This document combines Symsafe’s Internet Services – General Terms and Conditions and the Connection Terms. The General Terms apply to all Internet Services. The Connection Terms add service-specific detail (e.g., setup, equipment, speed information). Capitalised terms are defined in the Definitions section at the end of this document. If there is any inconsistency between documents forming the Contract, the order of precedence in clause 1.4 of the General Terms applies. These terms are intended for business customers (see clause 15.1).
- Terms and Conditions
1.1 These terms and conditions, together with the relevant Connection Terms and the Customer Information, Selected Options and Relevant Pricing, form the Contract between the ISP and the Customer. The Contract is made upon Registration, which includes the Customer’s acceptance of a quote, proposal, or online order for the selected service(s).
1.2 The Customer accepts the terms and conditions that apply at the time of Registration. The ISP may amend or replace these terms and conditions and/or the Connection Terms at any time on one month’s written notice to the Customer provided that where a fixed term applies, any amendment to or replacement of the terms and conditions will only apply on renewal of that fixed term, except as set out in clause 2.5 (Supplier-Driven Changes). The Customer’s use and/or continued use of the Internet Service confirms the Customer’s acceptance to be bound by the latest terms and conditions and applicable Connection Terms. For services without a fixed term, if an amendment (other than one required by law or a regulator) would have more than a minor detrimental effect on the Customer, the Customer may terminate the affected service before the amendment takes effect by giving written notice. Policy updates that form part of the Contract (including the Fair Use Policy and any Acceptable Use Policy) will take effect on and from the notified effective date, provided any material detrimental change is notified in advance in accordance with this clause.
1.3 Each capitalised term used in these terms and conditions has the meaning given to that term in the Definitions section of these terms and conditions.
1.4 Order of precedence. If there is any inconsistency between documents forming the Contract, the order of precedence (highest to lowest) is:
(a) any document expressly varying the Contract and signed by both parties (most recent prevails); then
(b) the Proposal or order form and the Selected Options (including any Service Plan details recorded in the ISP’s ordering systems); then
(c) the Connection Terms; then
(d) these General Terms; then
(e) policies incorporated into the Contract (including the Fair Use Policy and any Acceptable Use Policy); then
(f) information on the Website.
1.5 Interpretation. In this Contract: (a) headings are for convenience only; (b) the singular includes the plural and vice versa; (c) “including” and similar words are not words of limitation; (d) references to a person include a body corporate and vice versa; (e) references to a law include that law as amended, re-enacted or replaced; and (f) references to ‘days’ are to calendar days unless stated otherwise. - Charges and Payment
2.1 The Customer will pay the Relevant Pricing for the Internet Service in accordance with the applicable timing for payment of the Selected Options. All payments must be made in full using the payment methods stated on the invoice (including any secure payment portal link) or as specified in the Proposal (as applicable), without deduction or set-off, except in respect of amounts the Customer disputes in good faith in accordance with clause 2.6 (Billing disputes). The Customer must pay all undisputed amounts by the due date. A Direct Debit Request (DDR) authorised by the Customer in Symsafe’s prescribed form is preferred and may be a condition of supply for certain services or plans, as notified in the Selected Options or Proposal and subject to Symsafe’s DDR Service Agreement. If the Customer pays by card (including via the secure payment portal), any applicable surcharge will be disclosed prior to authorisation and applied in accordance with law; the surcharge will be itemised on the payment receipt and, where known at the time of issue, on the invoice. Dishonour, reversal or chargeback fees charged to Symsafe by its payment processor or bank may be passed through to the Customer at cost.
2.2 The Relevant Pricing includes all applicable taxes including GST and other taxes (as applicable).
2.3 Subject to clause 2.6, if any amount is not paid by the due date, the ISP may suspend provision of all or any of the Internet Service until the ISP receives payment in full of all outstanding amounts.
2.4 The Relevant Pricing may be changed by the ISP on the ISP giving at least six weeks’ written notice (by email) to the Customer of the new charges that will apply. For a Fixed Term Service, this clause 2.4 does not apply during the committed term, except as permitted by clause 2.5 or where otherwise agreed in writing. For services without a fixed term, the Customer may terminate the affected service effective on or before the price change effective date by giving written notice at any time before that date.
2.5 Supplier-Driven Changes. The ISP may vary an Internet Service (including price, inclusions, or related terms) to reflect changes required by its Upstream Supplier(s) or by law or a regulator. The ISP will give the Customer written notice. If a variation has more than a minor detrimental effect on the affected service, the Customer may cancel that service within 42 days of that notice without early-termination charges (the Customer must still pay accrued charges up to cancellation). If any non-recoverable third-party build, pre-delivery or equipment costs have already been incurred for the affected service, the Customer must pay those amounts to the extent the ISP is charged by its Upstream Supplier(s). This clause does not limit any other right the Customer has under the Australian Consumer Law.
2.6 Billing disputes. If the Customer reasonably and in good faith disputes an amount on an invoice, it must notify the ISP before the due date with details of the dispute. The parties will work together in good faith to resolve the dispute. The Customer must pay all undisputed amounts by the due date. If the dispute is resolved in the Customer’s favour, the ISP will promptly apply a credit or refund. No suspension during bona fide dispute. Provided that the Customer pays all undisputed amounts by the due date and acts reasonably and in good faith to resolve the dispute, the ISP will not suspend or cancel the affected service solely in respect of the disputed amount while the dispute is being resolved under this clause. The ISP will not report a payment default to a CRB, charge late fees, or commence suspension solely in respect of a genuinely disputed amount while a dispute is being resolved under this clause. - Term
3.1 Subject to clauses 3.2 and 3.3, the Contract will commence on the Commencement Date and may be terminated by the Customer at any time with one month’s written notice to the ISP.
3.2 The charges for Internet Service will begin on the Service Start Date.
3.3 Where a fixed term applies for the Selected Options, the Internet Service will be provided for that term and, subject to the early termination provisions in clause 9.3 and clause 9.4, early termination options are not available. - Provision of Internet Service
4.1 The ISP will supply the Internet Service in accordance with the Contract.
(a) The Customer acknowledges that the Internet Service is dependent on many factors which are outside the control of the ISP, including supply by its Suppliers, and as such the ISP cannot and does not guarantee continuous or uninterrupted Internet Service.
(b) Nothing in these terms and conditions commits the ISP to provide the Internet Service except as described in the Selected Options.
(c) The Internet Service is provided to the Customer on a non-exclusive basis.
(d) The Customer’s right to use the Internet Service is not transferable, except where Symsafe approves a Transfer of Ownership in writing. A Transfer of Ownership requires a Transfer of Ownership Agreement (see Schedule – Transfer of Ownership Agreement) signed by the Customer, the proposed transferee, and Symsafe.
4.2 The ISP will provide telephone and/or email support as specified in the Proposal (as applicable). Support is available for matters which relate directly to the Internet Service and is provided on a reasonable endeavours basis.
4.3 The Customer must not:
(a) provide the Internet Service to any users through operation of a bureau or like service; or
(b) resell, rent, lease, transfer, sublicense or otherwise transfer rights to use the Internet Service; or
(c) use the Internet Service in any way that could interrupt, damage or otherwise interfere with use of the Internet Service by anyone else; or
(d) do any act which would or might invalidate or be inconsistent with the Intellectual Property rights of the ISP or any of its Suppliers.
4.4 The Customer must notify the ISP of any actual, threatened or suspected infringement of any Intellectual Property right and of any claim by any third party that any use of the Internet Service infringes any rights of any other person, as soon as that infringement or claim comes to the Customer’s notice.
4.5 The ISP will use reasonable endeavours to notify the Customer:
(a) if any Upstream Supplier notifies the ISP of planned or emergency maintenance in connection with the Internet Service; or
(b) if unplanned outages occur, after it comes to the ISP’s attention.
4.6 Customer-Provided Equipment. Where the Customer supplies or specifies any modem/router or other equipment, the Customer is responsible for compatibility, configuration and warranties for that equipment.
4.7 Customer Service Guarantee (CSG): The Customer acknowledges the Telecommunications (Customer Service Guarantee) Standard 2011 does not apply to the Internet Service (and does not apply to VoIP services), except to the extent required by law. - Use of Internet Service
5.1 The Customer is responsible for:
(a) all aspects of the Customer’s access and use of the Internet Service; and
(b) ensuring that, in using the Internet Service, it complies with all applicable laws including the Privacy Act 1988 (Cth), the Telecommunications Act 1997 (Cth), and the NDB scheme.
5.2 Fair Use Policy. Unlimited data and services are subject to Symsafe’s Fair Use Policy. The Customer must not use the Internet Service in a manner that is unreasonable, excessive compared to typical business use, or that materially degrades the performance of the network for other customers. Symsafe may publish and update its Fair Use Policy on its Website from time to time and will provide notice of material changes. Symsafe’s Fair Use Policy is available on the Website.
5.3 Privacy. The ISP will handle personal information in accordance with the Privacy Act and its Privacy Policy published on the Website. The Customer consents to the ISP disclosing personal information to Upstream Suppliers and service providers (which may be located outside Australia) for the purposes of provisioning, supporting and billing the Internet Service. The ISP will take reasonable steps to ensure overseas recipients handle personal information in accordance with the APPs. If an eligible data breach (as defined in the NDB scheme) occurs in relation to the Internet Service and affects the Customer, the ISP will notify the Customer and the OAIC in accordance with the NDB scheme. The ISP may collect, retain and disclose information as required or authorised by law (including under the Telecommunications (Interception and Access) Act 1979 (Cth) and mandatory data retention laws), and may disclose information to law enforcement or regulators when legally required.
5.4 Prohibited Use. The Customer must not use the Internet Service in breach of law (including the Spam Act 2003 (Cth)), to infringe third-party rights, to attack or interfere with networks or services, or to allow open relays/proxies or similar practices that create security or abuse risks. The ISP may publish an Acceptable Use Policy on the Website, which forms part of this Contract, and may update it from time to time; material changes will be notified. The Customer is responsible for its own security posture (including patching, credential management, and the exposure of services or devices to the Internet) and acknowledges the ISP is not responsible for breaches arising from the Customer’s configurations or equipment.
5.5 Network management & IP addressing. The ISP may implement reasonable traffic management, rate-limiting, filtering, or port-blocking measures to protect network security, integrity, or performance, or to comply with law or regulator directions. Unless a static IP address is expressly included in the Selected Options, any IP address is dynamic and may change at any time. The Customer must not rely on the continued availability of a particular IP address unless a static IP address is included. The ISP may supply services using carrier-grade NAT (CGNAT). Inbound connections and certain ports may not be available unless a static public IP option is included in the Selected Options. Fees and availability for static public IP options are set out in the Selected Options or Relevant Pricing.
5.6 Upstream terms. To the extent the ISP notifies the Customer that an Upstream Supplier’s end-user terms or acceptable use conditions apply to a particular Internet Service, the Customer must comply with those terms. The ISP will make the relevant terms available on the Website or on request.
5.7 Credit assessment and credit reporting. The ISP may assess the Customer’s creditworthiness before supplying, or during the supply of, the Internet Service. Where the Customer is an individual or sole trader, or where a director/guarantor is an individual, the Customer (and each such individual) consents to the ISP collecting, using and disclosing credit-related personal information (as described in Part IIIA of the Privacy Act and the Credit Reporting Privacy Code) to and from one or more credit reporting bodies (CRBs) for purposes including assessing applications for commercial credit, managing the account, assisting with the collection of overdue payments (including by disclosing defaults), and updating credit information. This may include disclosure of identity details, applications for commercial credit, credit limits, payment history information, default information and (where applicable) serious credit infringement information. The ISP may also disclose such information to its professional advisers, debt collection agencies and legal representatives for these purposes. Details of the CRBs the ISP uses, and how to access or correct credit-related information or make a privacy complaint, are set out in the ISP’s Privacy Policy (and, where published, its Credit Reporting Policy). The ISP will only disclose default information to a CRB in accordance with the Privacy Act and the Credit Reporting Privacy Code, including providing required pre-listing notices and timeframes. Where an individual director or guarantor is involved, the ISP may require a separate written consent from that individual, and the Customer warrants it has informed any such individual of this clause 5.7. - Intellectual Property
All Intellectual Property on the Website and in the software, processes, methodology and know-how used by the ISP in its performance of the Contract remains the property of the ISP (or its licensors). - Confidential Information
Confidential Information must be kept confidential and only disclosed as permitted in performance of the Contract, with consent, or to professional advisers. Each party may disclose Confidential Information to its Related Bodies Corporate, Upstream Suppliers and professional advisers on a need-to-know basis for the purposes of the Contract, provided those recipients are bound by confidentiality obligations no less protective. - Warranties
8.1 Each party warrants it has authority to enter into and perform its obligations.
8.2 Except as expressly provided, all warranties, terms and conditions (including as to fitness for purpose) are excluded to the extent permitted by law. - Termination
9.1 Either party may terminate immediately if the other party breaches and fails to remedy within 10 days of notice, or becomes insolvent.
9.2 On termination all amounts due and applicable termination charges become immediately payable. The ISP will cease providing the service.
9.3 Early Termination – Fixed Term Services.
(a) If the Customer terminates a Fixed Term Service before the end of the committed contract term:
i. For Fibre and NBN-Enterprise Ethernet (NBN-EE) Services, the Customer must pay to Symsafe the charges for the remainder of the contract term, less any costs Symsafe reasonably avoids as a result of the early termination.
ii. For all other NBN Services, the Customer must pay any cancellation or early termination charges that Symsafe’s Upstream Supplier imposes, calculated in accordance with that supplier’s rules at the time of termination.
iii. For other Internet Services, the Customer must pay any cancellation or early termination charges Symsafe is required to pay to its Upstream Supplier.
(b) The Customer acknowledges that the early termination charges are a genuine pre-estimate of Symsafe’s loss, being amounts Symsafe is liable to pay to its Upstream Supplier(s), and are not a penalty.
9.4 Pre-Start Cancellation Fees. If the Customer cancels an order before the Service Start Date, the Customer must pay any order-withdrawal, pre-delivery, or build-phase fees that the ISP’s Upstream Supplier charges the ISP for that order (including, where applicable, phase-based NBN-EE withdrawal fees).
9.5 Churn/Transfer. If the Customer requests or authorises another provider to supply an equivalent service (including via churn/transfer), the affected service is deemed cancelled by the Customer on the churn date, and early-termination or order-withdrawal charges apply.
9.6 Prepaid recurring fees. Where the Customer has paid recurring charges in advance for an affected service, the ISP will credit or refund the unused portion from the effective termination date, less any non-recoverable third-party costs already incurred for that service, to the extent permitted by law. - Liability and Indemnity
10.1 Subject to clause 10.2 and any non-excludable rights under the ACL, the ISP’s total aggregate liability for all claims arising out of or in connection with an event (or series of related events) is limited to the amount paid for the affected Internet Service in the three (3) months immediately prior to the event giving rise to the liability. This limitation does not apply to liability for fraud, wilful misconduct, personal injury (including death), loss of or damage to tangible property, breach of confidentiality or privacy, or any liability that cannot be limited or excluded by law.
10.2 To the extent permitted by law, the ISP is not liable for any indirect, special or consequential loss, loss of profit, revenue, data or business opportunities, or for third-party claims, except as required by law.
10.3 Access to third-party services is subject to those providers’ terms; the ISP accepts no liability to the extent permitted by law and subject to clause 15.
10.4 The Customer indemnifies the ISP against third-party claims and reasonable costs to the extent caused by the Customer’s breach of the Contract, unlawful use, or misuse of the Internet Service, except to the extent caused by the ISP’s negligence, wilful misconduct or breach of law.
10.5 Symsafe Indemnity. Symsafe indemnifies the Customer against direct losses from:
(a) infringement of third-party IP by Symsafe; or
(b) breach of the Privacy Act, Telecommunications Act, or confidentiality by Symsafe.
10.6 End-User Claims. The Customer indemnifies Symsafe against claims by the Customer’s end users arising from their use of the service or equipment, except where caused by Symsafe’s negligence or breach of law. - Suspension and Security
11.1 The ISP may suspend or cancel a service (on notice where practicable) if:
(a) required for maintenance or emergency;
(b) suspected fraud, illegal use, or security risk;
(c) unusually high use or credit risk and, acting reasonably, the Customer does not provide prepayment/security on request;
(d) interconnection or Upstream Supplier issues prevent supply;
(e) regulator or law requires; or
(f) if a suspension due to events outside the ISP’s reasonable control continues for more than 30 days, the ISP may cancel the affected service on written notice to the Customer (see also Customer right in clause 11.3).
11.2 Access/recurring fees continue during suspension, except (a) where the suspension is caused by the ISP or an Upstream Supplier and a rebate or SLA credit applies, (b) during any period of total interruption to which clause 16.2 applies, or (c) to the extent non-excludable rights under the ACL entitle the Customer to a reduction or refund.
11.3 Prolonged suspension – Customer right to cancel. If a suspension due to events outside the ISP’s reasonable control continues for more than 30 days, the Customer may cancel the affected service on written notice without early-termination charges. The Customer remains liable for charges accrued up to the effective cancellation date. - SLA Credits
Any uptime, latency, or packet-loss service credits for an Internet Service will be no greater than the credits the ISP receives from the Upstream Supplier for the same incident/month and will be the Customer’s sole remedy to the extent permitted by law and subject to any non-excludable rights under the ACL. This clause does not limit any rights the Customer has under the ACL or any express indemnity in this Contract. - Fault Boundaries
The ISP is responsible for faults within the ISP’s network. The Customer is responsible for faults within the Customer’s premises, internal wiring, NBP/MDF/IDF, and the Customer’s equipment. If the ISP or its Upstream Supplier investigates and the fault is on the Customer’s side, the Customer must pay the investigation/repair charges at cost (including any amounts levied on the ISP by its Upstream Supplier). - Dispute Resolution
14.1 Disputes must first be negotiated in good faith, then referred to mediation under the Resolution Institute rules before litigation, except for applications for urgent relief.
14.2 Complaints. The ISP will manage complaints in accordance with its complaints handling policy published on the Website. Details of the ISP’s complaints handling process and TIO contact information are available on the Website. If the Customer is a residential or small business customer and is dissatisfied with the outcome, the Customer may contact the Telecommunications Industry Ombudsman (TIO). If a complaint relates to credit-related personal information or the ISP’s handling of information under Part IIIA of the Privacy Act or the Credit Reporting Privacy Code, and remains unresolved after the ISP’s internal process, the Customer (or relevant individual) may also complain to the Office of the Australian Information Commissioner (OAIC). - Consumer Guarantees
15.1 Business purpose: The Internet Service is supplied for business purposes. Nothing in this clause limits any non-excludable rights the Customer may have under the ACL (see clause 15.2).
15.2 Nothing in this Contract excludes non-excludable rights under the ACL.
15.3 To the extent permitted by section 64A of the ACL, where the ISP fails to comply with a guarantee under Subdivision B of Division 1 of Part 3-2 of the ACL in relation to services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the ISP’s liability is limited, at the ISP’s option, to resupplying the services or paying the cost of having the services supplied again.
15.4 Goods supplied. To the extent permitted by section 64A of the ACL, where any goods supplied by the ISP are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the ISP’s liability for a failure to comply with a guarantee under the ACL in relation to those goods is limited, at the ISP’s option, to replacement or repair of the goods, or payment of the cost of replacing or repairing the goods. - Force Majeure
16.1 Performance may be suspended for a Force Majeure Event. If suspended for 90+ days, either party may terminate the affected service(s) on notice without early-termination charges, and each party will pay amounts accrued up to the effective date (subject to any non-recoverable third-party costs already incurred).
16.2 Where a Force Majeure Event prevents the ISP from supplying an affected Internet Service in full for more than 24 hours, recurring charges for the affected service are suspended for the period of total interruption, to the extent permitted by law and excluding any non-recoverable third-party costs the ISP incurs. - General
17.1 Entire agreement; waiver; severability. This Contract is the entire agreement between the parties about its subject matter and supersedes all prior representations and agreements. A waiver of a right or remedy under this Contract is effective only if in writing and applies only to the specific instance for which it is given. If any provision is held to be invalid, illegal or unenforceable, that provision is severed and the remainder of this Contract continues in full force to the extent permitted by law.
17.2 The ISP is an independent contractor.
17.3 The ISP may subcontract but remains responsible.
17.4 The Customer may not assign this Contract without the ISP’s prior written consent (not to be unreasonably withheld or delayed). The ISP may assign by written notice provided the assignee assumes the ISP’s obligations and the assignment does not materially prejudice the Customer’s rights.
17.5 Insurance: The ISP will maintain professional indemnity and cyber liability insurance; the Customer will maintain public liability insurance and other appropriate insurance.
17.6 Third-Party Charges: Where the Customer uses third-party services the ISP makes available, the ISP may bill the Customer as the third-party billing agent.
17.7 Fees During Outages: Recurring fees remain payable during outages, except as provided in clause 16.2, and to the extent permitted by law and subject to SLA credits and ACL rights.
17.8 Survival. Clauses 2 (Charges and Payment) to the extent of accrued but unpaid amounts, 5 (Use of Internet Service), 6 (Intellectual Property), 7 (Confidential Information), 9.6 (Prepaid recurring fees), 10 (Liability and Indemnity), 12 (SLA Credits) to the extent they relate to past periods, 14 (Dispute Resolution), 15 (Consumer Guarantees), 16 (Force Majeure) to the extent of accrued rights, together with any other provision which by its nature is intended to survive, continue after termination or expiry of the Contract. - Notices
18.1 Except where the Contract anticipates that notifications will be made via the Website, notices from the ISP to the Customer under the Contract will be sent to the Customer at the Customer’s contact details specified in the Customer Information. It is the Customer’s responsibility to keep its contact details up to date.
18.2 Notices sent by email will be deemed received on sending, provided that the sender does not receive an automatic delivery failure notification. Notices sent by post will be deemed received:
(a) on the third day following posting if sent and received within Australia; and
(b) on the tenth day following posting if posted internationally.
18.3 Notices to the ISP. Notices to the ISP must be sent to the contact details published on the Website (or as otherwise notified in writing) and are deemed received when actually received by the ISP’s systems.
18.4 Customer notices by email. The ISP will accept notices from the Customer by email to the contact email published on the Website (or as otherwise notified in writing). Customer notices should include the Customer’s account or service number and must be sent by an authorised contact. - Governing Law and Jurisdiction
The Contract is governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the NSW courts. - Transfer of Ownership
20.1 The Customer may request to transfer responsibility for an Internet Service to another party. Such transfer requires Symsafe’s prior written approval.
20.2 A Transfer of Ownership must be documented in a Transfer of Ownership Agreement (see Schedule – Transfer of Ownership Agreement) signed by the Customer, the proposed new customer, and Symsafe. The proposed new customer must agree to be bound by the then-current Contract and Relevant Pricing from the Effective Date.
20.3 Unless otherwise agreed in writing, the current Customer remains liable for all charges up to the effective date of transfer, and the new Customer assumes liability for all charges from that date forward.
20.4 Symsafe may refuse a transfer where the proposed new customer does not meet Symsafe’s credit, technical, or business requirements.
Please continue to read the Connection Terms, which set out service-specific conditions (including setup steps, equipment responsibilities and performance information) that apply in addition to the General Terms. If there is any inconsistency, the order of precedence in clause 1.4 applies. Policies referenced in the General Terms (such as the Acceptable Use Policy and Fair Use Policy) form part of the Contract and are published on the Website.
Internet Services – Connection Terms
Note: These Connection Terms form part of your Contract (see clause 1.1 of the General Terms). They are numbered separately for clarity.
- Connection Terms
1.1 Unless stated otherwise, References to “clauses” in these Connection Terms apply only within this section. 1.2 Capitalised terms have the meanings given in the Definitions section at the end of this document. 1.3 In the event of any inconsistency, the order of precedence in clause 1.4 of the General Terms governs. - Fixed Line and Fixed Wireless Internet Service
2.1 The supply of Fixed Line Internet Service by the ISP is dependent on the relevant Suppliers’ networks in the Customer’s location and other factors which are outside the control of the ISP.
2.2 The supply of Fixed Wireless Connections by the ISP is dependent on suitable coverage of the relevant Suppliers’ networks in the Customer’s location and other factors which are outside the control of the ISP.
2.3 The ISP will use reasonable endeavours to determine that coverage is suitable prior to the Customer’s Registration but provides no guarantee as to coverage or that the Internet Service will be continuous or uninterrupted either on the Commencement Date or subsequently. - Setup
3.1 Fixed Line setup.
(a) Standard pricing includes:
(i) for NBN, NBN-EE, ADSL, VDSL or Fibre, technical and administrative services required to set up the Customer, including switching over from the Customer’s previous internet provider where applicable; and
(ii) modem/router setup.
(b) Standard pricing does not include:
(i) the NBN New Development charge; and
(ii) any NBN Co one-time connection or activation fee where required (as published by NBN Co and updated from time to time).
3.2 Fixed Wireless setup.
(a) Standard pricing includes: technical and administrative services required to set up the Customer, including switching over from the Customer’s previous internet provider where applicable.
(b) Standard pricing does not include modem setup.
3.3 The Customer is responsible for notifying its existing internet provider (if any) to cancel that connection and for adhering to the required notice period (considering fixed term commitments and termination charges, if any, in the Customer’s existing agreement for internet service).
3.4 Modem/Router.
(a) A modem and/or router is required for each Fixed Line and Fixed Wireless Connection and is available from the ISP at the Customer’s cost. On payment in full by the Customer for a modem supplied by the ISP, title to the modem passes to the Customer. Nothing in this clause 3.4 limits any non-excludable rights under the ACL.
(b) The Customer may use a modem not supplied by the ISP. The Customer is responsible for ensuring compatibility.
(c) Risk in any modem/router supplied by the ISP passes to the Customer on delivery.
3.5 If any additional services are required for setup prior to commencement of the Internet Service, they will be charged at the ISP’s standard rates.
3.6 Premises access & appointments. The Customer must provide safe and timely access to premises and facilities reasonably required for connection, maintenance, or fault restoration, and must ensure it has obtained any necessary consents (including landlord/owner approvals). If a scheduled visit cannot proceed due to the Customer’s act/omission (including no access) or an incorrect fault report and the ISP or its Upstream Supplier incurs a missed-appointment or incorrect-call-out fee, the Customer must pay that fee at cost. - Landline
Fixed Line and Fixed Wireless Connections do not include a landline. - NBN, ADSL and VDSL
5.1 Unlimited data is available, subject to Fair Use (clause 5.2 of the General Terms).
5.2 Internet Service speeds described are indicative only. Speeds may vary due to factors outside ISP control. The ISP will use reasonable endeavours to publish typical busy-period speeds for relevant plans and to keep that information up to date. - Fibre
6.1 Unlimited data is available, subject to Fair Use.
6.2 Speeds are indicative only and may vary. The ISP will use reasonable endeavours to publish typical busy-period speeds for relevant plans and to keep that information up to date. - Fixed Wireless
7.1 Data caps may apply depending on Selected Options and Service Plan. Additional data may be purchased.
7.2 Speeds are indicative only and may vary. The ISP will use reasonable endeavours to publish typical busy-period speeds for relevant plans and to keep that information up to date.
Definitions
• “Acceptable Use Policy” means the policy published by Symsafe on its Website (as amended from time to time) that sets out prohibited or restricted uses of the Internet Service.
• “ACL” means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• “APPs” means the Australian Privacy Principles under the Privacy Act.
• “CGNAT” (carrier-grade network address translation) means a network technique where multiple customers share a single public IPv4 address, which can limit inbound connections and the availability of certain ports unless a static public IP address is provisioned.
• “Commencement Date” means the date the Contract is made under clause 1.1.
• “Confidential Information” means information of a party (in any form) that is marked or stated as confidential or is by its nature confidential, including technical, financial, pricing, customer and network information, but excluding information that is or becomes public (other than through breach), was lawfully known to the recipient, is independently developed, or is required to be disclosed by law or regulator (with notice where lawful).
• “Connection” means activation of the Internet Service on the relevant network as notified by the ISP (which may be stated as the Service Start Date).
• “Connection Terms” means the Internet Services – Connection Terms forming part of the Contract.
• “Contract” has the meaning given in clause 1.1.
• “Credit Reporting Body (CRB)” means an organisation permitted under the Privacy Act to provide credit reports about individuals to credit providers for credit-related purposes.
• “CSG” means the Telecommunications (Customer Service Guarantee) Standard 2011.
• “Customer” means the person or entity identified in the Customer Information that enters into the Contract with the ISP.
• “Customer Information” means the Customer details and identifiers provided during Registration, in the Proposal, or via the ISP’s ordering systems. • “Direct Debit Request (DDR)” means an authority in a form approved by Symsafe authorising Symsafe to debit amounts payable under the Contract from a nominated bank account or card in accordance with Symsafe’s DDR Service Agreement.
• “Fair Use Policy” means the policy published by Symsafe on its Website (as amended from time to time) that applies to unlimited and high-usage services.
• “Fixed Term Service” means an Internet Service supplied for a minimum committed term specified in the Selected Options.
• “Force Majeure Event” means an event or circumstance beyond a party’s reasonable control, including natural disasters, epidemics/pandemics, war, terrorism, civil unrest, industrial disputes not caused by the affected party, failure of utilities or networks, supplier outages, and acts or directions of a regulator.
• “Intellectual Property” means all present and future intellectual and industrial property rights, including copyright, trade marks, designs, patents, circuit layouts, domain names, trade names, confidential information and know-how, whether registered or unregistered, and all applications and extensions anywhere in the world.
• “Internet Service” means the internet connectivity service(s) selected in the Selected Options and supplied under the Contract.
• “ISP” (Internet Service Provider) means Symsafe Pty Ltd, and includes its permitted assigns and authorised subcontractors.
• “NBP” means the network boundary point; “MDF/IDF” means main/intermediate distribution frame.
• “NBN-EE” means NBN Enterprise Ethernet.
• “NDB scheme” means the Notifiable Data Breaches scheme under the Privacy Act.
• “OAIC” means the Office of the Australian Information Commissioner.
• “Privacy Act” means the Privacy Act 1988 (Cth).
• “Proposal” means any written quote or proposal issued by the ISP describing services, pricing and Selected Options.
• “Registration” means the Customer’s ordering of the Internet Service, including by accepting a quote, proposal or online order for the selected service(s).
• “Related Bodies Corporate” has the meaning given in the Corporations Act 2001 (Cth).
• “Relevant Pricing” means the fees and charges for the Selected Options, as set out on the Website, in the Proposal or otherwise agreed in writing.
• “Selected Options” means the service plan, speed tier, inclusions, term and options the Customer selects in the Proposal, Website order or other ordering process.
• “Service Plan” means the plan details for an Internet Service, including speed tier, inclusions, data allowance (if any) and monthly fees, as selected in the Selected Options or recorded in the ISP’s ordering systems.
• “Service Start Date” means the date the ISP notifies the Customer the Internet Service is ready for use (and may be the date of Connection).
• “SLA” means any service level commitment or service credit framework that applies to an Internet Service, as published by the ISP or its Upstream Supplier for that service.
• “Suppliers” or “Upstream Supplier(s)” means third parties (including carriers and wholesalers) who provide networks or services the ISP uses to supply the Internet Service.
• “Telecommunications Act” means the Telecommunications Act 1997 (Cth).
• “TIO” means the Telecommunications Industry Ombudsman.
• “Website” means the ISP website where service information, policies and pricing are published.