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Use of DeVoteD - nbn™ Services

Use of DeVoteD's nbn™ broadband services is subject to DeVoteD's Standard Form of Agreement (which includes the DeVoteD's Privacy Policy and Acceptable Use Policy) and this Service Schedule. This Service Schedule takes precedence over the Standard Form of Agreement to the extent of any inconsistency between the two documents.

1. Definitions

1.1 "Build Drop" means the process of installing fibre lead-in cable from a connection point in the street (aerial or underground) to the nearest practical and safe installation point on the Premises, during the initial construction phase of the network.

1.2 "Demand Install" means the installation activity that occurs when you order a service from DeVoteD, including the supply and installation of the Optical Network Termination Device and Power Supply Unit. If a Build Drop was not performed during the initial construction phase, then the fibre lead-in cable will also be installed.

1.3 "Minimum Term" means the length of time that you commit to receiving and paying for the service in your application.

1.4 "Network Boundary Point" means the Ethernet port on the Optical Network Termination Device at your Premises.

1.5 "Premises" means the location where you intend to use the Service. We will deliver your Service to the Network Boundary Point of that Premises.

1.6 "Service" means an DeVoteD -nbn™ or voice service.

1.7 "Web Site" means DeVoteD's web site http://www.devoted.com.au

1.8 "We", "Our", "Us" or "DeVoteD" means DeVoteD DVD Pty Ltd ABN 80 097 906 968 trading as DeVoteD of PO Box 566 SOUTH MORANG VIC 3752.

 

2. Overview of the Service

2.1 DeVoteD' nbn™ services provide broadband Internet delivered over an optical fibre access network to your Premises.

2.2 The Service will be provided in your Premises which must be located in an nbn™ service area. All services are subject to availability, installation feasibility and successfully passing a service qualification process. DeVoteD may refuse to provision an nbn™ Service in its absolute discretion.

2.3 Details of Service plan features, contract terms and applicable charges are available on the Web Site. Charges may be varied by advance written notice from DeVoteD in accordance with the Standard Form of Agreement.

 

3. Customer Equipment Requirements

You need to provide equipment to access the Service, and you acknowledge that:

3.1 This equipment must be obtained (at your cost), maintained and operated by you, and remains your property beyond the termination of any Service agreement with DeVoteD;

3.2 DeVoteD recommend, sell and support a wide range of suitable Ethernet Routers (or „home gateways') for this purpose. ADSL Routers are not suitable for nbn™ Services;

3.3 DeVoteD does not offer technical support for Ethernet Routers not sold by DeVoteD; and

  1. You must ensure that any equipment used by you in connection with the Service:

 

4. Consent Requirements for Your Premises

4.1 Your Consent

You agree that you will allow us (or any other person nominated by us, including NBNco Limited) safe, efficient and timely access to your Premises when required:

4.1.1 To supply the Service to you or any other customer or for any other reasonable purpose

4.1.2 To deliver, install, connect, inspect, modify, replace, maintain, repair, reinstate, service, disconnect, remove or perform any other work on or in relation to part of the nbn™ Network or any third party network; or

4.1.3 For as long as the service is provided to you, and for a reasonable period thereafter as reasonably requested by us or our supplier.

4.2 Property Owner Consent

You acknowledge and agreed that:

4.2.1 Installation may involve physical work at your Premises; and

4.2.2 You are either the owner of Premises, or you have obtained the written consent of the owner of the Premises to have the Service installed. This written consent must be signed and dated, and provided to DeVoteD on request.

4.3 Neighbouring Property Consent for Installation of the Lead In Cable

Where an aerial fibre drop cable (irrespective of whether it is for a Build Drop or part of a Demand Install) will cross a neighbour's property to reach your Premises:

4.3.1 Consent needs to be obtained from the owner of the neighbour's property;

4.3.2 nbn™ will organise through its contractors to obtain the consent needed when this situation occurs and in the event the neighbour's consent cannot be obtained, nbn™ will attempt to find alternative means of connecting your Premises, whenever possible; and

4.3.3 The process of identifying the owner of the neighbour's property and obtaining their consent may take time and delay the final activation of your Service.

4.4 Further Consents

You agree that you will, upon request, promptly arrange any further written consent in a form reasonably required by us in relation to access to your Premises.

 

5. The Installation Process

5.1 Standard Installation

The "Standard Installation" includes DeVoteD, NBNCo and/or their contractors taking steps to:

5.1.1 Determine the closest practical and safe point on the Premises from the street to connect to a small box on the outside of the Premises, the Optical Premises Connection Device (PCD);

5.1.2 Drill a small hole through the wall of the Premises to feed the cable from the PCD through into a wall plate that will be installed inside the Premises. A cable will be run from there to the Network Termination Device (NTD);

5.1.3 Connect the power supply unit (PSU) into the nearest standard 240V power point to where the NTD is located (this should be within 1.5 metres, and cannot be an extension cord or power board);

5.1.4 A 12V power supply cable is then connected from the PSU to the NTD (which should be within 1.5 metres of the PSU), and any spare cabling is safely secured;

5.1.5 Test the installation once completed.

Please refer to NBNCo's "Preparing for the nbn™" document available on our Website if you require further information. Please note that cabling length limits apply which may cause your installation to be "non-standard", in which case additional charges may apply.

5.2 Your responsibilities During Installation

You are responsible for:

5.2.1 Discussing your preferences with the installer for where the PSU and NTD will be installed. Please note that your preferences may not be suitable if technical requirements are not met. Requirements include that:

(a) The PSU and NTD are in the same building as the main electric meter or switchboard;

(b) The location is cool, dry and ventilated;

(c) Near a dedicated power point; and

(d) Away from busy areas which might cause the unit to be knocked or damaged.

5.2.2 Ensuring that You (or an adult authorized by you) are at the Premises for the installation appointment to:

(a) provide access to the Premises for the installation work;

(b) approve the final location of the installation; and

(c) approve any additional charges for non-standard installation tasks (if applicable).

If you need to reschedule the appointment you must give us 2 business days notice. Fees may apply for missed appointments.

5.2.3 Providing an internal domestic AC 240V socket-outlet in a suitable location for the Power Supply Unit.

5.3 Network Boundary Point

You acknowledge that:

5.3.1 the Network Boundary Point is defined as the Ethernet port on the Network Termination Device.

5.3.2 You may need new cabling to connect this port(s) to the location(s) in your Premises where you intend to use the Service (or other services connected to the NTD). This cabling is subject to the requirements of the ACMA wiring rules (AS/ACIF S009:2006).

5.3.3 You should consider all your future cabling needs (e.g. for a telephone service), as well as the immediate requirement for an Ethernet connection point at a suitable place inside your Premises.

5.4 Special Installation Requirements

You acknowledge and agree that:

5.4.1 If you have any special or non-standard requirements for installation, you must ensure that you discuss them clearly with the installation technician. Non standard installation tasks include but are not limited to:

(a) Where the installation is unusual, complex, difficult, or there are safety issues during the installation;

(b) The installation is to a point that is not the closest and most direct path from the street; and

(c) Undergrounding cabling from the street to your Premises where aerial cabling would normally be used.

5.4.2 You are responsible for any additional charges due to a non-standard installation;

5.4.3 A quote will be prepared, and once you have considered and agreed to this quotation, the installation will proceed;

5.4.4 Any "in roof" work will automatically trigger the need for a non-standard installation due to the inherent safety risks involved. NBNCo will not guarantee that „in roof' work will be undertaken; and

5.4.5 If you have special installation requirements beyond the Network Boundary Point (eg in Premises cabling), you will need to arrange and pay for the services of an ACMA licensed cabler. This applies to all Premises cabling, such as that used to connect new or existing telephone or data sockets in your Premises to the Optical Network Termination Device;

5.5 Battery Backup

You acknowledge that:

5.5.1 The Power Supply Unit has the capability of a back-up battery. You are responsible for maintaining and providing the battery. Batteries may not be included with the initial installation;

5.5.2 The battery provides up to four hours of backup power to the UNI-V telephone port only, on the Network Termination Device. This may be useful in future if your standard telephone service is provided through this infrastructure;

 

6. Broadband Services

6.1 Contract Duration and Service Cancellation

6.1.1 When you submit an Application for the Service (online or by telephone), you are committing to the Minimum Term (if any) specified on our website and in your Application. Early Termination Fees may apply if you terminate the Service during the Minimum Term. Details of Early Termination Fees are available on the Website.

6.1.2 Unless you contact us to cancel the Service when your Minimum Term ends, DeVoteD will continue to provide the Service on a monthly basis and you agree to continue paying the Charges.
To cancel a service in accordance with the SFOA you are requried to give 30 days notice and submit your request through www.devotednbn.com.au/cancel
At the end of your Minimum Term we may by prior notice to you vary the Charges. If you do not agree to such changes you will not be obliged to continue receiving the Service.

6.2 Broadband Speeds

You acknowledge that:

6.2.1 The performance of your service is affected by various factors, including the capacity of, load on, and specifications of:

(a) The destination host computer which you are accessing;

(b) The global Internet links between DeVoteD and the destination host computer;

(c) The backhaul network connecting your community to DeVoteD; and

(d) Your own software and hardware used in conjunction with the Service.

6.2.2 nbn™ service plan names may refer to nominal nbn™ access port speeds determined by nbn™Co and are not necessarily indicative of the Internet data transfer speeds the Service will achieve in practice.

6.2.3 Detailed information about the performance of the Service and the factors that affect the speed is available on our Web Site at: www.devotednbn.com.au

6.3 Churn

Please note that at this stage, the „broadband churn' process is not available. This means that if you wish to change to another broadband services provider, you may need to cancel the Service and order a new connection with another service provider. This may result in an outage of your broadband service.

6.4 Plan Changes

You can request a change to your broadband plan (in terms of speed and/or quota) at any time; these will be actioned on your monthly service rollover date.

6.5 Moving Premises

If you plan on moving Premises:

6.5.1 You need to let us know as early as possible;

6.5.2 We cannot guarantee that the Service will be available at your new address;

6.5.3 Relocation fees may apply. If your service cannot be relocated, Early Termination Fees may apply if you are subject to a Minimum Term

 


 

7. General Conditions

7.1 Your relationship with DeVoteD You agree that:

7.1.1 Your service is provided by DeVoteD DVD Pty Ltd;

7.1.2 You do not have any service contract with NBNCo Limited.

7.2 Limitation of Liability for NBNCo Limited

In addition to the limitation of liability provisions contained in our Standard Form of Agreement (including clause 21), the limitation of liability shall be extended to exclude all liability (to the extent permitted by law) of NBNCo Limited (NBNCo), its Related Bodies Corporate and each of their respective Personnel, arising from or in connection with the Service or NBNCo equipment.

7.3 Service Faults

7.3.1 You agree to report to DeVoteD - and specifically NOT to NBNCo - any faults or other issues with the Service that you are obtaining from DeVoteD. You agree to reasonably co-operate in the resolution of the fault and acknowledge that DeVoteD is not able to progress your support request without your assistance and participation. This included but not limited to approprate direct diagnotistic testing on your connection (speed, ping & traceroute), plus light status of your Optical Network Termination Device, or facilitating access to your property by a technician.

7.3.2 If a NBNco technician is to attend your premises and the fault is deemed to be with your equipment. An incorrect call out fee of $100 may be payable (This fee is aslo payable for missed appointments).

7.3.3 Whilst there are NO service gurantees with your service. If a fault or outage occurs for more than 24 hours, DeVoteD will provide compensation being your monthly data fee on a pro-rata basis.
7.3.3.1 This is on the condition, you take and accept NBNco first avaialble appointment. If your unavailable for this appointment or change appointments, this compensation is NOT payable.
7.3.3.2 This compensation is NOT payable if the issue is with your end user equipment.

7.4 Supplier Equipment

You agree that

7.4.1 The Optical Network Termination unit, power supply and power supply cabling (Supplier Equipment) remain at all times the property of DeVoteD or the wholesale network operator;

7.4.2 You will not interfere with or damage Supplier Equipment and you will take all reasonable care of the Supplier Equipment;

7.4.3 Replacement charges will be charged if such equipment is damaged or removed for any reason; and

7.4.4 You will not create (or attempt to create) any security interest, encumbrance, lien, charge or mortgage over the service or any part of our network or equipment or our supplier's network or equipment.

7.5 No Interference

You agree that you will:

7.5.1 Not interfere with the normal operation of the Service or any facility, or make either unsafe; and

7.5.2 Not access or attempt to access the Optical Network Termination Device (or any other equipment used to provide the Service) located on your Premises.

7.6 No Resale of Bandwidth

DeVoteD nbn™ services provide access for personal and immediate family or business use only. You may not resell the Service in any manner without express written permission from us.

7.7 Disclosure of Information

You consent to us disclosing any data or information regarding you or your service to third party suppliers (including NBNCo Limited), as reasonably required by DeVoteD or its third party suppliers to provide the Service to you or to maintain networks related to the Service.