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Exetel Standard Terms and Conditions For High Speed DSL Services Agreement

These General Terms set out the terms and conditions required by Exetel to apply to each individual service and to be incorporated inthe agreement between the end user (you, your) and your Service Provider (we, us). The service requested in the Service Application (Service) that we provide, and that you have agreed to purchase, will be provided in accordance with:

(a)	the general Terms and Conditions set out on this page as updated from time to time and published at www.exetel.com.au (Terms and Conditions For High Speed DSL Services ); and
(b)	any other service descriptions and conditions that we agree with you.

The ADSL and/or SHDSL access component of the Service and, optionally, the rental of a CPE Router and any other related services are supplied to us by Exetel Pty Ltd ACN 350 979 865 46 (Exetel) as a Powertel DSL re-seller or as an Optus DSL re-seller.

In the event of any inconsistency between the General Terms and any other provision of the agreement between us and you, these General Terms will prevail to the extent of that inconsistency.

1. Minimum Term

The minimum term of your agreement with Exetel Pty Ltd is either 12 months or 24 months (as selected by you) from the date of your connection to the Service. Irrespective of whether you use the service for the full minimum term or not you are liable to pay for the minimum number of months selected by you. If you choose to end the service within the minimum term the early cancellation charge for the contract is the number of months remaining in the minimum term multiplied by the monthly access charge.

No user may use any aspect of the Exetel services to display or communicate content that contravenes any State, Territory or Commonwealth law.

Where the Exetel services are used to display content that is considered unsuitable for children, according to the classification act, customers must use appropriate warning or labeling.

2. General Conditions of Service

By submitting the Business Grade DSL on line application form (in which these terms and conditions are included), you agree to and acknowledge the following:

(i)	Exetel does not supply a standard telephone service with the ADSL/SHDSL access component and as such the Service is not subject to the "Customer Service Guarantee" standard administered by the Australian Communications Authority and it may be necessary to terminate the Service if you select another carrier to provide a standard telephone service after the date of this agreement;
(ii)	where we contract with Powertel or Optus for the provision of the Service we may provide name, address, telephone number and other information provided by you (Customer Information) to Powertel or Optus, its suppliers and its nominees for the purpose of fulfilling such contracts, including those related to the sale or rental of a CPE Router where applicable;
(iii)	Exetel may, at its discretion, provide the ADSL or SHDSL component of the Service by using either:
	a.	an existing or new Unconditioned Local Loop Service (ULLS); or
	b.	an existing or new access line which supplies a standard telephone service; provided by Telstra Corporation Limited (Telstra) or a reseller of Telstra, depending on the technical and operational requirements of the particular Service;
(iv)	in the case of clause 2(iii)(b) above:
	a.	that you are the customer of Telstra or a reseller of Telstra in respect of the standard telephone service;
	b.	that Exetel can only provide the service whilst you remain a customer of Telstra or a reseller for the standard telephone service;
	c.	that Exetel will terminate the service if you cease to be a customer of Telstra or a reseller of Telstra;
	d.	that the installation and operation of the service may cause temporary disruption to the standard telephone service or any other service received by you, and you will notify relevant third parties of the potential for disruption; and
	e.	that certain incompatible products will not be supplied to you by Telstra or a reseller of Telstra;
(v)	that Exetel, its contractors or its suppliers be provided sufficient and timely access to your premises to inspect or test equipment which may be causing interference or danger or in connection with the provisioning, maintenance, repair or other obligations they may have in respect of the Service;
(vi)	that you must not interfere with the normal operation of the Service or make it unsafe;
(vii)	that Exetel or its suppliers are not liable to you in relation to any Services or delay or failure in providing any Services other than for a liability which results from fraud or willfull misconduct of Exetel or its employees;
(viii)	Customer Information provided by you may, with our consent, be used by Exetel for the purposes of or connected with a carrier or carriage service provider continuing to provide a DSL service to you which is similar to the Service;
(ix)	We are acting as your authorised agent or representative in our dealings with Powertel or Optus insofar as this is required to comply with industry codes and practices for the provision of the Service; and
(x)	where the Service requires you to be responsible for obtaining carriage services from a third party carrier or carriage service provider in order to access the Service (e.g. non ADSL or SHDSL access to the Service) that you are totally responsible for the charges (including access fees and call costs) and other obligations related to the supply of the carriage services to you by that third party.

3. Important Notice To Applicant(s) For Credit (Section 18(E)(1) Privacy Act 1988)
3.1 Notice of disclosure of your credit information to a credit reporting agency. (Privacy Act 1988). Exetel Pty Ltd (ABN: 35 097 986 546) may give information about you to a credit reporting agency, for the following purposes:
(i) To obtain a consumer credit report about you, and/or
(ii) To allow the credit reporting agency to create or maintain a credit information file containing information about you.
3.2 The information is limited to:
(i) Identity particulars - your name, sex, address (and the previous two addresses) date of birth, name of employer, and drivers license number.
(ii) Your application for credit or commercial credit - the fact that you have applied for credit and the amount.
(iii) The fact that Exetel Pty Ltd (ABN: 35 097 986 546) is a current credit provider to you.
(iv) Account payments which are overdue by more than 60 days, and for which debt collection action has started.
(v) Advice that your loan repayments are no longer overdue in respect of any default that has been listed.
(vi) Information that, in the opinion of Exetel Pty Ltd (ABN: 35 097 986 546) you have committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with your credit obligations).
(vii) Dishonoured cheques - cheques drawn by you for $100 or more which have been dishonoured more than once.
(viii) That credit provided to you by Exetel Pty Ltd (ABN: 35 097 986 546) has been paid or otherwise discharged.

4. Provisions relating to supply of a CPE Router (if applicable)

If you are supplied under rental with a CPE Router by Exetel you acknowledge and agree that:

(i)	the rental of the CPE Router is on the terms and conditions of this agreement;
(ii)	Exetel will arrange for the CPE Router to be delivered, installed and configured at the premises specified in the Service Application Form;
(iii)	in relation to the Routers (and any subsequent releases or versions of these CPE Routers) supplied under rental by Exetel the customer is granted a non-exclusive, revocable, non-transferable license to use the software installed on the CPE Router for the sole purpose of receiving the Service;
(iv)	the customer may not make any changes to the router set up once it has been installed and acknowledges that the router provided is solely for the purpose of terminating the SDL line and for connecting the customer's own router via the provided Ethernet port.
(v)	if the customer purchase the CPE Router from Exetel then:
	a.	the charges for the CPE Router will be included as part of the fees applicable to the Service and will be subject to the payment terms that apply to you;
	b.	title in the CPE Router remains with us until we have been paid in full the charges for the CPE Router;
	c.	the customer is solely responsible for the configuration and maintenance of the router IOS and software configuration; and
	d.	risk in the CPE Router passes to the customer upon delivery to the customer's premises; and
(vi)	the customer will ensure that the CPE Router is operated and housed in an environment which meets the manufacturer’s requirements and will not affix the CPE Router to any real property;
(vii)	All hardware supplied for ADSL/SHDSL comes with 12months limited warranty.

5. Use of the Service

You agree to comply with the Exetel Acceptable Use Policy (see http://www.exetel.com.au/a_acceptable_use.php) which is summarised as follows:

(i)	not to knowingly send e-mail that may destroy or damage an e-mail recipient’s computer;
(ii)	not to knowingly accept email which is unlawful, and violates or infringes upon the rights of any person or corporation; and
(iii)	not to knowingly reveal confidential information about Exetel and/or its suppliers which may result in unauthorised usage of the Services by a third party, except where you are required by law to disclose such information; and
(iv)	not to knowingly transmit information which contains viruses or other harmful components; and
(v)	not to knowingly interfere, damage or destroy computer systems operations of the Services including disobeying any requirements, procedures, policies or regulations of Exetel, other users and/or third parties; and
(vi)	not to knowingly store or transmit any unlawful, threatening, defamatory, offensive or pornographic material that constitutes a criminal or civic offence under State and Commonwealth laws; and
(vii)	only to use the Service in the manner described in the application for the Service that has been accepted by Exetel.
(viii)	not to resell the service or use the service in whole, or in part, for the provision of services that are sold without the written consent of Exetel signed by a Director of Exetel Pty Ltd.

6. Application Withdrawal

Should you withdraw an application for SHDSL services prior to connection you will be required to pay application withdrawal charges, depending on the length of time your application has been in progress on the following basis:

Within 2 business days of order - $55

Within 5 business days of order - $165

Within 15 business days of order - $275

Within 20 business days but before completion of order - $1,100

7. Late Payment Of Installation Or Access Charges

Exetel reserve the right to terminate or suspend the Service in the event of a breach of this agreement. Exetel will suspend provision of Business Grade DSL services in the event that the monthly access fee is not paid by the due date and will impose a charge of $25.00 to reconnect the service.

8. Service Cancellation

Canceling an Exetel SHDSL service requires 30 business days written notice. On receipt of the cutover notification, the customer must arrange access for Exetel's contractor to their Main Distribution Frame (MDF) / Intermediate Distribution Frame (IDF). Note that many installations into business premises require access to the MDF/IDF. The customer is responsible to provide access for cabling work between the MDF/IDF to their rack or wall socket.

If the cancellation is after the conclusion of the initial service period then no cancellation charge is incurred.

If the cancellation is within the initial service period then the cancellation charge is: the number of months remaining in the initial service period multiplied by the monthly access charge plus $1,000 for the CPE provided by Exetel.

When the CPE is returned to an address Exetel, in good working order, Exetel will credit the customer for the $1,000.00.

9. Governing Law and Entire Agreement

9.1	Unless the parties otherwise agree, this Agreement will also apply to any other Service(s) acquired by the Customer from Exetel in the future. If the Customer wishes to acquire additional Service(s), the parties will negotiate and attach an additional Service(s) Schedule to this Agreement.
9.2	These terms plus the terms of the chosen Service(s) constitute the entire Agreement between the Customer and Exetel in relation to Service(s). Any condition, warranty, representation or other term which might otherwise be implied into or incorporated into these terms and conditions, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded. Neither party shall have any remedy in respect of any untrue statement made to it upon which it relied in entering into this Agreement (unless such untrue statement was made fraudulently) and each party’s only remedy shall be for breach of contract as provided in this Agreement.
9.3	The Customer must not assign any of its rights or obligations under this Agreement without Exetel’s consent.
9.4	Any notice under this Agreement whether required to be written or otherwise may be given by Exetel to the Customer by posting on this web site or via an email to the email address nominated by the customer in the Exetel ADSL User Facilities.
9.5	These terms are governed by the laws of New South Wales.