Service Description and Terms

This document contains the Service Description and Terms for the supply of Fibre Optic Broadband (FOB). FOB is supplied by TPG Internet Pty Ltd (ABN 15 068 383 737). The Standard Terms and Conditions apply to this service.

1. THE SERVICE

1. 1.1. FOB is a high speed, broadband Internet access service which operates on a fibre optic access network connected to your premises. Such fibre optic networks are typically owned by the National Broadband Network (NBNCo) or Telstra Corporation Limited but TPG or other fibre providers may also own the fibre network.
2. 1.2. The actual speeds for the service can vary substantially due to many factors. These include distance from local exchange, quality of line, EMI (ElectroMagnetic Interference), the number and type of other services using the line, the capacity of the uplink, and your modem/router.
3. 1.3. It may not be possible to provide a FOB service depending on the owner of the fibre access network and conditions that are stipulated for use. For example, for premises in the South Brisbane exchange area, you must acquire a standard telephone service which is supplied by Telstra or a reseller of Telstra in order to be able to acquire a FOB service from Telstra or any other provider.
4. 1.4. To acquire a FOB service, you must be in an area in which TPG supplies FOB services. We do not guarantee provision of FOB to every applicant.
5. 1.5. Some services offered by a third party carriers, such as PABX systems and certain fax services may be incompatible with the FOB service and may not be available to you after connection of the FOB Service. Pulse dialling equipment, Securitel, Dedicated EFTPOS, 50 Hz Customer Loop Metering and ISDN services are not available with FOB.
6. 1.6. Our broadband business plans are available only to customers who provide a valid ABN on application.
7. 1.7. Your FOB service may not be resold or on-sold and you must ensure that it is not made available to ISPs, Internet Caf�s or Web Hosting Companies.
8. 1.8. We provide support for the following: installations on the routers and modems purchased from TPG; new account set up & installation; disconnections; sending and receiving email from TPG Post Office; connecting to the Internet; viewing web pages; downloading & uploading files & attachments. This support is NOT provided for users requiring assistance with Apple Mac computers.
9. 1.9. We reserve the right to provide access to the Internet via Proxy Servers.
10. 1.10. You agree that an FOB connection can only be used at one physical site and/or with one Network system operation at this site. It does not include the right to use the connection for multiple sites.
11. 1.11. The upstream supplier of the FOB service controls some elements of the service. You acknowledge and agree that, although TPG will endeavour to provide appropriate service levels, TPG will not be responsible to provide service levels higher than the service levels provided to TPG by the upstream supplier.

1. 2.1. While we will endeavour to make FOB services available to customers 24 hours a day, 7 days a week, FOB services are not fault free and we cannot guarantee uninterrupted service, or the speed, performance or quality of the service. There are many factors outside of our control which affect FOB services, such as the performance of third party suppliers and equipment, Force Majeure events and performance of your telephone service.
2. 2.2. TPG is responsible for delivering the service to the network boundary point at your premises. You are responsible for all cabling and wiring within your premises. Where cabling does not exist or you have a fault with the wiring in your premises, you must arrange for your own contractor to rectify this.
3. 2.3. We reserve the right to perform maintenance work from time to time, which may temporarily interrupt your access to the service. Where possible, we will perform this work during non-peak times.
4. 2.4. You must direct all queries regarding faults/outages of the service to our technical support Help Desk (see contact details online at www.tpg.com.au/about/contact.php ). You must not direct inquiries to third party service providers, including Telstra. We will invoice you for costs incurred by us if you engage a third party for assistance with your service.
5. 2.5. If TPG determines on reasonable grounds that the fault is not related to the TPG infrastructure (for example faulty socket, modem, internal wiring) an Incorrect Callout fee of $89 may apply.

1. 3.1. You must ensure that you have ACMA compliant, compatible, working equipment installed to access and use your FOB service including, but not limited to: Modem/router, wireless cards and cabling. We will not reimburse you for access or performance problems caused by equipment which is not supplied by us or if the warranty is expired.
2. 3.2. If we have agreed to supply you with a piece of equipment, we reserve the right to supply an alternative model or brand of modem/router, of similar quality and technical specification to the one displayed on the TPG website when you registered.
3. 3.3. We only provide technical support for makes and models of modem/router supplied by us. If you are using a model of modem/router not supplied by us, assistance may be available directly from the manufacturer's own technical support service.
4. 3.4. We will only deliver ordered equipment to the contact address supplied by you in your application for service.
5. 3.5. In a situation where you are not available to receive delivered equipment and the equipment is returned to us, the cost of the return will be borne by you. In addition, we will charge you to redirect/resend the equipment. Shipping & handling fees are non-refundable.
6. 3.6 Typically the fibre will be connected to an Optical Network Termination Unit that requires electrical power to function. That Optical Network Termination Unit will be owned by the owner of the fibre access network (for example, Telstra or NBNCo). If power is disconnected for any reason, you will be unable to make any telephone calls, including calls to emergency services. Some Optical Network Termination Units come with battery backup facilities. You are responsible for ensuring that the battery is maintained and replaced as required.
7. 3.7 The Optical Network Termination Unit will be installed on interior wall inside your premises. A Power point is required within 1 m of the Optical Network Termination Unit. This power supply will be used to power up the Optical Network Termination Unit. The Optical Network Termination Unit will be cabled into the existing phone cabling on the premises. If you are not the owner of the premises, you must obtain the written approval of the owner of the premises for the installation of the Optical Network Termination Unit. The optical fibre cable connections must not be unplugged, either at the Optical Network Termination Unit or (if provided) the wall plate. Invisible laser radiation is present at the end of the optical fibre cable and at the optical fibre socket when not connected. For your safety, avoid direct exposure to this laser radiation. Your services may also be adversely affected by disconnecting and reconnecting the optical fibre cable without applying the appropriate inspection and cleaning procedures using the correct equipment.
8. 3.8 If you use a battery backup facility:
   
   
   1. (a) Telstra recommends that it is installed, replaced and ultimately disposed of by a qualified person (e.g. a battery specialist). You are responsible for installing and maintaining the battery backup.
   2. (b) Do not unplug the power supply unit from the 240v power outlet; during a power failure, the unit provides the earth connection when operating from the battery.
   3. (c) Metal jewellery should not be worn when handling the battery as it can cause the battery to short circuit. Care also needs to be taken not to short circuit the battery terminals when using metal tools like a screwdriver.
   4. (d) If the battery shows any signs of leakage, rubber gloves should be worn to replace the battery (the power supply could be faulty and may be overcharging the battery, causing it to vent). The old battery must be disposed of properly - do not place it in your normal garbage disposal.

1. 4.1. In addition to warranties implied by law, equipment provided by us to you is covered by a 1 year return to base warranty. This means that equipment thought to be faulty must be returned to TPG at your expense for testing, repair or replacement. Replacement units are not provided until testing has been completed, and the unit is found by us to be faulty.
2. 4.2. The warranty period will commence from the date of despatch from our premises.
3. 4.3. The warranty period will not restart if a replacement unit is issued.
4. 4.4. If equipment bought from us is returned to us within the 1 year warranty period and is found to be faulty by us, we will replace, repair or credit your account for it at our discretion, unless we find the fault was caused by:
1. (a) A piece of equipment not supplied by us;
2. (b) A Force Majeure Event;
3. (c) Interference or modification to the equipment not performed by us or the manufacturer, or a failure to use the equipment in accordance with the manufacturer's or our specifications / instructions;
4. (d) Damage caused by you or a third party.
5. 4.5. Operation and maintenance of equipment which has not been purchased from TPG or is outside of any warranty provided by TPG are your responsibility.
6. 4.6. Support, maintenance and/or consulting by us to you are not provided as part of this agreement. You are responsible for any expenses relating to cabling, configuration and/or modifications to your equipment.

1. 5.1. You must pay all equipment, delivery and set-up charges and the first month's subscription fee prior to installation.
2. 5.2. If you provide us with incorrect registration details which result in the service being installed incorrectly, the set-up charges will be paid again to re-install the broadband service. You must provide the correct service details in writing to us before re-installation will proceed.

1. 6.1. All FOB plans have a Minimum Contract Period. The Minimum Contract Period is the minimum period during which you must acquire the service. The Minimum Contract Period commences when the service is activated.
2. 6.2. If, during the Minimum Contract Period, you cancel the service or we cancel the service because of your default, you must pay an early termination charge. Such termination fees are set out at paragraph 13.3 below.
3. 6.3. The Minimum Contract Period varies from plan to plan, and will be advised to you during your application for the service.

1. 7.1. Monthly charges for FOB plans are paid for in advance. Bills are not provided as part of the service. Charges and usage records are available online in the "Your Account" section of the TPG website.
2. 7.2. 7 days prior to the end of each monthly rollover date the following period's monthly charge will be charged and you will acquire the service for that following month.

1. 8.1. With some broadband plans your download speed is throttled (slowed) to a specified speed once the monthly download quota is exceeded until the start of the next billing month.
2. 8.2. With plans which consist of peak and off peak download quota, the download speed is throttled (slowed) to a specified speed for the period in which the download quota has been exceeded (peak or off peak) until the start of the next billing month.
3. 8.3. We may change the peak and off peak times but, if the change is material, we will provide you with not less than 30 days notice of that change and we will only change the start/end times but not the length of the periods.
4. 8.4. Usage charges incurred within a billing month are charged at the end of that billing month.
5. 8.5. In calculating download usage, 1GB (Gigabyte) is equal to 1000MB (Megabyte); 1MB is equal to 1000KB (Kilobyte).
6. 8.6. If you are on a plan where connection speed is throttled, or you are charged for downloading once a monthly download quota is exceeded, you can view your recent download history and total downloads for the month, by logging into your TPG account online at https://cyberstore.tpg.com.au/your_account/. We recommend that you monitor your usage regularly.
7. 8.7. TPG does not provide usage records for unlimited broadband plans which are not throttled after a specified download limit is reached.

1. 9.1. Payment options are credit card and/or direct debit from a nominated bank account, as specified on the TPG website for the plan chosen by you. Accounts paid with an American Express or Diners Club card will incur a surcharge of 3.02% and 2.75% (incl. GST) of the payment amount respectively when we debit the card.
2. 9.2. Plans which incur download charges can only be paid by credit card. This applies to broadband plans bundled with a Virtual Phone Card (VPC) or VoIP Telephone Service, as well as 'Value' and 'Pay as You Go' plans.
3. 9.3. If you require us to send to you a printed copy of an invoice, this may be subject to an administration fee that will be determined depending on your request.

1. 10.1. Broadband plans provide dynamic or static IP addresses as described in the plan specification 'Static IP address' refers to PPPoE broadband connections where your router/modem is assigned a specific IP address(s) that is allocated for the period you acquire the service.
2. 10.2. If you have a plan with a static IP address(s) and apply to change the plan/service in any way, we will endeavour to retain your IP address(s) but reserve the right to assign to you a new IP address(s).

1. 11.1. Any interruption/change to your telephone service will cause the FOB service on that line to be automatically disconnected and you will have to order, and pay a fee for reconnection/relocation of the service. Such interruptions/changes include, but are not limited to:
1. (a) Cancellation/suspension of your telephone account.
2. (b) Change of service address (even if you keep the same telephone number).
3. (c) Change of telephone number (even if your address does not change).
4. (d) Change of telephone service lessee details.
5. (e) Installation of an FOB incompatible product on the telephone line.
2. 11.2. If your FOB service is terminated automatically, you must inform us. If you choose not to reconnect your service, all of the usual conditions relating to cancelling a FOB service will apply, including your obligation to pay the fee for early contract termination.
3. 11.3. If you change your location to an area where TPG FOB is not available, you may choose one of the following 2 options:
1. (a) Change to a current TPG plan, with a new Minimum Contract Period.
2. (b) Cancel the TPG FOB service and pay out any early termination charges.
4. 11.4. Your Minimum Contract Period will restart on reconnection/relocation of the service. If, at the same time, you change your broadband plan, you will begin a new Minimum Contract Period as specified for that plan.
5. 11.5. If your existing plan is no longer advertised on the TPG website at the time the relocation/reconnection is applied for, you will be required to choose a new plan from our then current plans, and begin a new Minimum Contract Period as specified for that plan.

1. 12.1. Migrating to another TPG plan does not reduce the Minimum Contract Period or terminate the original agreement or result in a reduction of the charges payable by you to us. The new plan subscription and/or usage charges will apply from the date of the migration.
2. 12.2. A Change of Plan fee and/or Contract Restart may apply.
3. 12.3. If your existing plan is no longer advertised on the TPG website at the time the relocation/reconnection is applied for, you will be required to choose a new plan from our then current plans, and begin a new Minimum Contract Period as specified for that plan.

1. 13.1. You may terminate the FOB service by giving us at least 30 days written notice. You must pay for charges for the Service up to the end of the notice period.
2. 13.2. If you cancel your FOB service before the end of your Minimum Contract Period, you will be required to pay the early termination charges stipulated in this service description.
3. 13.3. You authorise us to charge all termination fees, including, but not limited to, any early termination charges to the Customer's credit card or direct debit account on receipt of your termination notice. Such termination fees are 50% of the monthly charges that would have been paid between the date of cancellation and the end of the Minimum Contract Period, up to a maximum of $350.

1. 14.1. You use the service at your own risk and we take no responsibility for any data downloaded and/or the content stored on your computer. You agree not to make any claim against us, our suppliers, employees, contractors or assignees for any loss, damages or expenses relating to, or arising from, the use of the broadband service and/or our email services.