MyNetFone ADSL Broadband Service Terms & Conditions 

The ADSL Broadband Service Terms and Conditions apply to supply of the MyNetFone broadband products and services to all our customers.

If you are purchasing a broadband service, you need to read these terms and conditions as well as the General Terms and Conditions, and if you are a business customer, you also need to read the Business Service Terms and Conditions

The ADSL Broadband Terms & Conditions are provided below & are also available in PDF format.


STANDARD AGREEMENT

These Terms & Conditions of Broadband Service form part of an agreement ("Agreement") between My Net Fone Australia Pty Ltd, (’MyNetFone’, ‘we’, ‘us’, ‘our’) and each of its customers ("you", “your”, or "Customer"). MyNetFone General Terms and Conditions posted on the MyNetFone website form part of this Agreement and if you are a business customer, MyNetFone Business Service Terms & Conditions posted on the MyNetFone website also form part of this Agreement. Together these documents are called the ‘Agreement.’ This Agreement governs both the Service and any devices (customer premises equipment), such as a modem, an adaptor, or any other IP connection device, ("Device" or "Equipment") used in conjunction with this Service. By activating the Service, you acknowledge that you have read and understand, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.

General Broadband Service Availability & Provision

i)             We agree to supply you the Service only in geographical region covered by MyNetFone 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)             Your application of Service is subject to qualification check during the provisioning process. If we cannot provide the Service, you can cancel the Service order without penalty. See section on “Service Order Cancellation and Refund” below.

iii)             You acknowledge and accept that we are not obligated to accept your application for the ADSL Broadband Service, and we reserve the right at our sole discretion to accept or reject an application without disclosure of reasons.

iv)             If we accept your application, we will endeavour to provide the Service as soon as we can, but cannot guarantee availability and a date of commencement.

v)             We rely on you to provide the correct telephone number and address of the premises to which the Service is required. Any incorrect information provided by you may result in delay and/or incorrect installation and you are then liable for cancellation and/or relocation charges.

vi)             If we provide 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. You are responsible for any cabling work required beyond the network boundary in terms of installation, maintenance and repairs.

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

viii)             To apply for our Service, you must be the holder of the current telephone service account. By completing the service application form, you have given us permission to install our Service on your telephone line and you warrant that this requirement has been met.

ix)             You may include MyNetFone broadband phone VoIP service as part of the Broadband Service. While we endeavour 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. 

x)             If the balance of the account reaches zero or below, customers cannot use the VoIP and Broadband Services for making outgoing 000 emergency calls, to other MNF nor to normal telephony users until the account is restored above zero. The exception is when the customer is on post-paid service.  

Naked ADSL2+ Broadband

i)             This Service requires you to sacrifice your existing Telstra telephone number and line which must be active without any incompatible elements such as Complex Service or Incompatible Spectrum Shared Service when you submit your application to acquire broadband Service from us. Once we have converted your telephone line to our Service, you will permanently lose your Telstra telephone number and line as well as any services associated with it. These services may include Back to Base Alarms, EFTPOS, Dial-up services and Pay TV etc. MyNetFone will not able to return the Telstra number and line to you once the line has been sacrificed for naked ADSL2+ service.

ii)             After a customer has placed an on-line order via the MyNetFone website using the customer’s existing phone number, MyNetFone staff will call the customer to verify and confirm the order. The customer may cancel the order at this point and is entitled to a full refund.

iii)             This clause is not applicable for a new service using the customer’s address.

ADSL or ADSL2+ Broadband

i)             The Service requires you to provide your existing Telstra telephone number and line which must be active without any incompatible elements such as Complex Service or Incompatible Spectrum Shared Service when you submit your application to acquire the Service from us. Once we have installed our Service on your telephone line, you will keep your existing telephone number and line as well as any services associated with it. These may include Back to Base Alarms, EFTPOS, Dial-up services and Pay TV etc. You will still be liable for any telephone line charges from your existing telephone service provider

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

iii)             If the service cannot be reinstated for any reason, an early termination fee may apply and customer will have to pay for full service installation fee again to reconnect the service. Refer to specific service critical information summaries for termination fee amount.

iv)             ADSL customer may change ADSL speed between 256kbps/64kbps, 512kbps/128kbps, 1500kbps/286kbps and 8192kbps/384kbps in accordance to MyNetFone advertised ADSL plan. Customer must contact MyNetFone to modify the service speed and may take 3 business days to complete. Change Service Speed fee will apply.

Broadband Service Order Cancellation & Refund

i)             If you no longer wish to continue with the Service order, you must be the applicant of the order and notify MyNetFone within 3 business days from the time you submit your order. An order cancellation fee will apply.

ii)             If the customer cancels an order at the point after it has been submitted by MyNetFone 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 MyNetFone 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 you before the service start date, you must pay MyNetFone all infrastructure and installation costs incurred by us in connection with preparation to supply the service to you.  

iv)             If MyNetFone’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 MyNetFone and is entitled to a full refund without paying any re-stocking fee.

v)             Other cancellation rights are set out in the General Terms and Conditions.

 

Broadband Service Maintenance

i)        Before you report any service faults to MyNetfone, you must take all reasonable steps to ensure the faults are not caused by or attributed to MyNetFone. Customers may be liable for a Call Out charge if subsequent investigation by MyNetFone or its authorised wholesale supplier shows the faults lie beyond the Network Boundary Point (NBP) or the Main Distribution Frame (MDF).

ii)        You must provide all reasonable assistance to enable MyNetFone 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 Network Boundary Point (NBP) or Main Distribution Frame (MDF), dependent on the premises type. You may be liable for a Call Out charge if such accesses were denied.

Service Relocation

If a customer who is on contract moves to another dwelling or location, he/she will pay a relocation fee and continues the contract if the Service is available at the new location. 

If there is no coverage at the customer's new address, they will not be able to relocate your MyNetFone ADSL2+ service and will have to cancel it. If the customer is within their contract term at the time of cancellation, the early termination charge may be waived once proof of residence is provided.

Service Installation

i)             We will notify you of the Service Activation via email address provided by you on the application form.

ii)             If MyNetFone or its supplier’s personnel are required to visit your premises to connect the service, you must provide appropriate and timely access to your Network Boundary Point (NBP) or Main Distribution Frame (MDF), dependent on the premises type. You may be liable to a Call Out charge if such accesses were denied.

iii)             You are responsible for all cabling and wiring within your premises. Where cabling does not exist or you have a fault with the wiring in your premises, you must arrange for your own service contractor to rectify this. MyNetFone or its supplier only deliver the service up to the Network Boundary Point (NBP) or Main Distribution Frame (MDF).

iv)             We do not provide hardware or software installation of the Broadband Service at your premises. You may either install yourself or request assistance from professionals to complete the installation. You are responsible for any installation costs incurred.

Equipment

We will provide the Service to you with the equipment supplied by us. You may subscribe the Service with your own equipment, (BYO). MyNetFone are under no obligation to provide the Service to you if you do not purchase the equipment from us. Even though you may be able to purchase the equipment on the open market, the equipment supplied by us have been optimised and configured to work with the MyNetFone Service to deliver the best possible quality. We will only provide technical support to the equipment supplied by us and are not responsible for the equipment purchased by you from third parties. 

Use of Service

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

  1. 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;
  2. 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
  3. In, or in relation to, the commission of an offence against any applicable law.

ii)         You must not use the service to create, use or distribute tools designed for compromising the security of MyNetFone’s network or any communications over that network.

iii)        You are responsible for all usage charges in respect of the use of the Services whether or not such usage was authorized by you because it is your responsibility to maintain the security of the means of access to the services and ensure unauthorized use does not occur. Information about security tools is available on the MyNetFone website.

Service Speed

i)              The service speed is dependent on numerous factors, including the length, gauge and quality of the local wire that connects your premises to the exchange. As we have no control over these external factors, we do not guarantee to customers that you will be able to obtain the maximum theoretical speed. 

ii)             For ADSL2+and naked ADSL, a speed of 1.5Mb/s is considered as an acceptable standard and no investigation will be undertaken by MyNetFone if the speed of the service reaches or exceeds 1.5Mb/s 

iii)            Due to the complexity of issues involved, MyNetFone requires up to 30 working days to investigate customer’s complaint that the speed of ADSL2+ or naked DSL service is less than 1.5Mb/s. During the investigation period, My Net Fone will not change the customer’s service status, e.g. suspension until the investigation has been completed and the results are known.  

Data Usage Allowance

Each MyNetFone 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 which are split between peak and off peak periods. The timing of the peak and off peak periods is specified in each Service Plan. Any unused data allowances for any given billing month cannot be rolled over for use in subsequent billing months.

Shaping

Once the data allowances have been used up for the billing month, if you subscribe to a residential plan, your broadband service will be shaped for both upstream and downstream traffic and will remain shaped until the commencement of the next billing period. If you subscribe to a business plan, the excess data will be charged in accordance with MyNetFone pricing schedule.

Service Charges & Billing

i)          You must pay the Service Charges as selected by you in the Service application form submitted by you. The relevant fees and charges are specified in the MyNetFone Pricing Schedule;

ii)         The Service Charge will start from the time the device is despatched by us to you;

iii)        We will bill you for the charges of the Service in accordance with the billing cycle specified in the Pricing Schedule;

iv)        We will send an invoice to you electronically to the email address nominated by you. We do not provide paper copy invoice.

v)         If you have disputes with some charges, you must pay the undisputed amounts of the invoice on the due date.

Payment

You may pay the Service Charges by direct debit of your credit card or nominated bank account and pay the equipment by BPay. Terms and conditions for MyNetFone Direct Debit apply. See detail in Direct Debit Application Form.

 Last update: 12 April 2013

Terms and Conditions are © Copyright MyNetFone Limited 2005-2013