Last updated: 15-03-2024

TERMS & CONDITIONS OF TRADE INTERNET SERVICE PROVIDER (ISP) AND VOIP SERVICES

PART I – GENERAL TERMS

1. Agreement Overview

1.1 Scope:

(a) Part I applies to all services provided by Ash Net Limited.
(b) Part II applies specifically to ISP and Internet Connectivity/Hosting Services.
(c) Part III applies specifically to Equipment hire.

1.2 Term:

This Agreement is for a fixed period, commencing on the agreed start date and terminating on the last day of the stated term. After the initial term, it continues on a month-to-month basis unless terminated with 30 days’ written notice by either party.

1.3 Amendments:

Ash Net Limited reserves the right to update these terms at its discretion. Changes will be published on the company’s website and take effect upon publication.

2. Definitions

Agent: Ash Net Limited, including its successors or authorized representatives.
Client: The person or entity requesting services.
Products: Goods, materials, or software provided by the Agent.
Services: Includes ISP, VoIP, Equipment hire, and related services.
Equipment: Hardware, software, or accessories provided on hire.
Prohibited Content: Content violating laws, intellectual property rights, or deemed inappropriate.
Price: The agreed cost for services (see Clause 5).

3. Acceptance

3.1 The Client accepts these terms by placing an order or using the services.
3.2 Amendments require the Agent’s written consent.
3.3 These terms prevail over any inconsistent documents.
3.4 The Client is responsible for providing accurate service specifications.

4. Change in Control

4.1 The Client must notify the Agent at least 14 days before any changes in ownership or contact details.

5. Price and Payment

5.1 Price Determination:

• As per invoice, current price list, or quoted price (valid for 30 days).

5.2 Price Adjustments:

Prices may be adjusted due to:

• Service variations.
• Hidden/unforeseen difficulties (e.g., technical issues).
• Increased costs (e.g., labor, materials).

5.3 Payment Terms:

• Payment is due either before service provision, in instalments, or within 20 days post month-end for approved Clients.

5.4 Payment Methods:

• Direct Debit, cash, electronic banking, or credit card (3% surcharge applies).

5.5 Taxes:

• GST and other applicable taxes are additional.

6. Provision of Services

6.1 Services are provided at either the Agent’s or Client’s address.

6.2 Freight costs are additional.

6.3 The Agent is not liable for delays in service provision.

7. Risk and Title

7.1 Risk: Passes to the Client upon delivery.

7.2 Insurance: The Client must insure all Products.

7.3 Title: Ownership remains with the Agent until full payment is received.

8. Default and Consequences

8.1 Interest: Overdue invoices incur a charge of $18.40 per month.

8.2 Suspension: Non-payment may result in service suspension.

9. Cancellation

9.1 The Agent may cancel services with written notice.

9.2 The Client is liable for any losses incurred due to cancellation.

PART II – ISP AND INTERNET CONNECTIVITY / HOSTING SERVICES

10. Early Termination Fees

• Residential Fibre Broadband 50/100/300/500/920: $199 + GST.
• Hyperfibre 200: $399 + GST.
• Fibre Hyperfibre 4000: $420 + GST.
• Fibre Hyperfibre 8000: $450 + GST.
• Business Contracts: Fees vary based on installation/equipment costs.

11. Service Limitations

11.1 The Agent is not liable for service interruptions or downtime.

11.2 Abuse of network resources (e.g., excessive bandwidth usage, illegal file sharing) may result in account termination.

PART III – EQUIPMENT

12. Equipment Responsibilities

12.1 Ownership: Equipment remains the Agent’s property.

12.2 Return: Must be returned upon request.

12.3 Unreturned Equipment: Replacement fee equals the current retail price of the router at the time of replacement.

PAYMENT TERMS

• Payment Date: 28th of each month.
• Frequency: Monthly, in advance.
• Late Payment Fee: $18.40.
• Router Shipping Fee: $15.

ADDITIONAL NOTES

• ONT and Power Cable: Do not remove from the property.
• Missing Power Cable: Replacement must be arranged via Chorus.
• Fibre Installation: Requires Chorus technician access (3–31 days).