ADSL Terms and Conditions
1. WellCom ADSL Terms and Conditions
The WellCom ADSL terms and conditions are to be read in conjunction with the WellCom General Terms and Conditions.
Please read this Agreement carefully.
Should the Service be terminated within 6 months from the Service Supply Term starting Date by any of the following actions:
2.1 Cancellation of the Service at your request, this includes "churning" to another provider.
2.2 Re-location of your Service from the installed Service address,
2.3 disconnection or cancellation of the phone line that the Service is attached to, you will be liable for a $140.00 termination fee together with Charges applicable for the Supply Term and any notice period. After 6 months a $70.00 disconnection fee will apply.
3. Your Obligations to us
3.1 You must provide us with accurate and truthful information in your ADSL Service Application Form and keep us informed of any changes thereto and you are responsible for all Telecommunications charges required for connecting to the Service.
3.2 You will indemnify us in respect of all costs, damages, and loss whatsoever including any third party claims or costs, howsoever arising from any default, breach or termination of this Agreement by you.
3.3 Should you terminate the Service prior to the expiration of a Supply Term you will immediately pay to us the Charges that would have been payable for the relevant Supply Term had the termination not occurred.
3.4 You agree that you will not contact the Carrier for any reason, unless authorised to do so by WellCom, and agree that if you do contact the Carrier that you may be liable for any costs imposed on us by the Carrier.
3.5 You agree that all IP addresses assigned under this agreement remain the property of the Carrier and that these may change from time to time.
3.6 You agree that you will not interfere with the normal operation of the service or any facility, or make either unsafe.
3.7 You will allow the Carrier, Contractor or WellCom safe access to your premises as required.
3.8 You agree to ensure that the Carrier, Contractor or WellCom are provided with sufficient and timely access to your premises to enable the Carrier, Contractor or WellCom to provide the service.
3.9 If you do not have control or have access to the premises in which the service is delivered, you must: Procure for the Carrier, Contractor or WellCom all such access to the premises as may be required and indemnify the Carrier, Contractor or WellCom against any claim by the owner or occupier of the service premises, or any person, in relation to the entry of those premises.
4. Service Description
4.1 The Service uses Asymmetrical Digital Subscriber Line technology and any transmission speeds referred to by us, refer to the maximum theoretical speed achievable with the Service under ideal conditions,
4.2 you acknowledge that actual speeds may be different than the theoretical speeds. Speeds may vary for reasons, which include but are not limited to: (a) Carrier line interference, (b) Internet Congestion, and (c) errors in the configuration of your equipment.
4.3 Additional Carrier service features may interfere with the supply of the Service. These include but are not limited to: (a) Customer Loop Metering, (b) In Contact, (c) Line Hunt, (d) On Ramp, (e) Payphone, and (f) Site line and that any other telephony equipment used on the same line as the Service must be isolated from interference by the use of an ADSL line filter.
4.4 The Service is provided on an "as is" basis and we cannot guarantee the provision of the Service to you where the service is reliant on another Carrier.
9.4 No service level guarantee is provided for this Service, however we will use our best efforts to provide timely restoration of service, however no guarantee is provided.
4.5 The service is only available as an overlay to existing copper local loop provided by the Carrier.