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Critical Information Summary - Internet
CRITICAL INFORMATION SUMMARY – RESIDENTIAL INTERNET
Clublinks Telecommunications (‘Clublinks’) provides internet services on our fibre optic network. Before any services can be connected the fibre must first be connected to the home. For a Services Connection Application, go to telecommunications.clublinks.com.au/internet or call us on 1300 880 809 or email firstname.lastname@example.org.
Information About the Service
The Clublinks’ Telecommunications Internet service is a pure ethernet connection to the fibre optic network. A telephone line is not required to deliver internet services. If you require more than one PC to be active you will need a router. Depending on how many devices you wish to connect via ethernet cable or WiFi connection in your home you may need technical advice. Please discuss any specific needs with Clublinks Telecommunications staff by calling 1300 880 809. They can provide a quotation and/or advice that will allow you to achieve your in-house network requirements.
Internet and telephone services are ordered separately, unless a Clublinks bundle is specified in your order.
You may purchase and program a router yourself or you may wish to order a Clublinks recommended router via your Service Connection Application form.
The minimum contract term is usually one month, unless otherwise agreed via a contract, term and is invoiced on the 1st and payable on the 15th of each month by direct debit. The service will continue monthly until cancelled in writing by the customer.
Information About Pricing
An internet service may be classified as:
New Connection: Fibre optic cable and equipment needs to be installed. Depending on the estate different charges may apply for the connection to the fibre optic network, subject to the land sales agreement with the developer and individual site requirements.
New Service: Fibre optic cable has been installed to the home, but no equipment has been installed and/or no previous Clublinks Telecommunications service has been active at the premises.
Reconnection: Fibre optic and telephone equipment is already installed, and a Clublinks Telecommunications service has been active at the premises previously.
Service Connection Charges
A discount of $30 is offered on connections if internet and telephone services are installed at the same time.
Internet Usage Plans
The following information includes the details of all current internet usage plan charges. Our website also contains links that can allow you to keep track of your usage at any time and hints that can help you to predict and control the amount of usage.
This information is important if you wish to exercise control over your monthly spend on internet services (details of the web link to access your account is shown in the Other Information/Data Usage section of this document).The currently available Internet usage plans are:
Clublinks Telecommunications may change charges and/or quota limits. Advice of any changes will be provided on our website and in writing to customers 30 days prior to any changes to accounts and charges.
Acceptable and Fair Use
To safeguard the security and integrity of the infrastructure and systems that Clublinks use and to maintain them consistently for the benefit of all users, acceptable use of the network and services is expected. If a customer fails to comply with the conditions set out in the Clublinks Telecommunications Terms & Conditions – particularly unlawful, destructive or malicious actions or usage which damages, interferes or interrupts the service, we may suspend or cancel some or all services.
A full explanation of unacceptable conduct is described in Section 7 of the Clublinks Telecommunications Terms & Conditions document which can be found at telecommunications.clublinks.com.au.
Internet Information Notes
1. Uploads and downloads are counted into the quota limit.
2. Internet speed – Users can expect to obtain speeds up to the maximum speed indicated with the corresponding plan. Your equipment and software can also contribute to slower speed. Download speeds on devices connected via WiFi may be slower than devices connected by ethernet cable. Please consult the web page for advice on usage and how speed can be affected. Or you can call Clublinks Telecommunications 1300 880 809 (option 3) or email email@example.com to request assistance.
3. An email warning is sent within an hour when your usage reaches 50%, 85% and 100% of your available quota. Clublinks Telecommunications throttles back the speed to the shaped speed indicated with the corresponding plan. Your quota includes both upload and download. No excess usage is charged.
4. Plan termination – A plan can be terminated at the end of any month without penalty on receipt of written notice from the customer, unless a minimum contract term applies.
5. Plan upgrade – A plan can be upgraded at any time and the new plan will take effect immediately when the change is made via our online customer portal.
6. Plan downgrade – A plan may be downgraded, however the current plan quota and charge will apply for the current and next month (e.g. If you downgrade from Advanced to Family during October, the new charges will apply on the 1st of December).
Monthly Billing and Payment
Please indicate a preferred email address for your monthly invoice in the Services Application Form. Clublinks Telecommunications invoices monthly in advance for plan charges. The account is sent by email to your designated email address on the 1st of each month. Payment is to be made by direct debit from bank account or credit card nominated in your application form. This payment is deducted 14 days after the account has been emailed to you. If you have any complaint about the billing or the service provided or you are experiencing any financial hardship, please call our service team on 1300 880 809 and discuss the matter prior to the due date for payment.
If your direct debit is declined a dishonour fee of $15 will be charged to your account. Repeated dishonours of direct debit will result in contract termination.
Clublinks Telecommunications is unable to facilitate the use of internet services from other telecommunications suppliers on our fibre optic network.
To assist you to manage your data usage, the last 24 hours, week to date, month to date and the previous months (up to six months) usage figures are available through the Clublinks Telecommunications Account Management portal.
To view your data usage, login to your account at portal.clublinks.net.au
To access your account for the first time, you will need to reset the password using the ‘forgot password’ link on the login page. The billing email address that you selected on the application form is the username and you can create any password. If you experience any difficulty please call our service team on 1300 880 809.
Telecommunications Industry Ombudsman (TIO)
If you utilised the ‘Complaints Handling Process’ to inform Clublinks about a complaint and after the appropriate response time, you feel that you have not had your service or complaint resolved satisfactorily, you may escalate the matter to the Clublinks General Manager of Telecommunications via email at firstname.lastname@example.org or alternatively contact the TIO making reference to the ticket reference number for your complaint:
TIO Contact Details
Telephone: 1800 062 058
Mail: PO Box 276, Collins Street West VIC 8007
Fax: 1800 630 614
Please visit telecommunications.clublinks.com.au to view our Complaint Handling Process
Once we have accepted your application, we will try to connect your home service on the date that you requested; however this may not always be possible.
New Build: If your home is a new build, we need to ensure that your builder has built the home to the technical specification required for fibre optic connection. Remedial work may need to be completed by your builder. When the home is approved for connection, we will need to book the fibre connection contractor to connect the fibre optic network to your home. This approval process can take up to three weeks, so it helps if you involve us in the process a few weeks before your move in date.
Existing home already connected to the fibre optic network: Our aim is to install your service within two days of receipt of your completed application.
Customer Service Contact Details
For customer service, technical support or to lodge a complaint, please call 1300 880 809. This number is attended during the hours of 9:00am to 7:00pm Monday to Friday except public holidays. A voice recording system is provided for messages outside these times. A technician will call within four hours on the next working day. On weekends and public holidays our weekend support team can be contacted via the standard phone number 1300 880 809, selecting option 3. Please leave a message that includes a short description of the problem and your contact details. The message will be reviewed by the on-call technician. The technician will return your call to confirm that action is being taken in response to your service request or to advise if the issue will require any remediation including site attendance on the next business day.
Terms & Conditions
Terms and Conditions
Clublinks Telecommunications Pty Ltd ACN 114 234 338 and its related bodies corporate provide a variety of telecommunications services to consumers, including telephony as well as connection to the internet. Any application made by you for services is subject to acceptance by Clublinks Telecommunications and these Terms and Conditions.
Clublinks Telecommunications offers services which mean it is acting as an Internet Service Provider (ISP) as defined by the Broadcasting Services Act 1992 (Broadcasting Act) and as a Content Service Provider as defined by the Telecommunications Act 1997 (Telecommunications Act).
Clublinks Telecommunications abides by the Internet Industry Codes of Practice (Codes), including those released by the Internet Industry Association (IIA) and registered by the Australian Communications and Media Authority (ACMA).
Clublinks Telecommunications does not actively filter internet content, and we therefore encourage all customers to ensure they have installed appropriate antivirus, security and content filtering software for their circumstances.
Clublinks Telecommunications’ services are designed to be utilised and enjoyed by customers in a fair and equitable manner, and are provided subject to reasonable usage provisions and these terms and conditions. Customers of Clublinks Telecommunications should be aware that in addition to these terms and conditions, use by customers is also subject to all applicable laws.
1.1. Agreement means these Terms and Conditions and any variations or further Terms and Conditions accepted by you from time to time.
1.2. Australian Privacy Laws means the Privacy Act 1988 (Cth).
1.3. Business Day means a day that is not a Saturday, Sunday or any other day which is a public holiday or bank holiday in Melbourne, Victoria.
1.4. Business User means any business which enters into a Customer Plan agreement with Clublinks Telecommunications.
1.5. Carriage Service has the same meaning as in the Telecommunications Act 1997 (Cth).
1.6. Clublinks Telecommunications is a reference to Clublinks Telecommunications Pty Ltd (A.C.N. 114 234 338) and includes any of its related bodies corporate (as that term is defined in the Corporations Act).
1.7. Codes means the Internet Industry Codes of Practice released by the Internet Industry Association (IIA) and registered by the Australian Communications and Media Authority (ACMA).
1.8. Commencement of Service means the date on which Clublinks Telecommunications starts supplying the Service to you, or is deemed to do so.
1.9. Content means all forms of information and, without limitation, includes text, pictures, animation, video and sound recording, separately or combined, may include computer software, computer games, within the meaning of the Classification (Publications, Films and Computer Games) Act 1995 (Cth) and includes a “Content Service” within the meaning of the Telecommunications Act 1997 (Cth).
1.10. Content Service has the same meaning as given by the Telecommunications Act 1997 (Cth).
1.11. Content Service Provider has the same meaning as given by the Telecommunications Act 1997 (Cth).
1.12. Credit Card means any credit or charge card accepted by Clublinks Telecommunications as a form of payment from time to time.
1.13. Customer Plan means the Clublinks Telecommunications product or service type chosen by you.
1.14. Customer Service Centre means Clublinks Telecommunications support line 1300 880 809 or email@example.com.
1.15. Direct Debit means an automatic method of payment which involves regular deposits made by the customer to a Clublinks Telecommunications nominated bank account.
1.16. Direct Deposit means a method of payment which involves a deposit made by the customer to a Clublinks Telecommunications’ nominated bank account.
1.17. GST has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
1.18. IIA means the Internet Industry Association (ACN 071 075 575).
1.19. IP Address means an Internet Protocol address.
1.20. ISP means Internet service provider.
1.21. Network refers to any infrastructure owned and/or operated by Clublinks Telecommunications.
1.22. Peak Periods means periods of time during which the highest utilisation of service capacity is utilised by customers.
1.23. Personal Information means information about you from which your identity is apparent or can reasonably be ascertained including your name, address, telephone number and other details relating to your personal or commercial credit information or credit rating.
1.24. Personnel means any person or persons who are employed by, or who are authorised to act on behalf of Clublinks Telecommunications.
1.25. Potential Prohibited Content has the same meaning as in the Codes.
1.26. Prohibited Content has the same meaning as in the Codes.
1.27. Premises means the location or building to which this Service will be provided and the land at that location or on which the building stands.
1.28. Related Corporation of an entity means a body corporate that is related to that entity in any of the ways specified in section 50 of the Corporations Act 2001 (Cth).
1.29. Services means the Services set out in the Customer Plan chosen by you, and which may be varied by Clublinks Telecommunications in accordance with this Agreement.
1.30. Service Charges means the charges for the Services as set out in the applicable Customer Plan and as advised to you by Clublinks Telecommunications from time to time in accordance with this Agreement.
1.31. Tax means any value added or goods and services tax, withholding tax, charge (and associated penalty and interest), rate, duty or impost imposed by an authority but does not include any income or capital gains tax.
1.32. Terms and Conditions means this ‘Terms, Conditions & Acceptable Use Policy’ agreement.
1.33. “User”, “you” or “your” means any customer, account holder or any other person or device that connects to our network for the purpose of gaining access to services we provide.
1.34. “We” and “ours” refers to Clublinks Telecommunications and its Related Bodies Corporate.
1.35. In this Agreement, unless otherwise indicated by the context: a. words importing the singular include the plural and vice versa; b. headings are for convenience only and do not affect interpretation of this Agreement; c. a reference to a clause, paragraph or schedule is a reference to a clause, paragraph or schedule of this Agreement; d. where any word or phrase is given a definite meaning in this Agreement, any part of speech or other grammatical form of that word or phrase has a corresponding meaning; e. an expression importing a natural person includes a body corporate, partnership, joint venture, association or other legal entity; f. a reference to a statute, statutory provision or regulation includes all amendments, consolidations or replacements thereof; g. a reference to a party to a document includes that party’s successors and permitted assignees; h. a covenant or agreement on the part of two or more persons binds them jointly and severally; and i. a reference to a body, whether statutory or not; ii. which ceases to exist; or iii. whose powers or functions are transferred to another body; iv. is a reference to the body which replaces it or which substantially succeeds to its powers or functions.
2.1. Clublinks Telecommunications will supply the Service on the Terms and Conditions of the Customer Plan for the Service.
2.2. By applying to use our Services, you agree to these Terms and Conditions, and all use by you of our services is subject to these Terms and Conditions. You are deemed to have accepted these Terms and Conditions upon your application to use our Services or your first use of our Services, whichever is earlier.
2.3. If you acquire more than one service from Clublinks Telecommunications, then each service will be provided under the Terms and Conditions of the Customer Plan for that service.
2.4. It is not possible to deliver the Service free from all faults. Clublinks Telecommunications endeavours to provide the Service using all reasonable care and skill.
2.5. Except as permitted by law and subject to clauses 2.4, 17, 18 and 20, Clublinks Telecommunications will endeavour to provide the Services twenty four hours a day, 7 days a week.
2.6. Clublinks Telecommunications’ only method of payment is by Direct Debit from your nominated bank account or Credit Card account.
3.1. In order to complete a registration form and apply for the Services, you must be at least eighteen years of age, and provide your correct name, current address and telephone number. A current driver licence showing your date of birth may also be required as part of determining your correct identity. You agree to immediately inform Clublinks Telecommunications of any changes to your personal details.
3.2. Your privacy will be respected at all times, however Clublinks Telecommunications may monitor or keep any records necessary that relate to your use of the Service as permitted by law.
4.1. Subject to these Terms and Conditions, Clublinks Telecommunications may vary the Services and Service Charges set out in the Customer Plan from time to time provided notices are sent to your nominated primary contact e-mail address and or by mail to your Mailing address.
- General conditions
5.1. The type of connection to be used for your Service will be identified in your Customer Plan.
5.2. You are responsible for the installation, use or any fees associated with any equipment or software that you may require in order to access the Services.
5.3. These services do not include, and Clublinks Telecommunications is under no obligation to provide any Domain Name, DNS, or Static IP address services to you. Availability of these services may be offered or withdrawn by Clublinks Telecommunications at our discretion, and may be provided subject to availability and additional subscription fees.
5.4. You agree not to sell or resupply, for reward or otherwise, the Services to any person.
5.5. Your use of, or subscription to, Clublinks Telecommunications (including any additional Services offered) constitutes acceptance of, and is governed by, these Terms and Conditions.
- Customer plans
6.1. All available customer plans are published on Clublinks Telecommunications’ website and are referenced on Clublinks Telecommunications’ application forms.
6.2. Plans are subject to Terms and Conditions.
6.3. Customer plans are subject to change and subscriptions to any customer plan may be limited to ensure appropriate network performance. Selected customer plans may be withdrawn when fully subscribed or otherwise at our discretion.
- Your conduct
7.1. You are responsible for all Service Charges relating to the Services provided by Clublinks Telecommunications to your Premises, whether those services were used by you, another person, or incurred as a result of any equipment connected to the service provided to you by Clublinks Telecommunications.
7.2. You must reasonably co-operate with Clublinks Telecommunications to allow Clublinks Telecommunications to establish and supply the Service to you safely and efficiently. This includes following Clublinks Telecommunications’ reasonable requests to provide Clublinks Telecommunications’ personnel with safe and prompt access to your premises, equipment, data and information.
7.3. You agree not to place, store or transmit software or information on our network or the internet which is unlawful, or attempt to access unauthorised areas of our network, or engage in any form of criminal, malicious, destructive or disruptive action against our network or the network of any other person.
7.4. You agree not to use the Service: a. to break any law or to infringe another person’s rights; b. to expose Clublinks Telecommunications to liability; c. in any way which damages, interferes with or interrupts the Service, or any telecommunications network, equipment, or facilities, or cabling controlled by Clublinks Telecommunications or any other internet service provider; and d. in any way which may damage any property or injure or kill any person.
7.5. You must not use, or attempt to use, the Service to transmit, publish or communicate material which is defamatory, offensive, abusive, indecent, menacing, unwanted or otherwise contrary to any applicable law.
- Service charges
8.1. You must pay the charges for the Service set out in the Customer Plan. Service Charges accrue from no later than the Commencement of Service.
8.2. Clublinks Telecommunications may charge you an additional amount in relation to any service, modification or repair of the Service or any equipment.
8.3. In calculating the Service Charges, Clublinks Telecommunications uses information generated or received by Clublinks Telecommunications or its suppliers. Clublinks Telecommunications may round up any charge to the nearest cent.
9.1. Clublinks Telecommunications will invoice you monthly, but reserves the right to amend the billing period.
9.2. Clublinks Telecommunications’ method of sending bills is via email to your e-mail address (as per Clublinks Telecommunications’ Customer records). Any alternative method of billing must be agreed upon by Clublinks Telecommunications.
9.3. The Service may be suspended if accounts are not paid within 21 days of issue.
9.4. Clublinks Telecommunications has the right to terminate the Service if payment of invoices are overdue.
9.5. You must pay all charges incurred in respect of the use of the Service and equipment, whether or not the Service was used by you or someone else without your authority.
9.6. Clublinks Telecommunications may charge you a late payment fee on overdue amounts of $15.00 per month. If the amount overdue is greater than $100.00, Clublinks Telecommunications may charge you a further amount of 2.2% above the rate prescribed under the Penalty Interests Rates Act 1983 calculated daily on the overdue amount. For Services that are suspended for non-payment, Clublinks Telecommunications may charge a suspension fee of $35.00.
9.7. Payment of monthly charges is payable by Direct Debit arrangement and Credit Card only. Telephone charges are debited on the 21st of each calendar month and Internet charges are debited on the 15th of each calendar month.
9.8. Where the Direct Debit due date falls on a non-working day or a public holiday, Clublinks Telecommunications will deduct the payment amount on the next business day.
9.9. If you wish to change your elected payment agreement (including your bank details), you must provide Clublinks Telecommunications with a new authority at least seven (7) days prior to the next due date for payment.
9.10. If your credit card has reached its expiry date, you must provide Clublinks Telecommunications with your new details at least seven (7) days prior to the next payment
9.11. Where your contract includes a minimum term and you elect to terminate your contract prior to the expiry date an early termination fee may be payable by you. The early termination fee payable by you will be calculated according to the term and remaining plan or the cancellation amount identified in the plan. This amount will be payable by you using your direct debit facility within 7 days of your cancellation notice being received in writing by Clublinks Telecommunications.
10.1. Service Charges do not include any amount on account of Tax unless otherwise stated.
10.2. If any Taxes are payable on the Service Charges, you must pay Clublinks Telecommunications an additional amount equal to the Taxes as included in your invoice.
11.1. GST a. Words used in this clause which have a defined meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning as in that Act unless the context otherwise requires. b. To the extent that the Services and any other supply made under or in connection with this Agreement is a taxable supply, the consideration for that supply is increased by an amount determined by Clublinks Telecommunications, not exceeding the amount of that consideration multiplied by the rate at which GST is imposed in respect of the supply. c. The amount so determined must be paid by you even if you dispute the determination, and you shall indemnify Clublinks Telecommunications in respect of any penalties that may apply in respect of the non-payment or late payment of any such GST owing. d. If an adjustment event occurs following a determination under clause 11.1(b) i. Clublinks Telecommunications must make a further determination of the amount of consideration payable; and ii. if the GST component of that consideration differs from the amount originally determined, the amount of the difference must be paid by, refunded to or credited to you, as the case may be, within thirty (30) days of the end of the billing period. e. Clublinks Telecommunications must issue to you a Tax Invoice which complies with the A New Tax System (Goods and Services Tax) Act 1999 (Cth) in the same calendar month in which payment of an amount of GST by you is due in accordance with clause 11.1(c).
- Privacy and personal information
12.1. During the subscription process, you will be asked to provide Clublinks Telecommunications with Personal Information and authorise Clublinks Telecommunications to obtain Personal Information about you to support your application to become a Clublinks Telecommunications customer and to conduct all relevant credit checks and searches to enable Clublinks Telecommunications to determine your credit worthiness.
12.2. Clublinks Telecommunications will endeavour to protect your Personal Information and will use the information to supply you with the Services under the Customer Plan.
12.3. Clublinks Telecommunications will collect and use Personal Information about you primarily for the provision of Services. As a secondary purpose, such Personal Information may be used for: a. billing and account management; b. business planning and development of Services; and c. to provide you with information about Clublinks Telecommunications Services, offers and promotions.
12.4. Clublinks Telecommunications may disclose Personal Information about you to any Related Corporation, supplier, dealer, contractor or franchisee of Clublinks Telecommunications for the purpose of providing or maintaining the Services.
12.5. If you choose not to disclose Personal Information, Clublinks Telecommunications may be restricted in the manner in which it is able to supply Services to you.
12.6. Your Service is covered by Australian Privacy Laws for your protection. You may be required to prove your identity before Personal Information or account changes will be discussed.
12.7. If you wish only to receive information that is account related or legally required and you do not wish to receive information about Clublinks Telecommunications Services, offers and promotions, you may choose to “opt out” of receiving such other information by contacting the Clublinks Telecommunications Customer Service Centre.
- Account Security
13.1. If you use a security password to access and modify your Service requirements, you are responsible for keeping the password confidential. You are responsible for any charges incurred as a result of the use of the password facility.
13.2 Clublinks Telecommunications may at its discretion, implement mandatory password complexity rules. We may also require you to change your password periodically.
13.3. Clublinks Telecommunications may at its discretion, temporarily alter or revoke access to any service (individual or otherwise) which appears to be compromised or is being misused, whether accidently or deliberately, or in contravention of these Terms and Conditions.
- Changing your plan
14.1. Unless you have elected to enter into a fixed term contract (or subscription period) you may request to change to a different internet plan by calling Clublinks Telecommunications’ Customer Service Centre or changing your plan on the customer portal. Outstanding Service Charges must be paid before any change of Service or Customer Plan will come into effect. Clublinks Telecommunications makes no representation that all customer plans will be available at all times. Waiting periods may also apply period to any change taking effect. Clublinks Telecommunications may change or cancel plans from time to time.
15.1. To cancel your Service, you must contact Clublinks Telecommunications’ Customer Service Centre and provide notice in writing, at least 7 days prior to the expiry of your current subscription period as outlined in your Customer Plan. If in writing, the notice must be signed by the account holder. To protect your security and privacy, e-mail cancellation requests must be verified and should not be considered received unless you receive a response outlining receipt of the email from us. Verbal requests to cancel your Service will not be processed.
15.2. Charges for Services will continue to apply for the entire billing period, and are not subject to pro-rata amendments if your Service or Customer Plan (internet or other plan) is cancelled or amended prior to the end of any billing period.
16.1. Clublinks Telecommunications may close, suspend or terminate your Service without refund or credit if in the opinion of Clublinks Telecommunications you are in material breach of these Terms and Conditions or in the event you exhibit abusive, threatening or violent behaviour and you will remain liable for all Service Charges owing under the Agreement.
16.2. You may terminate the Service if: a. Clublinks Telecommunications is in serious breach of this Agreement (it will be in serious breach if it breaches its obligation to use reasonable care in providing the Service); and b. You have notified Clublinks Telecommunications in writing of its breach and it has failed to remedy the breach within 30 days of your notice (if the breach can be remedied). If the breach is something which cannot be remedied, you may immediately terminate your Service with notice to Clublinks Telecommunications. c. Your internet service is used in contravention of acceptable usage policy as outlined in any of Sections 7.3, 7.4, and 7.5 of this agreement.
- Technical conditions
17.1. For customers on residential Customer Plans, network capacity during Peak Periods may become limited and performance may be variable as a result.
17.2. Clublinks Telecommunications may limit or block access to specific types of incoming connections to our network, or your availability to specific reach external sites and services where doing so in our opinion, is necessary to protect the integrity and security of our network and its subscribers.
- Our liability to you
18.1. Although Clublinks Telecommunications will use due care and skill in providing our Services to you we cannot promise that our Services will be continuous or fault-free. The following provisions are subject to non-excludable statutory guarantees, implied conditions or warranties under consumer protection laws that cannot be excluded which may apply to our Services.
18.2. Clublinks Telecommunications is dependent on external networks and data services and is not responsible for any inability to provide Services due to circumstances which are beyond its control.
18.3. Clublinks Telecommunications does not guarantee that access to any system, either internal or external will be available at any given time or that the files, information or Services will be fault or error free.
18.4. If you are a consumer as defined in the Australian Consumer Law, our goods and Services come with guarantees that cannot be excluded under that Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods supplied by us repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
18.5. Clublinks Telecommunications will be liable for breach of any non-excludable rights under consumer protection laws.
18.6. To the fullest extent permitted by law: a. Clublinks Telecommunications is not responsible for any indirect or consequential loss damage or injury in connection with any breach of obligation to you, including any loss of profit, or incidental loss, damage or injury arising from your use of the Service. b. as the Service is provided to you for the primary purpose of personal, domestic or household use, Clublinks Telecommunications is not liable to you for losses that result from the use of your Service in connection with the conduct of a business and Clublinks Telecommunications limits its liability to resupplying, repairing or replacing the relevant goods or services (or payment of the cost of resupply, repair or replacement) where it is fair and reasonable to do so; and c. Clublinks Telecommunications will have no liability for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract) and you must also take reasonable steps to avoid or minimise your loss.
18.7. The failure of Clublinks Telecommunications at any time to enforce or require the strict compliance of any provision in the Agreement shall not be interpreted as a variation of this Agreement.
18.8. You must only connect equipment that complies with relevant technical standards and other relevant requirements. For these standards see the Australian Communication Authority’s website at: http://www.acma.gov.au and you will be responsible for any loss, damage or inability to use services provided to you by Clublinks Telecommunications arising as a result of any noncompliant equipment connected by you.
18.9. Clublinks Telecommunications encourages end user empowerment with respect to managing Content and Security issues. You hereby acknowledge that as part of this Agreement, you understand that Clublinks Telecommunications is in no way responsible for any Prohibited Content, Viruses, or other malicious software that you or any other person receive by way of the Service provided to you or any other person by Clublinks Telecommunications.
- Complaints or queries
19.1. Should you ever be dissatisfied with the standard of the Services provided to you by Clublinks Telecommunications or in any way confused as to part of this Agreement, please direct such complaints or queries to the Customer Service Centre Clublinks will assign a representative to review your complaint within five (5) working days, then assess the complaint severity and attempt to correct any issue pertaining to the Service within thirty working (30) days.
- Force majeure
20.1. Clublinks Telecommunications will not be liable nor deemed to be liable to you for failure or delay in meeting any obligation due to strikes and/or lockouts (whether of their own employees or those of others and whether or not the party against whom such action is taken could have avoided the same by acceding to the demands of the employees responsible for such action) Acts of God, war, terrorism, crime, fire, flood, embargo, non-performance by our suppliers, power failures, litigation, acts of government or any agency instrumentality or any political subdivision thereof or any cause beyond the control of Clublinks Telecommunications.
20.2. In any such event, the time for performance of the obligations under this Agreement will be extended by the same period or periods (as the case may be) for which performance is delayed. Clublinks Telecommunications will use its best endeavours to avoid or remove such causes of non-performance and will continue performance hereunder with the utmost despatch as soon as such causes are removed. Nothing in this clause will be construed as requiring Clublinks Telecommunications to settle any industrial dispute.
21.1. This Agreement may be executed in any number of counterparts and all such counterparts taken together will be deemed to constitute one instrument.
22.1. If any clause or part of a clause of this Agreement is invalid, illegal, unlawful or otherwise is incapable of enforcement, that clause or part of a clause will be deemed to be severed from this Agreement and of no force and effect but all other clauses and parts of clauses of this Agreement will nevertheless prevail and remain in full force and effect and be valid and fully enforceable and no clause or part of a clause of this Agreement will be construed to be dependent upon any other clause or part of a clause unless so expressed.
- Governing law and jurisdiction
23.1. This Agreement is governed by the laws in force in Victoria, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria.
24.1. Clublinks Telecommunications may vary these Terms and Conditions at any time by giving you at least 5 days written notice, provided that: a. we provide clarification to you as to the variation or, subject to clause 24.2, by us giving you at least 4 weeks notice; and b. we will not change the monthly access fee, minimum monthly fee or any early termination fee that applies to your service during the term of any fixed length contract without your consent.
24.2. If we consider that we need to make urgent changes to these Terms and Conditions as required by law or which are necessary for security or technical reasons, we will endeavour to provide you with 3 days notice before implementing any change.
24.3. Clublinks Telecommunications may assign this Agreement at any time by giving you notice.
24.4. This Agreement is binding upon your successors, assignees, heirs, executors and administrators. If you are under the age of eighteen years and have failed to disclose this to Clublinks Telecommunications, then to the fullest extent permitted by law, this Agreement is legally binding on your parents or legal guardians.
(1) Internet Service
We define an Internet Connection as a single designated physical port on the Optical Network Termination Unit (NTU) which is ordinarily located in your garage, that when connected to, provides access to resources and services available on the Internet. This location is commonly and interchangably referred to as the “Network Boundary Point”, “Line of Demarcation”, or “Demarc Point”. This location also forms the boundary of where our responsibility as a Service Provider ends.
(2) Service Availability
Where Clublinks Telecommunications makes representations of expected service availability, we refer your Internet Service as defined in (1) Internet Service
(3) Service Speeds
Where we make representations about Internet Service connection speeds, any figures or benchmarks provided are to be understood as a maximum possible measure of speed and are not indicative of a minimum guaranteed speed, or that this speed will be available at all times. Where we refer to Connection Speeds, we mean your Internet Service as defined in (1) Internet Service.
(4) Customer Equipment
Where we refer to “Customer Equipment” or “Customer Premises Equipment (CPE)” we mean any equipment or infrastructure which physically occurs after the Network Boundary Point as defined in (1) Internet Service, which falls exclusively within the ownership and/or responsibility of the customer to manage, maintain, repair or replace..
Customer Equipment includes, but is not limited to;
- Internet connected devices such as; Computers, Tablet PCs, Mobile Phones, and Smart TVs.
- Peripheral computing devices such as; Printers, Scanners, and External Drives.
- Customer Network Equipment such as; Routers, Switches, and Wireless Extenders.
- Electrical Sockets and Electrical Supply to the property.
- Cabling and infrastructure which are part of the property, such as the cabling which runs through walls.
- Private Network Connections which can be either cabled or wireless connections that exist within your property, that provide connection between your devices and the Internet Service we provide, as defined in (1) Internet Service.
(5) Service Equipment
Where we refer to “Service Equipment” we mean any equipment or infrastructure which< provides the functionality to deliver your Internet Service, as defined in (1) Internet Service.
- Fibre Optic cabling installed by Clublinks Telecommunications or its authorised third party vendors.
- Fibre Optic NTU devices installed by Clublinks Telecommunications or its authorised third party vendors.
(6) External Networks
The Internet by its nature is a large number of interconnected networks which transport data traffic from an origin to a destination. This transport occurs by sending data traffic via a number of privately owned networks which fall outside the control of Clublinks Telecommunications. On occasion, for a number of reasons such as planned or unplanned outages and malicious activity, networks which exist between Clublinks Telecommunications and your intended destination may experience outages or service limitations which can result in your attempts to access specific websites or services being reduced in speed or not accessible.
(7) Service Responsibilities
We are responsible for ensuring the correct operation of your Internet Service as defined in (1) Internet Service except where;
- There is physical damage to our Service Equipment, as defined in (5) Service Equipment
where the damage was not caused by Clublinks Telecommunications, or a vendor we have authorised to perform works on our Service Equipment.
- The fault is outside of our control, such as existing within an External Network as defined in (6) External Networks.
- The fault or disruption is caused by an outage, fault or other irregularity in the mains power supply.
- The fault or disruption is caused by an act of criminality or terrorism.
- The fault or disruption is caused by an act of god.
Where a fault or disruption is caused by Physical Damage to the Service Equipment we have installed in your premises, you may be required to contribute some or all of the cost of any rectification works to restore service functionality.
(8) Customer Equipment Faults
A “Customer Equipment Fault” means any technical difficulty experienced with equipment or infrastructure as defined in (4) Customer Equipment which is not a fault with the Internet Service as defined in (1) Internet Service and falls outside the responsibility of Clublinks Telecommunications as a Service Provider.
(9) Repairing Customer Equipment Faults
In the event that Clublinks Telecommunications are engaged by you to perform rectification works on Customer Equipment Faults as defined in (8) Customer Equipment Faults you will be charged on a time and materials basis, which incorporates a minimum one hour attendance fee.
Where Clublinks Telecommunications installs or replaces equipment, this will be covered by a twelve (12) month warranty.
Where the Customer Equipment Difficulty pertains to assistance with a non-physical connection medium and uses a part of the frequency spectrum that does not require licensing with the Australian Communications and Media Authority (ACMA) and can be considered “Open Public Use”, Clublinks Telecommunications cannot make any guarantee of success with regard to rectifications works, or that should rectification works prove successful, that you will continue without fault or difficulty going forward.
Some examples of non-physical connection mediums, which can be considered “Open Public Use” include, but are not limited to;
- Wireless Networking (also referred to as “WiFi”)
In the event that we are unable to assist you with a Customer Equipment Fault we may refer you onward to a third party for further assistance, in this case it should be considered that any products or services provided by the third party to you are independent of Clublinks Telecommunications, and constitute a direct relationship between you and that vendor. This includes any warranties, guarantees and/or future support in relation to that product or service.