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.
Consequential Lossmeans:

1. (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
2. (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:

1. (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;
2. (b) your application for credit or commercial credit;
3. (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;
4. (d) payments which are overdue by more than 20 days and/or for which debt collection action has started;
5. (e) advice that your payments are no longer overdue in respect of any default that has been listed;
6. (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);
7. (g) information about any payments, including cheques, credit cards and direct debits, which have been dishonoured;
8. (h) court judgments or bankruptcy orders made against you; and
9. (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:

1. (a) become insolvent or are under administration (each as defined in the Corporations Act); or
2. (b) have a controller or administrator appointed (each as defined in the Corporations Act), or
3. (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
4. (d) suspend payment of any of your debts;
5. (e) become unable to pay your debts as and when they are due; or
6. (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:

1. (a) words denoting the singular number include the plural and vice-versa;
2. (b) words denoting natural persons include bodies corporate;
3. (c) reference to clauses or appendices is to clauses or appendices to these CTs;
4. (d) references to any statute, ordinance, regulations, code or other law and other instruments under it, will include their requirements;
5. (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;
6. (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
7. (g) references to “day(s)” means the twenty four (24) hour period of a calendar day.

2.1 Inconsistencies

Should any inconsistency between terms in these CTs and any of the above arise, the terminology used in these CTs will prevail.

2.2 Changes to the CTs

Should any inconsistency between terms in these CTs and any of the above arise, the terminology used in these CTs will prevail.

1. (a) Given the rapid rate of change in our industry, we may need to change the CTs from time to time. This may be done without your agreement, subject to clause 2.3(e), which requires us to notify you of any change that may be detrimental to you at least 30 days prior to it taking effect.
   Notification can be done by either:
   1. (i) Email (to the last nominated email address that you have provided);
   2. (ii) A message on your next bill; and/or
   3. (iii) A notification on our website.
2. (b) Subject to clause 2.3(e), where a change to the CTs is likely to have a significant detrimental impact on you, you may elect to cancel your services by giving no less than 14 days’ notice after the date on which we have given you notice under clause 2.3(a).
3. (c) Subject to you cancelling your service in accordance with clause 2.3(b), you will not incur a break fee or any other charges, except for:
   1. (i) Usage based on charges or other variable charges incurred up to the date of cancellation;
   2. (ii) Installation and upfront fees charged by us, reduced pro-rate to the period of your Contract Term remaining at the date of cancellation; and
   3. (iii) Costs of equipment we have provided for which any payment (in full) has not been received.
4. (d) If you give a cancellation notice to us pursuant to clause 2.3(b), the proposed change under clause 2.3(a) will not apply to you. A corrected invoice or adjustment note will be issued, and where you have overpaid, promptly credit or refund the amount.
5. (e) Notice is not required to be given under 2.3(a), nor is there a right to cancel your service pursuant to clause 2.3(b) for:
   1. (i) changes required by law;
   2. (ii) changes for security or technical reasons that necessary to protect our Network;
   3. (iii) changes associated with the introduction of a new, or the increase of an existing, charge for ancillary services such as credit card transaction fees;
   4. (iv) increases in charges due to increases relating to supply-side services (including international carriage services, content and premium services, and satellite services); and
   5. (v) any change to or removal of any special feature of our service not expressly referred to in the relevant service description that is no longer available or supported.
6. (f) We will use reasonable endeavours to notify you of any of the changes set out in clause 2.3(e). Further:
   1. (i) where we consider that a proposed change will either benefit or have a neutral impact on your, we can make the change immediately without notifying you; and
   2. (ii) Where a proposed change results in any unforeseen detrimental impact upon your service, we will allow you to elect to cancel your service in accordance with clause 2.3(b).

From time to time, our service plans and pricing will change. Upon the expiration of any Minimum Contract Term, we may (at our discretion) continue to provide the same service to you for the same pricing that was applicable during the Minimum Contract Term, even if this service is no longer available to new customers (Legacy Service).

4.1 Authorised Person

You may nominate a person to have the authority to exercise any of your rights under these CTs (Authorised Person), and act on your behalf.

4.2 Contact Person

You may nominate another person to have the authority to communicate with us about your service (Contact Person).

5.1 Making an application

1. (a) An application for a Service can be made via the online application form on our website.
2. (b) The CTs become applicable on the date you submit the online application.
3. (c) Where any of the information provided to us changes, you must promptly notify us so that we are able to update your account details.
4. (d) When making an application on our website, you will be required to indicate that you have read, understood and agree to these CTs prior to lodging your application, and will be deemed to have done so once the application is lodged.

5.2 Accepting your application

1. (a) Once an Application has been lodged, we will assess whether to accept your Application based on:
   1. (i) your eligibility for that service;
   2. (ii) you meeting credit requirements;
   3. (iii) the information provided to us; and
   4. (iv) any prior conduct or history in respect of any previous supply by us to you.

6.1 Access to premises

1. (a) In order to connect the Service we may require access to the Premises at which the Service is to be provided. You agree to provide or arrange access to the Premises for us to:
   1. (i) install any equipment and connect any Service requested;
   2. (ii) inspect, test, maintain, modify, repair or replace any equipment; or
   3. (iii) recover our equipment after the Service is cancelled.
2. (b) Where you do not own the Premises, you may have to obtain the owner’s permission for us to access the Premises. You indemnify us against any claim the owner of the Premises may make against us as a result of us taking any or all action(s) referred to in clause 6.1(a).

6.2 Connecting the service

1. (a) We will connect the Service within the timeframe specified for that Service.
2. (b) You will not be charged for the Service unless or until it connected.

7.1 Compliance with all laws and reasonable directions

In using the Service, you agree to comply with all laws, all directions by a Regulatory Authority, and all reasonable directions by us.

7.2 Acceptable use policy

You, and any person who accesses our Service, must not use, or attempt to use, the Service in any way which breaches any law or our Acceptable Use Policy.

7.3 Your responsibility

You are responsible for and must pay for any use of the Service, including:

1. (a) any unauthorised use, except as a result of our negligent or wrongful act or omission;
2. (b) any use by any person that you have expressly or impliedly allowed to use the Service; and
3. (c) if you vacate the Premises and do not either disconnect the Service or transfer.

7.4 Testing and interception

1. (a) You acknowledge that, to the extent permitted by law, we may intercept communications over the Service.
2. (b) We (or our Suppliers) may monitor your use of the Service and communications sent over it for the purposes of ensuring:
   1. (i) your compliance with our CT;
   2. (ii) compliance by us or our suppliers with the law; or
   3. (iii) compliance with any request or direction of a Regulatory Authority, a law enforcement authority or other authority.

7.5 Peak and Off-peak periods

Our peak period is from 10 am to 12 midnight. Our off-peak period will be from 12 midnight to 10 am, during which time you will receive a free quota of usage, but your usage may be slowed to a lower speed. This offer is open to all customers who are on a plan that has an included free off-peak allowance.
If you exceed your subscribed bundle during peak hours, you have the option to continue to use the Service subject to payment for the excess usage as set forth in the Pricing Schedule.
The time clock on our authentication server will be the sole clock source used to determine connection and disconnection times. The time zone used will be Australian Eastern Standard Time then Australian Eastern Summer Time from the commencement of daylight savings time in the ACT. All other CTs still apply.

8.1 Our Equipment

1. (a) We may supply equipment to you for the Service (Our Equipment). Charges for Our Equipment are invoiced in accordance with clause 11. Our Equipment may be equipment owned by us or one of our suppliers.
2. (b) Where we provide Our Equipment to you:
   1. (i) ownership or title is not transferred to you, until all amounts owing have been paid;
   2. (ii) you are responsible for Our Equipment from the time it is delivered to you and must pay us for any loss or damage, except to the extent that it is caused by us or by fair wear and tear;
   3. (iii) you must comply with our reasonable directions and only use Our Equipment in accordance with the manufacturer’s specifications;
   4. (iv) you must not grant a security interest over Our Equipment;
   5. (v) you must allow us to inspect, test, service, modify, repair, remove or replace Our Equipment, or to recover it after the Service is cancelled;
   6. (vi) you must ensure that Our Equipment is not altered, repaired, serviced, moved or disconnected except by us;
   7. (vii) you must ensure that you have all necessary consents and approvals (including landlord approval) for us to deliver, install and maintain Our Equipment at the Premises; and
   8. (viii) you must provide adequate and suitable space, power supply and environment for Our Equipment located on the Premises.
3. (c) You may purchase equipment from us for use in connection with the Service (Purchased Equipment). Subject to consumer guarantees, where purchased equipment is faulty or not fit for purpose, you may exchange it provided it is undamaged and complete with all components, within 14 days of delivery.

8.2 Your equipment

1. (a) Where you elect to use your own equipment, rather than Our Equipment, you are responsible for:
   1. (i) ensuring that it is up to the required standard in order for us to provide the Service to you;
   2. (ii) compliance with all laws and relevant technical standards issued by a Regulatory Authority in relation to the equipment; and
   3. (iii) the proper functioning and security of the equipment
2. and you agree to comply with all reasonable directions given by us in relation to the equipment, including:
   1. (iv) allowing us to inspect the equipment; and
   2. (v) making any necessary changes or modifications to the equipment.
3. (b) Where the equipment does not meet the requisite standard for us to be able to provide a Service to you, we may direct you to obtain equipment that meets the requisite standard. Any refusal to comply with such a direction may render you liable for any amounts owing in relation to the Service.

9.1 Standard of service

1. (a) SpeedCast will use best endeavours to ensure continuous fault-free Service.
2. (b) Where SpeedCast becomes or is made aware of a fault, it will use best endeavours to rectify the fault as soon as practicable.
3. (c) SpeedCast may charge you for rectifying and/or repairing a fault, where it was caused by your, or a third party acting with your express or implied consent, reckless, negligent or intentional acts or omissions.
4. (d) SpeedCast will, from time to time, undertake scheduled maintenance of its Network, Our Equipment and/or facilities. Where such maintenance is likely to result in an interruption to service, you will be notified within 5 days of such maintenance being undertaken.

10.1 Pricing Schedule

1. (a) The charges for the Service are set out in the Pricing Schedule in Annexure A.
2. (b) You must pay all charges for the Service in accordance with the Pricing Schedule.
3. (c) We may charge you an additional amount to modify, repair or replace the service or any equipment used in connection with the Service, as a result of:
   1. (i) a breach of our CT by you;
   2. (ii) any negligent or fraudulent act or omission by you or your employees, agents or contractors;
   3. (iii) a failure of any of your equipment; or
   4. (iv) a failure or fluctuation in electrical power supply.
4. (d) Details of the additional amount prior to commencing the service repair or replacement will be provided to you.

11.1 Overview

1. (a) We will bill you and request payment for utilisation of the Service in accordance with our Billing Policy. Payment will be via the Speedcast eWay Payment Gateway. The policies and procedures applicable to the use of the eWay Payment Gateway facility are set out in the Billing and Payment Policy Schedule in Annexure C.
2. (b) If you are a new customer, it is a condition of us supplying a Service to you that you:
   1. (i) have a valid credit card or direct debit details at all times; and
   2. (ii) authorise us to direct debit your nominated credit card or bank account for the purposes of settling your bill.
3. (c) Where we have received notification that you wish to cancel a direct debit authorisation, we will process that request within 3 Business Days. Where you have not provided us with alternate means of payment within 3 Business Days of us having cancelled your direct debit authorisation, your account may be suspended until a new authorisation is received.
4. (d) Any information provided by you in relation to billing (such as credit card and/or bank account details) will be deemed Personal Information and treated in accordance with clause 13.

11.2 Procedure

1. (a) We will provide you with a monthly invoice on the first calendar day of each month.
2. (b) Invoices are payable by no later than the tenth Business Day after the invoice was issued, when the amount owing will be automatically debited from the customer’s nominated credit card or bank account.
3. (c) Customers may seek an extension by following the procedural guidelines on the invoice or by contacting us via our Website. We may award or refuse a request for an extension at our discretion.
4. (d) It is a condition of us supplying a Service to you that you:
   1. (i) ensure we have current and valid credit card or direct debit details at all times, and
   2. (ii) authorise us to direct debit your nominated credit card or bank account for the purposes of paying your bill.

11.3 Obtaining your bill

1. (a) The following terms apply to online billing:
   1. (i) We will use reasonable endeavors to deliver your Email Bill to the email address you nominated. If we cannot deliver your Email Bill to that email address, we may contact you to request that you update your email address.
   2. (ii) You must contact us if you do not receive billing notices.
   3. (iii) Provided we use reasonable endeavours to deliver your bill to you via your nominated email address, your bill remains payable by you by the due date specified in the bill, whether or not you receive, read or access it online.
   4. (iv) You must:
      1. (A) keep your contact details, and billing notice address up to date;
      2. (B) contact us if you do not receive your bill; and
      3. (C) regularly check your email mailbox for your bill and/or any billing notices.

11.4 Late or dishonoured payments

If we do not receive your payment by the due date on your bill, you may be subject to an administrative fee of $10.00 if the amount outstanding on your bill is $200.00 or more. No administrative fee is charged if the amount outstanding on your bill after the due date is less than $200.00. If appropriate, please check with your financial institution or payment service provider about payment processing times which may affect when we receive your payment.

11.5 Your rights to contest

1. (a) You may, within 5 Business Days of receipt of your bill, contest any amount by requesting a review the charges, upon which SpeedCast will review your bill and promptly notify you of any changes.
2. (b) Where the review time extends to beyond the tenth Business Day after the invoice was issued, your account will not be direct debited until the billing dispute has been settled. In the event that your account was debited, any amount over the final settled billing amount will either be credited to your account or refunded back to your nominated credit card or bank account.

12.1 Penalties and interest

Where GST is deemed to apply, and we become liable for any penalties or interest resulting from late payment of GST you are liable to pay to us an amount equal to any penalties or interest payable by us.

12.2 Other fees, taxes and levies

Where applicable, you may be charged for any:

1. (a) Value added taxes relating to the supply of service; and
2. (b) Taxes (including utility taxes), levies, fees or similar charges to us on a per service basis.

13.1 Collection of Personal Information

We may collect Personal Information for the purposes set out in clause 13.3 and in accordance with our privacy policy from: https://www.speedcast.com/privacy-policy/

1. (a) you, when you provide information by phone or in application forms;
2. (b) our employees, agents or contractors;
3. (c) a credit reporting agency, credit provider or fraud-checking agency;
4. (d) your representatives;
5. (e) other telecommunication and information service providers; and
6. (f) publicly available sources.

13.2 Disclosure of Personal Information

We may disclose Personal Information for the purposes set out in clause 13.2 and in accordance with our privacy policy, to:

1. (a) our employees, agents or contractors;
2. (b) suppliers who need access to the personal information to help us to supply the Service;
3. (c) a credit reporting agency, credit provider or fraud-checking agency or our professional advisers;
4. (d) a billing agency or payment gateway provider for the purposes of setting up direct debit with respect to settling monthly invoices
5. (e) other telecommunication and information service providers;
6. (f) an Authorised Person or Contact Person; or
7. (g) government and Regulatory Authorities and other organisations, as required or authorised by law.

13.3 Use of Personal Information

We may collect, use and disclose Personal Information for the purposes of:

1. (a) verifying your identity;
2. (b) assessing your eligibility for our services;
3. (c) administering and managing those services, including billing, account management and debt collection;
4. (d) conducting appropriate checks for credit-worthiness and for fraud;
5. (e) developing our products and services;
6. (f) providing information to the manager of the Integrated Public Number Database (IPND); and
7. (g) reporting to credit reporting agencies if you fail to make payments due under our CT by the applicable due dates.

13.4 Access to Personal Information

If you are a natural person, you are entitled to access your Personal Information held by us, unless we are permitted or required by law to refuse such access.

13.5 Failure to supply Personal Information

1. (a) Not to providing all or part of the Personal Information we request, may affect our ability to provide you with the services requested.
2. (b) By providing Personal Information to us, you acknowledge and consent to the collection, use and disclosure of your Personal Information as set out in this clause 13 and in accordance with our privacy policy.

14.1 Variations requested by you

1. (a) If you request a variation to the Service and we agree to make that variation, then different charges may apply to the varied Service in accordance with the Pricing Schedule.

14.2 Variations by SpeedCast

1. (a) We may vary the Service by:
   1. (i) providing you with 5 days’ notice of the proposed variation (unless it is urgent or impractical) using one of the methods in clause 2.3, and
   2. (ii) making the variation at the earlier of your accepting the proposed variation or after the 5 days have passed.
2. (b) If you do not agree to the proposed variation or you may cancel your Service in accordance with clause 2.3(b).

15.1 Cancellation by us with notice

We may cancel the Service:

1. (a) if there is no Minimum Contract Term specified in your Application or the service description, or if you have completed the Minimum Contract Term and you are on your monthly rolling Contract Term, at any time by giving 7 days’ notice to you;
2. (b) if a Minimum Contract Term is specified in your Application or the ervice description, at any time by giving 30 days’ notice to you; or
3. (c) if we determine that it is not technically or operationally feasible to supply the Service to you, at any time prior to the Service Commencement Date by giving you notice. If you have paid us fees for the Service, these fees will be refunded to you.

15.2 Suspension events caused by your default or conduct

We may immediately suspend, cancel or restrict the supply of the Service to you if:

1. (a) you fail to pay any amount owing to us by the due date and you fail to pay that amount within 7 days after we give you notice requiring payment;
2. (b) you breach a material term that is capable of remedy and you do not remedy that breach within 7 days after we give you notice requiring you to do so;
3. (c) you breach a material term and that breach is not capable of remedy;
4. (d) you breach any of clauses 6.1, 7.1, 7.2 or 8.2 or any of your obligations relating to the use of the Service;
5. (e) we suspect fraud or other illegal conduct by you or any other person in connection with the Service;
6. (f) a threat or risk exists to the security of the Service or the integrity of our Network or a supplier’s Network and that threat or risk is caused directly or indirectly by you;
7. (g) we consider you to be an unacceptably high credit risk;
8. (h) an Insolvency Event occurs in relation to you or your business; or
9. (i) you vacate the Premises.

15.3 Suspension of events not caused by your default or conduct

Without limiting any other provision of these CTs, we may immediately suspend, cancel or restrict the supply of the Service if:

1. (a) there is an emergency;
2. (b) a Supplier terminates its agreement with us, or ceases to supply services to us;
3. (c) it is necessary to maintain, repair or restore any part of our Network or a supplier’s Network used to supply the Service;
4. (d) in order to comply with an order, direction or request of a Regulatory Authority or an emergency services organisation;
5. (e) providing the Service to you may be illegal;
6. (f) a Force Majeure Event prevents us from supplying the Service; or
7. (g) there is a threat or risk to the security of the Service or the integrity of our Network.

15.4 Cancellation or suspension by you

1. (a) Except as provided otherwise in the Service Description for your Service, you may cancel the Service without liability on 30 days’ notice, if we have breached a material term of our CT and that breach is not capable of remedy; or
2. (b) on 7 Business Days’ notice where there has been a prolonged Interruption to the Service lasting for more than 5 Business Days. This clause does not apply to Interruptions which occur because of:
   1. (i) a cancellation, suspension or restriction to the supply of the Service in any of the circumstances listed in clauses 15.2 or 15.3(a); or
   2. (ii) a fault or other event which is attributable to you or Your Equipment.
3. (c) You may cancel the Service for any reason before the end of the Minimum Contract Term by giving notice to us subject to payment of a Break Fee.

16.1 Suspension

If we reconnect a Service that has been cancelled, you may have to pay us a reconnection fee, unless the suspension was a result of SpeedCast’s fault or negligence.

16.2 Cancellation

1. (a) If the Service is cancelled you still have to pay any and all charges incurred before cancellation.
2. (b) On cancellation of the Service you will, at your cost, immediately stop using and return to us, or allow us to remove, any of Our Equipment or pay any and all outstanding amounts owing in relation to Purchased Equipment.

16.3 Deletion of data

Once these CTs have been terminated or cancelled for any reason, we may delete all of your data from any storage media. You are solely responsible for backing up your data.

17.1 Limitation of liability

1. (a) Where we are not permitted to exclude our liability for any loss or damage in connection with our breach of a Consumer Guarantee, but are permitted to limit our liability for such a breach, then that liability is limited to:
   1. (i) if the breach relates to the supply of Our Equipment, the repair or replacement of the equipment, the supply of equivalent equipment or the cost of doing so; or
   2. (ii) if the breach relates to the supply of a Service, resupplying the Service or payment to do so.
2. (b) The limitations of liability in clause 17.1(a) do not apply to:
   1. (i) a breach of the Consumer Guarantees under sections 51 to 53 of the Australian Consumer Law;
   2. (ii) a breach of any Consumer Guarantee relating to goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption;
   3. (iii) personal injury (including illness and disability) or death; or
   4. (iv) the loss, destruction or damage to, or loss of use of tangible property.
3. (c) Our liability for any loss, or damage suffered under or in connection with our CT or the Service is reduced to the extent that your acts or omissions (or those of a third person) caused or contributed to that loss, or damage.
4. (d) We exclude any liability to you for any Consequential Loss suffered or incurred by you, except to the extent that you are entitled to recover your reasonably foreseeable loss under law.
5. (e) We are not liable for failing to comply with any of our obligations under our CT if, to the extent a Force Majeure Event prevents us from doing so.

17.2 Indemnity

You must pay us for any loss, damage, or liability including reasonable legal costs (but excluding any Consequential Loss) (Losses) we suffer or incur relating to:

1. (a) the use (or attempted use) of the Service; or
2. (b) equipment used in connection with the Service,

arising out of your (or any person acting with your express or implied authority) breach of these CTs or negligent acts or omissions. This obligation does not apply to the extent that we caused or contributed to the Loss.

18.1 Notices

A notice, approval or consent to be issued under the CTs must be in writing, except for variations by us, for which notice can be given in accordance with the Telecommunications Act. In the absence of evidence to the contrary, such notice, approval or consent will be taken to be received:

1. (a) if left at the address of the addressee, at the time it was left;
2. (b) if sent by ordinary post, on the third day after posting;
3. (c) if sent by express post, on the next day; and
4. (d) if sent by facsimile or electronic transmission, at the time when the system on which the notice is sent, records that the notice has been transmitted,

provided that:

1. (e) if the notice is sent by you, it is sent using the contact details that appear on our website at the time you send the notice; and
2. (f) if the notice is sent by us, it is sent using the contact details that we have recorded for your account at the time we send the notice.

18.2 Intellectual Property

We retain all legal interests 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.

18.3 Software

You agree to comply with the terms and conditions of the software licences which apply to the use of any software supplied by us in connection with a Service (such as software embedded in Our Equipment).

18.4 No Reliance

You acknowledge that:

1. (a) Any advice from our staff is given in good faith, however we do not represent that our staff are experts in the operation of your computer hardware or software; and
2. (b) we seek to ensure that the information on our Website is correct and up to date. However, we do not warrant its accuracy.

18.5 Governing Law

Our CT is governed by the laws of New South Wales.

Residential Plans and Prices

For contracts with a duration of 12 months or longer, a 10% discount for 6 months will be applicable.
* Speedcast may withdraw this discounted offer or adjust the residential plans and prices at any time

Service Description

Data Use – Data Usage is counted in both directions, so if you download 5 GB and upload 5 GB, that’s counted as 10 GB.
Peak and Off-Peak – Unlimited, free off-peak Midnight to 10am.
Shaping – If you exceed your peak hour quota, speeds are not slowed, you are billed for use over your quota.
Changing Plans – You may upgrade your plan at any time durring the billing cycle, you can downgrade durring the first 7 days of the month.

Technology used by Speedcast

Low latency O3b MEO satellite terminal (~150ms). Airspan 4G LTE Small Cell (700Mhz)
Zetel EPC, IMS and VoLTE solution.
Ubiquiti Networks wireless products.

Billing and Payment Policy Schedule

Speedcast uses the eWAY Payment Gateway for its online credit card transactions for services provided to Christmas Island customers. eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet.
All online credit card transactions performed on this site using the eWAY Payment Gateway are secured payments and are fully automated with an immediate response.
On Speedcast’s instructions, the following transactions will be processed by eWAY:

1. • Any MasterCard Card issued by a member or affiliate of MasterCard International Inc, on which the MasterCard or MasterCard II marks appear, and any other card conforming to the Standards established by MasterCard International Inc.;
2. • Any Visa Card issued by a member or affiliate of Visa International on which the Visa marks appear, and any other card conforming to the Standards established by Visa International; and
3. • Any duly authorised American Express, Diners Club or JCB credit card which has been approved by Speedcast

For more information about eWAY and online credit card payments, please visit www.eWAY.com.au

The following policies (“Policies”) of Speedcast shall apply to any transactions made via the eWAY Payment Gateway

The Services to which these Policies apply, shall be governed by the Customer Terms applicable to the said service. These Policies shall supplement the Customer Terms.

Speedcast  may unilaterally change these Policies at any time.  Where Speedcast reasonably considers that a change will be materially adverse to you, Speedcast will give advance notice of the change.  You may cease the use of the Payment Gateway services at any time within 30 days of receiving notice of any such change. If no notice is given, the changes are deemed effective from the date of posting on Speedcast’s website so that you aware of the changes, so please review it frequently.