terms - Internet & Data Services
Introduction
- 1 About this document
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This document contains the Product Terms and Conditions for Internet & Data Services provided by IT’S FUBAR Pty Ltd as trustee for Caldicott Business Trust (ABN 34 313 377 448) trading as IT’S FUBAR Technology Services. The clauses within are known as 'Product Terms and Conditions'.
- 2 Your Contract with us
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When you enter into a Contract with us, there will be both General Terms and Conditions and Product Terms and Conditions relating to the specific Service/s you choose. To understand your rights and obligations, you need to read all of the documents that relate to you and the Services/s you select.
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This document describes the Product Terms and Conditions applicable to our Internet Services, and forms part of your Contract with us.
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If there is any inconsistency between these Product Terms and the General Terms and Conditions, these Product Terms prevail to the extent of the inconsistency. For clarity, this does not override any inconsistent term in a Service Order or a Critical Information Summary (CIS), which prevail in accordance with the order of precedence in the General Terms and Conditions.
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PART B - INTERNET SERVICES
The Service
- 3 Internet Services
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Our Internet service products are available in multiple variants, and numerous plans are available:
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NBN TC-4 Services:
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There are two service types - Consumer and Business.
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Business plans offer different product speeds than available to standard consumer plans and may include an extended SLA from NBN Co for fault rectification.
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Opticomm Services
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There are two service types - Consumer and Business.
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Business plans offer different product speeds than available to standard consumer plans and may include an extended SLA from NBN Co for fault rectification.
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Fixed Wireless Services
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There are two service types - Consumer and Business.
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Business plans offer a higher packet priority than consumer services over our network.
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NBN Enterprise Ethernet Services
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Telstra Fibre Services
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All Internet services include:
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Internet access with an allocation of data dependent on the selected plan (refer to the product CIS).
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A login to our customer portal.
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Online access to service usage statistics.
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Although updated frequently the usage statistics are not up to the minute calculations. From time to time, for technical reasons, usage statistics maybe delayed or unavailable.
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A basic level of technical support for the internet service itself, outlined in the General Terms and Conditions.
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A fixed monthly access fee, payable in advance by credit card or direct debit only.
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The range of internet services offered may vary from time to time without notice.
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- 4 IP addresses, email addresses and domain names
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In connection with a Service, you may be allocated IP addresses, email addresses, domain names or Internet identifiers.
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These Internet identifiers are licensed, controlled, and administered not by us but by independent authorities. These authorities make, and may change, their own rules and regulations that bind us and you.
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We are not responsible for anything done, or required to be done, by these authorities.
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You do not own any Internet identifier allocated to you, and (except where rules of the relevant authority permit you to transfer an Internet identifier to another service provider) you have no right to retain them when your service ends.
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An IP address allocated to you:
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may be managed using Network Address Translation (NAT).
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may not be 'globally routable' i.e., directly reachable by all other Internet users.
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may therefore not support applications or services that require inbound connections to be established (e.g., a Virtual Private Network).
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This reflects common industry architecture and is not a defect in your service.
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We may allocate you with a globally routable IP address, if you request it or applicable Service Terms provide for it, subject to:
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availability.
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relevant Service Terms.
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our current allocation policy at the time of request.
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payment of an additional charge.
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- 5 Dynamic IP addresses
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Unless your Internet Service specifies that we shall provide you with a static (i.e., non-changing) IP address, we may provide it using dynamic IP addresses (that change periodically).
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The periodic changing of dynamic IP addresses is normal network behaviour and not a fault.
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It may be difficult or impossible to operate an Internet server (subject to our Acceptable Use Policy) using a service with a dynamic IP address.
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If you intend to operate such a server you should use a service with a static IP address.
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- 7 Delivery of Internet Services
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All Broadband speeds quoted by IT’S FUBAR Technology Services are maximum theoretical speeds.
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We do not guarantee that the maximum speeds stated for a service or plan will be attainable in all cases.
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We are not responsible for environmental/external influences that may impact the speed and/or performance of the Service.
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We may (at our discretion) change the maximum speed of the service, e.g. to increase the stability of the service.
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The actual maximum speed of the Service depends on factors such as telephone line quality, distance to the node, internal building wiring, wireless signal interference as well as the CPE used.
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The speed can therefore only be accurately determined once the service has been installed and tested.
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A VDSL compatible modem/router is required to obtain service in NBN FTTN connected locations.
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We do not guarantee that every service or plan may be available at every address.
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We do not guarantee any provisioning timeline.
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Billing
- 8 Service Billing
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All internet services operate on a billing anniversary date of the 1st of each calendar month.
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Services are offered on a pre-paid arrangement; you are invoiced on the 1st of each calendar month for the upcoming month of service.
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All and any charges are due on the invoice date and must be paid by automatic deduction from a valid credit card or bank account held on file.
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To the extent of any inconsistency, the General Terms and Conditions provisions about bill due dates (including any default 'pay within X days' wording) do not apply to this Service. Charges for this Service are payable on the invoice date as set out above.
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- 9 Contract Terms
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The minimum contract term for Telstra Fibre and NBN EE services is 12 months from the Start Date, unless otherwise specified on the order.
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NBN TC-4 and Opticomm services are offered on a month-to-month basis with no contract term, unless otherwise specified on the order or CIS for the chosen plan.
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- 10 Cancellation
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Cancellation requests must be received by IT’S FUBAR in writing or via our customer portal.
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If the Customer notifies IT’S FUBAR that they wish to cancel the Service, the monthly access fee for the month in which the Cancellation occurs is not refundable.
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Cancellations take effect at the end of the current billing month, unless we agree to a later effective date. No pro-rated refunds or credits are available for the remainder of the billing month once a cancellation request is received.
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This clause varies any notice period in the General Terms and Conditions for these Services.
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To avoid charges for the next billing month, cancellation requests must be received before 12:00pm (local time) on the last Business Day of the month.
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The Service will be disabled on the effective cancellation date (end of the current billing month, unless we agree to a later effective date). However, it may take up to five business days for the Service to be fully removed.
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If cancelling a Telstra Fibre, Fixed Wireless or NBN EE service during its minimum term, an Early Termination Fee applies, equal to the total of the remaining monthly access fees for the current contract term.
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Any applicable Early Termination Fees are billed at the time of cancellation.
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This Early Termination Fee is a Charge specified in this Product Schedule for the purposes of the General Terms and Conditions. You acknowledge that the Early Termination Fee constitutes a genuine estimate of IT’S FUBAR’s financial loss if the service is cancelled prior to the contract end date.
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Transferring the service to another Internet Service Provider, via a transfer process, will result in the automatic cancellation of the service with IT’S FUBAR Technology Services.
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Where cancellation occurs via a transfer process, the effective cancellation date is the transfer date. No pro-rated refunds or credits apply.
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Early Termination Fees (where applicable) will apply from the date of transfer.
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Reconnection or Relocation of a service to another address is equivalent to cancellation and provisioning of a new service, hence Early Termination Fees may apply.
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- 11 Customer Obligations
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You must ensure the accuracy of the information provided for the establishment of the service. The service will be installed according to the information provided.
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If incorrect information is provided, you will be charged for corrections to the service including standard cancellation and relocation fees.
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If an incorrect phone (service) number is provided, resulting in installation or conversion of the incorrect telephone line, the process cannot be reversed.
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You are responsible for fulfilling any contractual commitments associated with any services supplied over the infrastructure that is used for installation of the NBN Service, whether those services are supplied by IT’S FUBAR or another service provider.
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The Customer is responsible for any loss or damage caused to the IT’S FUBAR, NBN, Telstra, Hyperwave or Opticomm network or equipment, excluding any loss or damage caused by the aforementioned parties.
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Other Terms & Conditions
- 12 Fibre Connect (FTTN and FTTC only)
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A Fibre Connect Order means a request to change the Service to the NBN Fibre (FTTP) network.
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Eligible locations are determined by NBN Co.
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We do not guarantee that the Fibre Connect Order will be successful.
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When ordering Fibre Connect the Customer must select a plan that meets the minimum speed tier requirement of nbn 100/20.
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If within twelve (12) months of the Fibre Connect Order being completed, the Customer requests a plan change that does not meet the minimum speed tier requirement, or cancellation of the service occurs for any reason including reconnection or relocation, a once off $220 Fibre Connect cancellation fee will apply, due and payable immediately.
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The Fibre Connect cancellation fee is independent of any other cancellation fee that may apply for cancellation of the service prior to the contract end date as outlined in clause 10.
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The Fibre Connect cancellation fee is charged to us by NBN Co and is passed through to you at cost.
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A Fibre Connect Order requires installation of a new Service and disconnection of the original Service.
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Both Services remain active and chargeable until such time as a cancellation request for the original Service is received by IT’S FUBAR. If no Cancellation request is received, the original Service will be automatically cancelled twelve (12) months after completion of the Fibre Connect Order.
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The Customer is responsible for obtaining suitable alternate CPE and/or re-configuration of CPE, if required, upon completion of the Fibre Connect order.
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- 13 Fixed Wireless
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Limitations on Fixed Wireless Service
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It is inherent in fixed wireless technology that there must be a direct line of sight between the fixed transmission tower or base station and the equipment at your premises. Without line of sight, the Service may be impaired or entirely blocked.
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Line of sight may be limited or prevented by many factors, including growing trees, construction of buildings or other structures and changes in landscaping.
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Maintenance of line of sight
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The factors that may interfere with line of sight are beyond our control. If the circumstances of your property change so that line of sight is impaired or entirely blocked:
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you are solely responsible for restoring line of sight;
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if you are unable to do so, we are not obliged to supply the Service; and
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if you are unable to do so within 30 days, we may terminate your Contract.
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In spite of this clause, we may agree to carry out additional works, at your expense, to restore line of sight.
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Other interference
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A Fixed Wireless Service may be impaired or entirely blocked:
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if an external source causes radio interference (e.g. another transmitter, baby monitors, audio/video senders, wireless microphones or Wi-Fi equipment that use the same frequencies as the Fixed Wireless Service);
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by unfavourable atmospheric or other environmental conditions e.g. heavy rain, iced antennae and solar flares;
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by conditions that result in anomalous propagation of radio signals e.g. temperature inversions;
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if transmission equipment including CPE is damaged e.g. by birds, pests, lightning, weather or other causes;
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if CPE is damaged, moved or realigned;
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if CPE does not receive continuous, suitable power or is not protected from power surges;
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by new or altered buildings, structures or vegetation that interfere with line of sight;
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by jamming equipment or other technical disruptions;
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by falling trees - (Adverse Impacts).
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Termination in case of Adverse Event
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If there is an Adverse Event that is not cured within 30 days, we may terminate your Contract.
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Spectrum arrangements, including cost
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To provide the final link of a Fixed Wireless Service, we use wireless 'Class Spectrum' that is available at no cost, but is subject to various rules and limitations.
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We may be unable to continue to provide the Service if:
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the Government withdraws access to Class Spectrum in your area;
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rules applicable to Class Spectrum change (e.g. permitted transmitter power levels are reduced); or
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it becomes necessary to use 'Licensed Spectrum' (for which Government charges apply) and you are not willing to pay those charges.
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Customer Premises Equipment
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About CPE
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In connection with the Service, equipment such as antennae and electronic equipment (CPE) will be installed at your property.
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Your CPE responsibilities
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You must at your own cost:
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take all reasonable steps to ensure that Adverse Impacts do not affect CPE;
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take all reasonable steps to promptly remedy any Adverse Impact that does affect CPE;
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take all reasonable steps to keep CPE safe and secure;
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ensure that CPE receives continuous, suitable power and is protected from power surges;
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promptly report to us any damage to or movement or realignment of CPE;
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promptly report to us any event or circumstance that may cause CPE to be or become unstable or otherwise unsafe;
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regularly externally inspect CPE;
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allow us access to your property to install, inspect, maintain, adjust or replace or remove CPE as required (whether or not it is currently faulty); and
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repair any damage suffered by CPE (whether from lightning strike or other causes).
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You must not:
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interfere with CPE without our written permission, or allow anyone else to do so;
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remove or deface any label, sticker, signage or other visual information on CPE;
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attach any additional antenna, amplifier, repeater, booster or similar equipment to CPE without our prior written approval, or otherwise than in accordance with any conditions of approval we specify; or
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attempt to alter, reconfigure, move, realign or operate CPE except as directed by us.
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Ownership and control of CPE
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Unless we expressly transfer title of CPE to you:
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it remains our property.
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We may enter your property on reasonable notice to install, inspect, maintain, adjust or replace or remove CPE as required (whether or not it is currently faulty).
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If you sell your property (including by way of subdivision), you must:
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notify us; and
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ensure that the buyer is aware of, and complies with, all your positive and negative obligations with respect to CPE.
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If you lease your property, you must ensure that the tenant is aware of, and complies with, all your positive and negative obligations with respect to CPE.
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Your positive and negative obligations with respect to CPE apply to your estate in the event of your death.
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Power supply
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Your CPE requires continuous, suitable power to operate. In the event of a power outage:
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your Service will not work;
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you will not be able to make voice calls or use data services.
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We are not obliged to supply a backup battery for CPE but if we do:
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you must ensure that it remains in good condition and adequately charged at all times;
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you must operate, house and maintain it in accordance with all directions from the manufacturer, distributor and us;
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you must contact us to request a replacement at its end of life (as specified by its manufacturer or distributor).
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Liability
Subject to the Consumer Guarantees (where they apply):
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we are not liable for Adverse Impacts or their effects;
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we exclude all liability for or in connection with CPE, including its installation;
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we are not liable for the effects of lightning strikes via CPE;
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we are not liable for the effects of the radio waves by which the Service operates;
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you must indemnify us against any Contract Loss arising in connection with CPE; and
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we are not liable for impairment of the Service by natural causes or malicious or accidental damage to CPE or other equipment.
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Prohibited conduct
You must not:
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interfere with CPE without our written permission, or allow anyone else to do so;
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remove or deface any label, sticker, signage or other visual information on CPE;
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attach any additional antenna, amplifier, repeater, booster or similar equipment to CPE without our prior written approval, or otherwise than in accordance with any conditions of approval we specify; or
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attempt to alter, reconfigure, move, realign or operate CPE except as directed by us.
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Other requirements
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If you sell your property (including by way of subdivision), you must:
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notify us; and
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ensure that the buyer is aware of, and complies with, all your positive and negative obligations with respect to CPE.
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If you lease your property, you must ensure that the tenant is aware of, and complies with, all your positive and negative obligations with respect to CPE.
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Your positive and negative obligations with respect to CPE apply to your estate in the event of your death.
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You are solely responsible for dealing with any neighbour or other person who objects to the presence, positioning or appearance of CPE.
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If you acquire a Service at a property of which you are a tenant, you must obtain your landlord’s written consent to the installation of any CPE and Transmission Equipment, in a form we specify.
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With your consent, we may install on your property equipment (Transmission Equipment) that we use to supply services to properties other than your own (just as the Service we supply to you may rely on equipment installed on properties other than yours). By consenting to the installation of Transmission Equipment at your property, you agree:
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that we have a perpetual, irrevocable, assignable licence to install, maintain and operate the Transmission Equipment at your property; and
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that clause 13(f) applies to the Transmission Equipment as if it was CPE.
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Where we supply Service to a Multi Dwelling Unit / Multi Business Tenancy:
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we shall determine the architecture of the Service. We normally use a single point of access ("single drop") but we may do otherwise; and
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it is a condition of Service that:
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suitable space/s in the premises (Equipment Space) be made available to us (by a perpetual, irrevocable, assignable licence) to install, maintain and operate any CPE and/or Transmission Equipment used in connection with a Service; and
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the owner of the Equipment Space agrees that clause 13(f) applies to our equipment in the Equipment Space as if the owner was you and the equipment was CPE or Transmission Equipment.
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