DSL Services Terms and Conditions

1.       DSL TERMS AND CONDITIONS

These DSL Terms and Conditions constitute an agreement ("Agreement") between Cans on a String service (“Service”) and the customer ("Customer"). This Agreement governs both the Service and any devices (customer premises equipment), such as a modem, an adaptor, or any other IP connection device ("Equipment") used in conjunction with the provision of Cans on a String Service. By activating the Service, the Customer acknowledges having read and understood, and the Customer agrees to the terms and conditions of this Agreement, and the Customer represents being of legal age to enter this Agreement and become bound by its terms. Cans on a String General Terms and Conditions posted on the Cans on a String website form part of this Agreement.

 

2.       GENERAL BROADBAND SERVICE AVAILABILITY AND PROVISION

i) Cans on a String agrees to supply the Service only in geographical region covered by Cans on a String broadband service wholesale suppliers on the conditions that there is free capacity available and that there is a continuous copper pair available between the Customer’s premises and the local exchange.

ii) Customer application of Service is subject to qualification check during the provisioning process. If we cannot provide the Service, Customer can cancel the Service order without penalty. See section SERVICE ORDER CANCELLATION AND REFUND POLICY below.

iii) Customer acknowledges and accepts that Cans on a String is not obligated to accept the Customer’s application for the DSL Broadband Service and that Cans on a String reserves the right at its sole discretion to accept or reject an application without disclosure of reasons.

iv) If Cans on a String accepts the Customer’s application, Cans on a String will endeavour to provide the Service as soon as Cans on a String can, but Cans on a String cannot guarantee availability and a date of commencement.

v) Cans on a String relies on the Customer to provide the correct telephone number and address of the premises to which the Service is required. Any incorrect information provided by the Customer may result in delay and/or incorrect installation and the Customer ise then liable for cancellation and/or relocation charges.

vi) If Cans on a String provides the Service, it will be delivered to the network boundary of the Customer premises. The network boundary typically is the first telephone socket in a single dwelling residential home or the main distribution frame, MDF in a business premises or multi storey building. The Customer is responsible for any cabling work required beyond the network boundary in terms of installation, maintenance and repairs.

vii) Customer is fully responsible for contacting Customer’s existing service provider and make the necessary arrangements in terms of contractual commitments and/or break disconnection fees and charges, etc. for the existing telephone and DSL services, if applicable.

viii) To apply for Cans on a String Service, the Customer must be the holder of the current telephone service account. By completing the service order form, the Customer has given Cans on a String permission to install Cans on a String Service on Customer’s telephone line and Customer warrants that this requirement has been met.

ix) Customer may include Cans on a String broadband phone VoIP service as part of the Service. While Cans on a String endeavours to provide the best possible service quality, the VoIP service is not a standard telephony service and should not be relied on for emergency 000 call communications. The VoIP service may be disrupted if there is a power failure at your premises.

 

3.       ADSL2+ BROADBAND

i) The Service requires Customer to provide Customer’s existing telephone number and line which must be active without any incompatible elements such as complex service or incompatible “Spectrum” shared service when the Customer submits the application to acquire the Service from Cans on a String. Once Cans on a String has installed the Service on the Customer’s telephone line, Customer will keep the existing telephone number and line as well as any services associated with it. These may include back to base alarms, EFTPOS, dial-up services, pay TV, etc. Customer will still be liable for any telephone line charges from Customer’s existing telephone service provider.

ii) In order to keep Cans on a String Service running, Customer must keep the telephone service and line active with Customer’s current telephone service provider. Terminating, or changing Customer’s existing telephone account or service with Customer’s provider will cause the ADSL or ADSL2+ service to be disconnected immediately. If Customer manages to re-connect the telephone service, Cans on a String may assist Customer to reinstate the ADSL or ADSL2+ Service via Cans on a String’s wholesale supplier but Cans on a String will not guarantee the outcome. Customer must notify Cans on a String within 2 business days to request for Service reinstatement.

iii) If the Service cannot be reinstated for any reason, a termination fee may apply and Customer will have to pay for full service installation fee again to reconnect the service.

 

4.       SERVICE ORDER CANCELLATION AND REFUND POLICY

i) If Customer no longer wishes to continue with the service order, customer must be the applicant of the order and notify Cans on a String within 3 business days from the time Customer submits the order. An order cancellation fee will apply.

ii) If Customer cancels an order after it has been submitted by Cans on a String to its wholesale provider, and it is due to be completed, the Customer is required to pay for the installation and contract termination fees as well as the courier cost to return the Equipment to Cans on a String office provided that the Equipment has not been damaged or tampered with in any form. The Customer is also required to pay a re-stocking fee of 20% to the value of the equipment.

iii) If the Service ordered is cancelled as a result of circumstances attributable to the Customer before the service start date, Customer must pay Cans on a String all infrastructure and installation costs incurred by Cans on a String in connection with preparation to supply the Service to Cans on a String. 

iv) If Cans on a String’s wholesale supplier fails to provide the Service for whatever reasons after an order has been placed, the customer will pay for the courier cost to return the Equipment to Cans on a String and is entitled to a full refund without paying any re-stocking fee.

 

 5.       BROADBAND SERVICE MAINTENANCE

i) Before Customer reports any service faults to Cans on a String, Customer must take all reasonable steps to ensure the faults are not caused by or attributed to Cans on a String. Customers may be liable for a call out charge if subsequent investigation by Cans on a String shows the faults lie beyond the Network Boundary Point (NBP). The NBP is the first telephone socket in a single dwelling residential home or the Main Distribution Frame (MDF)in a business premises or multi-storey building.

ii) Customer must provide all reasonable assistance to enable Cans on a String personnel or its supplier’s personnel, to investigate and, where applicable, repair faults. The assistance includes appropriate and timely access to Customer’s premises up to the NBP. Customer is liable for a call out charge if Customer fails to facilitate such access or keep the appointment for the access.

 

6.       SERVICE RELOCATION

If a Customer moves to another dwelling or location, Customer will pay a relocation fee and continues the contract if the Service is available at the new location. If the Service is not available, an early termination fee will apply for the Customer to cancel the Service.

 

7.       SERVICE INSTALLATION

i) Cans on a String will notify Customer of Service activation via email address provided by Customer on the service order form. If Cans on a String or its supplier's personnel are required to visit Customer premises to connect the Service, Customer must provide appropriate and timely access to Customer’s NBP. Customer is liable for a call out charge if Customer fails to facilitate such access or keep the appointment for the access.

ii) Customer is responsible for all cabling and wiring within Customer’s premises. Where cabling does not exist or Customer has a fault with the wiring in Customer’s premises, Customer must arrange for Customer’s own service contractor to rectify this. Cans on a String or its supplier only delivers the Service up to the NBP.

iii) Cans on a String does not provide hardware or software installation of the Service at Customer’s premises. Customer may either install itself or request assistance from professionals to complete the installation. Customer is responsible for any installation costs incurred.

 

8.       EQUIPMENT

Cans on a String will provide the Service to Customer with the Equipment supplied by Cans on a String. Customer may subscribe the Service with Customer’s own equipment (BYO). Cans on a String is under no obligation to provide the Service to Customer if customer does not purchase the Equipment from Cans on a String. Even though Customer may be able to purchase equipment on the market, the Equipment supplied by Cans on a String has been optimised and configured to work with the Cans on a String Service to deliver the best possible quality. Cans on a String will only provide technical support to the Equipment supplied by Cans on a String and is not responsible for equipment purchased by Customer from third parties. 

 

9.       USE OF SERVICE

i) Customer must not use or permit any use of the Service:

to transmit any defamatory, abusive, menacing, threatening, harassing or illegal material or any unsolicited material of an offensive, obscene or indecent nature or otherwise contrary to law or any applicable code of conduct;

in any manner which constitutes a violation or infringement of any duty or obligation on contract or tort or otherwise, to any third party; or

in, or in relation to, the commission of an offence against any applicable law.

ii) Customer must not use the Service to create, use or distribute tools designed for compromising the security of Cans on a String’s network or any communications over that network.

iii) Customer is responsible for all usage charges in respect of the use of the Services whether or not such usage was authorized by Customer. It is Customer’s responsibility to maintain the security of the means of access to the Service and ensure unauthorized use does not occur. 

 

10.     SERVICE SPEED

i) The Service speed is dependent on numerous factors, including the length, gauge and quality of the local wire that connects Customer premises to the exchange. As Cans on a String has no control over these external factors, Cans on a String does not guarantee to Customer that Customer will be able to obtain the maximum theoretical speed.

ii) For ADSL2+, a speed of 1.5Mb/s is considered as an acceptable standard and no investigation will be undertaken by Cans on a String if the speed of the Service reaches or exceeds 1.5Mb/s.

iii) Due to the complexity of issues involved, Cans on a String requires up to 30 working days to investigate Customer’s complaint that the speed of ADSL2+ Service is less than 1.5Mb/s. During the investigation period, Cans on a String will not change the Customer’s service status, e.g. suspension until the investigation has been completed and the results are known.

 

11.     DATA USAGE ALLOWANCE

i) Each Cans on a String service plan provides a maximum data usage that can be used during a billing month. At the start of each billing month, the data allowance is set to zero and all traffic is counted towards the monthly usage allowances as specified in the service plan. Any unused data allowances for any given billing month cannot be rolled over for use in subsequent billing months.

ii) Once the data allowances have been used up for the billing month, the excess data will be charged in accordance with Cans on a String pricing schedule.

 

12.     SERVICE CHARGES AND BILLING

i) Customer must pay the Service charges as selected by Customer in the service order form submitted by Customer. The relevant fees and charges are specified in the Cans on a String pricing schedule;

ii) The Service charge will start from the time the device is despatched by Cans on a String to Customer;

iii) Cans on a String will bill Customer for the charges of the Service in accordance with the billing cycle specified in the pricing schedule;

iv) Cans on a String will send an invoice to Customer electronically to the email address nominated by Customer. Cans on a String does not provide paper copy invoice.

v) If Customer has disputes with some charges, this does not affect Customer’s obligation to make payment in full by the due date. If the parties agree that the dispute is valid, Customer’s account will be credited the relevant amount.

 

13.     PAYMENT

Customer may pay the Service charges and Equipment by direct debit of Customer’s credit card or nominated bank account. Terms and conditions for Cans on a String direct debit apply. See detail in direct debit application form.

 

14.     TERMINATION AFTER SERVICE ACTIVATION

i) For Customer to notify Cans on a String of Service termination, Customer must be the holder of the Service;

ii) After expiration of the contracted term, Customer may terminate the Service by giving Cans on a String 30 day written notice;

iii) Customer may terminate the Service at any time prior to expiry of the contracted term by giving Cans on a String 30 days written notice, pay the termination fee and keep the Equipment.

iv) Cans on a String may without liability terminate the supply of the Service or part of the Service to Customer with immediate effect if

Customer defaults in the payment of any charges by the due date and fails to remedy such default within 7 days of written notice from Cans on a String;

Customer defaults in the performance or observance of any obligation under this Agreement and, in the case of a breach capable of remedy, Customer fails to correct that breach within 14 days of written notice from Cans on a String;

Cans on a String reasonably suspects fraud or misuse of the Service on Customer’s part;

v) On termination for any reason all charges and other amounts owing by Customer to Cans on a String shall become immediately due and payable;

vi) Although Cans on a String will endeavour to give Customer as much notice as reasonably practicable, Cans on a String may, without liability, suspend the Service immediately (including without notice):

if Cans on a String is required to comply with an order, instruction or request of a government agency, emergency services organisation or other Australian government authorities;

if Cans on a String is required to undertake emergency repair, maintenance or service of any part of the Cans on a String service facilities;

if it is reasonably required to reduce or prevent fraud or interference within the Cans on a String service facilities; or

As an alternative to the exercise of Cans on a String rights of termination under this Agreement.

vii) On termination the Customer’s right to use the Services ceases immediately.

viii) Termination will not affect any rights or liabilities that have already accrued to either party nor will it affect any provision which is expressly or by implication interned to operate after termination.

 

15.     LIABILITY LIMITATIONS

i) Customer agrees to defend, indemnify and hold harmless Cans on a String, its officers, directors, employees and agents who furnish Equipment and Service to Customer in connection with the supply of Service and quotation, from any and all claims, losses, damages, fines, penalties, costs and expenses, (including, without limitation reasonable attorney fees) by, or on behalf of Customer or any third party, or user of Customer’s service, relating to the Agreement, Equipment and Services. This paragraph shall survive the termination of the Agreement.

ii) In no circumstances shall Cans on a String be held liable for any consequential loss in respect to any late delivery and failure of any of the components of this Agreement including the Equipment and Services.

 

Cans on a String, April 2013

 

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