1.1 The following definitions apply to these CTs:
Acceptable Use Policy means the document forming part of these CTs that describes our policy on excessive, unreasonable, prohibited or otherwise unacceptable use of the Service.
Application means application for the supply of a service made in accordance with clause 5.1.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Authorised Person has the meaning given to that term in clause 4.1.
Billing Policy means the billing policy provided in the Pricing Schedule.
Break Fee means the relevant cancellation fee or termination charge (if any) calculated in accordance with the Application and Pricing Schedule, a Service Description or any appendix to the Service Description.
Business Day means a day that is not a Saturday, Sunday or gazetted public holiday in the capital city of the State or Territory of Australia in which the Service is provided.
Carriage Service Provider has the meaning given by section 87 of the Telecommunications Act 1997.
- (a) loss of revenue, loss of profits, loss of anticipated savings or business, loss of data and any other form of consequential or indirect loss or damages; and
- (b) any penalties or fines imposed by a Regulatory Authority,in connection with or arising under these CTs, whether based in contract, tort (including negligence) or otherwise.
Consumer Guarantee has the meaning given in Division 1 of Part 3-2 of the Australian Consumer Law.
Contact Person has the meaning given to that term in clause 4.2.
Contract Term means month by month extensions following the expiration of the Minimum Contract Term.
Corporations Act means the Corporations Act 2001 (Cth).
Credit Information means:
- (a) personal identifying particulars including your name, gender, current address (and your previous two addresses), date of birth, telephone number, mobile number, banking details, credit card details, name of employer and drivers licence number;
- (b) your application for credit or commercial credit;
- (c) the fact that we are a current credit provider or will be a credit provider to you and any credit limit on your account;
- (d) payments which are overdue by more than 20 days and/or for which debt collection action has started;
- (e) advice that your payments are no longer overdue in respect of any default that has been listed;
- (f) the fact that, in our opinion, you have committed a serious credit infringement (that is, acted fraudulently or shown an intention not to comply with your credit obligations);
- (g) information about any payments, including cheques, credit cards and direct debits, which have been dishonoured;
- (h) court judgments or bankruptcy orders made against you; and
- (i) the fact that we have ceased providing the Service to you (and the timing of that cessation of service).
Credit Rating means information about your credit worthiness, credit standing, credit history or credit capacity that credit providers may give to each other under the Privacy Act 1998 (Cth).
Downgrade means a variation to the Service which reduces the capacity or utility of that Service and results in a reduction in the charges payable for the Service.
Downgrade Fee means the relevant downgrade charge (if any) specified in the Pricing Schedule or Billing Policy.
Force Majeure Event means any event outside that person’s reasonable control, and may include a failure or fluctuation in any electrical power supply, failure of air-conditioning or humidity control, electromagnetic interference, cable cut, solar flares, sun outages, transponder or satellite failure, fire, storm, flood, earthquake, accident, war, labour dispute (other than a dispute solely between that person and its own staff or staff under its control), materials or labour shortage, the change or introduction of any law or regulation (including the Telecommunications Legislation) or an act or omission, failure or delay of any third party or any failure of any equipment owned or operated by any third party (including any Regulatory Authority or Supplier).
Handling Fee means a fee incurred by us to provide you with a refund.
Insolvency Event means you:
- (a) become insolvent or are under administration (each as defined in the Corporations Act); or
- (b) have a controller or administrator appointed (each as defined in the Corporations Act), or
- (c) are in liquidation, in provisional liquidation, or have a receiver appointed to any part of your property (as defined in the Corporations Act); or
- (d) suspend payment of any of your debts;
- (e) become unable to pay your debts as and when they are due; or
- (f) become bankrupt.
Interruption in the supply of goods or a service means a material delay in supplying, a failure to supply for a significant period or a major error or defect in the supply of, those goods or that service.
Legacy Service means the Service defined in clause 3.
Minimum Contract Term means a period of six (6) calendar months
Network means a telecommunications network, including equipment, facilities or cabling.
Our Equipment has the meaning set out in clause 8.1.
Personal Information means information or opinion about you from which your identity is apparent or can reasonably be ascertained and includes your name, current and previous addresses, service number, date of birth, email address, bank account or credit card details, occupation, driver’s licence number and your Credit Information and Credit Rating.
Premises means locations at which we supply the Service, and locations to which we need to have access to supply the Service.
Pricing Schedule means the document of that name which appears in Annexure A to these CTs.
Privacy Statement means the privacy statement that appears on our Website, as updated from time to time.
Purchased Equipment has the meaning set out in clause 8.1(c).
Regulatory Authority means the Australian Communications and Media Authority, the Australian Competition and Consumer Commission, Communications Alliance, the Telecommunications Industry Ombudsman or any other government or statutory body or authority.
Service means the service of providing access to the internet as requested by you in your Application and described in the relevant Service Description and Pricing Schedule, and any related goods (including Our Equipment and Purchased Equipment) and ancillary services provided to you by us in connection with that service.
Service Commencement Date means the date on which the Service is ready for use.
Service Description means the document forming part of these CTs describing the Service and setting out specific terms and conditions for the Service, which is contained in Annexure B of these CTs
SpeedCast means SpeedCast Australia Pty Limited ACN 159 524 553.
SpeedCast Entity means any holding company, subsidiaries and affiliates including its officers, employees, agents, partners and shareholders of SpeedCast.
Supplier means any supplier of goods or services (including interconnection services) that may be used by us to supply the Service.
Telecommunications Act means the Telecommunications Act 1997 (Cth).
Telecommunications Legislation means the Telecommunications Act 1997 (Cth), the Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth) and Part XIB, Part XIC and related provisions of the Competition and Consumer Act 2010 (Cth), each as amended or replaced from time to time.
you means the customer who makes the Application and where two or more persons have applied, means those persons jointly and evenly.
Your Equipment has the meaning set out in clause 8.2.
We or us or our(s) means SpeedCast ACN 159 524 553.
Website means the website of SpeedCast named on your Application.
1.2 In these CTs, unless the context otherwise requires:
- (a) words denoting the singular number include the plural and vice-versa;
- (b) words denoting natural persons include bodies corporate;
- (c) reference to clauses or appendices is to clauses or appendices to these CTs;
- (d) references to any statute, ordinance, regulations, code or other law and other instruments under it, will include their requirements;
- (e) wherever in these CTs, provision is made for the giving of notice or consent by any person, unless otherwise specified such notice or consent must be in writing;
- (f) a reference to these CTs or any other written document is a reference to these CTs or that other written document, as amended, novated or substituted from time to time; and
- (g) references to “day(s)” means the twenty four (24) hour period of a calendar day.