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Broadband

  1. Definitions
    TPP Internet (ACN 104 263 292).
    • "we / our / us" refers to TPP Internet.
    • "you / customer" refers to the individual who has signed the agreement as a customer. Where these policies refer to the 'customer' or 'you' this should be read to include anyone who uses your service.
    • "supplier" refers to a third party carrier or service provider.
    • "guarantor" refers to the individual who is financially responsible for the account.
    • "the services / service" refers to a DSL Broadband Internet connection that provides access, via our network, to the Internet and related services. Unless the context suggests otherwise the use of the term 'service' means any and all services offered by us to you.
    • "Mb" or "MB" refers to Megabyte; 1 Megabyte is equal to 1,000,000 Bytes.
    • "Gb" or "GB" refers to Gigabyte; 1 Gigabyte is equal to 1,000 Megabytes (1,000,000,000 Bytes).
    • "monthly cost / monthly access" refers to your recurring monthly access fee for connection to our network.
    • "application / registration / registration form" refers to the form that you completed while applying for this service.
    • "agreement / terms / terms and conditions" refers to the TPP Broadband Standard Form of Agreement.
    • "start date" refers to the date when your billing cycles begins.
    • “minimum term is six (6) months.

  2. Agreement
    This agreement constitutes the full and entire understanding and agreement between you and us in regards to the supply of the services. The services are provided on the assumption that you have read and fully understood this Standard Form of Agreement. These services are not be resold to 3rd parties and cannot be used for any form of FTP or web hosting services.

    This service must not be used for any illegal or fraudulent activities, including those prohibited under the Australian Government Telecommunications Act 1999 or under any other Australian State and Commonwealth laws.

    This Agreement begins if and when we accept your application for the service and continues until terminated by either party in accordance with this Agreement. TPP Internet reserves full rights to terminate this Agreement at any time. You shall fully and wholly forfeit all outstanding amounts.

    Under your agreement we will provide:
    • DSL access to the internet.
    • Associated services (for example, login for account management and technical support).

  3. Changes to our Agreement
    We may need to change our TPP Broadband Standard Form of Agreement from time to time. For example, if one of our suppliers changes the terms on which they supply services to us, or changes the functionality or nature of a service, or its underlying technology, we may need to change the terms on which we supply the services to you. Consequently we do not offer to provide you with an ongoing supply of service on the same terms that you initially agreed on. You acknowledge and agree that from time to time the nature of your services and the terms on which we supply those services may change.

    This may include changes to:
    • Your Fees and Charges
    • This Standard Form of Agreement
    • Our Website's Standard Terms & Conditions
    • Ongoing supply of services

  4. Becoming a TPP Internet Customer
    When you apply for a service with us, we decide whether to supply our services to you, based on the following:
    • The particular terms for that Service;
    • Your eligibility for the Service;
    • Its availability to you;
    • Your ability to meet our credit requirements;
    • Your being over 18 years of age;
    • If you are under 18 years of age then you will have to have your parent or legal guardian agree to act as guarantor for the account, and complete their details as well.

  5. Access to Our Services
    You must comply with the following terms:
    • When you sign with us you will choose a username and password;
    • You need these to access our services;
    • You should keep your password secret;
    • You are personally responsible in using our services;
    • If applicable, others who are your employees in your office may access our services;
    • You are responsible to ensure these others know the TPP Broadband Standard Form of Agreement and comply with them.

  6. Nominated DSL Phone Number
    • All other DSL services currently operating on the nominated telephone line must be cancelled prior to registering for TPP Internet DSL products unless you are Churning from a participating ISP. Existing DSL services will result in a Telstra order rejection.
    • Your nominated phone number for this DSL service must be active and belong in the Telstra public switched telephone network.
    • Your nominated phone number for this DSL service must not have any other services on it. It must be a voice or fax line only (eg. the nominated number must not reside in a rotary group, PABX system, belong to an ISDN BRI or PRI, have conference call facility associated with it, etc).
    • Should you choose to change a number that the DSL Broadband is connected to then you understand that a reconnection fee may be required and it is the responsibility of the customer to inform TPP Internet of this change.

  7. Agreement Start Date
    Your agreement to purchase a DSL Broadband service with us starts on the date that we receive your registration and an order is placed for a permanent DSL connection to the Internet through us. A minimum term applies to all DSL Plans.

    If an order is placed for the DSL connection and you decide to withdraw the request for a DSL Broadband connection, then we reserve the right to charge a Disconnection Fee and any further fees, as set out in our TPP Broadband pricing information.

    Your Monthly Access Fee will be billed when we start providing our DSL Broadband services to you. This is referred to as your "start date". Your first monthly billing cycle will occur on your "start date" and will be continued on a consequent monthly basis on the 15th day of the month.

    Once your minimum term is reached, your agreement then automatically renews for subsequent periods each of one month unless:
    • You give us at least 30 days advance notice by email or any other written form (as appearing in 'Cancelling the service') prior to your chosen plan period expiring that you wish to cancel this automatic renewal, or
    • We give you at least 14 days advance notice of discontinuing our services to you if we reasonably believe you have breached your obligations under your agreement, or
    • We are unable to provide our services to you, due to arrangements with our suppliers coming to an end, or
    • Immediately you become bankrupt, or
    • If you are a company, immediately you become insolvent or an administrator, receiver or liquidator should be appointed.

    This renewal will be on the Standard Form of Agreement that is current at the time of your monthly renewal and will exclude any special offer or benefit that we may have provided in your original chosen plan period. We are under no obligation to provide any reminder to you that your plan will continue to renew on a month by month basis, and it is your responsibility to inform TPP Internet of your intention to cancel the service.

  8. Fees and Charges
    You are responsible for paying the fees and charges for the service, any additional fees and charges under the agreement (including your registration) and those fees and charges which are notified by us in accordance with the agreement. You must pay all fees and charges incurred for the service, even if you did not authorise its use, or the service is unavailable or you are unable to access the service. (For further information see 'Complaints and Disputes')

    Charges may include:
    usage charges, monthly access fees, set up fees, administration charges, suspension or cancellation fees, late payment fees, payment dishonour fees and reconnection or reactivation fees. We may offer promotions or offers in connection with the service (special). If you accept a special, the price and terms of the special will prevail over those otherwise applicable under the agreement for the duration of the special until the special expires and then the full terms of the SFOA will apply.

    • Set Up Fees
      One of the following Setup Fees applies to all Plans at the time of registration, however these prices may differ due to TPP Internet specials as indicated on the TPP Website
      • A Setup Fee for new DSL Broadband connections. If you choose to cancel the order before completion, or you cancel your contract before the termination of the minimum 6 month period, the set-up fee is not refundable under any circumstances.
      • A Setup Fee for Churning/Transferring your DSL. See 'Churning from your existing ISP to TPP Internet' for terms that apply to this cost.
    • Monthly Access Fees
      Your 'Monthly Cost' is based on the plan / setup fee stated on your Agreement under 'Agreement Account Details' and are payable monthly in advance unless otherwise agreed upon through a TPP Internet change of Plan Authorisation.
    • Hardware Fees
      Your 'Hardware Fees' are based on the hardware (equipment) stated in your Agreement under "Hardware" and are payable upon submission of your TPP Internet DSL Broadband Application. A Delivery Fee will apply to all requests for hardware to be sent to your nominated delivery address. If you choose to receive your Hardware by Regular Post, we hold no liability and are not obligated to replace the Hardware. . Hardware and shipping costs are non-refundable under any circumstances.

  9. Complaints and Disputes
    If you have any complaints in connection with the service, you may complain in writing or by email to techsupport@tppinternet.com. If we are unable to resolve your complaint to your satisfaction you may take your complaint through other avenues, such as the Telecommunications Industry Ombudsman, the Australian Competition and Consumer Commission or the Department of Fair Trading or the Department of Consumer Affairs in your state or territory. If your complaint is about a fee or charge for the service, we may suspend payment obligations for that fee or charge until the complaint is resolved. All other fees and charges not in dispute remain due and payable. Where your complaint is about a significant and sustained loss of access to, or use of, the service and the loss was not as a result of circumstances reasonably attributable to you or non TPP Internet owned equipment, you may be entitled on request to a refund or a rebate of any access fee for the period in which you access or use was interrupted. It is up to TPP Internet to determine the amount of this refund or rebate.

  10. Billing
    We will bill you on a regular basis in advance, and will try to include on your invoice all charges for the relevant billing period. However this is not always possible and we may include these unbilled charges in a later invoice(s).

  11. Payments
    You must pay the service charges by direct debit payment from your credit card or nominated bank account. Payment of your first Monthly Cost, Setup Fee, any DSL Hardware you order plus a Delivery Fee, must be made at the time that you order our services. These initial costs can be paid by Credit Card. If your payment is declined we may immediately suspend or cancel the service and we may charge you a dishonour fee. We may include unbilled service charges in a later invoice(s).

    You must pay each invoice in full by the due date shown on it, or as otherwise notified by us. If you do not pay your invoice by the date payment is due we will charge you a Late Fee, suspend or cancel the service (in which case we may charge you a suspension fee and/or reconnection or reactivation fee), engage a mercantile agent to recover the money you owe us, institute legal proceedings against you to recover the money you owe us and on-sell any unpaid amounts to a third party (in which case you will be responsible to the third party for payment of the invoice).

    If we do not receive payment or cannot debit a credit card or your nominated bank account for any reason by your Billing/Due date, we will immediately suspend your account. We will attempt to contact you by phone or mail and if we still don't receive payment within 14 days after your Billing/Due date, your account will be cancelled. If you wish to re-activate the account, your Phone line will need to be re-provisioned and you will need to register for your account again which includes any Setup Fees. You may also incur an Administration Fee and you will still need to pay any amounts outstanding on your previous Accounts.

    TPP Internet reserves the right to report accounts outstanding for 60 days to Baycorp Advantage Ltd (Formerly CRAA), subject to Credit Advantage Ltd's terms and conditions. We also reserve the right to perform credit rating verification checks prior to the commencement of call access as and when it sees fit. It is your responsibility to ensure you receive your TPP Internet invoice. If you have overpaid as a result of a billing error, your account will be credited with the amount you have overpaid and may be used at any stage to pay future accounts that become billable.

    You may view your invoices by either
    • Email: A notice that your invoice has been generated will be sent to your correspondence email address.
    • Post: For an additional fee of $1.50 per invoice, you can have your invoice posted to your mailing address.
    • Online: Please log into our Online Management System on our website, and select the broadband section to view a breakdown of your latest order and amounts you have been charged.
    Note: You will automatically be sent an invoice notice via email, unless you specify to receive your invoice via post. To request posted invoices send your request to accounts@tppinternet.com. It is your responsibility to ensure you receive your invoice.

  12. Taxes
    Unless indicated otherwise, the fees and charges set out in the agreement show any taxes (for example, goods and services tax). Where the fees and charges do not include taxes, we may increase those fees and charges in accordance with the agreement.

  13. Suspending the service
    • Our rights to suspend the service
      We may suspend the service at any time without liability if: there is an emergency, to allow us or a supplier to repair, maintain or service any part of our network or a supplier's network, we reasonably suspect fraud by you or another person, we believe there has been an unusually high use of the service, any amount owing to us in respect of the service is not paid by the due date or you fail to pay an amount owing in full within 10 business days after we give you notice, we reasonably consider you a credit risk because any amount owing to us, you breach a material term of this agreement and you either cannot remedy the breach or do not remedy the breach within 30 days after we give you notice to do so, we are required to do so to comply with an order, instruction, request or notice from a regulator, emergency services organisation, other competent authority or under law, there are problems connecting our network to a supplier's network, you become insolvent and we reasonably believe we are unlikely to receive payment for amounts due, or you die or, if you are in a partnership, the partnership is dissolved and we reasonably believe we are unlikely to receive payment for the amounts due or we are otherwise entitled to do so under the agreement. This suspension will occur while we enquire or investigate if any breach has taken place. In doing so we need not refund any fees applicable to the suspension period.
    • Results of suspending the service
      If the service is suspended you must pay the Monthly Access Fee while it is suspended. If the suspension was not as a result of circumstances attributable to you or non TPP Internet owned equipment you may be entitled on request to a refund or a rebate of access fees for the suspension period. If the suspension was a result of circumstances attributable to you, you may have to pay us a suspension fee and, if you wish to reactivate the service, a reconnection or reactivation fee. Refunds will not be given for any reason unless TPP Internet deems it necessary.

  14. Cancelling the service
    • Your right to cancel the service
      You may cancel the service at any time after the minimum term by giving us 30 days notice prior to the renewing of the billing period. You may also cancel at any time without liability, by giving us notice, if we breach a material term of this agreement and cannot remedy the breach or do not do so within 30 days of you giving us notice to do so. Cancellation without 30 days or if we lawfully cancel our services, requires you to pay the Disconnection Fee of $99 (if applicable), plus an administration fee: refer to 'Schedule of Fees'.
    • Our right to cancel the service
      We may cancel the service at any time if: there is an emergency, we reasonably suspect fraud by you or another person, any amount owing to us is not paid by its due date or you do not pay an amount within 10 days of receiving notice from us, we reasonably consider you a credit risk because of an amount owing to us, you breach a term of this agreement and cannot remedy the breach, or do not remedy the breach within 30 days of receiving notice from us, we are required to do so to comply with an order, instruction, request or notice of a regulator, emergency services organisation, other competent authority or under law, you become insolvent and we reasonably believe we are unlikely to receive payment for amounts due, you die or, if you are in a partnership, the partnership is dissolved and we reasonably believe we are unlikely to receive payment for the amounts due, the service is suspended for more than 30 days, an intervening event prevents the supply of the service for more than 30 days or we are otherwise entitled to do so under this agreement.
    • How you can cancel the service
      You cannot cancel your account over the phone. You can notify us that you wish to cancel the service by providing us written notification at least 14 days prior to the renewing billing period. You may send notices to TPP Internet that must include your username, password and chosen plan details for your notice to be legally binding. You may send your written notification by either:
      • Website: Log into the broadband section of the Online Management System on the TPP Internet website.
      • Email: cancellations@TPPInternet.com.au
      • Mail: TPP Internet Customer Service – PO Box 334, Manly NSW 1655
      • Fax: 1300 792 306
    • What happens if the service is cancelled?
      If the service is cancelled:
      • You are liable for any charges incurred up to and including the date the service is cancelled;
      • You authorise us to use any over payment on your account/money paid in advance to pay for any undisputed outstanding charges;
      • If you are required to pay for the service by direct debit payment you authorise us to debit any undisputed outstanding charges (including cancellation fee) from your credit card or bank account.
      • If the service is cancelled during the minimum term of a fixed-length agreement due to circumstances attributable to you, you must pay us the cancellation fee.
      • If the service is cancelled due to circumstances attributable to you and we reinstate the service, you may have to pay a reconnection or reactivation fee. Refunds will not be given for any reason.

  15. Shaping
    All plans have fixed monthly prices with no excess usage charges. Broadband speed is reduced to 64kbps/64kbps once the monthly Downloads are reached. For example, if you are on the 1500/256k 10GB Plan, your maximum line speed would remain at 1500/256k for up to 10GB of Downloads. If you go over 10GB of Downloads, your maximum line speed would be reduced to 64/64k.

    TPP Internet is not responsible for informing you of when your shaping begins.

  16. Plan Changes
    All requests for plan changes must be made in writing at least 3 days prior to your billing period renewal and cannot be requested over the phone. You may request a Plan change as long as you comply to the following regulations:
    • Your Plan change will only take effect as of the next billing period provided you give us written notice at least 3 days prior.
    • You may downgrade or upgrade your Plan anytime provided you give us written notice at least 3 days prior to the billing date that you would like it to occur on.
    • All Plan changes are subject to a $10 fee. If you are also changing speeds, then just a $55 fee will apply. These fees must be paid before the change can occur.

  17. Personal information about you
    Personal information about you includes your name, address, phone number, credit card or banking details, credit rating and may include numbers you have called and the time and / or providing the location of a call.

    We may collect, use and disclose personal information about you for the following reasons:
    • To decide whether to start, stop or limit supply to you of credit, the service, or products and. If you do not supply part or all of the personal information we request, we may refuse or limit the supply to you of credit or the service.
    • For purposes related to the supply of the service (including account management, business planning, product development) and to provide you with information about promotions, as well as products and services of TPP Internet. You may opt out of receiving communications that are not related to your account or legally required by contacting customer service.
    • From and / or to credit reporting agencies, credit providers (but only for the purposes set out above).
    We may be required or permitted by law to collect, use or disclose personal information about you from and to, for example; emergency services organisations or to law enforcement agencies. Subject to applicable law, you may access and correct your personal information by contacting us. If your payment methods are by Credit Card or Direct Debit, you will need to supply TPP Internet with the correct account information. TPP Internet will attempt to contact you as a courtesy, should we notice that your details are incorrect, however it remains the responsibility of you (the customer) to keep your personal information up to date with TPP Internet. TPP Internet holds no responsibility for incorrect information not being updated or its consequences.

  18. Credit Card Transactions
    The credit card being used for billing must be in the name of the person applying for the service. If the credit card you use to make payment is not in your name you are responsible to get full authority from the credit card holder to pay us. The credit card holder will then act as a guarantor for the account and will assume full responsibility for its payment. If credit card payment is unsuccessful then we can try to debit the credit card on a reasonable basis. We may charge a $7 administrative fee for each attempt up to a maximum of 3 unsuccessful credit card attempts, after which your service will be suspended until we receive payment.

  19. Dishonoured / Bounced Payments
    Payments that are deemed to be dishonoured or bounced from your banking facility will incur a Dishonour Fee. Please see 'Schedule of Fees' for the appropriate fees. In the case where a monthly access fee has been dishonoured or bounced, TPP Internet will attempt to contact you to inform you of the situation and will either arrange for the account to be debited again, or arrange for an alternative payment method to be made. We may also suspend your service until we receive payment for the service.

  20. Provision of Our Services
    TPP Internet aims to provide the following services:
    • We will provide you with our services in such way as we believe appropriate.
    • We will provide our services on a continuous basis, to the best of our ability.
    • We will provide you with all the individual settings necessary to activate our services and your member privileges.
    • If you change premises a number of fees apply. (See 'Schedule Of Fees')
    • When provisioning the service to your allocated phone number, please allow up to 9 working days for the finalisation to occur after receiving your signed Agreement.
    • If we are later unable to provide our services to you, we will refund fees as follows:
      • Any set up fees in the provision of our services during your chosen plan period, will be refunded within 14 days.
      • Fees for any DSL hardware if purchased from us will be refunded when we receive this hardware back from you, provided that this hardware is not damaged, is in its original packaging and is in saleable condition. You will not receive a refund for your Delivery Fee. The cost of returning Hardware shall be incurred by you.

  21. Your Obligations
    You are responsible to provide the following:
    • You are responsible for your access including your phone connection.
    • You should keep secret all your individual settings necessary to access our services and your member privileges.
    • You must pay all fees resulting from use of our services accessed through your DSL connection, as authority to use our services is presumed upon this use taking place.

  22. Your Use of Our Services
    You are responsible for the following when using our services:
    • You are the person responsible for all use of our services.
    • In your access and use of our services you must only use software you are legally entitled to use.
    • We are not responsible for nor obliged to supervise, review or in any way control the content or form of any information or internet traffic you access through our services.
    • We do not promise or agree that any information, data or software of any kind available on the Internet is:
      • Suitable for your use,
      • Accurate,
      • Free of viruses, worms, trojan, unsolicited communications (also known as "spam") or other malicious programs or scripts,
      • Does not infringe any applicable law (criminal or civil, including any applicable intellectual property or censorship law).
    • You are responsible for any content you place through us on the World Wide Web, FTP or any other service to ensure it does not breach any laws that might apply to:
      • Spam,
      • Defamation,
      • Fair trading and trade practices,
      • Intellectual property, censorship or copyright,
      • Gaming/gambling.
    • Notice concerning mailing lists, unsolicited mailings (spam): TPP Internet strictly prohibits the use of our servers to send or relay unsolicited mail (spam). If any services or domain hosted by TPP Internet, participates in the sending of unsolicited mail, unsolicited bulk mailings, unsolicited spot mailings or any other form of mailing commonly know as spam, this will lead to a notice of 3 days to take proper action or the services will be cancelled.

      You understand and acknowledge that TPP Internet has a zero-tolerance policy against sending of unsolicited bulk emails or commercial messages over the internet (spam or spamming). Mailing lists hosted on TPP Internet servers are not to be used to develop unsolicited mailing lists or bulk mailing lists. Activity flowing through the SMTP servers hosted by TPP Internet is monitored continuously and new security features and monitoring techniques are being installed in order to detect and prevent unauthorised use of SMTP servers.

      You acknowledge the policy concerning unsolicited mailings as stated above and agree not to use the equipment owned and operated by TPP Internet or any SMTP service for the purpose of sending any unsolicited bulk mailings.
    • You must not access nor allow any other person to access our services for any illegal activity.
    • If any claim is made against us, or if we suffer expense or loss of any kind due to your breaching your obligations you agree to indemnify us in all respects.
    • We have however, the right to monitor or edit your using our services or any content you place. We have the right to change, alter or remove any of such content we reasonably believe breaches your obligations.
    • Responsibility for maintaining back up files and/or the storage of data is yours. We are not responsible for any loss you may suffer by your failure to do so.
    • We have no obligation to provide you any training in the use of our services.

  23. You Must Not
    In using our services you must not:
    • Try to obtain unauthorised access to or cause any malfunction in any computer system.
    • Breach any laws (civil or criminal).
    • Upset the rights of any other person, company or body.
    • Download any material or internet traffic, except for your personal use.
    • Distribute email to anyone who has not consented to receiving it.
    • Transfer or assign any rights created by this agreement.
    • Resell our services in any way (unless you first obtain our express written permission).

  24. Services Quality
    TPP Internet works hard to maintain quality through:
    • We work hard to provide our services to you on a continuous basis.
    • Our doing so however may be slowed or interrupted completely for reasons which could be, for example:
      • Any maintenance of equipment or anything else that relates to provision of services,
      • Any failure (hardware or software) of equipment or anything else that relates to provision of services,
      • Any temporary unavailability of services due to peak demand and network congestion.
    • Your Internet connection speed depends upon many factors which are often outside our control. This can include failure in the internet generally or network congestion.
    • While the maximum line speed is the maximum port speed enabled at the exchange level, actual line and download speeds for each customer will vary and is dependent on factors such as; How far you live from the local telephone exchange, the configuration and quality of your phone line, quality of your Broadband ADSL modem and line filter, the number and type of services being used in your neighbourhood, general Internet usage and load levels, interference from outside sources, your computer's hardware and software set up and the configuration of any computer you are trying to access.
    • We cannot promise that you will always connect at any specific minimum speed or have access to all parts of the Internet at all times.
    • We are not liable for any losses that may occur as a result of any unavailability of our services at any time.
    • We may block Internet Ports or IP Addresses at anytime without notice for network security reasons.

  25. Existing Phone Connection
    You agree and understand:
    • We can only provide our services to you if the cable running between your premises and the exchange nearest to you is owned by Telstra. This means you must have a standard telephone service from Telstra or a Telstra re-seller to receive our services.
    • At this time if you do not own or purchase such a service, we are unable to provide our services to you.
    • If, after you start receiving our services, your standard phone service becomes disconnected, you move premises, or you transfer your phone service to a provider other than Telstra this may mean you will not be able to receive our services. We need not refund any fees you have paid in these circumstances and you will be responsible for the continuation of the remainder of your chosen plan period.
    • Any installation of our services to your phone connection may interfere with other services you have, such as security alarm monitoring services.
    • You may be required to install additional equipment at your cost to ensure our services operate sufficiently when an DSL service has been installed.
    • It is your obligation to inform any security alarm monitoring services provider of your installation of the DSL service that may affect your monitoring alarm system and that you may require additional equipment.

  26. IP Addresses
    Any IP addresses that we allocate to you:
    • May be converted from a Static to a Dynamic IP address and vice versa without notice to you.
    • Are not transferable
    • May be withdrawn or changed by us at any time without notice.
    • Remain our sole property.

  27. Churning from your existing ISP to TPP Internet
    The following terms apply when churning to TPP Internet.
    • You are only liable to receive the discounted churn offer if you are transferring from an active DSL connection and if your current DSL supplier is from the participating Transfer Internet Service Provider list.
    • TPP Internet will supply the DSL service from the date the transfer takes effect (you will be notified when this happens).
    • You will still be responsible to their current DSL supplier for any charges incurred and/or billed up to the date the transfer takes effect.
    • TPP Internet may refuse or cancel your service on the basis of your credit assessment.
    • After the transfer, you may not be able to receive certain benefits you currently receive from your DSL supplier (eg. discounts or specific product enhancements).
    • Your DSL service will remain active with your current DSL supplier until the transfer takes place.
    • You will need to contact your current DSL supplier about any faults with your DSL service until this transfer takes place.
    • You may experience an outage in your DSL service of up to 4 hours whilst the transfer takes place. TPP Internet is not liable for any delays, as we are dependent on a 3rd party.
    • TPP Internet holds no liability if the DSL transfer is rejected.
    • You are the account holder of the DSL service(s) listed above, or is authorised by the account holder to transfer this service to TPP Internet.
    • You understand that it is your responsibility to check the terms of your Agreement/Contract with your current DSL supplier to determine if there will be any consequences under that agreement/contract as a result of this transfer (such as an early termination payment).
    • You authorise TPP Internet to confirm, on your behalf, your current technical data to be used for the DSL transfer process only.

  28. Churning away from TPP Internet
    • You are responsible for any outstanding fee's owing to TPP Internet prior to the transfer including Monthly Access Fee's and Disconnection Fee's (if applicable).
    • Upon confirmation of a Churn away, TPP Internet will complete a pro-rata refund of any fee's charged in excess, less any applicable Disconnection Fee's.
    • Your TPP Internet account will be automatically cancelled after you have been Churned to your new ISP.

  29. Additional Matters
    The following additional TPP Internet services apply.
    • We may change this agreement at any time by advance notice to you. This period of advance notice will be at least 14 days or the period of time remaining in your chosen plan period with us (whichever is the longer period).
    • Our maximum liability to you is limited to the total sum of all fees paid or payable by you during your chosen plan period during which any such liability may arise.
    • To the extent to which we provide you with any goods, our liability is limited to the replacement or the payment for the cost of the goods being repaired under the Manufacturers Warranty excluding all shipping and handling costs.
    • These terms do not limit in any way any additional rights or obligations applicable by any Federal and State legislation, including legislation relating to Trade Practices and Fair Trading.
    • The law that applies to this agreement is the Law of Victoria and any Federal applicable law.

  30. Notices
    The following procedures apply.
    You acknowledge that we rely on email as our main communication method. Hence we will send notices to you by email as follows:
    • If you are a current customer and your account is not suspended, the email will be sent to your primary TPP Internet user address or any alternate email address you provide to us.
    • If you do not have an email address, or it is suspended, we may attempt to contact you by phone or mail.
    • If we are legally obliged to contact you we will make all reasonable attempts to do so.
    Any notice we send you by email is deemed to be received by you at the time this email communication leaves our email servers, unless we receive automated notification of non-delivery within 24 hours.

    You may send notices to TPP Internet. You must include your username, password and chosen plan details for your notice to be legally binding.
    • By email to: orders@tppinternet.com
    • By mail to: TPP Internet Customer Service, GPO Box 2138, Melbourne VIC 3001
    • By fax to: 1300 887 866 or 03 9642 1743
    You have the obligation of proof of receipt by us of any notice that you send.

  31. Schedule of Fees
    The following Fees may be subject to change from time to time and it is your responsibility to check.

    DescriptionFee
    Setup Fee$127.50 or special price as indicated on the webpage
    Setup Fee for Churning/Transferring your ADSL1 to TPP Internet
    Service re-location/re-connection fee
    (within 6 months of DSL connection on your current phone number)
    The Disconnection Fee + The applicable Setup Fee
    Service re-location/re-connection fee
    (after 6 months of DSL connection on your current phone number)
    The applicable Setup Fee
    Early Termination Fee$135
    Costs of order cancellation before completion (equates to the setup fee)$127.50
    Hardware Delivery Fee$25
    Fee to upgrade or downgrade line speed$55
    Fee to change Plans with no line speed change$10
    Fee to carry our a Service Qualification of a Pair
    (in the absence of an Order)
    $10
    Fee for an incorrect fault call-out$300
    Variation to order details (speed) before line installation date is advised by Telstra + delay of 2 working days $15
    Variation to order details (address) before line installation date is advised by Telstra + delay of 5 working days $15
    Printed Invoice$1.50
    Late Payment Fee$8
    Payment Dishonour Fee$11
    Administration Fee$20
    Disconnection Fee$99