Terms, Conditions & Service Agreements

Residential ADSL Terms and Conditions

TERMS

• Relationship between connection speed, expressed in kilo-bits per second (kbps) and download speeds, expressed in kilo-bytes per second (KB/s) is as follows: 1KB/s = 8kbps. For example, maximum theoretically possible download rate of 256kbps connection is 32KB/s.
• 'Included Data' is amount of data that can be transferred on the particular plan before excess data is charged or usage restrictions apply.
• 'Excess Data' is any data transferred on the particular plan after the included data amount is exceeded. (Not applicable to 'flat rate' plans.)
• Unless specified otherwise, 'Included Data', 'Excess Data', 'Download(s)', 'Data Transfer', 'Data Usage','Usage (MB and/or GB)' mean data transferred in the single direction of Customer inbound (downstream) data flow. This includes ALL communications, including (but not limited to) web sites visited, emails received, multimedia (video,audio,music and TV streamed), online games, software and any other files downloaded.
• For the purposes of calculating usage, 1 Gigabyte (GB) = 1000 Megabytes (MB), 1 Megabyte (MB) = 1000 Kilobytes (KB), 1 Kilobyte = 1000 Bytes.
• ADSL connection speeds are specified in a downstream/upstream format. For example, 1.5Mbps/256kbps represents the maximum speed achievable of up to 1.5 Mbps (mega bits per second) downstream and 256 kbps (kilo bits per second) upstream. The actual speeds for a customer are slower and vary due to many factors including overall network load, the plan selected, the capacity and popularity of websites and computer configuration. About 90% of customers on 256kbps, 512kbps and 1.5Mbps services can achieve speeds close to their connection maximum speed, however the minimum speed guaranteed is equal to 50% of the respective maximum connection speed.
• Fast ADSL speeds of 8Mbps downstream and 384kbps upstream are theoretical maximum download and upload speeds achievable. Your actual achieved speed may vary substantially depending on a number of factors including network configuration, line quality & length, exchange type, customer premises interference, traffic and equipment. About 70% of customers on the 8Mbps service can access speeds around 6Mbps or more, however, the minimum guaranteed speed on this type of service is 1.5Mbps.
• ADSL/ADSL2+ speeds of 20Mbps downstream and 1Mbps upstream are theoretical maximum download and upload speeds achievable. Your actual achieved speed may vary substantially depending on a number of factors including network configuration, line quality & length, exchange type, customer premises interference, traffic and equipment. About 50% of customers on the 20Mbps service can access speeds around 10Mbps or more, however, the minimum guaranteed speed on this type of service is 1.5Mbps.
• CyberOne residential ADSL and ADSL2+ services are shared, contention based, best effort services. This means that the customers share the available internet bandwidth and the maximum service speed may not be available at all times, due to the usage patterns of other users and the condition of the network, however CyberOne will guarantee that the contention ratio is between 1:20 and 1:40 range for this type of service.
• Peer to Peer (p2p or 'file sharing) shaping - CyberOne does not shape (slow down) p2p connections. However, CyberOne has in place a policy to manage Peer to Peer (p2p or 'file sharing') internet traffic in order to ensure all customers have equal access to available bandwidth and a good quality online experience. CyberOne is lowering p2p traffic priority to the lowest level during peak hours, in order to ensure the quality service for customers using interactive Internet applications such as web browsing, email, video streaming and VoIP. P2p traffic priority is restored to normal during off peak hours or when network utilisation is low. Customers may notice that lower traffic priority may translate into lower speeds for file sharing downloads during peak hours, as p2p traffic from all users compete for available bandwidth pool after all other priority (http/email/streaming/voice,etc) traffic has been serviced.
• The Network Boundary Point, is a Binding Distribution/Campus Distribution (BD/CD) or Main Distribution Frame (MDF) point to which the DSL service is supplied to. The Network Boundary Point is the place where the legal responsibility of CyberOne to provide the Service ends. It is the responsibility of the Customer (or Landholder or House/Unit Owner) to provide and arrange for maintenance and repairs to the cabling required to carry the Service from the Network Boundary Point to the sockets within the premises. The exact location of the Network Boundary Point is determined by the carrier (in most cases Telstra). As a rule of thumb, the Network Boundary Point is:
  • Houses - line distribution box located outside of the house, or in some cases, the first telephone socket within the premises.
  • Units and Flats - Main Distribution Frame (MDF) from which lines are distributed throughout the building.
  
  CONDITIONS
  The conditions below apply together with conditions specific to the plan of your choice (if applicable).
  • Bundle Discounts
    • Discounted price is only available in conjunction with CyberOne Phone subscription for the term of the ADSL service contract.
    • Discounted Price is not available on '1 Month/No Contract' Subscriptions.
    • During the term of the contract the Customer must not transfer (churn) his/her Phone Service to another provider or preselect or override for long distance calls with another phone provider.
    • Discounts are reversed and price reverts to standard full amount if the Customer churns his/her Service or preselects or overrides for long distance calls with another phone provider.
    • After the minimum subscription contract period expires prices revert to standard full amount unless a new contract is signed. It is the Customer's responsibility to check the date of contract expiry and either cancel the subscription, or continue on a month-to-month full price, or sign a new contract in order to continue receiving discounted pricing.
  • Discounts may be provided in the form of a billing credit equal to the amount of the discount, and appear as separate items on invoices or statements.
  • Standard Contract Length is 12 months unless agreed otherwise.
  • Service Connection:
    • Service Setup (otherwise known as Service Connection or Activation) fee is payable.
    • Service Setup fee is specified in plan description or in the Schedule of Fees below.
    • In most circumstances, there is no requirement for an on-site visit in order to connect the Service. However, where an on-site visit by the Telstra technician is required in order to connect the Service, the Customer agrees to provide the access to the premises at the Appointment Time agreed with CyberOne.
    • The Customer acknowledges and agrees that appointments to connect the Service can only be made between 8am and 5pm, Monday to Friday. CyberOne will attempt to negotiate the best appointment time between the Customer and Telstra technicians, depending on technician's availability.
    • Customer acknowledges that the agreed appointment time can be within a 6 hour 'time window' and is indicative only. The actual visit time will vary depending on technician's workload and circumstances on the appointment day.
    • The Customer agrees that if technician is unable to attend appointment due to the circumstances on the appointment day, another appointment will be made.
    • Customer acknowledges and agrees that one or multiple appointments may be required in order to fully connect the Service.
  • Changes:
    • Customer request for speed or plan change will only be actioned at the start of the next billing cycle.
    • Changes between ADSL and ADSL2+ plans are not speed (or plan) changes, but new service orders, due to the different infrastructures these plans are provisioned upon.
    • Downgrades for Services under contract can be requested only if the plan the Customer wishes to downgrade to is of a similar type as the contracted service. For example downgrades to a lower, capped plan from a higher capped plan are allowed, however downgrades from Flat Rate to Capped plans are not eligible.
    • Fees may apply to change requests, see below schedule of fees for details.
  • Changes of address:
    • Change of address fees apply - see below schedule of fees for details.
    • CyberOne will endeavour to connect the same, equivalent or a similar service at a new location, subject to availability.
    • Customer acknowledges that if equivalent service is not available at a new location (for example ADSL2 is not available, while standard ADSL is available) then customer will order a closest equivalent plan for the new location or pay a reduced service cancellation fee of $99 plus $10 for each remaining month of customer's contract term.
    • Customer must submit a new order for the service at the new location at least 30 days prior to the change of address.
    • Change of address order must be for a contract period of:
      • the remainder of the existing contract OR
      • for ADSL services - if the remainder of the contract is less then 6 months (or minimum contract period expired), then a new minimum contract length of 6 months will apply.
      • for ADSL2+ services - if the remainder of the contract is less then 12 months (or minimum contract terms expired), then a new minimum contract length of 12 months will apply.
  • Service Suspension: the customer may request to suspend the ADSL service for the period of minimum one and maximum three months. A service suspension fee is payable before service suspension request is acted upon, see schedule of fees below. The Customer must submit the suspension request in writing, 30 days prior to the suspension date, clearly specifying the dates for the Service suspension and resumption.
  • Service Reconnection Fees apply (see below schedule of fees for details) if the service is disconnected due to any action or fault of customer, including but not limited to: disconnection due to the account non-payment or late payment, Carrier change, line disconnection by the carrier or line changes with the carrier (such as billing details/address change, alterations and terminations). Customer must request reconnection within one month from disconnection date by submitting a new service order with the minimum contract period period of:
    • the remainder of the previously existing contract OR
    • for ADSL services - if the remainder of the contract is less then 6 months, then a new minimum contract length of 6 months will apply.
    • for ADSL2+ services - if the remainder of the contract is less then 12 months, then a new minimum contract length of 12 months will apply.
  • Cancellations and Disconnections:
    • Written notice of disconnection or cancellation, 30 days prior the disconnection/cancellation date is required.
    • Automatic disconnection is triggered if a payment for the Service is not received by the due date specified on the Account Statement.
    • Early Cancellation fees apply to terminated services (eg. services cancelled by customer, or disconnected without reconnection), if the service is terminated before the minimum contract length period expires. See below schedule of fees for details
    • Order Cancellation: the customer must submit order cancellation request in writing before the service becomes active. The order cancellation fee applies, please see schedule of fees below. Customer hereby agrees that CyberOne can treat the order as cancelled by the Customer if the order is not paid for within 30 days.
  • Service Faults:
    • Speed Faults: The Customer acknowledges that speed faults can only be lodged when three speed tests performed in accordance with the Supplier's advice confirm that the service speed remains consistently below the minimum guaranteed speed for this type of service. Customer also acknowledges that speed problems to single sites outside of the Supplier's network are outside of the Supplier's responsibility.
    • Network and Cabling Faults: The Customer acknowledges and agrees that CyberOne is responsible to maintain the Service up to the Network Boundary point. Upon receipt of fault notification from the Customer, CyberOne will perform necessary testing to establish the location of the fault and arrange for the repair of faults that lie within CyberOne Network. CyberOne will notify the Customer when the fault lies outside of CyberOne's Network Boundary Point at which time it is the responsibility of the Customer to arrange for the repair of the cabling or equipment within Customer's premises.
    • Equipment and Other Faults: Failures of modem and computer equipment or software are responsibility of the Customer. CyberOne can provide technical advice on fault rectification.
    • Fault Rectification. The Service comes without warranty of any kind. CyberOne will make a reasonable effort to rectify faults that are within CyberOne's network. If the fault is within CyberOne's network and is not resolved within the 7 days, CyberOne will refund the Customer 33% of the subscription charges for the fault period, and 50% of subscription charges for the fault period if it takes more then 14 days to rectify the fault. Upon request, CyberOne can also provide a free Dialup service to the Customer while the fault is being repaired.
    • On-Site Repairs. Where an on-site visit by the Telstra technician is required in order to rectify the Service fault, CyberOne will arrange for such visit. If the fault lies within CyberOne network, there will be no charge to the Customer. The Customer acknowledges and agrees to pay for any repairs if the fault lies outside of the CyberOne Network Boundary Point. Where an on-site visit is required in order to repair the Service:
      • The Customer agrees to provide the access to the premises at the Appointment Time agreed with CyberOne.
      • The Customer acknowledges and agrees that appointments to repair the Service can only be made between 8am and 5pm, Monday to Friday. CyberOne will attempt to negotiate the best appointment time between the Customer and Telstra technicians, depending on technician's availability.
      • Customer acknowledges that the agreed appointment time can be within a 6 hour 'time window' and is indicative only. The actual visit time will vary depending on technician's workload and circumstances on the appointment day.
      • The Customer agrees that if technician is unable to attend appointment due to the circumstances on the appointment day, another appointment will be made.
      • Customer acknowledges and agrees that one or multiple appointments may be required in order to repair the Service.
    • Incorrect Fault Fee is applicable (see below schedule for details) and is charged in the following circumstances:
      • client contacted our wholesaler's help desk directly
      • network fault was lodged but investigation found client (or client's equipment) was at fault
      • a technician was called to investigate fault on client's premises (outside of CyberOne Network Boundary Point).
  • Monthly subscription payments must be received by the due date specified on the invoice/statement.
    
  • Invoices, statements and all other correspondence are issued only by e-mail to contact/billing e-mail address specified by the customer on the application form. It is customer's responsibility to notify CyberOne of any changes to the contact/billing email address. Any email correspondence sent by CyberOne to the customer is deemed delivered when it leaves CyberOne server.
  • All Services are provided subject to the customer complying with the 'Client Service Agreement' ,the Acceptable Use Policy (AUP) and the Customer Support Policy. Please check terms and conditions and policy links on our web site.
  • Customer is permitted to connect one computer device to the ADSL network.
  • Flat Rate plans only: in accordance with the AUP we reserve the right to shape (slow down) a client's download rate if usage is considered to be excessive and adversely impact on network performance.
  • Usage based plans only: Charges for excess data downloads apply. Clients are responsible for checking their own usage by accessing 'My Account' section of CyberOne's web site. Unused monthly usage/download allowance cannot be carried over to the next billing month and is forfeited.
  • Shaped Plans only: Speed will be slowed down (shaped) to 72kbps in both directions after the monthly downloads reach the data allocation specified in 'Plan Specific Conditions'. For the purpose of shaping, downloads are counted from the anniversary of user's ADSL service connection date. This means that if a user is shaped, the full speed of service is restored at 7am on the day following the user's anniversary connection date.
  • Shaped Plans with 'Off-Peak Bonus': 'Bonus Off-Peak Data' is an additional allotment of monthly data and not inclusive of the general data allocation specified in 'Plan Specific Conditions', which may be used between the hours 1am - 8am seven days a week. The inclusive 'Bonus Off-Peak Data' utilized during the aforementioned times will not count towards the general data allocation. If however the 'Bonus Off-Peak Data' usage amount exceeds the inclusive data limit, additional data usage will count towards the general data usage allotment. The 'Bonus Off-Peak Data' can only be utilized while the general data allocation is not exceeded. Excess general data allocation can not be assigned or utilized in conjunction with the 'Bonus Off-Peak Data' allocation and vice versa.
  • Optional ADSL modems/routers are only sold with CyberOne DSL connections and are delivered directly to client's address, as specified on the application form, on or before connection date.
  • Optional ADSL modems/routers are only ADSL modems/routers supported by CyberOne.
  • Faulty ADSL modems/routers provided by CyberOne shall be returned directly to manufacturer for warranty repairs and replacements.
  • 30 e-mail addresses offer excludes additional mailboxes. Extra mailboxes are charged at standard rates for email services.
  • Backup dialup access is setup upon request.
  • Free, complimentary services such as email addresses, mailboxes, webmail access, private web page, etc are provided on "as is", basis without warranties of any kind. The use of these services is at the customer's sole risk. CyberOne reserves the right to withdraw or change conditions and limits associated with these services at any time without notice.
  • Customer modem or other hardware failure, telephone line faults within client premises, computer software errors or misconfiguration, faults/problems with CyberOne free/complimentary services do not entitle customer to refunds of ADSL subscription or connection charges.
  
  CHARGES & FEES
  Following charges and fees apply in addition to fees outlined in plan/promotion descriptions. Unless specified otherwise in plan/promotion description,the below standard setup, security deposit and cancellation fees apply.
  • Standard setup fee: $139.00
  • Setup fees for customers transferring from other ISP's: $49.00
  • Security deposit: A $50.00 deposit, refundable at account closing, is required
  • Switch to higher/faster plan: $33.00
  • Switch to lower/slower plan: $49.00
  • Change of address:
    • $99.00 for ADSL clients,
    • $119 for ADSL2+ clients.
  • Service Reconnection:
    • $99.00 for ADSL clients,
    • $119 for ADSL2+ clients
  • Incorrect Fault Fees:
    • $125.00 for ADSL services,
    • $229 for ADSL2+ services
  • Service Suspension $149.00
  • Order Cancellation: $199.00 is charged if order is cancelled before the service is activated.
  • Early Cancellation: payment of the unexpired portion of the term of the client's contract applies if the service is terminated before the minimum contract length period expires. If client joined on 'Special' promotional pricing or received discounted pricing, this early cancellation will also result in the reversal of any setup and monthly price discounts, together with payment of the unexpired portion of the term of the client's contract, at a full price.
  • $69.00 disconnection fee is charged if client selects '1 Month/No Contract' subscription and the service is disconnected within the first 6 months.
  • Other Charges and Fees: as per Schedule of Fees published in the General Service Agreement
  • Modem delivery fee: $15.00 delivery fee is charged for all ADSL modem orders ordered with CyberOne
  • Services provisioned in the state of Tasmania incur additional monthly surcharges of $2.95 for standard ADSL services (speeds up to 1.5Mbps) and $12.95 for Fast ADSL (speeds up to 8Mbps) and ADSL2+ services.
  • ACT Government Utilities Tax Charge: Residents of the Australian Capital Territory incur an extra charge or $2.04 per each telecommunication line due to recovery of the Utilities (Network facilities) Tax (ACT Utilities Tax) that was introduced by the local ACT State Government. This tax is usually included in Phone service invoices, however customers subscribing to Naked ADSL services will have this charge added to their ADSL service invoice.
  • First payment must be received before DSL account is provisioned.
  • First payment consists of: a)Setup Fee b)Security Deposit c)Pro-rata subscription for current month d)Next month's subscription e)Optional modem and delivery charges LESS Discounts (if applicable)
  • Subsequent monthly charges consist of: a)Monthly subscription fee b)The previous month's excess usage fees (Applicable to usage based plans only). Clients are responsible for checking their own usage by accessing 'My Account' section of CyberOne's web site.
  • Backup dialup access charges: First 5 hours each month are free, each additional hour is charged at $1/hour. Downloaded data is included in adsl plan usage.
  • All prices are in Australian Dollars and include 10% GST
  
  

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  Last updated 01 June 2009