"Additional Charge" means JaziNET's charge, including GST, for monthly data transfer in excess of that ADSL Product's Data Allowance.
"ADSL" means asynchronous digital subscriber line.
"ADSL Conditions" means these terms and conditions.
"ADSL Product" means one of JaziNET's range of broadband ADSL products, the descriptions and features of each of which is posted at the URL http://www.jazi.net/index.php?id=broadband
"ADSL Product Charge" means JaziNET's charge, including GST, for providing the ADSL Services to you in accordance with the ADSL Product you have purchased, including any Special Features. The ADSL Product Charge excludes any Additional Charge or the telephone charges which are payable by you to your telecommunications carrier (eg Telstra).
"ADSL Services" means ADSL internet access through any JaziNET ADSL product via the Telstra Flexstream Network.
"Application Form" means the JaziNET application form available at the URL http://www.jazi.net/
"Cancellation Fee" means that to break from the contract there is a charge of $110.
"Contract Term" means the period of provision of the ADSL Services which you nominated when you completed the Application Form.
"Customer Premises" means the premises to which JaziNET supplies the Services.
"Customer Premises Equipment" (CPE) means any equipment owned by you located at the Customer Premises used to receive the Services, for example an ADSL router or an ADSL modem.
"Data Allowance" means the volume of monthly data transfer provided at no excess charge for an ADSL Product, as specified in the Application Form and the description and features of the Product posted at the URL: http://www.jazi.net/index.html?page=broadband
"General Conditions" means the JaziNET General Terms and Conditions which are posted at the URL http://www.jazi.net/
"Incompatible Product" means a product listed in the Telstra document named "Telstra Wholesale Broadband DSL Layer 3 Asymmetrical, DSL Layer 3 Symmetrical, DSL Layer 2 & DSL Layer 2 Data - Incompatible Products" available from Telstra upon request.
"Monitoring Service" means a service provided by an entity involving the Securitel service or any other monitoring service, which transmits information from you to that entity, who monitors that information on your behalf.
"Off-Peak Time" means 12:00AM to 7:59AM Western Standard Time.
"Paid Period" means the period of provision of the Services for which you have already paid at any point in time.
"Peak Time" means 8:00AM to 11:59PM Western Standard Time.
"Remote Areas" means areas with a population less than 200 or areas included in a Telstra extended charging zones.
"Rural Areas" means areas with a population between 200 and 10,000 but which are not within Telstra's extended charging zones.
"Standard Telephone Service" means an ordinary phone, fax or Securitel service provided over a telephone line supplied by Telstra or a Telstra reseller
"Telstra Equipment" means any equipment supplied by Telstra located at the Customer Premises used to enable provision of the ADSL Services, for example the ADSL wall socket.
"Urban Areas" means urban areas with a population of greater than 10,000.00
"WAIX" means the Western Australian Internet Exchange.
1. Your use of JaziNET ADSL Services is subject to these ADSL Conditions and the General Conditions.
2. Each of the ADSL Products is subject to both the General Conditions and the ADSL Conditions and, in the case of any inconsistency, the ADSL Conditions prevail.
3. JaziNET relies upon third parties and the Telstra Flexstream network to provide the ADSL Services to you. Therefore the standard JaziNET warranties and guarantees regarding uptime and useability do not apply.
4. Despite the involvement of these third parties, you must only contact JaziNET for support. If you contact the Telstra helpdesk directly you will incur a charge for doing so.
Provision of the Services
5. You acknowledge that:
a) You are only able to receive the ADSL Services if:
i - The Customer Premises are located in an area served by a Telstra Flexstream enabled exchange;
ii - The distance of the Customer Premises from the exchange and the quality of the telephone lines running to the Customer Premises satisfy the technical requirements of ADSL services;
iii - A Standard Telephone Service is connected to the Customer Premises;
b) JaziNET will be unable to provide the ADSL Services to you at the Customer Premises if the Standard Telephone Service is discontinued;
c) In some instances, additional CPE may have to be installed at the Customer Premises by JaziNET before JaziNET can provide the ADSL Services to you, particularly where the Standard Telephone Service supplies a Securitel service;
d) The installation of CPE and Telstra Equipment and the provision of the ADSL Services may cause temporary disruption of standard telephone services and any Monitoring Service to the Customer Premises;
e) The installation of equipment to enable provision of the ADSL Services, and the provision of the ADSL Services, may cause temporary disruption of any Monitoring Service to the Customer Premises
f) The installation of equipment to enable provision of the ADSL Services, and the provision of the ADSL Services, may mean that Incompatible Products can not be provided to the Customer Premises using the Standard Telephone Service;
g) If any Monitoring Service is provided to the Customer Premises you must inform the provider of that Monitoring Service of the matters referred to in ADSL Conditions 5(c) to 5(f) inclusive; and
h) JaziNET cannot provide the ADSL Services to the Customer Premises if Telstra, in its absolute discretion, refuses to provide access to the Telstra Flexstream Network from the Customer Premises;
Connection and Installation
6. You acknowledge that:
a) The standard lead time for connecting the Customer Premises to the Telstra Flexstream network is 5 working days;
b) Telstra does not guarantee that it will connect the Customer Premises within the standard lead time;
c) you are the end-user or an authorised representative of the end user of the Standard Telephone Service; and
d) If you are not the registered proprietor of the Customer Premises you have obtained the written consent of the registered proprietor for the CPE and the Telstra Equipment to be installed;
7. You must not interfere with the normal operation of the CPE or the Telstra Equipment to make either unsafe.
8. You must provide reasonable access to the Customer Premises by Telstra, JaziNET or each of its employees, sub-contractors or agents to:
a) inspect or test CPE or Telstra Equipment; or
b) install, maintain, or repair CPE or Telstra Equipment.
Charges and Payment
9. The Product Charge and any Additional Charge for all JaziNET ADSL Products:
a) must be paid completely in advance by the invoiced due date; or
b) will be direct debited by JaziNET pursuant to General Condition 28.
10. Only the incoming external traffic volume is used when calculating monthly Additional Charges on JaziNET ADSL plans which are not subject to rate-limiting.
11. JaziNET will calculate any Additional Charge at the rate of $0.055 per MB.
12. You must also pay the following additional charges:
a) $44.00 if you wish to change to an ADSL Product of a different speed;
b) Any charges levied by Telstra to assess the suitability of the Standard Telephone Service for the provision of the ADSL Services;
c) A charge of $110.00 if you contact the Telstra helpdesk regarding the ADSL Services.
d) A reconnection fee of $165 if you fail to make full payment for the service by the due date, entailing: $55 Termination fee plus $110 connection fee.
13. You must continue to pay to your telecommunications provider all charges associated with the provision of the Standard Telephone Service.
Response and Repair Times
14. You acknowledge that:
a) You must contact only JaziNET support in the event of a failure or suspected failure of the ADSL Services;
b) In the event of an ADSL Service outage due to a fault in the Telstra Flexstream Network, JaziNET relies upon Telstra to repair that fault;
c) The Telstra standard repair times, from the time that JaziNET informs Telstra of the failure are as follows:
i - in Urban Areas, 1 clear working day;
ii - in Rural Areas, 2 clear working days; and
iii - in Remote Areas, 3 clear working days.
d) Telstra does not guarantee that it will repair a failure within the standard repair times;
Use of the ADSL Services
15. When using the ADSL Services you must comply with any reasonable directions and instructions from JaziNET or Telstra to protect the efficiency and integrity of the JaziNET network or the Telstra network.
16. JaziNET reserves the right to restrict the speed at which data is supplied to any ADSL Product where necessary, at JaziNET's sole discretion, to ensure the efficient function of the JaziNET network.
17. If restricting data supply in accordance to clause 16, JaziNET will endeavour to, wherever practicable, only restrict data supply to those users who:
a) have exceeded their Peak Time Data Allowance where the data restrictions are applied during Peak Times; or
b) have exceeded an amount equivalent to their Peak Time Data Allowance where the data restrictions are applied during Off-Peak Times.
Suspension and Termination of the ADSL Services
18. General Condition 32 does not apply to provision of the ADSL Services.
19. You may close your Account by giving 30 days prior written notice to JaziNET, or payment in lieu of notice.
20. All JaziNET ADSL plans are subject to a $55 Termination fee, regardless of reason for cancellation.
21. You agree to indemnify and hold harmless JaziNET from and against all actions, suits, claims, demands, losses, damages and liabilities whatsoever in any way arising out of:
a) Damage to the Telstra Equipment;
b) Damage to the CPE or the Customer Premises caused by, or in the course of, the installation of CPE or the Telstra Equipment;
c) Suspension or termination of the ADSL Services due to discontinuance of the Standard Telephone Service;
d) Disruption of Standard Telephone Services and Monitoring Services to the Customer Premises caused by the installation of equipment to enable provision of the ADSL Services;
e) Disruption of Standard Telephone Services and Monitoring Services to the Customer Premises caused by the provision of the ADSL Services;
f) Disruption of the ADSL Services caused by the provision of any Monitoring Services;
g)Telstra's cancellation of, or refusal to provide, any Incompatible Product to you;
h) A breach by Telstra of any provision of the Telecommunications (Customer Service Guarantee) Standard; or
i) JaziNET's inability to provide the ADSL Services to you if Telstra, in its absolute discretion, refuses to provide access to the Telstra Flexstream Network from the Customer Premises.
j)Telstra's failure to connect the Customer Premises to the Telstra Flexstream network within the standard lead time of 5 days;
k) If you are not the registered proprietor of the Customer Premises, your failure to obtain the written consent of the registered proprietor for the CPE and the Telstra Equipment to be installed at the premises; or
l) Telstra's failure to repair any failure in the Telstra Flexstream network within the standard repair times referred to in ADSL Condition 14(c);
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