This document contains the Service Description and Terms for the supply of ADSL and ADSL2+ broadband Internet. ADSL 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. ADSL and ADSL2+ are both high speed, broadband Internet access services which operate on a copper telephone line at your premises. These services allow you to access the Internet and use your PSTN telephone service simultaneously.

1.2. The actual speeds for the service can vary substantially due to many factors. These include distance from local exchange, quality of phone line, EMI (ElectroMagnetic Interference), the number and type of other services using the line, the capacity of the uplink, and customer's modem/router.

1.3. Customers on ADSL2+ plans who are more than 3kms from the telephone exchange and/or with poor quality telephone lines may be limited to ADSL2 (G992.3) or ADSL1 (G992.1) modulation for stability purposes and due to technical limitation of Telstra infrastructure.

1.4. It may not be possible to provide an ADSL/ADSL2+ service due to limitations (RIMs, Sub Exchanges, etc) or incompatibility with a third party carrier's network. You must have a qualified copper pair at the service delivery address for the ADSL.

1.5. To acquire an ADSL2+ service, you must be in an area covered by TPG's ADSL2+ network and, if you are in such an area, we will only sell you an ADSL2+ service. We do not guarantee provision of broadband to every applicant.

1.6. Some services offered by a third party carriers, such as PABX systems and certain fax services may be incompatible with the ADSL service and may not be available to you after connection of the ADSL Service.

1.7. Our broadband business plans are available only to customers who provide a valid ABN on application.

1.8. Your ADSL/ADSL2+ service may not be resold or on-sold and you must ensure that it is not made available to ISPs, Internet Cafés or Web Hosting Companies.

1.9. We provide support for the following: ADSL installations on the routers and modems purchased from us; 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.

1.10. We reserve the right to provide access to the Internet via Proxy Servers.

1.11. We do not permit back channelling. We reserve the right to charge you for any incoming or outgoing traffic if this is breached at 20 cents per MB.

1.12. You agree that an ADSL2+ 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.

2. SERVICE FAULTS

2.1. While we will endeavour to make broadband services available to customers 24 hours a day, 7 days a week, ADSL/ADSL2+ 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 ADSL/ADSL2+ services, such as the performance of third party suppliers and equipment, Force Majeure events and performance of your telephone service. We accept no liability for interruptions to your ADSL service or for any resulting damage or loss suffered by you or any third party.

2.2. 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.

2.3. 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, includingTelstra. We will invoice you for costs incurred by us if you engage a third party for assistance with your service.

3. INSTALLATION OF ADSL

3.1. You must nominate an existing standard telephone service for delivery of the ADSL/ADSL2+ service and you will remain responsible for all costs of the telephone service to your telephone carrier. You warrant that you are the legal renter of the telephone line or authorised by the legal renter to consent to the installation of the service.

3.2. It is your responsibility to ensure that your computer and software conform to the minimum standards required to access and use ADSL/ADSL2+. Our system requirements are detailed online at http://www.tpg.com.au/products_services/system_requirements.php

3.3. For ADSL/ADSL2+ to be installed, your nominated telephone line must support the service. Provisional checks to confirm the telephone line can support ADSL/ADSL2+ are carried out on application, but this does not guarantee the service can be successfully installed. There may be a minor disruption to the nominated standard telephone service during installation.

3.4. Provisioning may be rejected or delayed by Telstra due to, but not limited to, transpositioning (the line cannot carry ADSL/ADSL2+). Such issues are outside of our control. If there are issues, you must give us the opportunity fully to investigate the reasons for such rejections before terminating the contract.

4. EQUIPMENT

4.1. You must ensure that you have ACMA compliant, compatible, working equipment installed to access and use your ADSL/ADSL2+ service including, but not limited to: Modem/router, filters, 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.

4.2. The ADSL USB modems supplied by us do not work in a routed environment and are not stable in a Mac OS or Pre Windows 98 (2nd edition) environment.

4.3. 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.

4.4. 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.

4.5. Every telephonic device connected to the same telephone line as the ADSL/ADSL2+ service will need to have a suitable filter installed to prevent interference between the device and the broadband service.

4.6. One standard filter for a standard telephone handset comes with every modem/router supplied by TPG. A stronger central filter will be required for every cordless telephone handset and for every fax machine on the same phone line as the ADSL/ADSL2+ service.

4.7. A central splitter must be installed on the service phone line, if you have:


(a) A monitored 'back to base' security system, which operates via the same phone line as the broadband service.

(b) More than 3 telephony devices connected to your broadband phone line.

(c) A mode 3 phone socket connected to your broadband phone line.


4.8. Installation of any required central splitter hardware is at your expense. You should contact an Austel approved technician or Telstra to install the central splitter. For further information contact TPG sales (contact details are available online at www.tpg.com.au/about/contact.php ).

4.9. We will only deliver ordered equipment to the contact address supplied by you in your application for service.

4.10. 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.

5. EQUIPMENT WARRANTY

5.1. ADSL/ADSL2+ 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.

5.2. The warranty period will commence from the date of despatch from our premises.

5.3. The warranty period will not restart if a replacement unit is issued.

5.4. 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:


(a) A piece of equipment not supplied by us;

(b) A Force Majeure Event;

(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;

(d) Damage caused by you or a third party.

5.5. Operation and maintenance of equipment which has not been purchased from TPG or is outside of any warranty provided by TPG are your responsibility.

5.6. 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.

6. EQUIPMENT SPECIAL OFFERS

6.1. 'Equipment special offer' refers to free or discounted equipment (such as modems/routers) offered by us.

6.2. You may redeem only one item of equipment which is part of an Equipment special offer, and the offer must be claimed during the application, or in writing within 30 days of the application.

6.3. Only offers which are advertised on the TPG website (www.tpg.com.au) for your particular plan at the time of registration are valid.

6.4. Equipment special offers are only available to new TPG customers paying the full ADSL/ADSL2+ setup fee.

6.5. Equipment special offers are not available to customers who transfer (churn) to TPG ADSL from another provider.

6.6. Modem/router special offers cannot be exchanged for cash, credit or any other product or service.

7. SETUP CHARGES

7.1. You must pay all equipment, delivery and set-up charges and the first month's subscription fee once your nominated telephone line passes the initial service qualification test prior to installation.

7.2. If you provide us with incorrect registration details which result in the service being installed on the wrong phone line, 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.

7.3. Where transpositioning of your telephone line is required for ADSL/ADSL2+ to be installed, we will charge the set-up fee and first month's subscription fee on receipt of written confirmation that you wish to proceed with transpositioning. These charges will be refunded if transpositioning fails but, if successfully completed, we will bill you for any equipment ordered and related delivery charges.

8. MINIMUM CONTRACT PERIOD

8.1. All ADSL 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 on your telephone line.

8.2. If, during the Minimum Contract Period, you cancel the service or we cancel the service because of your default, you must pay the charges which would have been payable for service between the date of termination and the expiry of the Minimum Contract Period up to a maximum of $350.

8.3. The Minimum Contract Period varies from plan to plan, and will be advised to you during your application for the service.

9. SUBSCRIPTION FEES

9.1. Subscription charges for ADSL broadband plans are billed in advance.

9.2. Subscription fees are charged monthly, quarterly or another subscription period agreed as part of your application for the service. If no specific period is nominated, the subscription period is monthly.

9.3. 7 days prior to the end of each subscription period the following period's subscription fee will be charged and you will acquire the service for that subscription period.

10. DOWNLOAD QUOTAS

10.1. 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.

10.2. 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.

10.3. 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.

10.4. With some broadband plans you are charged for all downloads in excess of a specified monthly download quota, at a rate specified in the application, or if no rate is specified, at the rate of 15 cents per megabyte.

10.5. Usage charges incurred within a billing month are charged at the end of that billing month.

10.6. In calculating download usage, 1GB (Gigabyte) is equal to 1000MB (Megabyte); 1MB is equal to 1000KB (Kilobyte).

10.7. 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.

10.8. TPG reserves the right to change the broadband speeds during the off-peak hours.

11. PAYMENTS

11.1. 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 the Customer. Accounts paid with an American Express or Diners Club card will incur a surcharge of 2.75% (incl. GST) of the payment amount when we debit the card.

11.2. 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.

11.3. Payment of invoices is required within 30 days of date of invoice. Payment can only be made through "My Account" or by calling the Call Centre. If payment is not made within this time, account suspension will be enforced.

11.4. Payment method will be moved from invoice to automatic Credit Card or Direct Debit deduction in the cases where a plan change, relocation, reconnection or reactivation of internet service is required by retail customers (without ABN).

11.5. We reserve the right to charge $10 inc. GST per invoice generated and posted for retail customers (without ABN) who have invoice as payment method.

12. SERVICE CHANGES

12.1. All changes to broadband plan/service may incur fees including, but not limited to changes in bandwidth/speed/configuration/plan, relocation of the service to a different address or telephone number, and termination of the service. We will charge the relevant fees specified online at www.tpg.com.au/products_services/adsl_additionalprices.php on receipt of your application for a change.

12.2. We not liable for any interruption your service while a change is being processed and implemented. You may contact Customer Service on 13 14 23 for an estimate of how long the service may be disrupted due to a specific change but such estimates are not guarantees about the period of time.

12.3. We will not reimburse subscription charges incurred while a change to your service is being processed or implemented, and will not be liable for any loss or damages associated with disruption of the service while the change is being implemented.

12.4. A change to your service will only be implemented once we receive all necessary information by way of an online application (see https://cyberstore.tpg.com.au/your_account/) or in writing by email, fax or post.

13. IP ADDRESSES

13.1. Broadband plans provide dynamic or static IP addresses as described in the plan specification 'Static IP address' refers to layer 3 or layer 2 (PPPoE) broadband connections where your router/modem is assigned a specific IP address(s) that is allocated for the period you acquire the service.

13.2. If you have a plan with a static IP address(s) and apply to change the plan/service in any way, we will endeavor to retain your IP address(s) but reserve the right to assign to you a new IP address(s).

14. CHANGES TO TELEPHONE SERVICE

14.1. Any interruption/change to your telephone service will cause the ADSL/ADSL2+ service on that line to be automatically disconnected and you will have to order, and pay a fee for reconnection/relocation of the service (as per online pricing at www.tpg.com.au/products_services/adsl_additionalprices.php). Such interruptions/changes include, but are not limited to:


(a) Cancellation/suspension of your telephone account.

(b) Change of service address (even if you keep the same telephone number).

(c) Change of telephone number (even if your address does not change).

(d) Change of telephone service lessee details.

(e) Installation of an ADSL/ADSL2+ incompatible product on the telephone line.


14.2. If your broadband service is terminated automatically, you must inform us. If you choose not to reconnect your service, all of the usual conditions relating to cancelling an ADSL/ADSL2+ service will apply, including your obligation to pay the fee for early contract termination.

14.3. If you change your location to an area where TPG ADSL2+ is not available, you may choose one of the following 2 options:


(a) Change to a current ADSL plan, with a new Minimum Contract Period.

(b) Cancel the TPG ADSL2+ service and pay out any early termination charges up to a maximum of $350.


14.4. If you apply to relocate/reconnect your service during the Minimum Contract Period, and you determine that neither ADSL nor ADSL2+ are able to be provisioned at the your new address / telephone number, you will be charged the early termination charges up to a maximum of $60.

14.5. If relocation/reconnection of your service is delayed due to a factor outside of our control (for example, there are no available ADSL ports or transpositioning of the telephone line is required), the full early contract termination fee will apply if you choose not to proceed.

14.6. 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.

14.7. If your existing plan is no longer advertised on the TPG website at the time the relocation/reconnection is applied for, you may be required to choose a new plan from our then current plans, and begin a new Minimum Contract Period as specified for that plan.

15. CHANGE OF PLAN

15.1. Migrating to another TPG ADSL/ADSL2+ 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.

15.2. A Change of Plan fee and/or Contract Restart may apply if customers request to change your ADSL/ADSL2+ service, as displayed online at www.tpg.com.au/products_services/adsl_additionalprices.php.

16. CANCELLING AN ADSL/ADSL2+ SERVICE

16.1. You may terminate the ADSL/ADSL2+ 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.

16.2. If you cancel your ADSL/ADSL2+ service before the end of your Minimum Contract Period, you will be required to pay the early termination charges stipulated in this service description.

16.3. 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.

17. BACK-UP DIAL-UP SERVICE

17.1. A backup dial-up service is available with all ADSL/ADSL2+ plans for use by you in the event of an outage, or from a remote location.

17.2. The backup dial-up service is charged at a rate of $1.10 per hour, capped at $16.99 per billing month, except for the Broadband Value 256 plan. Any dial-up usage incurred by you on the Broadband Value 256 plan will be deducted from your 200MB monthly download limit. Once you have exceeded the 200MB limit, additional dial-up usage will be charged at 15cents/MB.

17.3. Dialup usage is calculated in one-minute increments and charging is rounded to the nearest cent. A minimum access charge of 11 cents including GST per session applies.

17.4. By utilising the backup dial-up service, you agree to TPG's Dialup Terms and Conditions.

18. EMAIL

18.1. Virus filtering is performed on all email passing in or out of our email servers, and will not be disabled on individual accounts. Email messages detected with a virus are rejected immediately with details of the virus. You will not receive separate notification for each infected message which is rejected, but will be emailed a fortnightly summary of prevented viruses.

18.2. If you persistently send virus emails, or have virus infected emails sent from your network, you will be notified daily via email. Failure to fix the virus infected computer will result in a temporary block of all email services for you and your network.

18.3. SPAM or Junk email filtering is performed on a per email account basis. The account holder is able to select the appropriate filtration level, or disable this service. Email detected and prevented from delivery can be viewed via a website.

18.4. Sender address verification is performed on all incoming emails. This is enabled by default, but can be disabled on a per email address basis.

18.5. We do not guarantee faultless storage of emails, and will not be liable for any damage or loss, including loss of time, resulting from storage faults. Emails are only temporarily stored online. We will not be responsible for emails deleted automatically once the specified storage limit is reached — details of storage limits are available with the plan details online at http://www.tpg.com.au/products_services/pop3.php.

18.6. Email plans offer spam filtering and virus protection facilities. These features are to help you protect themselves against unwanted viruses and junk email. TPG does guarantee protection against spam or viruses and recommends that you make use of other available protections such as anti virus software and firewalls.

18.7. We recommend that you use email client software (i.e. an email program) which will download and store copies of email on your own computer and/or will enable you to make hard copies of important emails.

19. ADSL FAST TRANSFER (CHURN)

19.1. The fast transfer (churn) process is only available to customers who have an active ADSL connection with a participating ISP.

19.2. We do not guarantee access to the churn process, and will not be liable if the ADSL transfer application is rejected.

19.3. TPG will supply the ADSL service from the date the transfer takes effect (you will be notified when this happens).

19.4. You will pay for all charges associated with the transfer.

19.5. You will still be responsible to your current ADSL supplier for any charges incurred and/or billed up to the date the transfer takes effect.

19.6. After a transfer, you may not be able to receive certain benefits you currently receive from your DSL supplier (e.g. discounts or specific product enhancements).

19.7. You authorise us to act on your behalf to transfer your ADSL service.

19.8. Your ADSL service will remain active with your current Internet provider until the transfer takes place.

19.9. You will need to contact your current ADSL provider about any faults with your ADSL service until the transfer process is completed.

19.10. You may experience an outage in your ADSL service of up to 4 hours whilst the transfer takes place. We are not liable for any downtime or delays, as we are dependent on a 3rd party to perform the transfer.

19.11. You warrant that you are the account holder of the ADSL service to be transferred, or are authorised by the account holder to transfer the service to us.

19.12. You understand that it is your responsibility to check the terms of your contract with your current ADSL provider to determine if there will be any consequences under that contract as a result of this transfer, such as an early termination payment.

19.13. You authorise us to confirm, on your behalf, your current technical data to be used for the ADSL transfer process only.

20. MISCELLANEOUS

20.1. 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.

20.2. We reserve the right to add, or delete web sites to/from our filter list without prior notice to you.

20.3. We may use a proxy service in delivering internet to you.

21. FAIR USAGE POLICY

21.1. We are committed to providing all our customers with the best service possible and to assist us in meeting this commitment we ask all customers to use our services fairly. If you are identified to be making excessive use of our service and it is deemed to be a serious burden on the network we will warn you via email. If you do not rectify this matter in the given time we reserve our right to limit your connection speed or suspend their service without further notification to you. We also reserve the right to terminate your contract if the above occurs more than 3 times since the start of the your contract with us.

END