Privacy Policy

  Privacy Policy.doc

• Our Privacy Policy forms part of our Standard Form of Agreement, Master Services Agreement and other agreements that state the Privacy Policy applies. Definitions for the terms used in this Privacy Policy are contained in the Standard Form of Agreement, Master Service Agreement, and other agreements as applicable.We only collect Personal Information where it is necessary to perform our functions and activities and provide the Services to you. We will only disclose your personal information as set out in this policy.

1. We may, in our discretion, retain and access any data or information concerning your use of the Services.
2. Where we hold information that you lodge with us (for transmission or hosting) we will make back-up copies of your information. However, we do not guarantee successful restoration of your information lodged on our servers in the event of loss of that information (e.g., due to a catastrophic hardware failure). It is your responsibility to ensure that you keep back-up copies of all information that you lodge with us.
3. We will not disclose personal information or any other information or data held by us about you to a third party unless:
   • we have reason to suspect that unlawful activity has been, is being or may be engaged in, and we disclose this information as a necessary part of our investigation of the matter or in reporting our concerns to relevant persons or authorities;
   • we are required or specifically permitted by or under law to provide this information to an authority or person that is duly authorised to request it;
   • a court order compels us to disclose this information to a specified recipient; or
   • we are otherwise required or specifically permitted by law to disclose this information (including disclosure permitted under the Privacy Act 1988). Such disclosure includes any disclosure necessary to provide the Services to you (e.g., disclosure to our suppliers).
4. You expressly consent to us:
   • using any data or information that you provide to us in connection with provision of the Services:
     1. to provide you with information about other goods and services offered by us or our related companies, about us and/or about any other topic that we consider would be of interest to you based on the Services we currently provide to you, unless you let us know in writing that you do not wish to receive such information;
     2. to contact you about any matter in connection with the Services or the provision of the Services; and

• for any other purpose related to the provision of the Services (e.g., billing and account management; business planning and product development; to verify your identity); and

• disclosing any data or information that you provide to us in connection with provision of the Services to:
  1. our suppliers;
  2. other service providers, or specialist advisers who provide us with administrative, financial, research or other services; and

• insurers, credit providers, credit reporting or references agencies or insurance investigators, to the extent it is necessary to enable the Services to be provisioned to you.

5. We will not use or disclose your credit report or any personal information derived from that report unless we are required or specifically permitted to do so under the Privacy Act 1988, Privacy Regulation 2013 and the Privacy (Credit Reporting) Code 2014.
6. You acknowledge that we must cooperate with the lawful requests of members of the police force or any other person duly authorised to investigate breaches of the law, and that we may disclose any information held by us in relation to your Services to such authorities if required to do so.
7. You may by written request to us access to the personal information we hold about you, and we will grant you access unless we are required or permitted to refuse such a request. We may charge a reasonable fee for such access in accordance with the Privacy Act 1988. You may request ask that personal information we hold about you be corrected if you consider it is not accurate.
8. We draw your attention to the ACIF Calling Number Display Code of Practice, which can be accessed at http://www.acma.gov.au/theACMA/calling-number-display-acif-522-2007, in particular:
   • this code requires carriage service providers to inform their customers on an ongoing basis about Caller Line Identification, Calling Number Display and Calling Name Display (both CND) and how customers can utilise CND Blocking features of their standard telephone service; and
   • we receive CLI information in most cases, which means we know the phone number you call us from when you make a modem or ISDN call to connect to the Internet even if you have a silent number or use ‘per call blocking’.

Financial Hardship Policy

  Financial Hardship Policy.doc

• The Telecommunications Consumer Protections Code defines Financial Hardship as a situation where a customer is unable to discharge their financial obligations in relation to the supply of services due to a reasonable cause but where the customer expects to be able to do so if payment arrangements are changed.
  Are you experiencing Financial Hardship?
  This policy may apply when you tell us you are experiencing Financial Hardship, or when we consider you may be eligible for our policy. In order for us to assess whether you are eligible for this Financial Hardship Policy, we may ask you to provide us with certain documents with details of your financial situation, such as your income details, a report from a financial counsellor, a bank, or Centrelink. We may be unable to assess your eligibility for this policy if you do not provide us will sufficient documentation of your circumstances.
  To assess your situation we will use your documents together with any other information available to us. Once we have received all required documentation, will inform you within 7 working days whether you are eligible for assistance under our Financial Hardship Policy.
  Once we have assessed your situation, we may at our discretion agree to a temporary financial arrangement that is different to your regular payment terms. With any agreed financial arrangement for Financial Hardship, your repayments should be sufficient to cover your expected future use of the service while providing continuing reduction of your current debt at a reasonable level so that you are not be going into further debt under the arrangement.
  Once we come to an agreement on a temporary financial arrangement we will confirm this agreement in writing via letter or email.
  We will not charge you for assessing your circumstances or administering any temporary financial arrangement.
  You must let us know if your circumstances change during our arrangement. Please be aware that if you provide false or incomplete information we may cancel any hardship arrangements.
  Other ways to find help
  You can talk to a phone financial counsellor from anywhere in Australia by ringing 1800 007 007 (minimum opening hours are 9.30 am – 4.30 pm Monday to Friday). This number will automatically switch through to the service in the State or Territory closest to you.
  Alternatively, you can find the financial counselling service nearest to you by visiting http://www.financialcounsellingaustralia.org.au/Corporate/Find-a-Counsellor.
  You may ask us to deal with a Financial Counsellor on your behalf. In order for us to speak to your Financial Counsellor you must be present, or we must have your prior authority. Please contact us for further information.
  Contacting us
  Please contact us as soon as possible if you are experiencing any difficulties paying for your services. You can call 1300 693 099 between 9am to 5pm Weekdays if you would like to discuss any Financial Hardship matters with us.

Acceptable Usage Policy

  Acceptable Usage Policy.doc

• INTRODUCTIONOur Acceptable Use Policy (Policy) forms part of our Standard Form of Agreement or Master Services Agreement (as applicable). Definitions for the terms used in this Policy are contained in the Standard Form of Agreement or Master Service Agreement (as applicable). This Policy sets out the rules that apply to your use of our broadband Internet services (Services), including your responsibilities, and permitted and prohibited uses of those services. Your obligation to comply with this Policy includes the obligation to ensure any person who you allow to use your Service also complies with this Policy.Failure to comply with this Policy (including by any person who you allow to use your Service) may lead to the suspension or termination of your Service.YOUR OBLIGATIONSPROHIBITED USE
  1. You must not access, or permit any other party to access, the Services for any purpose or activity of an illegal, fraudulent or defamatory nature or any other nature contrary to statute.
  2. You must not use the Services to make available any material that is illegal, including but not limited to material that is classified or would be classified as RC or X under the National Classification Code (May 2005), nor will you use the Services to provide unrestricted access to material that is unsuitable for minors.
  3. You will not act through the Services, or use the Services, to block or disrupt access by other users, service providers or third parties, or their computers, software or hardware. Such actions include, but are not limited to, attempting to gain unauthorised access to another computer system, unauthorised copying, monitoring, modification or destruction of information held on another computer system, unauthorised copying or dissemination of material protected by copyright or propagating computer viruses, worms and other types of malicious programs, probing, scanning or testing the vulnerability of a system or network, breaching any security or authentication measures for a system or network, accessing the account or private information of any other user, accessing any server in violation of any acceptable use policy of that server, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to “crash” a host.
  4. You must not use the Services to transmit or display (nor permit any other party to use the Services to transmit or display) threatening, obscene, offensive or abusive materials, or engage in any form of harassment when using the Services (or when allowing any other party to use the Services).
  5. The Services must not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you.
  6. You will not reproduce, distribute, transmit, publish, copy, transfer or commercially exploit any information or material of any kind (including but not limited to information or material accessed through or received from the Services) that infringes any copyright, patent, trade mark, design or other intellectual property right or, in our reasonable opinion, is likely to mislead or deceive any person accessing the relevant information or material.
  7. You must respect the privacy of others when accessing and using the Services.
  8. You must, in accessing and using the Services, only use software that you are legally entitled to use and such use must not infringe any third party intellectual property rights.
  9. You must not use the Services for pyramid or other illegal soliciting schemes.
  10. You must not use the Services for any fraudulent activities, including impersonating any person or entity or forging a signature.
  11. You must not use, attempt to use or distribute tools designed for compromising security (eg., password guessing programs; cracking tools; packet sniffers; network probing tools).
  SPAM In this Policy, Spam includes one or more unsolicited commercial electronic messages to which the Spam Act 2003 (Cth) applies, and derivations of the word Spam have corresponding meanings.
  1. Codes of Practice: The Internet Industry Codes of Practice registered with the Australian Communications and Media Authority (“ACMA”) set out how internet service providers and email service providers must address the sources of Spam within their own networks. The Internet Industry Codes of Practice also require internet service providers and email service providers to give end-users information about how to deal with Spam, and informed choice about their filtering options.
  2. Reducing Spam: You can reduce the amount of Spam you receive if you:
     • do not open emails from dubious sources;
     • do not reply to Spam or click on links, including ‘unsubscribe’ facilities, in Spam;
     • do not accept Spam-advertised offers;
     • block incoming mail from known Spammers;
     • do not post your email address on publicly available sites or directories. If you must do so, look for options, such as tick boxes, that allow you to opt out of receiving further offers or information;
     • do not disclose your personal information to any online organisation unless they agree (in their terms and conditions or privacy policy) not to pass your information on to other parties;
     • use separate email addresses for different purposes, such as a personal email address for friends and family and a business email address for work;
     • install a Spam filter on your computer to filter or block Spam. We strongly recommend that you install a Spam filter on your computer, even if you receive a Spam filtering service from us. Information on the availability of anti-Spam software for end-users is available at http://www.commsalliance.com.au/Activities/ispi;
     • report any Spam you receive to us or ACMA.
  Please visit the ACMA website www.acma.gov.au for more information on ways to reduce the volume of Spam you receive, including how to reduce Spam if you operate a website; and avoid becoming an accidental Spammer.
  3. Loss of Legitimate Email: Filtering services can reduce the amount of Spam you receive but they will not eliminate all Spam and there is a risk that legitimate email might occasionally be incorrectly classified as Spam and therefore lost. You agree that we are not liable for any such lost emails.
  4. Your Spam obligations: You agree that you will use your Service in compliance with the Spam Act 2003 and will not engage in practices which would result in a breach of the Act. You agree that you will not use, attempt to use or allow your Service to be used to:
     • send, allow to be sent, or assist in the sending of Spam;
     • use or distribute any software designed to harvest email addresses;
     • host any device or service that allows email to be sent between third parties not under your authority or control; or
     • otherwise breach the Spam Act 2003 or its regulations.
  5. You agree to use your reasonable best endeavours to secure any device or network within your control against being used in Spamming by third parties, including where appropriate:
     • the installation and maintenance of antivirus software;
     • the installation and maintenance of firewall software; and
     • the application of operating system and application software patches and updates.
  We may scan any IP address ranges allocated to you for your use with your Service to detect the presence of open or otherwise misconfigured mail and proxy servers. If we detect open or misconfigured mail or proxy servers we may suspend or terminate your Service. The circumstances in which we may do so are set out in the section Suspension and Termination. EXCESSIVE USE
  1. You must use your Service in accordance with any download or capacity limits stated in the specific plan that you subscribe to for the use of that Service.
  2. We may limit, suspend or terminate your Service if you unreasonably exceed such limits or excessively use the capacity or resources of our Network in a manner which may hinder or prevent us from providing services to other customers or which may pose a threat to the integrity of our Network or systems.
  3. If your upload data is two times that of your download we may limit, suspend or terminate your Service.
  SECURITY
  1. You are responsible for maintaining the security of your Service, including protection of account details, passwords and protection against unauthorized usage of your Service by a third party.
  2. We recommend that you take appropriate security measures such as installation of a firewall and use up to date anti-virus software.
  3. You are responsible for all charges incurred by other persons who you allow to use your Service, including anyone to whom you have disclosed your password and account details.
  COPYRIGHT
  1. You must not infringe the intellectual property rights of any person in relation to any material that you access or download from the Internet and copy, store, send or distribute using your Service.
  2. You must not use your Service to copy, adapt, reproduce, distribute or otherwise make available to other persons any content or material (including but not limited to music files in any format) that is subject to copyright or do any other acts in relation to such copyright material which would infringe the exclusive rights of the copyright owner under the Copyright Act 1968 (Cth) or any other applicable laws.
  3. You acknowledge and agree that we have the right to immediately suspend hosting and may remove from our Network or systems any content upon receiving a complaint or allegation that the material infringes copyright or any other intellectual property rights of any person.
  CONTENT
  1. You are responsible for determining the content and information you choose to access on the Internet when using your Service. You must take all reasonable steps to prevent access to offensive or obscene content on the Internet by children or minors who you allow to use your Service. You can obtain further information on content filtering products at http://www.commsalliance.com.au/Activities/ispi
  2. You must not use or attempt to use your Service to make inappropriate contact with children or minors.
  3. You are responsible for any content you store, send or distribute on or via our Network and systems including, but not limited to, content you place or post on web pages, email, chat or discussion forums, bulletin boards, instant messaging, SMS and Usenet news.
  4. You must not use such services to send or distribute any content that is prohibited, deemed obscene or offensive or otherwise unlawful under any applicable Commonwealth, State or Territory law. Failure to comply with these requirements may lead to immediate suspension or termination of your Service without notice.
  5. If we have reason to believe you have used your Service to access child pornography or child abuse material, we are required by law to refer the matter to the Australian Federal Police.
  REGULARTORY AUTHORITIES
  1. You must label or clearly identify any content you generally make available using your Internet Service in accordance with the applicable National Classification Code, classification guidelines or any industry code that applies to your use or distribution of that content.
  2. You must not hinder or prevent us from taking all steps necessary to comply with any direction from ACMA or any other law enforcement or security agency. We reserve the right to limit, suspend or terminate your Service if there are reasonable grounds for suspecting that you are engaging in illegal conduct or where use of your Service is subject to any investigation by law enforcement or regulatory authorities.
  3. Commonwealth legislation allows ACMA to direct us to remove from our Network and servers any content which is classified, or likely to be classified, as prohibited content. We also cooperate fully with law enforcement and security agencies, including in relation to court orders for the interception or monitoring of our Network and systems. We may take these steps at any time without notice to you.
  OUR RIGHTS
  1. We reserve the right to suspend your Service if you are in breach of this Policy. We will first take reasonable steps to contact you and give you the opportunity to rectify the breach within a reasonable period. What is reasonable will depend on the severity of the problems being caused by the breach (for example, if you commit a serious or continuing breach, it may be reasonable to immediately suspend your Internet Service without notice to you).
  2. If we notify you of a breach of your Spam obligations, we will, at your request and to the extent we are reasonably able, supply you with information as to the nature of open relays and suggested resolutions to assist you to comply with your Spam obligations. Our right to suspend your Service applies whether the breach is committed intentionally, through misconfiguration, or by other means not authorised by you including but not limited to through a Trojan horse or virus.
  3. If your Service is suspended and the grounds upon which it was suspended are not corrected by you within seven days, we may terminate your Service.
  4. We reserve the right to remove any information or materials, in whole or in part, that we, in our sole discretion, deem to be offensive, obscene, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.
  5. We are under no obligation to monitor transmissions or published content on the Services. However, we or our agents have the right to monitor such transmissions or published content from time to time.
  6. We may vary this Policy from time to time by giving you notice by email to the email address notified by you or otherwise in accordance with the notice provisions of your service agreement with us. Your continued use of your Internet Service after such notice will constitute acceptance of the variation.

Appointing an Authorised Representative

  Appointment of Authorised Representative.doc

• As an account holder, you may want a family member, friend or associate to deal with us on your behalf as your authorised representative. Please complete the form below to add an authorised representative.
  When you appoint an authorised representative you give that person the authority to deal with us on your behalf as your agent. You can specify limits on your authorised representative’s rights, but unless you do specify limits your authorised representative will have full power to act and access information as if they were you. This includes making complaints, changing account details or terminating a contract. Please be aware that as the account holder you retain full responsibility for the account and you are responsible for the actions of your authorised representative.

DOWNLOAD THE FORM:   Appointment of Authorised Representative.doc

Customer Service Guarantee

  Customer Service Guarantee.doc

• We are committed to upholding the Telecommunications (Customer Service Guarantee) Standard 2011 (CSG Standard) issued by the Australian Communications and Media Authority.

We promise to meet connection, fault repairs and appointment timeframes as set out in the CSG Standard, and to provide financial compensation to our customers if they are not met. What is covered The CSG Standard covers fixed telephone services: the Standard Telephone Service and 5 specified Enhanced Call Handling Features (Call Waiting; Call Forwarding; Call Barring/Control; Calling Number Display; Calling Number Display Blocking). The CSG Standard applies to residential and small business customers with 5 or less Standard Telephone Services. It does not apply to carriers or carriage service providers. The CSG Standard applies to:

• connections;
• fault repairs and service difficulties; and
• appointments associated with these activities.

For connections, all Standard Telephone Services are eligible regardless of what is connected to the service (e.g., internet or fax). For repairs, only voice telephony faults are covered. Non-voice faults (e.g, internet access or fax faults) are not covered. Connections The company will provide the following maximum connection periods consistent with the CSG Standard

Service location	In-place connection*	New connection with infrastructure or spare capacity*	New connection without infrastructure or spare capacity*
Urban (population 10,000+ people or more)	Within 2 working days after request	Within 5 working days after request	Within 20 working days after request
Major Rural (population 2,500+ but less than 10,000)	Within 2 working days after request	Within 10 working days after request	Within 20 working days after request
Minor Rural (population greater than 200 up to 2,500)	Within 2 working days after request	Within 10 working days after request	Within 20 working days after request
Remote (up to 200 people)	Within 2 working days after request	Within 15 working days after request	Within 20 working days after request

*If we agree to connect in less time than outlined in the above table, the reduced period becomes the connection time. Faults The following timeframes apply to repairs of faults and service difficulties (as defined in the CSG Standard) for the Standard Telephone Service and the 5 Enhanced Call Handling Features we provide:

Service location	Repair time (after customer reports the fault)
Urban	End of 1 working day after report*
Major/Minor Rural	End of 2 working days after report
Remote	End of 3 working days after report

* The repair time ‘End of 1 working day after report’ applies to all locations where a disconnection occurs due to administrative error by us, or if the fault can be rectified without us attending customer premises or undertaking internal or external plant work. Fault reports made after 5pm on a working day or at any time on a public holiday or weekend are deemed to have been made on the following working day under the CSG Standard. Appointments We will make an appointment at a convenient time for you to connect or repair your Standard Telephone Service and specified Enhanced Call Handling Features. The appointment time or location may be changed by either you or us with at least 24-hours’ notice or by agreement. If we fail to keep an agreed appointment you may be entitled to receive a payment under the CSG Standard and a new appointment may have to be arranged. The CSG Standard states that we will be taken to have attended an appointment unless we have missed the appointment by more than the allowable time:

Service location	Appointment period	Allowable time after the end of the appointment period
All locations	Less than or equal to 4 hours	15 minutes
All locations (where we do not need to travel a long distance to keep the appointment)	Greater than 4 hours and less than or equal to 5 hours	None
Minor Rural and Remote (where we must travel a long distance to keep the appointment)	Greater than 4 hours and less than or equal to 5 hours	45 minutes

Compensation If we are liable to make a CSG payment to you for a connection, repair, or appointment liability incurred on or after 31 October 2006, a CSG payment will automatically be credited to your account in accordance with the CSG Standard:

Customer	Services delayed	Compensation for first 5 working days (per working day)	Compensation after first 5 working days (per additional working day)
Residential/ Charity	Connection or repair of the Standard Telephone Service	$14.52	$48.40
	Connection or repair of 1 Enhanced Call Handling Feature to an existing CSG service	$7.26	$24.20
	Connection or repair of 2 or more Enhanced Call Handling Features to an existing service	$14.52	$48.40
	Not keeping an appointment on a day that is not a day you are entitled to receive a CSG payment for any of the above	$14.52 for each missed appointment
Business	Connection or repair of the Standard Telephone Service	$24.20	$48.40
	Connection or repair of 1 Enhanced Call Handling Feature to an existing service	$12.10	$24.20
	Connection or repair of 2 or more Enhanced Call Handling Features to an existing service	$24.20	$48.40
	Not keeping an appointment on a day that is not a day you are entitled to receive a CSG payment for any of the above	$24.20 for each missed appointment

Note: The maximum CSG payment amount is $25,000. GST does not apply to CSG payments. Exemptions The CSG Standard does not apply in some situations including:

• Where delays are due to circumstances outside our control such as natural disasters or extreme weather conditions including large hail, heavy rainfall, flash flooding, hazardous winds, lightening, blizzards, tornadoes, large waves and storm tides.
• Where you accept our offer of an interim or alternative phone service or you refuse a reasonable offer of an interim or an alternative service.
• Where you have agreed to waive your right to CSG Standard eligibility under the CSG Standard.
• Where Enhanced Call Handling Features are not available due to existing network limitations.
• Where it is necessary to withdraw the Service(s) in order to maintain or upgrade a facility or network and we have given reasonable notice.
• If you fail to keep an appointment with us without giving us at least 24 hours’ notice.
• If you have unreasonably withheld agreement to an appointment offered by us or unreasonably refused us access to your Premises.

Important – For our VoIP based service we will require you to waive the CSG Standard as our charges are typically cheaper than our competitors that may include the CSG Standard. Please call our Customer Service Team for further information. Making a claim If you believe that a breach of the CSG Standard has occurred and we have not credited a CSG payment for that breach, you may contact our Customer Service Team to enquire about making a claim. If you are not satisfied with any of our explanations, you may make a complaint using our complaint process. We will aim to resolve your complaint. If we can’t resolve your complaint to your satisfaction, you can contact the Telecommunications Industry Ombudsman by phone on 1800 062 058. For full contact information, visit: tio.com.au/about-us/contact-us

Customer Complaints Policy

  Customer Complaints Policy.doc

• We are dedicated to providing excellent customer service. Our complaints handling process aims to ensure all complaints are handled fairly and effectively.We will:

• provide a quick, fair and structured mechanism for handling customer complaints
• keep customers informed about the progress of their complaint and the expected timeframe for resolution
• inform customers about their options for external dispute resolution (eg, the Telecommunications Industry Ombudsman)
• regularly review our complaints handling process to improve our standard of customer service

How to make a complaint Please call our customer service on [insert phone number] between [insert hours of operation] to discuss your complaint as soon as possible. You can also make a complaint by using any of the contact methods on our website. You can choose to have an authorised representative or advocate to make a complaint on your behalf. For help on how to appoint an authorised representative, please visit [INSERT HYPERLINK]. Free of charge Making a complaint is generally free. We may only charge you a fee in specific circumstances and we will not impose a fee without discussing this with you. We may charge you a fee where your complaint requires us to retrieve archived records that are more than 2 years’ old, or where you ask us for information that is not free under our Standard Form of Contract or Critical Information Summary. You can choose not to pay the fee and discontinue your complaint. If we resolve your complaint in your favour we will refund you the full amount of any fees charged within 30 days. What happens next Upon receiving your complaint, we will confirm that we are investigating your complaint by telephone or writing within 2 working days. [We will give you a reference number or similar to allow you to easily follow up on your complaint]. If your complaint is urgent, such as if you are undergoing financial hardship under our Financial Hardship Policy, if your service is about to be disconnected, or if you are receiving Priority Assistance for the service (eg, for medical reasons), we will prioritise your complaint and aim to resolve it within 2 working days. If we cannot, we will explain the reasons why it is taking longer to you. If we cannot resolve your complaint immediately, we may need to investigate it. We will keep you informed of the progress of your complaint, proposed actions, and the expected timeframe for resolution. We will generally investigate and resolve your matter within 15 working days. Complex complaints may take longer than 15 working days to resolve. In this case, we will keep you updated on the reason for the delay and likely timeframe for resolution. In the event that the anticipated delay is longer than a further 10 working days and is not the result of a declared mass service disruption, we will advise you of your options for external dispute resolution including the Telecommunications Industry Ombudsman. We will always advise you of the outcome of your complaint. [Where we need to fix your problem, we will agree with you on how this will be done]. Where you have requested us to do so, we will advise you in writing. If you are unhappy with our complaints handling process If you are not satisfied with our response to your complaint, you may ask us to escalate your complaint to our senior management team. We will also inform you about external dispute resolution options, for example the Telecommunications Industry Ombudsman. Telecommunications Industry Ombudsman We encourage you to contact us first if you are unhappy with your services from us. Alternatively, the Telecommunications Industry Ombudsman (TIO) provides a free dispute resolution scheme for residential and small business telecommunication consumers. You can contact the TlO by: Phone: 1 800 062 058 Fax: 1 800 630 614 Online: http://www.tio.com.au/making-a-complaint

Fair Use Policy

  Fair Use Policy.doc

Introduction
1. Our Fair Use Policy forms part of our Standard Form of Agreement and other agreements for services (Services) that state the Fair Use Policy applies.
2. Our Fair Use Policy is intended to ensure the availability of our Services to all eligible customers and that the Services are not used in an unreasonable manner.
3. Definitions for the terms used in our Fair Use Policy have the meanings given to them in our agreement with you.

Unreasonable Use

You must not use or try to use the Services:

• for any illegal or fraudulent purpose;
• to endanger a person or damage property;
• to commit an offence;
• to communicate, transmit or distribute any computer worms, trojans, viruses, or other similar programs;
• to communicate, transmit or publish any harassing, abusive, menacing, defamatory or illegal material;
• to send unsolicited electronic message(s) or do anything else in breach of the Spam Act 2003;
• to reproduce, download, distribute, transmit, publish, store, copy or exploit any material in any way which infringes copyright, patent, trade mark, design or other intellectual property rights;
• to access, store, copy, distribute or publish any content in contravention of applicable law or regulation;
• to provide or permit unrestricted access to content contrary to relevant classification rules;
• to hack or gain unauthorised access to or control of, or to conduct unauthorised monitoring of, any equipment, system, network, accounts or private or confidential information of others;
• to do anything which might compromise the security or safety of, or which might damage, interrupt or interfere with the operation of the Service, or the networks used to supply the Service; or
• to violate a law or cause us to violate a law.

The following is a non-exhaustive list of practices that would not be considered Fair Use:

• Using subscriptions for telemarketing or call centre operations;
• Re-selling subscription minutes;
• Sharing subscriptions between users whether via a call centre, computer or any other means;
• Unusual calling patterns inconsistent with normal, individual subscription use, for example, regular calls of short duration or calls to multiple numbers in a short period of time.

Your Obligations

1. You must comply with this Fair Use Policy. You must also ensure all other persons who use your Services comply with this Fair Use Policy.
2. You are responsible for all use of your Services and compliance with our Fair Use Policy, whether or not you authorise the use of the Services. You must take all reasonable steps to secure any equipment you use in connection with the Services to avoid unauthorised access or use. You must keep all passwords and account details associated with the Services confidential. You must contact us if you reasonably suspect unauthorised use of your Services.
3. You must keep all equipment, operating systems and software used in connection with the Services up to date. You must secure and back-up (as required) any data stored on equipment that you use in connection with your Services. We are not liable for any misuse, loss or corruption of your data.
4. You must comply with our reasonable directions, and directions or rules of our suppliers and any government or regulatory body in relation to use of the Services. You must pay any third party fees or charges related to content or services from all access via the Services.
5. You are responsible for all content you publish via the Services. You are responsible for all risks associated with your use of the Services including downloading, accessing, viewing, using, transmitting, publishing or communicating material; making purchases; and transmitting personal or confidential information.
6. You must take reasonable steps to prevent minors from accessing content that may be inappropriate for them.

Our rights

1. By using the Services to reproduce, publish, display, transmit or distribute content, you authorise us and our agents to reproduce, publish, display, transmit and distribute the content as necessary for us to supply the Service.
2. We do not supervise, control or authorise access, use, receipt or transmission of material via the Services. We are not responsible for the content, nature or form of that material.
3. We do not supervise or control whether material sent or received via the Services is sent or received correctly or if it is corrupted or intercepted.
4. We will not be liable for any loss, cost, damage, expense or liability related to your use, or use by other persons, of the Services in breach of this Fair Use Policy.
5. We may, without liability, suspend or cancel your Services without notice if we reasonably consider that you, or other persons, have, or are likely, to breach this policy. We may also take any of these steps if directed to do so by a regulatory or other law enforcement body, or where any of our suppliers, acting reasonably, inform us of a breach or likely breach of this Fair Use Policy. We may suspend or cancel your Service whether or not the breach, or likely breach, is intentional or authorised by you.
6. We may, without liability, block access to, remove, or refuse to post any content that we consider is offensive, indecent, or otherwise inappropriate regardless of whether the content or its publication is unlawful.
7. We may, without liability, implement traffic management measures to ensure that any heavy users do not affect the Services for other customers on the network, including but not limited to speed management (shaping) or bandwidth allocation management and call barring.
8. We reserve the right to review and subsequently terminate the all-inclusive call bundles’ packages if suspected that the individual use seems excessive.
9. We reserve the right to vary the terms of this Fair Use Policy from time to time. Changes will be published to our website. Continued use of the Services after the changes take effect will constitute acceptance of these changes.