wirelessFibre Service Description

1. About The Wirelessfibre Broadband Service Description

The terms and conditions contained in this Service Description are additional to, and should be read in conjunction with, Standard Terms & Conditions (as applicable).

Use of the Melbourne ISP wirelessFibre Broadband (Service) is subject to this Service Description and:

• the Standard Terms & Conditions, including the other documents listed in the Standard Terms & Conditions;

2. Definitions

Network Boundary Point means the Subscriber Data Adapter (SDA), which supplies power to the Melbourne ISP supplied radio equipment and an Ethernet connection to your router.

Premises means the location where you intend to use the Service.

Service means an Melbourne ISP wirelessFibre Broadband Service.

Warranty means the Melbourne ISP wirelessFibre Broadband Warranty available on our Website.

3. Overview Of The Service

The Service is a broadband internet service available in certain suburbs in West of Melbourne, Victoria. Customers require the professional installation of a fixed directional antenna and specific radio equipment to access the Service.

The Service offers end to end connectivity from the Network Boundary Point of the Premises to us and through us to either the global internet or Private IP-VPN Services.

We will supply the Service to the Network Boundary Point. You will need to provide an internal domestic AC 240V socket-outlet for the Subscriber Data Adapter. Any equipment or cabling connected to the Network Boundary Point is your responsibility and subject to the requirements of the ACMA wiring rules (AS/ACIF S009:2006). You agree to arrange and pay for the services of an ACMA licensed cabler for all premises cabling that you require that is not included in a standard installation, such as that used to connect new or existing data sockets in your premises to the Network Boundary Point.

Customer end equipment is maintained and operated by you and remains your property beyond the termination of any service agreement with us. Equipment supplied by us as part of the installation of the Service has a 2 year Warranty. All other equipment must be maintained by you and is solely your responsibility.

4. Service Establishment

4.1 Property Owner Consent

The installation involves physical work at your Premises. It is a condition that you are the owner of the Premises, or have obtained the consent of the Premises owner.

4.2 Site Survey

Before the Service can be installed, a site survey must be undertaken at your Premises to determine if we are able to provision the Service. If the site survey is successful, installation of the Service will proceed, subject to clauses 4.4 and 5 below.

4.3 Standard Installation

At the completion of the site survey, the technician will advise you whether the Service may be provisioned with a standard installation. A standard installation includes:

• required hardware including radio equipment, up to a 3 metre mast, antenna, 20 metres of cabling and up to 2 hours of labour for the installation;
• a fully-configured Ethernet router (optional as you may have your own);
• establishment of your broadband account; and
• a two year Warranty on all components of the standard installation.

4.4 Non-Standard Installation

At the completion of the site survey the technician will advise if your Premises requires a non-standard installation, requiring additional materials or labour, to provision the Service. Additional requirements for a non-standard installation may include a higher mast, additional cabling or customer requirements. The survey technician will provide a quote for non-standard installations. If you do not want to accept any additional costs you may decide not proceed at that time.

5. Speed Information

The Service can deliver peak download/upload speeds up to 100,000 kbps / 40,000 kbps (100Mbps/40Mbps). However, depending on the technology used to provide your Service and a number of other factors (including distance, terrain, atmospheric conditions and the number of users connected at the time), at any specific time your actual speed is likely to be less than the theoretical maximum for the technology available for your connection. You should normally be able to get speeds of at least 50,000 kbps / 20,000 kbps. Further information is available on our Website.

Actual expected speeds for your Service will be estimated and communicated to you during the site survey process prior to installation. You may elect to proceed or not once you have that information.

6. No Service Level Guarantees

No service-level commitment is generally available with the Service, and while we will use our best endeavours to provide a timely response to customer fault reports, no guarantee is offered in respect of the time to:

• provision the Service;
• detect faults with the Service; or
• repair or restore the Service if it has developed a fault.

If a Business Plan is purchased by you in conjunction with the Service then the service levels contained in the Business Plan will apply to the Service.

The service is provided “as is” and you agree that our liability in relation to the Service is limited under our Standard Terms & Conditions (as applicable). In addition you release and indemnify us from all liability (including third party claims) arising from:

• cancellation of the Service for any reason; or
• suspension of the Service to particular Internet Protocol (IP) addresses.

A Service that has permanently ceased to work (or is no longer able to be offered) will result in the cessation of all forward service charges to you.

7. General Conditions

7.1 Service Queries and Fault Reports

You must direct all fault reports, service queries and performance queries regarding the Service to us and not to our wholesale provider or any other third party.

7.2 Customer Obligations

You agree that you will not tamper with or attempt to repair any of the hardware used to provide the Service that is included in the installation at the Premises.

8. Content

You are responsible for determining the content and information you choose to access on the Internet when using your Internet Service.

It is your responsibility to take all steps you consider necessary (including the use of filtering programs) to prevent access to offensive or obscene content on the Internet by children or minors who you allow to use your Internet Service. You may obtain further information on content filtering products at the Internet Industry Association (IIA) website.

You must not use or attempt to use your Internet Service to make inappropriate contact with children or minors who are not otherwise know to you.

You are responsible for any content you store, send or distribute on or via our Network and systems including, but not limited to, content you place or post on web pages, email, chat or discussion forums, bulletin boards, instant messaging, SMS and Usenet news. You must not use such services to send or distribute any content which is prohibited, deemed obscene or offensive or otherwise unlawful under any applicable Commonwealth, State or Territory law, including to send or distribute classes of restricted content to children or minors if that is prohibited or an offence under such laws.

Your failure to comply with these requirements may lead to immediate suspension or termination of your Internet Service without notice. If we have reason to believe you have used your Internet Service to access child pornography or child abuse material, we are required by law to refer the matter to the Australian Federal Police.

9. Regulatory Authorities

You must label or clearly identify any content you generally make available using your Internet Service in accordance with the applicable classification guidelines and National Classification Code (issued pursuant to the Classification (Publications, Films and Computer Games) Act 1995 (Cth)) or any industry code which applies to your use or distribution of that content.

Commonwealth legislation allows the ACMA to direct us to remove from our Network and servers any content which is classified, or likely to be classified, as 'prohibited' content. We also co-operate fully with law enforcement and security agencies, including in relation to court orders for the interception or monitoring of our Network and systems. Melbourne ISP may take these steps at any time without notice to you.

You must not hinder or prevent us from taking all steps necessary to comply with any direction from ACMA or any other law enforcement or security agency. You acknowledge that Melbourne ISP reserves the right to limit, suspend or terminate your Internet Service if there are reasonable grounds for suspecting that you are engaging in illegal conduct or where use of your Internet Service is subject to any investigation by law enforcement or regulatory authorities.

10. Complaints

10.1 Complaints about content

If you have a complaint about content accessible using your Internet Service you may contact the ACMA by filling out an online complaint form at acma.gov.au, emailing online@acma.gov.au or faxing your complaint to the ACMA Content Assessment Hotline Manager on (02) 9334 7799. Please note that all complaints to ACMA must be in writing. You may also report a complaint about content by emailing us at support@melbourneisp.com.

10.2 Complaints about Spam

All internet and email service providers are required by the Internet Industry Code of Practice to maintain an "abuse@" email address (or other email address as notified by the service provider) to allow end users to report Spam. If you think you have been sent Spam by an Melbourne ISP subscriber, you may report it by following the procedure set out in our [Fact Sheet: How to Report Spam. You may escalate a report to a complaint by following the procedure set out in our [Fact Sheet: How to Complain About Spam. If you think you have been sent Spam by a subscriber of another internet or email service provider, you may report it by emailing that service provider at their "abuse@" email address or other email address as notified by the service provider for that purpose.

You can report or make a complaint about Spam you have received by contacting the ACMA by filling out an online complaint form at acma.gov.au or via the ACMA Spam Reporting System SpamMatters.

You may also make complaints to other bodies about Spam where the content is in some other way offensive or contrary to law. For example, you may complain to the ACMA about Spam that contains content you believe is offensive or relates to online gambling.

You can report a Spam message that contains fraudulent or misleading and deceptive content (for example, email scams) to the Australian Competition and Consumer Commission (ACCC) via the ACCC website by phoning 1300 302 502 (business hours, Monday to Friday).

The Australian Securities and Investment Commission (ASIC) also deals with certain complaints about the contents of Spam messages, particularly with regard to fraudulent conduct by Australian businesses. The ASIC website outlines the types of complaints they deal with, and has an online complaint form: www.asic.gov.au (click on 'Complaining About Companies or People').

If you are concerned that your personal information has been misused to send you Spam, the Federal Privacy Commissioner recommends that you complain to the organisation first, especially if you know how to contact it and have had dealings with it in the past about other goods or services. If the matter is not resolved adequately, you can visit the Federal Privacy Commissioner's website for details on how to make a complaint.

11. Suspension or Termination

Melbourne ISP reserves the right to suspend your Internet Service if you are in breach of this Policy, provided that we will first take reasonable steps to contact you and give you the opportunity to rectify the breach within a reasonable period. What is reasonable in this context will depend on the severity of the problems being caused by the breach (for example, if you commit a serious or continuing breach, it may be reasonable to immediately suspend your Internet Service without notice to you).

If we notify you of a breach of your Spam Obligations, we will, at your request and to the extent we are reasonably able, supply you with information as to the nature of open relays and suggested resolutions to assist you to comply with your Spam Obligations.

Our right to suspend your Internet Service applies regardless of whether the breach is committed intentionally, through misconfiguration, or by other means not authorised by you including but not limited to through a Trojan horse or virus.

If your Internet Service is suspended and the grounds upon which it was suspended are not corrected by you within seven days, we may terminate your Internet Service. In the event your Internet Service is terminated, you may apply for a pro rata refund of any pre-paid charges for your Internet Service, but we will have the right to levy a reasonable fee for any costs incurred as a result of the conduct that resulted in the suspension.

12. Changes

Melbourne ISP may vary this Policy by giving you notice by email to the email address notified by you or otherwise in accordance with the notice provisions of your service agreement with us. Your continued use of your Internet Service after such notice will constitute acceptance of the variation.