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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.

2. Termination

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.

4.6 Should you cancel your telephone service provided by the local loop, the Service will also cease to function.

4.7 Data travelling to and from the Service will be metered and is subject to our Acceptable Usage Policy (AUP).

5. Liability & Warranty for DSL

5.1 Due to technical limitations by the Carrier, the Service can only be provided on a "Qualified Pair" telephone line, as described and determined by the Carrier.

5.2 The Service is not guaranteed to work and there is no time frame for the restoration of a service in the event of a failure.

5.3 You warrant that the End User to whom the Carrier supplies a standard telephone service is the same End User of this Service and you acknowledge that the Installation of the Service may cause temporary disruption to the standard telephone service used in this application.

5.4 You agree to release and indemnify WellCom, the Contractor and the Carrier for any and all liability arising from the following: (a) Disruption in the delivery of your telephone service, (b) Cancellation of the Service for any reason, (c) Suspension of the provision of the Service to particular Internet Protocol (IP) addresses or (d) Cancellation of, or refusal by WellCom to provide services deemed by the Carrier to be incompatible with the provision of ADSL on the nominated analog telephone line.

6. Acceptable Use Policy (AUP)

6.1 The default network AUP for ADSL Service is:

6.2 Once the default network AUP has been reached during a calendar month, the speed may be slowed to 64Kbps/64Kbps.

6.3 You agree not to use your Service for illegal purposes and to conduct yourself in a responsible and considerate manner, and not to use the Service in a manner that is detrimental to other customers.

6.5 Hacking, Denial of Service (DoS) attacks, spamming, sending unsolicited bulk commercial e-mail, transmission or storage of any data which would contravene Australian laws is forbidden, as is unauthorized access to system areas of WellCom.

6.6 You are responsible for not disclosing your username and password to access the Service, and you agree not to disclose these to any other person.

6.7 You must notify us immediately if your username and/or password are lost.

6.8 You are responsible and liable for any unauthorized use of the Service.

6.9 You acknowledge that by default TCP/IP port number 25 (SMTP) will be blocked for incoming traffic.

6.10 You also agree that WellCom may block additional ports should we so require for network security or network efficiency.

7. WellCom ADSL Special Plans

13.1 WellCom will from time to time have special deals for ADSL. These are "Special Offers" over a 24-month period.

7.2 It is agreed to by signing the application form for plans marked as "Special Offer", that you agree to the terms and conditions of these "Special Plans".

7.3 If the plan is cancelled before the 24-month contract has expired. You agree to pay WellCom an amount not exceeding $7.50 per month for the remainder of the contracted period plus any disconnection fees incurred.

7.4 When the contract has expired, you will be put onto the standard plan applicable to the speed of the "Special Offer".