ADSL/ADSL2+ Terms and Conditions

Service Description and Terms – Standalone Broadband

Contained within this document are the Terms and Conditions as well as descriptions applicable to the ADSL/ADSL2+ Broadband Internet Services supplied by QCS Group.

QCS Group Subscriber Agreement (http://www.qcsgroup.com.au/subscriber-agreement/) apply to these services.

    1. The Service
      1. ADSL and ADSL2+ are both high speed, broadband internet access services which operate on a copper telephone line. These services allow for the simultaneous usage of both telephony and internet services.
      2. Both services utilise a single channel to deliver both outgoing and incoming data.
      3. ADSL services have a theoretical speed of up to 8Mbps (8 Megabits per second) download and up to 384Kbps (384 Kilobits per second) upload.
      4. ADSL2+ services have a theoretical speed of up to 24Mbps (24 Megabits per second) download and up to 1Mbps (1 Megabit per second) upload.
      5. Customers on ADSL2+ plans who are located more than 3Kms (cable distance) away from the exchange and/or with poor quality telephone lines may be limited to ADSL2 (G992.3) or ADSL1 (G992.1) modulation for stability purposes due to technical limitations of Telstra infrastructure.
      6. ADSL/ADSL2+ availability is highly dependent on the technology used to deliver the copper pair at the premises.
        Factors which may prevent the provisioning of these services are but not limited to:
        1. RIMs
        2. Sub Exchanges
        3. Pair Gain Systems
        4. Incompatibility with the carrier’s network.
        5. Port availablity
        6. For ADSL/ADSL2+ to be delivered, the following conditions must be met:
        7. A DSL essential copper line must exist at the premises where these services are intending to be provisioned.
        8. The premises must be in an area covered by QCS Group’s upstream provider’s ADSL2+ network.
      7. QCS Group does not guarantee the provision of these services to every applicant.
      8. Some services offered by third party carriers, such as PABX systems and certain fax services may be incompatible with the ADSL service and may not be available to you after connection of the ADSL Service.
      9. Your ADSL/ADSL2+ service may not be resold or on-sold and you must ensure that it is not made available to ISP’s, Internet Cafes or Web Hosting Companies.
      10. We provide support for the following:
        1. ADSL installations on the routers and modems purchased from us
        2. Disconnections
        3. Browsing issues
        4. Email issues such as sending and receiving are only supported if the Email Address is hosted by QCS Group.

        Support outside of the above mentioned will incur charges at QCS Group’s standard labour rates unless otherwise specified by the technician providing the support.

      11. You (the customer) agree that an ADSL/ADSL2+ connection can only be used at one physical site and/or with one Network system operation at this site. It does not include the right to use the connection for multiple sites.
      12. The upstream supplier of QCS Group’s ADSL/ADSL2+ services controls elements of the services and stipulates that it will not accept a fault unless any speeds obtained by the customer are worse than the acceptable speeds listed below:

 

ADSL Line Transmission RateAcceptable Speed (downstream/upstream)
1.5Mbps/256Kbps880Kbps/136Kbps
Up to 8Mbps/384Kbps880kbps/136Kbps
Up to 24Mbps/1Mbps900Kbps/150Kbps

 

    1. Service Faults
      1. ADSL/ADSL2+ services are not fault free. QCS Group cannot guarantee uninterrupted service, or the speed , performance or quality of the service. There are many factors outside of our control which affect ADSL/ADSL2+ services. Some of these affecting factors are but not limited to:
        1. Performance of third party suppliers and equipment
        2. Force Majeure events
        3. Performance of your telephone service

        QCS Group accept no liability for interruptions to your ADSL/ADSL2+ service or for any resulting damage or loss suffered by you or any third party.

      2. QCS Group is responsible for delivering the service to the demarcation point at your premises. Cabling and internal wiring of the premises are the responsibility of the customer. Where cabling does not exist or you have a fault with the wiring in your premises, you may contract QCS Group to rectify this for you at a cost.
      3. 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.
      4. You must direct all queries regarding faults/outages of the service to our technical support team by contacting 1300 858 723. 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.

v) If a fault logged with our upstream provider is determined, within reasonable grounds, to be outside of our upstream providers’ infrastructure,( for example: faulty socket, modem, internal wiring) and an Incorrect Callout fee is charged, this charge will be passed on to you.

    1. Installation of ADSL
      1. You must nominate an existing standard telephone service for delivery of the ADSL/ADSL2+ service and you will remain responsible for all costs of the telephone service to your telephone carrier. You warrant that you are the legal renter of the telephone line or authorised by the legal renter to consent to the installation of the service.
      2. For ADSL/ADSL2+ to be installed, your nominated telephone line must support the service. Provisional checks to confirm the telephone line can support ADSL/ADSL2+ are carried out on application, but this does not guarantee the service can be successfully installed. There may be a minor disruption to the nominated standard telephone service during installation.
      3. Provisioning may be rejected or delayed by Telstra due to, 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.
    1. Equipment
      1. You must ensure that you have ACMA compliant, compatible, working equipment installed to access and use your ADSL/ADSL2+ service including, but not limited to: Modem/router, filters, wireless cards and cabling. We can provide you the necessary equipment upon request. We will quote you on the cost of provisioning these equipment before we send the equipment out to you.
      2. If we have agreed to supply you with a piece of equipment, we reserve the right to supply an alternative model or brand of modem/router, of similar quality and technical specification to the one quoted.
      3. We provide technical support for modems not supplied by us at a cost to you.
      4. Every telephonic device connected to the same telephone line as the ADSL/ADSL2+ service will need to have a suitable filter installed to prevent interference between the device and the broadband service.
      5. One standard filter for a standard telephone handset comes with every modem/router supplied by QCS Group. A stronger central filter will be required for every cordless telephone handset and for every fax machine on the same phone line as the ADSL/ADSL2+ service.
      6. A central splitter must be installed on the service phone line, if you have the following:
        1. A monitored “back to base” security system which operates via the same phone line as the broadband service.
        2. More than 3 telephony devices connected to your broadband phone line.
        3. A mode 3 phone socket connected to your broadband phone line.
      7. Installation of any required central splitter hardware is at your expense. You will need to contact an Austel approved technician or Telstra to install the central splitter. Alternatively, we can install the central splitter for you at a cost.
      8. We will only deliver ordered equipment to the contact address supplied by you in your application for service.
      9. 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.
    1. Equipment Support
      1. Support, maintenance and/or consulting in respect of your equipment are not provided as part of the service unless otherwise specified. You are responsible for any expenses relating to cabling, configuration and/or modifications to your equipment.
    1. Equipment Special Offers
      1. “Equipment Special Offers” refers to free or discounted equipment (such as modems/routers) offered by us.
      2. You may redeem only one item of equipment which is part of a quote or contract offered to you by QCS Group.
      3. Equipment special offers are not available to customers who transfer (churn) to QCS Group ADSL from another provider.
      4. Modem/router special offers cannot be exchanged for cash, credit or any other product or service.
    1. Setup Charges
      1. You must pay all equipment, delivery and set-up charges and monthly subscription fee once you receive the invoice from us.
      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.
    1. Minimum Contract Period
      1. ALL DSL plans 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.
      2. If during the contract you cancel the service or we cancel the service because of your default, you must pay an Early Termination Fee. The Early Termination Fee is calculated at the number of remaining months in the contract multiplied by the monthly access fee for the service being cancelled.
      3. The Minimum Contract Period may vary from service to service and will be advised to you during your application for the service either by verbal or written communication.
    1. Subscription Fees
      1. Subscription charges for ADSL/ADSL2+ broadband plans are billed on a 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.
      2. 4 days after the beginning of the month, you will be sent an invoice which will need to be paid in 7 days in full. Failure to pay the Subscription Fee on time will result in the barring or termination of your service.
    1. Data Allowance
      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.
      2. 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 $10 per gigabyte.
      3. Usage charges incurred within a billing month are charged as usage on the following month’s invoice.
      4. In calculating download usage, 1GB (1 Gigabyte) is equal to 1000MB (1000 Megabytes), 1MB is equal to 1000KB (1000 Kilobytes)
    1. Payments
      1. Payment options are credit card and bank transfers. Accounts paid with an American Express or Diners Club card will incur a surcharge of 2.75% (incl. GST) of the payment amount when we debit the card.
      2. Payment of invoices is required within 7 days of invoice. If payment is not made within this time, account suspension will be enforced.
      1. Service Changes
        1. All changes to broadband plan/service may incur fees including, but not limited to changes in bandwidth/speed/configuration/plan, relocation of the service to a different address or telephone number, and termination of the service. We will charge the relevant fees upon completion of the changes as specified in your application.
        2. We are not liable for any interruption to your service while a change is being processed and implemented. You may contact us on 1300 858 723 for an estimate of how long the service may be disrupted due to a specific change but such estimates are not guarantees about the period of time.
        3. We will not reimburse subscription charges incurred while a change to your service is being processed or implemented, and will not be liable for any loss or damages associated with disruption of the service while the change is being implemented.
      1. IP Addresses
        1. Broadband plans are provided with static IP addresses where your router/modem is assigned a specific IP address(s) that is allocated for the period you acquire the service.
        2. If you 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).
      1. Changes to Telephone Service
        1. Any interruption/change to your telephone service will cause the ADSL/ADSL2+ service on that line to be automatically disconnected and you will have to order, and pay a fee for reconnection/relocation of the service.
          Interruptions/changes include, but are not limited to:
          1. Cancellation/suspension of your telephone account.
          2. Change of service address (even if you keep the same telephone number).
          3. Change of telephone number (even if your address does not change).
          4. Change of telephone service lessee details.
          5. Installation of an ADSL/ADSL2+ incompatible product on the telephone line.
        2. If your broadband service is terminated automatically, you must inform us. If you choose not to reconnect your service, all of the usual conditions relating to cancelling an ADSL/ADSL2+ service will apply, including your obligation to pay the fee for early contract termination.
        3. If you change your location to an area where QCS Group cannot provide you with an ADSL2+ connection during the Minimum Contract Period, you will be liable to pay the Early Termination Fee.
        4. If relocation/reconnection of your service is delayed due to a factor outside of our control (for example, there are no available ADSL ports or transpositioning of the telephone line is required), the full early contract termination fee will apply if you choose not to proceed.
        5. Your Minimum Contract Period will restart on reconnection/relocation of the service. If, at the same time, you change your broadband plan, you will begin a new Minimum Contract Period as specified for that plan
      1. Change of Plan
        1. Migrating to another QCS Group plan does not reduce the Minimum Contract Period or terminate the original agreement or result in a reduction of the charges payable by you to us. The new plan subscription and/or usage charges will apply from the date of the migration.
        2. A Change of Plan fee and/or Contract Restart may apply if customers request to change your ADSL/ADSL2+ service.
      1. Cancelling an ADSL/ADSL2+ Service
        1. You may terminate the ADSL/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.
        2. If you cancel your ADSL/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.
        3. You authorise us to charge all termination fees, including, but not limited to, any early termination charges to the Customer’s credit card or direct debit account on receipt of your termination notice.
      1. ADSL Fast Transfer (Churn)
        1. The fast transfer (churn) process is only available to customers who have an active ADSL connection with a participating ISP.
        2. We do not guarantee access to the churn process, and will not be liable if the ADSL transfer application is rejected.
        3. QCS Group will supply the ADSL service from the date the transfer takes effect (you will be notified when this happens).
        4. You will pay for all charges associated with the transfer.
        5. You will still be responsible to your current ADSL supplier for any charges incurred and/or billed up to the date the transfer takes effect.
        6. After a transfer, you may not be able to receive certain benefits you currently receive from your DSL supplier (e.g. discounts or specific product enhancements).
        7. You authorise us to act on your behalf to transfer your ADSL service.
        8. Your ADSL service will remain active with your current Internet provider until the transfer takes place.
        9. You will need to contact your current ADSL provider about any faults with your ADSL service until the transfer process is completed.
        10. You may experience an outage in your ADSL service whilst the transfer takes place. We are not liable for any downtime or delays, as we are dependent on a 3rd party to perform the transfer.
        11. You warrant that you are the account holder of the ADSL service to be transferred, or are authorised by the account holder to transfer the service to us.
        12. You understand that it is your responsibility to check the terms of your contract with your current ADSL provider to determine if there will be any consequences under that contract as a result of this transfer, such as an early termination payment.
        13. You authorise us to confirm, on your behalf, your current technical data to be used for the ADSL transfer process only.
      1. Miscellaneous
      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.