foxtel broadband on adsl service description · contents 1. about this service description 1 2....
TRANSCRIPT
Foxtel Broadband & Home Phone
Agreement
Effective from 23 February, 2016
Foxtel Broadband on ADSL Service Description
CONTENTS
1. ABOUT THIS SERVICE DESCRIPTION 1
2. FOXTEL BROADBAND ON ADSL 1
3. PLANS 1
4. MINIMUM TERM 2
5. REQUIREMENTS AND RESTRICTIONS 2
6. SERVICE ACTIVATION 5
7. EXTRAS 6
8. BUNDLE TERMS 6
9. FAULT RECTIFICATION & SUPPORT 7
10. USAGE ALLOWANCE AND SHAPING 7
11. QUALITY AND PERFORMANCE 8
12. IP ADDRESSES 9
13. MOVING TO THE NBN & OTHER SERVICES OR PLANS 9
14. DEFINITIONS 10
If you receive Foxtel Broadband on ADSL, this Service
Description forms part of your Foxtel Broadband & Home
Phone Agreement
This Service Description describes Foxtel Broadband on ADSL
and sets out some of the terms on which we will supply Foxtel
Broadband on ADSL to you.
2.1 Foxtel Broadband on ADSLFoxtel Broadband on ADSL is an Internet access service that
is supplied up to the Network Boundary Point in your Home
using ADSL technology.
2.2 Network Boundary PointWe are responsible for supplying Foxtel Broadband on ADSL
up to the Network Boundary Point in your Home. We are not
responsible for anything on your side of the Network Boundary
Point (except for faults caused by any Foxtel Supplied
Equipment during its Warranty Period).
You are responsible for everything on your side of the
Network Boundary Point, including your computers, devices,
home cabling and home networks, but excluding faults caused
by any Foxtel Supplied Equipment during its Warranty Period.
2.3 ADSL technology Foxtel Broadband on ADSL is supplied using high frequency
spectrum of an active telephone line that is ADSL compatible.
Like all Internet access services supplied using ADSL
technology, Foxtel Broadband on ADSL provides higher data
transfer rates for downloads and lower data transfer rates for
uploads.
We will prioritise ADSL2+ services over an ADSL 8Mbps
service if ports are available.
We offer to supply the Foxtel Broadband on ADSL service in
accordance with different Plans. You must choose to receive
the Foxtel Broadband on ADSL service in accordance with
one of these Plans.
The Plans and pricing for the Foxtel Broadband on ADSL
service are set out in the Price Guide.
1. ABOUT THIS SERVICE DESCRIPTION
2. FOXTEL BROADBAND ON ADSL
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3. PLANS
You can acquire Foxtel Broadband on ADSL for the Minimum
Terms set out in the Price Guide.
Your Minimum Term will be set out in your Application for Foxtel
Broadband on ADSL as accepted by us or will be subsequently
agreed with us in accordance with this Agreement.
If you are receiving Foxtel Broadband on ADSL as part of a
Bundle, your Minimum Term will be set out in your Application
for the Bundle as accepted by us or will be subsequently
agreed with us in accordance with this Agreement.
5.1 Availability Selected areasFoxtel Broadband on ADSL is only available in selected areas
that are covered by the Supplier Network. If your Home is
not located in an area in which we supply Foxtel Broadband
on ADSL, we will not be able to supply Foxtel Broadband on
ADSL to your Home.
Active and compatible telephone lineWe can only supply Foxtel Broadband on ADSL to your Home
using an active telephone line that is ADSL compatible.
An active telephone line must be a telephone line over which
a basic telephone service is being supplied, whether by us or
another service provider. An ADSL compatible telephone line
is one that is capable of supporting supply of ADSL services
and must be on the Telstra or Telstra Wholesale networks.
We may perform certain tests and/or make certain enquiries
to determine whether the telephone line over which you have
asked us to supply Foxtel Broadband on ADSL is an active
telephone line that is ADSL compatible. If any of our tests or
enquiries shows that the telephone line over which you have
asked us to supply Foxtel Broadband on ADSL is not an active
telephone line that is ADSL compatible, we will not be able to
supply Foxtel Broadband on ADSL to your Home.
Network availability and capacityWe can only supply Foxtel Broadband on ADSL to your
Home where there is sufficient availability and capacity on the
Supplier Network to so do. This includes available ports on our
Supplier’s DSLAM at your local telephone exchange.
We can supply a maximum of one (1) Foxtel Broadband on
ADSL service to your Home at any one time.
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4. MINIMUM TERM
5. REQUIREMENTS AND RESTRICTIONS
Other factorsThere may be other commercial, operational or technical
reasons why we cannot supply Foxtel Broadband on ADSL
to your Home. If any of these reasons prevents us from being
able to supply Foxtel Broadband on ADSL to your Home, we
will notify you of the nature of those reasons.
5.2 Permission to use the telephone lineYou must either:
• be the account holder for the basic telephone service
being supplied over the telephone line in respect of which
you have asked us to supply Foxtel Broadband on ADSL;
or
• have the express permission of that account holder to use that
telephone line for the supply of Foxtel Broadband on ADSL.
You warrant to us that you satisfy either of these requirements.
5.3 Reliance on the telephone lineFoxtel Broadband on ADSL relies on the existence of an active
telephone line that is ADSL compatible (as set out in clause 5.1).
You must either:
• maintain supply of the basic telephone service over the
telephone line in respect of which you have asked us to
supply Foxtel Broadband on ADSL; or
• ensure the account holder for that basic telephone service
maintains supply of that basic telephone service.
Certain events and circumstances that occur in relation to that
basic telephone service and/or telephone line may prevent us
from supplying Foxtel Broadband on ADSL to you.
Where an event or circumstance occurs in relation to that basic
telephone service and/or telephone line and that event or
circumstance prevents us from supplying Foxtel Broadband on
ADSL to you, we may immediately cancel and stop supplying
your Foxtel Broadband on ADSL service, even during the
Minimum Term of that Service. If we cancel your Foxtel
Broadband on ADSL service, you may need to pay an Early
Termination Fee for that Service.
By way of example only, the occurrence of any of the following
in relation to that basic telephone service and/or telephone
line may prevent us from supplying Foxtel Broadband on ADSL
to you:
• any suspension or cancellation of the basic telephone
service being supplied over that telephone line;
• any change to the account holder of the basic telephone
service being supplied over that telephone line;
• any change to the telephone number associated with that
basic telephone service; or
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• any change to that telephone line that renders it inactive
or incompatible with ADSL.
5.4 Effect on other services supplied over the telephone lineLike all Internet access services supplied using ADSL
technology, your Foxtel Broadband on ADSL may affect
the basic telephone service being supplied over the same
telephone line.
You may experience minor disruptions to your basic telephone
service being supplied over the same telephone line, including
when we establish and activate your Foxtel Broadband on
ADSL.
5.5 Incompatible products and servicesWhile you are receiving your Foxtel Broadband on ADSL, you
may not be able to access or use some other products and
services that are incompatible with Internet access services
supplied using ADSL technology. This may include some types
of fax machines and phone systems. If you have any questions
about this, please contact us.
5.6 System Requirements and Required EquipmentIn order to receive Foxtel Broadband on ADSL, you must:
• meet (and continue to meet) all of our System
Requirements; and
• install and operate all of the Required Equipment in
accordance with our instructions.
Where you connect a telephony device to the telephone line
over which you are receiving your Foxtel Broadband on ADSL
service, you must install filters and/or splitters in accordance
with our instructions. If you don’t comply with this obligation,
your basic telephone service may suffer from interference and/
or your Foxtel Broadband on ADSL service may not work.
5.7 Foxtel HubIf you acquire a Foxtel Hub with your Foxtel Broadband on
ADSL service, then we will deliver the Foxtel Hub to your
Home, unless you have requested an alternative delivery
address or method.
We will supply a self-install kit with your Foxtel Hub. You must
follow the self-install kit instructions to be able to activate and
receive your Foxtel Broadband on ADSL service. We are not
responsible if you do not install the Foxtel Hub in accordance
with the self-install kit instructions and by the date we activate
the Service.
The Foxtel Hub will be network locked for use in connection
with the Foxtel Network. This means that you may not be able
to use the Foxtel Hub to receive broadband services from
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any service provider other than Foxtel. Except to the extent
we may be required by law, we will not support your use of
the Foxtel Hub to receive broadband services from third party
service providers.
5.8 Other ADSL ModemsIf you do not acquire a Foxtel Hub then we will assume that
you wish to use your own ADSL modem with your Foxtel
Broadband on ADSL service.
We will send you a unique internet device username and
password that you will need to manually enter into your ADSL
modem’s interface in order to activate and receive your Foxtel
Broadband on ADSL service. We are not responsible if you do
not install your own ADSL modem correctly and by the date
we activate the Service.
If you are using your own ADSL modem and subsequently
decide, or are required, to acquire a Foxtel Hub, then, if
available, we will provide you with a Foxtel Hub and will
charge you the applicable equipment fee specified in the
Price Guide.
5.9 No changes to your ServiceWe may be required by law, not to permit any changes to your
Foxtel Broadband on ADSL service during certain periods
(e.g. during an NBN cease sale period).
5.10 Service movesIf you wish to move your Service to another service
provider, you must contact that new provider to organise
the disconnection from us. If you wish to cancel your Service
without moving to another provider, we will arrange the
disconnection.
We will use our best efforts to start supplying your Service
between 3 and 20 business days after we accept your
Application.
We rely on our Suppliers to supply your Services and this may
affect when we can start supplying them to you.
If priority connect is available, and this will reduce your Service
activation time, we may offer you this service.
We will charge you an activation fee as specified in the Price
Guide, for activation of your Foxtel Broadband on ADSL
service. An additional fee may apply for the priority connect
service.
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6. SERVICE ACTIVATION
Data Top UpsIf you acquire a Data Top Up, then these terms will apply to you.
Data Top Ups are blocks of additional data available for
purchase that apply once you’ve exceeded your Usage
Allowance, should a Usage Allowance apply to your Foxtel
Broadband on ADSL Service. You may acquire as many Data
Top Ups in a Bill Period, as required.
If a Usage Allowance applies to your service and you exceed
it, we will Shape your access speed on the Foxtel Broadband
on ADSL network in accordance with clause 10.3 below. A
Data Top Up will remove the Shaped access to the Foxtel
Broadband on ADSL network for the additional data allowance
specified in the Data Top Up.
If you exceed your additional data allowance specified in the
Data Top Up, we will also Shape your access speed on the
Foxtel Broadband on ADSL network in accordance with clause
10.3 below.
The additional data allowance in a Data Top Up must be used
within the Bill Period that it was purchased. Any unused data
allowances in a Data Top Up will not rollover to subsequent
Bill Periods. Your Usage Allowance will continue to apply in
subsequent Bill Periods.
Data Top Ups are available for purchase through
www.foxtel.com.au/myaccount or by calling 131 999.
Pricing details of Data Top Ups are set out in the Price Guide.
If you acquire your Foxtel Broadband on ADSL service as part
of a Bundle, then these Bundle Terms will apply to you.
• The Foxtel Broadband on ADSL service must be supplied
to the same physical address as all other Services in the
Bundle.
• All Foxtel Services that form part of a Bundle must be
billed in the one Foxtel bill.
• There is a limit of one Foxtel Broadband on ADSL service
per Bundle.
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7. EXTRAS
8. BUNDLE TERMS
Where a fault in relation to your Service is caused by the
Foxtel Network, we will use our best efforts to rectify the fault
within 72 hours after you have reported the fault to us, but it
may not always be possible for us to do so.
Where a fault in relation to your Service is caused by a
Supplier Network, we will use our best efforts to ensure that
our Supplier rectifies the fault within 5 business days after
we have notified them of the fault, but it may not always be
possible for us to do so.
10.1 Usage AllowancesYour Plan may be subject to a Usage Allowance. Usage
Allowances apply in respect of a whole Bill Period. Both
downloaded and uploaded data count towards a Usage
Allowance.
You must, and you must ensure that any person who accesses
your Foxtel Broadband on ADSL service, only use the Service
in compliance with the Foxtel Fair Use Policy.
10.2 Unmetered usageIf you receive Foxtel TV, then your Foxtel video content will
be unmetered. This unmetered content will continue to be
supplied to you at the full, unshaped, connection speed even
when you have consumed your Usage Allowance, should a
Usage Allowance apply to your Foxtel Broadband on ADSL
service.
10.3 Consequences of exceeding a Usage AllowanceIf you exceed any Usage Allowance that applies to your Foxtel
Broadband on ADSL service during a Bill Period, subject to
clause 10.2, we may Shape the access speed of your Foxtel
Broadband on ADSL service to 256kbps for upload and
download from the time at which you exceed the Usage
Allowance to the end of the Bill Period in which you did so.
No additional fees apply.
If you upgrade your Plan or acquire Data Top Ups, your
Service will be Shaped if you exceed the Usage Allowance
within your new Plan (should a Usage Allowance apply) or the
Data Top Up you have purchased.
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10. USAGE ALLOWANCE AND SHAPING
9. FAULT RECTIFICATION & SUPPORT
10.4 Usage notificationsUnless we agree with you otherwise, we may notify you by
email to your primary email address when your data usage has:
• exceeded 50% of your Usage Allowance during a
Bill Period; and/or
• exceeded 85% of your Usage Allowance during a
Bill Period; and/or
• exceeded 100% of your Usage Allowance during a
Bill Period.
If you have upgraded your Plan or acquired a Data Top Up,
then any additional data allowance specified in that new Plan
or Data Top Up will be taken into account when providing your
data usage notifications.
10.5 Checking your usageYou can check your usage of your Foxtel Broadband on ADSL
service through your Online Account. This usage information is
updated approximately every 15 minutes.
10.6 No rollover of unused Usage AllowanceWe will not rollover any unused Usage Allowance (should
one apply to you) or Data Top Up for a Bill Period into a
subsequent Bill Period.
10.7 Usage Allowance Reset Usage Allowances and Data Top Up allowances will be reset
at 12.01am Australian Eastern Standard Time on the first day of
each Bill Period.
11.1 Supply on a “best efforts” basisFoxtel Broadband on ADSL is a “best efforts” Internet access
service.
This means that supply of your Foxtel Broadband on ADSL and
your access to the Internet will not be continuous, fault-free,
accessible or available at all times.
11.2 Data transfer rates and rates of latency, jitter and lossWe do not represent, warrant or guarantee that Foxtel
Broadband on ADSL will achieve any particular data transfer
rates or any particular rates of latency, jitter or loss.
All data transfer rates are theoretical network maximum data
transfer rates based on our tests or tests of our Supplier.
The data transfer rates you experience when using Foxtel
Broadband on ADSL depend on a number of variables,
including:
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11. QUALITY AND PERFORMANCE
• the length, configuration and quality of the copper line
between your Home and your local telephone exchange;
• the number and types of services being supplied to other
end users over the same line;
• electrical interference from external sources;
• the configuration and quality of the communications wiring
within your home;
• the hardware and software you are using; and
• the capacity of, load on and access data rate of the
destination host computer.
We will allocate dynamic IP addresses to you for use in
connection with your Foxtel Broadband on ADSL. Any IP
addresses we allocate to you will remain our property.
Typically, we will allocate you a new dynamic IP address
whenever your modem is switched on or rebooted and we
will maintain that allocation until your modem is switched off
or rebooted. We may, in our discretion, allocate you a new
dynamic IP address or change the dynamic IP address you
have been allocated at other times and for other reasons.
We may elect to move your Foxtel Broadband on ADSL
service to another Foxtel Broadband service or Plan, including
a Foxtel Broadband on NBN service (if available), that we
believe is reasonably comparable to your current plan, by
giving you at least 30 days notice.
If we elect to move you to another Foxtel Broadband service or
Plan (other than to migrate you to a Foxtel Broadband on NBN
service) and this move adversely affects you (other than in a
minor way), you may cancel your Service provided you notify us
of your intention to do so within 14 days of receiving our notice
regarding the move. If you cancel in this way, you will not need
to pay any otherwise payable Early Termination Fee.
If we notify you of our intention to migrate you to a Foxtel
Broadband on NBN service and you do not wish to migrate
to the NBN with us, you must notify us of this within 14 days
of receiving our notice regarding the proposed move. If
you provide this notice we will continue to provide Foxtel
Broadband on ADSL to you until we are required by law
to disconnect this Service and move you to the NBN or
you cancel your Foxtel Broadband on ADSL service. If you
cancel in this way, you will need to pay any applicable Early
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13. MOVING TO THE NBN & OTHER SERVICES OR PLANS
12. IP ADDRESSES
Termination Fee unless this move to the NBN adversely affects
you (other than in a minor way). We may be required by law to
disconnect your Service, even during the Minimum Term for
that Service. If your Service is disconnected, there may be a
delay in the provision of a new service on the NBN due to third
party suppliers.
If we migrate you to a Foxtel Broadband on NBN service, we
will use our best efforts to minimise any disruption to your
Internet access during this transition. To do so, we may overlap
supply of your existing Foxtel Broadband on ADSL with supply
of your new Foxtel Broadband on NBN service.
If this is not practicable, we may cancel and stop supplying
your existing Foxtel Broadband on ADSL before we start
supplying your new Foxtel Broadband on NBN service. For
certain NBN technologies, excluding FTTP, you will require
a new Foxtel Hub to access your Foxtel Broadband on NBN
service.
In this Service Description, where a word or phrase is
capitalised and defined in:
• the definitions section of the General Terms, that word
or phrase will have the meaning given to it in that
definitions section; or
• this clause 14, that word or phrase will have the meaning
given to it in this clause 14.
ADSL means asymmetric digital subscriber line.
DSLAM means digital subscriber line access multiplexer.
Network Boundary Point, in respect of your Home, means the
network boundary point determined under section 22 of the
Telecommunications Act 1997 (Cth).
Required Equipment, in respect of Foxtel Broadband on
ADSL, means:
• a Foxtel Hub or compatible ADSL modem;
• a device, or devices, equipment with either an Ethernet or
WiFi network adapter;
• an Ethernet cable when connecting the Foxtel Hub or
other modem to an Ethernet network adapter (Foxtel will
supply one (1) Ethernet cable with Foxtel Hub); and
• where you connect a telephony device to the telephone
line over which you have asked us to supply your Foxtel
Broadband on ADSL, an ADSL filter for that telephony
device. Foxtel will supply one (1) ADSL filter with the
Foxtel Hub.
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14. DEFINITIONS
Shape or Shaping, in respect of a Plan, means a reduction of
the maximum download data transfer rate achievable by your
Foxtel Broadband on ADSL to 256kbps.
System Requirements means:
(a) for PC, the following minimum requirements:
• Windows, XP (SP3)
• Pentium 1Ghz or equivalent
• 256 MB RAM (Windows XP)
• 512 MB RAM (Windows Vista)
• 1GB RAM (Windows 7/8 32-bit)
• 2GB RAM (Windows 7/8 64-bit)
• Internet Explorer version 6.0+
(b) for Apple Mac, the following minimum requirements:
• Mac OS X 10.4, 10.5, 10.6 or 10.7
• 512 MB RAM (OS X 10.4)
• 1 GB RAM (OS X 10.5/10.6)
• 2 GB RAM (OS X 10.7)
• Safari version 5
Usage Allowance, to the extent that one applies to your Plan,
means the maximum amount of data that can be downloaded
and uploaded using your Foxtel Broadband on ADSL service
on that Plan in a Bill Period (being a month). For example,
if you are on a 100GB Broadband Plan then your Usage
Allowance will be 100GB per Bill Period.
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