Service Description and Terms


This document contains the Service Description and Terms for the supply of ADSL2+ with TPG Home Phone, ADSL2+ with TPG Landline Rental and Naked ADSL2+. ADSL2+ with TPG Home Phone, ADSL2+ with TPG Landline Rental and Naked ADSL2+ are supplied by TPG Internet Pty Ltd (ABN 15 068 383 737). The Standard Terms and Conditions http://www.tpg.com.au/terms_conditions/standard.php apply to these services and are part of the agreement under which TPG supplies this service.


1. THE SERVICE


    These Naked ADSL2+ Service Description and Terms also apply to ADSL2+ with TPG Home Phone and ADSL2+ with TPG Landline Rental. They do not apply to ADSL2+ standalone plans.

    1.1. Naked ADSL2+ is a high speed broadband Internet service delivering Internet content and related services such as email using asynchronous digital subscriber line (ADSL) technology over a pair of copper wires over which only the Naked ADSL2+ service is provided (that is, there will be no public switched telephone service operating on the copper pair). The copper pair is part of a network commonly known as the “unbundled local loop” or the “ULL”.

    1.2. We do not guarantee provision of Naked ADSL2+ to every applicant. Naked ADSL2+ is only available to addresses within TPG´s ADSL network coverage area where there is available infrastructure to provision the Naked ADSL2+ service. There must be available at the service delivery address a suitable copper pair which, at the time of application, has a standard telephone service operating on it where Telstra is the underlying owner of the copper pair. Not all copper pairs are suitable. Limitations may include the existence of complex services being supplied over the copper pair (e.g., ISDN, Duet, Securitel, Line Hunt etc), and where there is RIM, sub-exchange, pair gain or other network elements affecting the copper pair.

    1.3. The connection speed of the Naked ADSL2+ service will be high speed broadband delivered using ADSL2+ technology. TPG does not guarantee that customers will achieve maximum ADSL2+ connection speed as specified in the plan details. The speeds for the service can vary substantially due to many factors. These include distance from local exchange, quality of phone line, EMI (Electro-Magnetic Interference), the number and type of other services using the line, the capacity of the uplink, and customer´s modem/router. Customers 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. If Naked ADSL2+ is installed on a copper pair at your service delivery address, you will not be able to use that the copper pair for any telecommunications service supplied by a third party carrier, though TPG IPTV may be available.

    1.5. Naked ADSL2+ will be supplied under a plan which you select at the time of application for the service.

    1.6. Business plans are available only to customers who provide a valid ABN on application.

    1.7. Your Naked 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.

    1.8. The Naked ADSL2+ service is not a standard telephone service and the Customer Service Guarantee does not apply. Naked ADSL2+ with VoIP may perhaps be seen as a standard telephone service it is therefore a condition of these plans to waive rights to the CSG.

2. INSTALLATION OF NAKED ADSL2+


    2.1. During the application process, you will be asked to nominate an existing standard telephone service number which is operational at the service delivery address. You warrant that you are the legal renter of the telephone line provided or are authorised by the legal renter to consent to the installation of the Naked ADSL2+ service.

    2.2. If you have any complex services on the copper pair (refer clause 1.2 above) you will be required to cancel those complex services before any installation can proceed. You acknowledge and agree that, if you are a customer of TPG´s ADSL2+ broadband and cancel that complex service in order acquire Naked ADSL2+, there is no guarantee that the ADSL2+ port will remain available for you to return to acquire that ADSL2+ service from TPG. There may be a delay of up to 3 weeks between cancellation of ADSL2+ and installation of Naked ADSL2+.

    2.3. By applying for the service, you authorise TPG to cancel the PSTN telephone service and convert it to a line for use with the Naked ADSL2+ service. The telephone line and all services and features associated with the telephone line (including PSTN landline telephone service) will be disconnected automatically once the service is activated.

    2.4. You acknowledge and agree that any functionality that may require a standard telephone service dial tone will not function when using Naked ADSL2+. Such functionality includes without limitation:

    1. Fax machines;
    2. Alarm monitoring;
    3. PBX and other phone systems;
    4. Line hunt;
    5. Existing DSL services;
    6. Dial up network access;
    7. EFTPOS; and
    8. Movie ordering, voting and other facilities provided by Pay TV requiring a standard telephone service will not be possible with Naked ADSL2+.

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

    2.6. 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.

    2.7. For Naked ADSL2+ to be installed, your copper pair must support the service. Provisional checks to confirm the telephone line can support the Naked ADSL2+ service are carried out on application, but this does not guarantee the service can be successfully installed.

    2.8. We will endeavour to install the service within a reasonable time from your order but provisioning may be rejected or delayed due to many factors, including 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.

    2.9. At the time of installation, we will conduct a qualification test to ascertain whether there is a suitable copper pair available for use at the service delivery address. If there is no such suitable copper pair, we will notify you by email and the agreement between TPG and you for the sale and purchase of Naked ADSL2+ will be terminated.

    2.10. You are responsible for all costs and charges associated with any agreement for the delivery of carriage services supplied to the service delivery address on the telephone line before the cutover to Naked ADSL2+.

3. THE TPG IPTV SERVICE


    3.1. IPTV (Internet Protocol Television) is a system where a television or video service is delivered to subscribing consumers using internet protocol over a broadband connection. TPG only supports delivery of television signal to the computer monitor.

    3.2. TPG provides you with a selection of Channels via our network, including both free and pay channels. These channels are grouped together in tiers or packages.

    3.3. TPG IPTV is available to TPG customers who are using our Naked ADSL2+ service and are connected to an IPTV enabled exchange. To ensure quality, this service is limited to customers who receive a consistent download speed of greater than 3.5Mbps.

    3.4. All subscriptions are on a monthly basis and no refunds will be paid for any early termination within the month.

    3.5. You must be over 18 years of age to subscribe to an adult channel or other restricted content services. Proof of age may be required. Technical support is available for customers who have purchased an IPTV compatible modem through TPG. Support will not be provided for customers using third party or non TPG supplied modems/routers.

    3.6. TPG IPTV is supplied for residential subscribers, for their private, non commercial viewing. You must not copy, alter in any way, retransmit or redistribute the channels/programs supplied.

    3.7. TPG will record the following session information as required to assist with technical support and licensing regulations.
    1. Debugging messages which may contain users system configuration
    2. Viewing information and channel change requests
    3.8. TPG will not release any information collected to any 3rd party company or individual except if the law requires us to, such as by law enforcement agencies when they are required to investigate illegal activates under State and/or Federal Laws.

    3.9. You must pay all subscription fees applicable to the IPTV plan for which you have registered. Failure to pay subscription or usage charges will result in the suspension or termination of the IPTV service.

    3.10. TPG accepts liability to you in accordance with the Competition and Consumer Act 2010, and other laws and in connection with the TPG Standard Terms and the supply or interruption of TPG IPTV to the extent provided in this Agreement. For example, TPG is not liable for: delay, interruption in or cessation of TPG IPTV, failure to broadcast an advertised program, the quality of transmission of any channel, including both standard package and Pay channels. TPG excludes all liability to you for any indirect, special or consequential loss.

4. EQUIPMENT


    4.1. You must ensure that you have compatible, working equipment installed to access and use your Naked ADSL2+ service including, but not limited to: Modem/router 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. If we have agreed to supply you with a piece of equipment, we reserve the right to and may 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.

    4.3. TPG only provides technical support for makes and models of modem/router supplied by TPG. If you are using a model of modem/router not supplied by TPG, assistance may be available directly from the manufacturer´s own technical support service.

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

    4.5. 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.

5. EQUIPMENT SUPPORT


    5.1. Support, maintenance and/or consulting in respect of your equipment are not provided as part of the service. You are responsible for any expenses relating to cabling, configuration and/or modifications to your equipment.

6. SERVICE FAULTS


    6.1. While we will endeavour to make Naked ADSL2+ services available to customers 24 hours a day, 7 days a week, Naked 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 Naked ADSL2+ services, such as the performance of third party suppliers and equipment, force majeure events and quality of the copper pair. We accept no liability for interruptions to your Naked ADSL2+ service or for any resulting damage or loss suffered by you or any third party.

    6.2. 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.

    6.3. You must direct all queries regarding faults/outages of the service to our technical support Help Desk (see contact details online at http://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.

    6.4. 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. For more information please see http://www.tpg.com.au/helpdesk/faqs.php

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 Naked 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. Naked ADSL2+ plans may 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 an early termination charge. Such termination fees are set out at http://www.tpg.com.au/products_services/homephone_additionalprices.php for ADSL2+ with TPG Home Phone, http://www.tpg.com.au/small-office-home-office/additionalpricing.php for ADSL2+ with TPG Landline Rental and http://www.tpg.com.au/products_services/ull_additionalprices.php for Naked ADSL2+.

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

9. SUBSCRIPTION FEES


    9.1. Subscription fees for Naked ADSL2+ plans are billed and payable 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. ADDITIONAL CHARGES


    10.1. WITHDRAWAL OF NAKED ADSL2+ APPLICATION Any withdrawal of Naked ADSL2+ application may incur an application withdrawal charge as specified on the Naked ADSL2+ Additional Pricing page online at http://www.tpg.com.au/products_services/ull_additionalprices.php.

    10.2 WITHDRAWAL OF ADSL2+ with TPG Home Phone and ADSL2+ with Landline Rental APPLICATION.  Any withdrawal of ADSL2+ with TPG Home Phone application may incur an application withdrawal charge as specified on the ADSL2+ with Home Phone Additional Pricing page online at http://tpg.com.au/products_services/homephone_additionalprices.php and ADSL2+ with Landline Rental Additional Pricing page online at http://www.tpg.com.au/small-office-home-office/additionalpricing.php.

    10.3. INCORRECT INFORMATION If you provide incorrect information (such as incorrect address or incorrect phone number) on the Naked ADSL2+ application which is actioned by Telstra, then you will be liable for the costs incurred including, but not limited to

    1. A setup charge and relocation charge if the service can be relocated to the correct address or phone number; or
    2. A setup charge and early cancellation charge if the incorrect service cannot be relocated.

11. DOWNLOAD QUOTAS


    11.1. 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. TPG may manage traffic flows in its network for purposes associated with targeting efficient utilisation of available network resources.

    11.2. 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.

    11.3. 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.

    11.4. 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.

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

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

    11.7. 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.

    11.8. TPG does not provide usage records for unlimited broadband plans which are not throttled after a specified download limit is reached.

12. PAYMENTS


    12.1. 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 3.2% (incl. GST) of the payment amount when we debit the card.

    12.2. TPG may choose not to issue an invoice but charges will be incurred and payable regardless of the fact that an invoice has not been rendered.

    12.3. Where payment is made by direct debit or credit card, TPG may suspend the service without giving notice to you if the direct debit is declined for any reason.

    12.4. Plans which incur download charges can only be paid by credit card.

    12.5. 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.

    12.6. 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).

    12.7. 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.

13. SERVICE CHANGES


    13.1. It is possible to change Naked ADSL2+ plans from time to time. If you wish to reduce the amount of your monthly recurring charges during the Minimum Contract Period, such a change will incur a once off fee specified at http://tpg.com.au/products_services/ull_additionalprices.php.

    13.2. It is possible to change ADSL2+ with TPG Home Phone and ADSL2+ with Landline Rental plans from time to time. If you wish to reduce the amount of your monthly recurring charges during the Minimum Contract Period, such a change will incur a once off fee specified at http://tpg.com.au/products_services/homephone_additionalprices.php for ADSL2+ with TPG Home and http://www.tpg.com.au/small-office-home-office/additionalpricing.php for ADSL2+ with Landline Rental.

    13.3. Changing from a Naked ADSL2+ plan to an ADSL2+ or any other type of broadband service requires the cancellation of the Naked ADSL2+ service before any order may be placed of the other service. Such a cancellation during the Minimum Contract Period will incur early termination charges as specified in clause 8.2 above.

    13.4. Relocation of a Naked ADSL2+ is not possible. If you move premises, you must cancel your Naked ADSL2+ service, if such cancellation occurs during the Minimum Contract Period, early termination charges as specified in clause 8.2 above will be payable.

14. IP ADDRESSES


    14.1. Naked ADSL2+ 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.

    14.2. 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).

15. CANCELLING A NAKED ADSL2+ SERVICE


    15.1. You may terminate the Naked 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.

    15.2. If you cancel your Naked 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.

    15.3. You authorise us to charge all termination fees, including, but not limited to, any early termination charges to your credit card or direct debit account on receipt of your termination notice. Such termination fees are set out at http://www.tpg.com.au/products_services/homephone_additionalprices.php for ADSL2+ with TPG Home Phone and http://www.tpg.com.au/small-office-home-office/additionalpricing.php for ADSL2+ with TPG Landline Rental.

    15.4. Cancellation of a Naked ADSL2+ service may automatically terminate the supply of the IPTV Service.

    15.5. Fast transfer away from the Naked ADSL2+ service may not be possible. In order to move to another DSL or telephony service provider, you may be required to cancel the TPG Naked ADSL2+ service and order a fresh service with the alternative provider.

16. EMAIL


    16.1. 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.

    16.2. 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.

    16.3. 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.

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

    16.5. 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.

    16.6. 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.

    16.7. 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.

17. MISCELLANEOUS


    17.1. 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.

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