Terms of Service

1. Definitions

2. About these terms

This Agreement is formed when you sign up for a Service through our website, customer portal, or by contacting us, and we accept your application. By signing up, you confirm that you have read, understood, and agree to be bound by this Agreement.

This Agreement should be read together with the Critical Information Summary for your chosen Plan and our Privacy Policy. In the event of any inconsistency, the Critical Information Summary for your Plan prevails to the extent of the inconsistency regarding Plan-specific details (pricing, speeds, inclusions), and these Terms of Service prevail on all other matters.

3. Eligibility

To be eligible for the Service, you must:

• Be at least 18 years of age
• Have a valid Australian residential or business address that is serviceable by the NBN
• Provide valid identification as required for identity verification
• Not have been previously terminated by OTS for fraud, abuse, or serious breach of these Terms
• Have authority to enter into this Agreement (e.g., property owner or authorised tenant)

4. Your account

• You are responsible for maintaining the security of your account credentials, including your password. You must not share your login details with any other person.
• You must provide accurate and up-to-date information when creating your account and must promptly update your details if they change.
• You are responsible for all activity on your account, including activity by other users of your connection.
• Each individual may hold one account only. However, a single account may have multiple active services at different addresses.
• You must notify us promptly of any unauthorised use of your account.

5. Our services

OTS provides retail broadband internet access services over the NBN. Services are delivered using the NBN technology available at your Service Address, which may include:

• Fibre to the Premises (FTTP)
• Fibre to the Curb (FTTC)
• Fibre to the Node (FTTN)
• Hybrid Fibre Coaxial (HFC)
• Fixed Wireless

The technology type and maximum achievable speeds at your address are determined by NBN Co and are outside our control. Certain plans (500 Mbps and above) are only available on FTTP technology. Plans at 250 Mbps are available on FTTP, FTTC, and HFC.

Speed information

Maximum speed refers to the speed tier of your Plan as described in the Critical Information Summary. Typical evening speed represents the download speed most customers on a Plan can expect during the busy period of 7:00 pm to 11:00 pm. Actual speeds may vary depending on NBN technology type, network conditions, equipment, internal wiring, and the number of simultaneous users.

Residential services are provided on a best-effort basis. We do not provide a service level agreement (SLA) or speed guarantee for residential services.

6. Plans and pricing

• All plans are month-to-month with no lock-in contract. There are no minimum terms and no early termination fees.
• All prices are in Australian dollars and include GST.
• Current plan details and pricing are available on our Plans page and in the relevant Critical Information Summary.
• We reserve the right to change our prices. If we increase the price of your current Plan, we will provide at least 30 days' notice by email. If you do not agree with the new price, you may change to a different Plan or cancel your Service without penalty within the notice period.

7. Billing and payment

• Services are billed monthly in advance. Your billing cycle begins on the date your service is activated.
• We accept the following payment methods: credit card, debit card, BECS Direct Debit, and BPAY.
• Payment is processed automatically via the payment method registered on your account (auto-pay). You may also pay manually via BPAY.
• Invoices are due on the date of issue. If automatic payment fails, you will have 7 days to rectify the payment.
• If you change plans mid-cycle, charges are pro-rated. You will be credited for the unused portion of your current plan and charged the pro-rated amount for the new plan for the remaining days in the billing cycle.

Late payment consequences

1. Reminder: If payment is not received within 7 days, we will send a payment reminder by email.
2. Suspension: If payment remains outstanding for 14 days, we may suspend your service. You will be notified by email before suspension occurs.
3. Termination: If payment remains outstanding for 30 days, we may terminate your service and refer the debt for collection.

We do not charge late payment fees. However, if your account is referred to a collection agency, you may be liable for collection costs.

8. Using our services

Acceptable use

You must not use the Service to:

• Engage in any activity that is illegal under Australian law
• Transmit, store, or distribute content that is unlawful, threatening, abusive, defamatory, or infringes the rights of others
• Send unsolicited bulk email (spam) or conduct denial-of-service attacks
• Attempt to gain unauthorised access to any system, network, or data
• Interfere with or disrupt the NBN or our network infrastructure
• Resell or commercially redistribute the Service without our prior written consent

Fair use and network management

All our residential plans include unlimited data and we do not throttle speeds based on usage volume. However, we reserve the right to apply reasonable network management practices during periods of extreme congestion to ensure equitable access for all customers. Network management measures are applied on a technology-neutral basis and do not target specific applications or content.

9. Equipment

• Modem/router not provided: You will need to supply your own compatible modem/router. We publish a list of recommended devices on our website.
• Compatibility: Your modem/router must be compatible with the NBN technology type at your address. We are not responsible for performance issues caused by incompatible or faulty customer equipment.
• NBN Network Termination Device (NTD): The NTD at your premises is owned and maintained by NBN Co. You must not tamper with, modify, or relocate the NTD. Faults with the NTD should be reported to us and will be escalated to NBN Co.

10. Service changes

Plan changes

You may change your plan at any time through the customer portal or by contacting us. Plan changes are effective immediately, and billing is pro-rated for the remainder of the billing cycle. Downgrading from a higher speed tier may take up to 24 hours to take effect.

Moving house

If you move to a new address within the NBN coverage area, you can transfer your service. Contact us at least 14 days before your move date. A new service qualification will be required at your new address, and the available technology and speeds may differ. The service at your old address will be disconnected and a new connection provisioned at your new address. Standard connection timeframes apply. There is no charge for transferring your service.

Technology changes

If NBN Co upgrades the technology at your address (for example, from FTTN to FTTP), you may need to transition to the new technology. We will work with you and NBN Co to coordinate the transition with minimal disruption.

11. Suspension and termination

Cancellation by you

• You may cancel your Service at any time by providing 30 days' written notice via the customer portal, email, or phone.
• Your service will remain active until the end of the 30-day notice period or the end of your current billing cycle, whichever is later.
• A final bill will be issued for any outstanding charges. If you have credit on your account, it will be refunded to your nominated payment method within 14 days.
• There are no early termination fees.

Suspension or termination by us

We may suspend or terminate your Service if:

• You fail to pay charges when due (see section 7 for the late payment process)
• You breach the acceptable use provisions in section 8
• We reasonably suspect fraud or illegal activity on your account
• You provide false or misleading information
• We are required to do so by law or by a regulatory authority

Except in cases of serious or urgent breach (including suspected fraud, illegal activity, or imminent harm to our network), we will provide you with reasonable notice and an opportunity to remedy the breach before suspending or terminating your Service.

12. Liability

To the maximum extent permitted by law:

• Our total liability for any claim arising under or in connection with this Agreement is limited to the re-supply of the Service or, at our option, a credit for the total fees paid by you in the 3 months preceding the claim.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunity, or goodwill.
• We are not liable for service interruptions, speed reductions, or outages caused by NBN Co, third-party infrastructure, force majeure events, or circumstances beyond our reasonable control.
• You indemnify us against any claims, losses, or damages arising from your misuse of the Service, breach of these Terms, or violation of any applicable law.

Nothing in these Terms excludes or limits any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), including consumer guarantees that services will be provided with due care and skill, be fit for purpose, and be provided within a reasonable time.

13. Privacy

We collect, use, and disclose personal information in accordance with our Privacy Policy. By using the Service, you acknowledge that you have read and understood our Privacy Policy.

14. Complaints and disputes

If you have a complaint or dispute:

1. Contact us first: Raise your complaint via the customer portal, email ([email protected]), or phone. We will acknowledge your complaint within 2 business days and aim to resolve it within 15 business days.
2. Telecommunications Industry Ombudsman (TIO): If you are not satisfied with our resolution, or if we have not resolved your complaint within 15 business days, you may escalate the matter to the TIO. The TIO is a free and independent external dispute resolution service.
   Contact: www.tio.com.au | 1800 062 058

15. General

Governing law

This Agreement is governed by the laws of the State of Victoria, Australia. You and OTS irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and any courts that may hear appeals from those courts.

Severability

If any provision of this Agreement is found to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

Entire agreement

This Agreement, together with the documents referenced herein (Critical Information Summary, Privacy Policy), constitutes the entire agreement between you and OTS regarding the Service and supersedes all prior agreements, representations, and understandings.

Assignment

You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign our rights and obligations under this Agreement to a related body corporate or successor entity, provided that the assignee agrees to be bound by these Terms.

Force majeure

Neither party is liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay results from events beyond its reasonable control, including natural disasters, government actions, pandemics, power failures, NBN Co outages, or third-party telecommunications failures.

Notices

Notices from us to you will be sent to the email address registered on your account, or published on our website. Notices from you to us should be sent to the contact details below. Notices sent by email are taken to be received on the next business day after sending.

Changes to these terms

We may update these Terms from time to time. If we make material changes, we will provide 30 days' notice by email to the address associated with your account. If you do not agree with the changes, you may cancel your service without penalty within the notice period.

16. Contact