SkyMesh supplies Services on the terms and conditions in your Agreement with us. If you obtain or seek to obtain Services from us, you do so in accordance with the terms and conditions contained in the documents which comprise your Agreement with us.
These are our General Terms. When we supply you with a Service or any ancillary goods or services, our General Terms apply by agreement between us or, failing agreement, under section 479 of the Telecommunications Act 1997.
Your Agreement with us comprises:
Unless expressly stated otherwise, the order of precedence between the various parts of our Agreement will be resolved in favour of the document appearing earlier in the Your Agreement list shown above.
If you require any assistance or further information, please contact our Customer Service Team on 1300 759 637. If you have a hearing or speech impairment you may wish to contact the National Relay Service (NRS) on 133 677 from anywhere in Australia. For language assistance, contact the Translating & Interpreting Service (TIS) on 131 450 from anywhere in Australia.
The following definitions apply unless the context requires otherwise:
Acceptable Use Policy means our policy which applies to your use of the Services, a copy of which is accessible on our Website.
AEST means the Australian Eastern Standard Time (UTC+10).
Agreement or our Agreement see clause 1.3.
Application means an application made by you for the provision of Services by us, made by way of either:
Approved Purposes means:
Business Day means any day other than a Saturday, Sunday or days which are public holidays.
Business Hours means 8.00am to 6.00pm Monday to Friday (AEST), excluding days which are public holidays.
Charges means the charges payable by you to us pursuant to this Agreement including but not limited to access, usage, default fees, interest, service call-out, repairs and equipment removal fees.
Claim includes any debt, cause of action, liability, claim, proceeding, suit or demand of any nature however arising under or in connection with this Agreement or its subject matter and whether present or future, fixed or unascertained, actual or contingent, arising under contract (including under any indemnity), tort (including negligence), under statute or otherwise.
Commercial Credit has the meaning given in section 6 of the Privacy Act 1988 (Cth).
Conditions of Service means the specific terms and conditions applying to a particular Service as set out in the Conditions of Service for the particular Service available from our Website at the time the service is connected.
Consequential Loss means loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss, loss of data, loss of value of equipment (other than cost of repair), loss of opportunity or expectation loss and any increased operating costs suffered or incurred by any person whether arising in contract or tort (including negligence) or under any statute, any other form of consequential, special, indirect, punitive or exemplary loss or damages and any third party loss.
Consumer Guarantee means a guarantee referred to in Clause 15.4, as more fully described in Schedule 2, Part 3-2, Division 1 of the Competition and Consumer Act 2010 (Cth).
Credit Reporting Agency has the meaning given in section 6 of the Privacy Act 1988 (Cth).
CSG has the meaning given in Clause 15.2.
Customer Equipment means any equipment or facility in the possession, ownership or control of you other than Service Equipment.
Disclosed Purpose means a particular purpose for which you have acquired the Equipment or Service which you have made known to us, (either expressly or by implication).
Due Date unless otherwise agreed, means the date specified on the invoice as the due date.
Equipment unless otherwise specified, means Service Equipment or Purchased Equipment.
Facilities has the meaning given in the Telecommunications Act 1997.
Fee(s) means a fee payable for a Service as set out in the Application, the relevant Conditions of Service or our Schedule of Fees and Charges and any other amount payable by you in accordance with the terms of our Agreement.
Fixed Term has the meaning given in Clause 3.5.
Force Majeure Event means an event that is beyond our reasonable control, including acts of God or natural disasters, fire, lightning, explosions, flood, subsidence, insurrection, civil disorder or military operations, war, terrorism, government or quasi-government restraint, expropriation, prohibition, intervention, direction or embargo, strikes, lockouts or other industrial disputes of any kind.
GST has the meaning given in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Interest means interest at the Reserve Bank Cash Rate plus 2% calculated daily and compounded monthly.
Internet Access means being able to access the Internet such that data can be transferred to and from the user’s computer.
Interruption in the supply of goods or a service means a delay in supplying, a failure to supply or an error or defect in the supply of, those goods or that service.
Law means Commonwealth, State, or local legislation, judicial, administrative, or regulatory decrees, judgments, awards or orders, binding industry codes and all common laws and equity.
My SkyMesh means the SkyMesh customer self-service portal at https://my.skymesh.net.au/.
Our Network means the infrastructure used and/or maintained by us to provide you with your Service. Our Network does not include the computer networks that make up the Internet.
Personal Information means any information or document referred to in section 276(1) of the Telecommunications Act 1997 and any Personal Information within the meaning given in section 6 of the Privacy Act.
Plan or Online Application Notes means any additional terms for a Service notified to you under the heading ‘Plan Notes’ or while completing an online application.
Privacy Act means the Privacy Act 1988 (Cth).
Purchased Equipment has the meaning given in Clause 11.
Schedule of Fees and Charges or Schedule of Fees means our prices for Services and administrative fees and charges payable in accordance with our Agreement, as displayed on our Website.
Service(s) means a product or service which we have agreed to supply to you as stated in your Application.
Service Equipment has the meaning given in Clause 10.
Shaped Services or Shaping means the controlled reduction in speed of an Internet service.
SkyMesh, we, us or our means SkyMesh Pty Ltd (ABN 38 613 736 137).
Taxable Supply has the meaning given in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Telecommunications Act means the Telecommunications Act 1997 (Cth).
Third Party Supplier means a third party supplier from whom we acquire wholesale services which form all or part of the Service we provide to you.
Website means https://www.skymesh.net.au/ or My SkyMesh.
you or your means the current account holder for the Services.
Headings are for convenience only and do not affect interpretation. The following rules apply unless the context requires otherwise.
We are not responsible for training you in the use of Services.
We will obtain and hold any necessary licences required under Law in relation to our provision of Services to you.
Our Agreement commences when we accept (at our sole discretion) your Application and continues until terminated in accordance with our Agreement.
When you request us to supply a Service to you, which may be made using our Application Forms (either online or printed), or by telephone, we decide whether to accept your Application and to supply the Service to you based on:
The terms of these General Terms do not apply to the extent that we have agreed on different conditions with you. In particular, the Application which you completed in order to receive the Service and the Conditions of Service relating to your required service may require different terms, for example you may be required to receive the Service from us for a minimum or fixed term which is greater than a month to month period (‘Fixed Term’). In such cases, your Application and the Conditions of Service will state the specific details of the term which applies.
You agree that we may use Third Party Suppliers for the provision of Services to you. You will not contact any of our Third Party Suppliers for any reason in relation to the Services. You acknowledge that if you do contact one of our Third Party Suppliers that you will be liable for all costs imposed on us by our Third Party Supplier in connection with you having contacted that Third Party Supplier directly.
You acknowledge and agree that our obligation to give you thirty days’ notice of our proposed changes and to afford you a right to terminate our Agreement in accordance with Clause 3.8 will not apply in relation to:
Where practicable to do so, we will give you reasonable notice of the changes referred to in this Clause 3.9 in accordance with the notice provisions of Clause 18.1.
If you require your account to be changed into the name of another person, you can do so by having you and the new account holder complete the Account Holder Change Form (which will attract an administrative fee as set out in our Schedule of Fees and Charges). You will remain liable for your obligations under our Agreement up to the date that we acknowledge acceptance of the change of account holder. The new account holder will be required to agree to be bound by the Agreement prior to the transfer being accepted by SkyMesh.
Upon making your Application you will be informed of any discount or special rate for which you may be eligible. If you are eligible for a rebate, such as a promotional rebate, we will inform you in writing of such an entitlement.
Unless expressly stated otherwise, all amounts payable by you under or in connection with our Agreement are inclusive of GST. If GST is payable on a Taxable Supply made to you, the amount payable by you for that Taxable Supply will be the amount expressed in our Agreement or the relevant document connected with our Agreement.
We may invoice you for the Service, plus any applicable GST. We may vary invoice frequency upon giving you reasonable notice. All portions of your use of the Services are charged for and unused allocations are not transferable or refundable. We reserve the right to reissue an invoice if any error in the amount shown owing on the invoice is subsequently discovered.
We may issue an interim bill in the following circumstances:
We will refund or credit any overpayment due to a variation in the Fees or cancellation of a Service. If we have undercharged you, you will be liable for any underpayment.
Fees will be calculated by reference to data recorded or logged by us. Records held by SkyMesh will be conclusive evidence of the Usage of your Service and charges payable by you.
Data is calculated monthly in accordance with your Conditions of Service.
All Fees must be paid in full by the Due Date.
Residential services must be paid by credit card standing authorisation or direct debit.
Business customers may pay outstanding invoices for business services either by credit card standing authorisation, direct debit, or electronic funds transfer.
We reserve the right to charge you for any fees that we incur from or must pay to your bank. If there is any payment discrepancy or disagreement about bank charges applied, you should contact us before you contact your bank and we will try to resolve the issue. If you contact your bank and we incur a bank fee as a result, we reserve the right to pass this fee on to you.
We reserve the right to charge a late payment fee as set out in Our Schedule of Fees and Charges in respect of any invoice which is not paid to us by the Due Date.
We reserve the right to;
In addition to any other rights that we have under the Agreement in relation to late payment, if an invoice is paid by direct debit or credit card authorisation and sufficient funds are not available, a dishonour fee will be added to your next invoice as set out in the Schedule of Fees and Charges.
We may use debt recovery services to recover any outstanding Fees (which will include any administrative fees and you may be liable for any charges and collection costs such as legal costs).
If you have agreed to receive a Service from us for a Fixed Term and then cancel that Service before the expiry of the Fixed Term, you will be liable to pay an early termination fee of $200.
If we cancel, suspend or disconnect any Service for non-payment, you remain liable for all Fees and other liabilities incurred before the date of cancellation, suspension or disconnection of the relevant Service.
We may charge you a fee for the disconnection or reconnection of any Service as set out in the Schedule of Fees and Charges, except where the disconnection was caused by our error or our failure to perform our obligations under this Agreement.
Unless we agree in writing, you must pay the Fees without any set off, counterclaim or deduction.
If you ask us to transfer any of the Services to another supplier, then you remain liable to us for any amount payable in relation to the supply of the Services up to the date on which we transfer those services to another supplier. You will pay us that amount by the Due Date.
The provision of Services ceases on the date on which we transfer your services to another supplier.
We will endeavour to invoice you for Fees incurred in relation to Services which you transfer to another supplier within the next normal billing period. If, after that time, we become aware of other Fees or amounts (including fees payable to any other supplier) for those Services up to the date of transfer, or we resolve any dispute so that any liability relating to those Services is quantified and payable by you, then you will pay us all such amounts within 7 days of your receipt of our invoice for them.
We will not accept liability for any amounts owing by you to a supplier or other person. You must indemnify us against any Claim made by a supplier or other person against us in relation to any such amounts.
You consent to us obtaining, using and disclosing your Personal Information for any of the purposes specified in this Clause 6. If you choose not to provide all or part of the Personal Information we request, we may not be able to provide you with the Services, or we may refuse to provide or limit the provision to you of any Service or credit.
Unlisted service information is marked and controlled by the manager of the IPND to ensure that it is only used for the relevant Approved Purposes (unlisted numbers or suppressed address listings recorded in the IPND are not available to the general public via public number directories or directory assistance services). You must notify us of any change to your IPND data and you may request changes to the listing status of your Service by contacting us on 1300 759 637.
If you do not wish to receive direct marketing in accordance with this Clause 6.2(e), please call 1300 759 637.
Where we hold any Personal Information about you, you may request access to that information. We will provide you with access to most Personal Information that we have about you (once we have verified your request is in good faith) but in some cases that will not be possible, in which case we will tell you why.
To the extent that you provide us with Personal Information which you have collected or accessed for the purposes of receiving the Services you must:
You must keep sufficient records in respect of Personal Information that you collect, store, use and disclose pursuant to our Agreement to enable us to determine whether you are complying with your privacy obligations under our Agreement, and must provide us with access to such records at our request.
You warrant that any such Personal Information that you provide to us is complete and accurate and agree to indemnify us against any Claim that may be incurred by us relating to any Personal Information which you provide to us not being treated in accordance with your obligations under Clauses 6.6 and 6.7.
We retain all rights (including intellectual property) in any information we provide to you relating to the Equipment, the Services or to the provision of the Services which, by its nature, or the circumstances of its disclosure to a recipient, is or could reasonably be expected to be regarded as confidential (“Confidential Information”).
You will not disclose Confidential Information to any third party and will not allow any written or electronically recorded Confidential Information to be copied or disclosed to a third party without our consent (unless you are required to do so by Law or the information has entered the public domain other than through a breach of confidence). You may also disclose Confidential Information to your professional advisers on condition that they also agree to keep the information confidential.
On the termination of the Services for any reason, you will return the Confidential Information and all copies of it to us or as we otherwise reasonably direct. If you have destroyed these, or any of them, then you will give us a written declaration to that effect upon our demand following termination of the Services.
You will not use information which you acquire from us for any purpose unauthorised in writing by us or in any manner which may cause us loss, whether by way of damage to our reputation, financial loss or otherwise.
You are responsible for the use of your Service and you will not use your Service other than in accordance with our Agreement and Laws and obligations applicable to the Services and their use.
You acknowledge and accept that any access to the Internet involves security risks and that new threats to Internet security are continually evolving. You accept responsibility for maintaining your own security and acknowledge that we have recommended that you should at least:
You warrant that the information supplied by you in relation to our Agreement is true and correct. You will promptly inform us of any changes to this information.
For the duration of our Agreement, you will provide us free of charge with all assistance, information, access, facilities and services reasonably required by us to enable us to perform our obligations under our Agreement, including use of Customer Equipment (including PABX and key system equipment) and any other telecommunications facilities which you own or control, if required.
You are responsible for insuring and maintaining Equipment or facilities which we provide to you.
You will promptly inform us of any changes to your billing or address details.
You will indemnify us against any Claim we suffer as a result of your use of the Service to commit an offence or otherwise in breach of Clause 9.5.
You will assist us in ensuring that any Equipment or Customer Equipment necessary for you to receive the Services is installed and programmed so that calls to destinations nominated by us from time to time are, so far as possible, carried by facilities preferred by us.
If inadequate capacity in the Customer Equipment or Equipment or your use of the Service interferes, or in our opinion threatens to interfere, with the efficiency of any network used in the supply of the Services, you must follow our directions or the directions of the relevant network operator on how to end or avoid that interference.
You must not connect or maintain a connection to a facility used in connection with the supply of Services to you or other parties which does not comply with technical codes, standards or regulations made under the Telecommunications Act, with any declaration or other requirement of the Australian Communications and Media Authority or with any code, standard or guideline published by the Australian Communications Alliance Ltd.
You must not use or allow another person to use a Service to transmit or publish any material which is defamatory of any person, or any material in breach of copyright or any obligations of confidentiality, or otherwise in breach of any Law. If you breach this clause, we may suspend or cancel the Service in accordance with Clause 14.4(f).
We have adopted a repeat infringer policy in accordance with section 116AH of the Copyright Act 1968. Without limitation to any other rights that we have under the Agreement, we may issue warning notices, suspend or terminate your service in accordance with such policy.
If we provide a facility or any item of equipment (‘Service Equipment’) to you either for use in the provision of the Services to you or otherwise, (but we do not sell that Service Equipment to you), then:
We may at any time replace any of our Service Equipment as we think fit. If we have agreed to provide a Service to you for a Fixed Term, replacement of Service Equipment will be subject to our obligations under Clauses 3.7 and 3.8.
We may suspend Services for a reasonable period of time to perform maintenance on the Service Equipment, provided that in each case, we will use our reasonable endeavours to:
If we use any of your facilities or Customer Equipment to provide the Services to you, you are responsible for the maintenance of your facilities and Customer Equipment unless we otherwise agree in writing.
You will ensure that the Service Equipment, and any other Customer Equipment, facilities or connections used in providing Services, are not altered, maintained, repaired or connected to, or disconnected from, any power source or line except by service personnel approved by us.
You will make available and be responsible for payment of, an adequate power supply for the operation of any Equipment or Customer Equipment used in the provision of Services. If provision of the Service is dependent on the supply of electricity we do not guarantee the supply of the Service where the supply of electricity is either disrupted or discontinued.
If we request you to, you must insure any Service Equipment for an amount and on terms reasonably required by us.
On the termination of supply of the Services for any reason you will immediately return all Service Equipment to us, or make it available for collection by us. If you do not return the Service Equipment, you must pay to us on demand the full retail price of the Service Equipment (including the cost of acquiring or renewing any necessary software licences).
If we sell to you a facility or any item of equipment (‘Purchased Equipment’) either for use in the provision of the Services to you or otherwise, then:
Risk of loss or damage to the Purchased Equipment will pass to you upon delivery.
Subject to agreement between us as to which Services and/or Purchased Equipment we install, we will install such Services and/or Purchased Equipment at a site nominated by you. We may charge you our current Fees (including travel and accommodation expenses) for installing the Purchased Equipment and/or a Service. We will use reasonable endeavours to install the Purchased Equipment and/or a Service on or around the installation date requested by you but will not be liable for any loss or damage for failure to do so.
You agree to acquire, and we agree to supply, the Purchased Equipment in consideration for the price set out in the Application or as otherwise notified by us to you.
You will prepare the installation site in accordance with the site preparation requirements reasonably required by us. We may refuse to install Purchased Equipment and/or a Service if the installation site has not been prepared in accordance with our reasonable requirements. We may agree from time to time to change the installation site, in which case we will be entitled to impose an additional Fee for our costs.
Subject to the Consumer Guarantees set out in Clause 15.4:
We will provide free technical support relating to the diagnosis and resolution of Service related faults. This support is only provided by telephone, email and via our website. You are able to lodge a Support request by phoning 1300 759 637. Support requests may also be lodged via email to email@example.com, via fax to 1300 859 637 or via SMS to 0458 759 637. The support does not extend to issues originating from your side of the Network Boundary which include but are not limited to issues with the cabling in your premises, your computer, software and network hardware (excluding hardware supplied by SkyMesh). SkyMesh free support is defined as telephone support between the hours of 8:00 am to 8:00 pm AEST Monday to Friday and from 8:00 am to 5:00 pm AEST weekends and selected Australian public holidays. Should you require additional support, it may be provided by SkyMesh at our sole discretion and at an hourly rate as defined in our Schedule of Fees and Charges.
We are not responsible for, and will not provide support for, any fault caused by:
We have a TCP Code compliant Complaints Handling Policy to resolve our customers’ issues, quickly and efficiently. If you are not satisfied with our handling of your complaint under that process, you may then lodge a complaint with the Telecommunications Industry Ombudsman (TIO). Details on how to lodge a complaint are on our website at https://www.skymesh.net.au/complaints/. It’s a TIO requirement that you first give us a reasonable opportunity to settle your complaint before the TIO will become involved.
We have a TCP Code compliant Financial Hardship Policy for customers who are temporarily experiencing genuine financial hardship due to unforeseen circumstances and are unable to pay their SkyMesh bill. Details are on our website at https://www.skymesh.net.au/hardship/.
If you request a Service from us and cancel that request before we provide the Service, you may be liable to pay us the service cancellation fee as set out in the Schedule of Fees and Charges for our costs incurred in preparing to provide the Service.
We may suspend, limit or cancel a Service if:
Subject to our rights in Clause 14.1(a), if we cancel or suspend the Service for any of these reasons, we will not charge you any disconnection or reconnection fee. If your account is terminated as a result of any of these events, you will be entitled to a refund of the unexpired portion of any amounts you have paid in advance in accordance with Clause 4.13.
We may suspend, limit or cancel a Service if:
and we have taken reasonable steps to notify you of the suspension, limitation or cancellation of the Service; or
If we cancel or suspend the Service for any of the reasons listed in this Clause 14.4, you will be liable to pay a disconnection fee and (if we agree to reconnect the Service) a reconnection fee, as set out in the Schedule of Fees and Charges, in addition to your liability to pay all other Fees incurred up to the time of cancellation of the Service in addition to any other rights we may have under the Agreement or at Law (including our right to Interest for late payment).
SkyMesh reserves the right to remove any Service:
If we advise you that we are removing your Service, you will not be liable to pay a disconnection fee, but will be liable to pay all other Fees incurred up to the time we remove your Service.
If we have agreed to provide a Service to you for a Fixed Term or any other agreed period, and that Fixed Term or other period expires and neither you nor we cancel the Service, we will continue to supply the Service to you on a month-to-month basis.
We may charge you a fee for the disconnection or reconnection of any Service as set out in the Schedule of Fees and Charges, except where the disconnection was caused by our error or our failure to perform our obligations under this Agreement or was the result of any of the events specified in Clause 14.3.
You remain liable for all Fees payable in respect of Services provided to you up to the time of cancellation, suspension or termination.
We are liable to you for:
which is caused by our fault, negligence or fraud.
This Clause 15.2 applies subject to any waiver of your entitlements under the Customer Service Guarantee Standard (the ‘CSG’) that you have provided to us. It may be a condition of some services that you waive your entitlements under the CSG.
We agree to provide Services to you subject only to the terms, conditions and warranties contained in the Agreement and those imposed by Law which cannot be excluded. For example, if we supply Equipment or a Service to you which costs less than a prescribed amount (currently $40,000) or which, regardless of cost is of a kind ordinarily acquired for personal, domestic or household use, then Consumer Guarantees require that:
To the maximum extent permitted by Law, we have no liability to you or to any other person for:
Cancellation of a Service or termination or expiry of this Agreement does not affect the provisions of this Agreement concerning limitation of liability and indemnity.
Subject to our obligations under the CSG as described in Clause15.2, we are not liable for, and will not be deemed to be in breach of this Agreement in the event of:
if it is caused directly or indirectly by a Force Majeure Event.
If any delay, Interruption or failure to deliver under Clause 16.1 continues for more than 3 months after the commencement of the delay, Interruption or failure to deliver, then either party may terminate the affected Service(s) by notice in writing to the other party.
You may not assign or transfer or otherwise deal with any of your rights under this Agreement without our prior written consent.
We may satisfy any obligation to give you notice by:
Notices will be deemed given:
We will seek to resolve any dispute by agreement or consultation with you and request that you phone our Customer Service Manager on 1300 759 637 in the first instance. If a dispute remains unresolved, you may have rights under the Telecommunications Industry Ombudsman (TIO) scheme. For further information go to https://www.tio.com.au/ or call the TIO on 1800 062 058 or (TTY) 1800 675 692.
A current version of our General Terms, the Schedule of Fees and Charges and the Conditions of Service may be found on our Website.
You do not own or have any legal interest in any of our intellectual property or in any telephone number, IP address, domain name, personal identification number or other locator or identifier issued by us to you.
If you have a business Service, you agree that if we need your consent to undertake certain actions then, provided we act in good faith, we may rely upon the authority of any of your employees, who tell us that they are authorised to provide that consent on your behalf. For residential Services, you must inform us if you want another person to have authority to access or make changes to your Service or account. Subject to our rights and obligations in Clause 6, we will not let another person access your account unless we have received your authority to so.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements and understandings between the parties in connection with it.
This Agreement is governed by the Laws applicable in the State of Queensland. The parties submit to the non-exclusive jurisdiction of the courts of Queensland.
You acknowledge that:
We may subcontract any of our obligations under this Agreement.
No failure to exercise, nor any delay in exercising, any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless made in writing.
Any provision of this Agreement which by its nature is intended to survive termination or expiry of this Agreement (including without limitation any exclusion or limitation of liability or indemnity in this Agreement) will survive termination or expiry of this Agreement for any reason.
Any provision of the Agreement that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of the Agreement nor affect the validity or enforceability of that provision in any other jurisdiction.
Upon termination of our Agreement you must immediately cease using and remove the supplied IP addresses from all software and Equipment that contain the supplied IP addresses.
All IP addresses are dynamically assigned unless a static IP option is provided in your Application. Where dynamic IP addresses are supplied for a Service, those IP addresses may be subject to change without notice and at irregular intervals.
as specified in your Conditions of Service.
Co-existence Period means the period during which nbn co is required to adjust the normal operations of the nbn co FTTB network by way of a Downstream Power Back-off.
CPE means customer premises equipment. The CPE includes but is not limited to the broadband router, telephone adapter and network cabling.
Connecting Equipment means:
Data Speed means your maximum throughput as measured by the nearest SkyMesh Speed Test server hosted by SkyMesh. Any data rates referred to by us refer to the Peak Information Rate (Traffic Class 4) of your Access Virtual Circuit. Your Data Speed will always be slightly less than the Peak Information Rate achieved by your Service due to network protocol overheads. Using a Wi-Fi connection to access your Service will reduce your Data Speed. Your Data Speed may vary for reasons which include
but are not limited to:
Data Usage means the total monthly count of network traffic accrued by your Service as measured by NetFlow equipment operating on our network.
Default Fees means all charges, costs and expenses we may incur in relation to a breach by you of your obligations to us.
FTTB means Fibre to the Building.
FTTN means Fibre to the Node.
FTTP means Fibre to the Premises.
HFC means Hybrid Fibre Coaxial.
Installation Date means the date your Service has been installed and site acceptance has been completed by nbn co.
MDF means Main Distribution Frame.
MDU means a site with an MDF which comprises one or more premises in a single location.
nbn co means nbn co limited (ABN 86 136 533 741).
Network Boundary means the Jumper Cable termination on the Customer Side MDF.
Network Boundary means the designated Ethernet port on the NTD.
NTD means Network Termination Device.
Qualified Site means a site that has been determined by SkyMesh as being serviceable by the nbn network.
Repair Profile means a spectrally limited VDSL2 stability profile designed to preserve the integrity of nbn co’s VDSL2 vectoring system.
Schedule means the duly completed SkyMesh Application.
Service means the supply of broadband Internet access by means of the nbn network.
Service Commencement Date means the date that the Service is activated by us and as advised by us.
TCP Code means the Telecommunications Consumer Protections Code C628:2012 registered by the ACMA.
Third Party Supplier means a third party supplier used for the provision of Services provided under this Agreement.
UNI means the User Network Interface.
Upstream Service Provider means the provider that supplies services to SkyMesh.
VDSL2 Equipment means any CPE that operates on a VDSL2 system as part of a FTTB or FTTN Service.
You means you, or anyone you allow to use, share or access the Service.
The terms and conditions in section 20.1 apply to all Special Offers:
Provision of the Phone Service is subject to these Conditions of Service. These Conditions of Service form part of a larger agreement consisting of the terms and conditions in these Conditions of Service and the terms and conditions contained in:
The Phone Service comprises of the following types of Service:
Any capitalised terms used in these Conditions of Service are as defined in this Clause 21.2.2, or, where not defined in this Clause 21.2.2, as defined in any of the documents listed in Clause 19.1.1.
In these Conditions of Service:
ACMA means the Australian Communications and Media Authority.
Bundling Discounts means any applicable price discounts or data allowances that result from obtaining an Internet Service and Home Phone service from us.
Business Phone Optional Features means the service features referred to in Clause 21.4.4(b).
Business Phone Standard Features means the service features referred to in Clause 21.4.4(a).
CLI means calling line identification as referred to in section 355 of the Telecommunications Act 1997.
Customer Service Guarantee means the Telecommunications (Customer Service Guarantee) Standard 2000 (No.2).
Customer Service Guarantee Waiver means an agreement that acknowledges that you waive the protections and rights provided under the Customer Service Guarantee for the Service/s to which the waiver relates.
Existing Phone Number means the fixed line phone number that was allocated to you by another telephone service provider and remained allocated to you immediately prior to the activation of your Phone Service.
Home Phone Optional Features means the service features referred to in Clause 21.3.6(b).
Home Phone Standard Features means the service features referred to in Clause 21.3.6(a).
IPND means the Integrated Public Number Database as referred to in Part 4 of Schedule 2 of the Telecommunications Act 1997.
Local Call means an eligible local call as defined in the Telecommunications (Consumer Protection And Service Standards) Act 1999.
Network Prioritisation means that the provision of services will occur across our network in a prioritised order, such order to be determined by us in our sole discretion.
Phone Line means a line or series of lines over which the Home Phone Service is delivered and which is located between the service provider side of the boundary of a telecommunications network and the local exchange.
Pre-existing Service Features means any additional service features that were provided by your previous telephone service provider immediately prior to your telephone service being transferred to us.
Preselect means to specify a particular default carriage service provider to provide the long distance call component of a telephone service including national (STD) calls, calls to mobiles and international calls.
Previous Supplier means the last telephone service provider before us that supplied you with a voice telephone service using the Phone Line that is used to supply your Home Phone Service.
Priority Assistance means an enhanced service for residential customers who have (or have an individual at their residence who has) a diagnosed life threatening medical condition.
PSTN means public switched telephone network, being a telecommunications network which enables a customer to establish a connection for voice frequency communication with another customer.
Standard Telephone Service has the same meaning as in the Telecommunications (Consumer Protection And Service Standards) Act 1999.
Telecommunications Numbering Plan means the numbering plan referred to in section 454 of the Telecommunications Act 1997 as amended or replaced.
Telstra means Telstra Corporation Limited ACN 051 775 556.
Wireless Connection means an unguided path for electromagnetic energy which is used in place of all or part of a Phone Line.
International calls are not barred by default. A bar can be put in place on request.
Calls to 190 premium services are not available.
Unless you request a silent number in your Application, your telephone number will be eligible for inclusion in the White Pages telephone directory. You acknowledge and agree that we have no responsibility for the White Pages telephone directory and we accept no liability for any inaccuracies in, or omissions from, or inclusions in, the White Pages telephone directory.
We are under no obligation to provide a silent number unless you specifically request this in your Application, and where a silent number is provided you acknowledge and agree that:
You acknowledge and agree that:
You acknowledge and agree that where we agree to provide you with the Home Phone Service, we agree to do so at the location specified in your Application. In the event that you require your Home Phone Service to be relocated to another location, relocation charges as specified in our Schedule of Fees will be applicable.
If you wish to use the Home Phone Service in conjunction with alarm equipment or a monitored service, it is your responsibility to check that the alarm equipment or monitored service is working following the installation or transfer of the Home Phone Service. To the maximum extent permitted by Law, we will not be responsible for any loss or damage that you may suffer as a result of any alarm equipment or monitored service failing to work for any reason following the installation or transfer of the Home Phone Service.
You acknowledge and agree that we are unable to offer Priority Assistance as part of the Home Phone Service or any other telephone service offered by us.
International calls are not barred by default. A bar can be put in place on request.
Calls to 190 premium services are not available.
You acknowledge and agree that:
You acknowledge and agree that where we agree to provide you with the Business Phone Service, we agree to do so at the location specified in your Application. In the event that you require your Business Phone Service to be relocated to another location, relocation charges as specified in our Schedule of Fees will be applicable.
If you wish to use the Business Phone Service in conjunction with alarm equipment or a monitored service, it is your responsibility to check that the alarm equipment or monitored service is working following the installation or transfer of the Business Phone Service. To the maximum extent permitted by Law, we will not be responsible for any loss or damage that you may suffer as a result of any alarm equipment or monitored service failing to work for any reason following the installation or transfer of the Business Phone Service.
Calls to 190 premium services are not available.
We will provide you with a VoIP adaptor at the price:
You acknowledge that:
You acknowledge that the Two Way VoIP Service:
Please read the following paragraphs carefully. They contain information affecting your rights.
Subject to the following qualifications, the One Way VoIP (outbound calls only) Service is subject to the same terms and conditions as the Two Way VoIP Service:
The Fees for the Phone Service are set out in our Schedule of Fees. The applicable Fees for your service are determined by the particular service plan applicable to the Service as identified in your Application. You must pay all applicable Fees in accordance with the General Terms.
Subject to Clause 21.3.8 of the General Terms, we may vary Fees for the Phone Service from time to time.
We do not guarantee the Phone Service to be free of faults or errors.
If you become aware of any fault in the Phone Service you should report the fault to us by calling 1300 759 637 or such other number as we may designate for you to call to report a fault.
The terms and conditions in section 22.1 apply to all Referral Programs: