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STANDARD FORM OF AGREEMENT
Your access, connection and use of the services; any Goods or any quotations for or offers to supply Goods; and/or any other services in connection with Goods and/or Services including but not limited to installation and maintenance services, provided to you by RA-WIFI Pty. Ltd.
ABN: 31-125-849-621 trading as NuSkope. The provision of Supplies by us is subject to and will incorporate the terms and conditions of this Agreement; Acceptable Use Policy and all applicable laws. By accessing and using the Service you represent that you have read, understood and accepted these Terms and agreed to be bound by them. If you do not agree to these Terms please do not use the Service or register an Account.
The SFOA:
Is a standard form of agreement under section 479 of the Telecommunications Act 1997; applies to all Goods, Services and Other Services provided by NuSkope; may be amended by NuSkope from time to time in accordance with the SFOA; and does not apply if and to the extent otherwise agreed between NuSkope and a customer. The applicable terms are the Standard Form of Agreement (and any additional terms contained in each applicable Service Schedule), the Acceptable Use Policy and the Privacy Policy.
1. APPLICATION AND TERM OF AGREEMENT
You may apply for a Service by any method approved by us. We may accept your application in our absolute discretion. If accepted, an Agreement between us and you commences on the Service Commencement Date for the first Service you acquire from us and will continue until the expiration or termination of the period of time specified in the Application for the last Service you acquire from us (unless terminated earlier as per the SFOA).
2. OUR OBLIGATIONS TO YOU
We undertake that:
We will use our provider to Supplies your request, in accordance with the Agreement;
We will make all reasonable efforts to ensure continuity of the services, but we make no guarantee that the services will be either uninterrupted or error-free; and
while we endeavor to take reasonable care with information that you deposit with us we cannot and do not guarantee that all such information will reach its intended destination (including electronic mail) inside or outside our network.
You acknowledge that we must comply with the Telecommunications Act 1997 and other laws and directives under state or federal laws including those issued by state or federal law enforcement agencies that have jurisdiction over the use of Internet services; and
We will cooperate with law enforcement agencies and other service providers to control and prevent unacceptable behavior and may implement automated mechanisms to prevent behavior which is or may be in breach. This may include removing any content or closing or suspending your account.
The Supplies are provided on an 'as-is' basis.
3. YOUR OBLIGATIONS TO US
You acknowledge and agree that:
- * You must provide us with accurate and truthful information in your Application;
- * You will not interfere with our normal operations of the service, or make the equipment unsafe.
- * In order to provide the Service to you, we may need access to the Premises. You agree to provide us safe and prompt access to the Premises to install any equipment for a Service you have requested. To inspect, test, maintain, modify, repair or replace any equipment If the equipment is damaged or stolen, the equipment replacement is at the expense of you.
4. ACCESS INFORMATION
We will provide you with the access information required to use the Services that we deem reasonably necessary (if any). You must maintain the secrecy and confidentiality of all such access information and notify us immediately if your username and password are lost (or you think someone else is using them). You will be liable for all Charges resulting from use of the Services accessed through your access information, whether authorized by you or not.
5. TERMINATION BY US
We may terminate the Agreement immediately by notice in writing if:
- * you are in breach of any term of the Agreement (including any Policy) and such breach is not remedied within 7 days of us notifying you;
- * you have provided us with false or misleading information;
- * your nominated payment method is refused or dishonored;
- * if you are a natural person, we discover or reasonably believe that you are a minor;
- * we believe you are about to or may become or are in jeopardy of becoming subject to any form of insolvency administration;
- * if you being a partnership, dissolve, threaten or resolve to dissolve or are in jeopardy of dissolving;
- * if you, being a natural person, die; or
- * You cease or threaten to cease conducting business in the normal manner, in which case you will not be entitled to a refund in respect of the Supplies.
- *Otherwise, we may terminate the Agreement for any reason on 30 days' notice in writing to you (unless the applicable Service Schedule specifies a longer notice), in which case we will provide you with a refund in respect of the Supplies for which you have paid in advance but which have not been supplied by us, calculated at the applicable monthly rate.
6. CANCELLATION BY YOU
Customers wishing to terminate their WIRELESS service with NuSkope prior to the end of the user's contract are liable to pay an early termination fee of $200.00
9. SERVICE LEVELS - REPORTING FAULTS
You must report in detail of the suspected fault in question to the help desk. You may report a suspected Fault to us 24 hours per day.
Before reporting a fault to us, you must take reasonable steps to ensure that the fault is not a fault in any of Your Equipment; such equipment does not include equipment provided by NuSkope. If you report a fault in the Service and ask us to register a fault to repair it, we will run through a checklist of common faults.
By registering a fault you acknowledge that you have physically carried out the actions as outlined in this verbal checklist. If we determine that the Service is not faulty, the fault is associated with Your Equipment, or a fault was found because an item in the checklist was not carried out effectively, we may charge you an incorrect call-out fee of $25 plus any contractor fees applicable.
When reporting a fault you must provide us with contact details, including your name, your contact point(s), the Site Contact (if applicable), contacts at both ends of the Service (if applicable) and details of the Fault systems.
10. INVESTIGATION OF FAULTS BY NUSKOPE
We will analyze the cause of the suspected Fault and determine if the suspected Fault is a Fault. We will not provide Fault restoration under the Agreement where the fault is in a network not owned or maintained by NuSkope. Where a Fault report is lodged, we will undertake Fault restoration work during the Hours of Coverage for Restoration for the Service. If you wish to escalate the Fault, you must contact NuSkope explaining the outstanding issue. If the escalation does not result in the restoration of the Service, you should contact the contact point specified by us to field any complaints regarding failure to adequately escalate outstanding Faults (the NuSkope Customer Services Manager) and report this escalation failure.
14. CHARGES AND BILLING
You must pay all Charges for the Service in accordance with your Account Agreement, which may be varied from time to time. The set-up fee is processed upon the Commencement Date and is non-refundable unless we are unable to provision the service to you. All portions of usage are charged for and unused allocations are not transferable or refundable. NuSkope reserves the right to re-issue an invoice if any error is subsequently discovered. Your invoice will be calculated by reference to data recorded or logged by NuSkope.
Records held by NuSkope will be conclusive evidence of the Usage of the Service and the Charges payable by you.
Where an account becomes in arrears NuSkope will initiate actions to secure payment of delinquent accounts. A late fee will apply to accounts that are not paid by or on the renewal date. This fee is $15.00 per default. If we are unable to secure a suitable payment, your service will be restricted without further notice.
Interest is payable on any amount due and payable which is outstanding under this agreement at an annual rate equal to 3% above the prime rate of interest on overdrafts charged by the ANZ Bank.
Debt recovery services will be used to recover any amount outstanding beyond this initial action plus an administration fee of $130. Please note that you will be liable for any financial institution charges and collection fees including but not limited to solicitors costs, court and collection agent fees as appointed by NuSkope.
If you supplied credit card details, you authorize NuSkope to debit the credit card for all valid charges when they become due including Excess Traffic or time.
If you are permitted to upgrade or change an account, that upgrade or change will occur on the next billing cycle. An option does exist for an immediate upgrade (subject to technical feasibility) but in doing so, you acknowledge that any remaining time or data for the remaining period is forfeited.
We offer different plan structures for the provision of the Supply and you are liable for the fees applicable to any Supplies you acquire, as specified in each Application. If you acquire ongoing Services from us, a regular invoice/statement notification will be delivered via email. The first months service charge plus activation fee and any hardware charges must be paid in full before NuSkope can activate the service when first joining, and the on going service supplied to you by us must be paid one month in advanced. You are responsible for any collection fees (including legal fees and any other costs) incurred by us as a result of the collection of outstanding monies owed by you to us under the Agreement.
17. CUSTOMER SERVICE GUARANTEE
The Customer Service Guarantee under Part 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 prescribes mandatory performance standards for certain telecommunications services. NuSkope will comply with such standards to the extent that they apply to the Services offered.
18. COMPLAINTS
NUSKOPE is committed to resolving customer complaints quickly and in a satisfactory manner. If you have a complaint, in the first instance we request that you contact NUSKOPE on the contact details below. If your complaint is not satisfactorily resolved with us, you may either contact the Office of Fair Trading in your state or territory, or as a last resort, the Telecommunications Industry Ombudsman.
19. CONTACT DETAILS
To contact NuSkope please go to the use any of the contact details located on our website http://www.nuskope.com.au or contact us on our number (08) 7123 2901
20. Revision of the SOFA
NuSkope Pty Ltd reserves the right to revise, amend, or modify the AUP, our Internet Service Agreements and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on the Internet at www.nuskope.com.au
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